1     
NATIONAL GUARD DEATH BENEFIT AMENDMENTS

2     
2016 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Paul Ray

5     
Senate Sponsor: Peter C. Knudson

6     Cosponsors:
7     Gage Froerer
8     Eric K. Hutchings
9     Don L. Ipson
David E. Lifferth
Merrill F. Nelson
Michael E. Noel
Curtis Oda
Lee B. Perry
Dixon M. Pitcher
10     

11     LONG TITLE
12     General Description:
13          This bill provides for a death gratuity for the next of kin of a National Guard member
14     who dies while on state active duty.
15     Highlighted Provisions:
16          This bill:
17          ▸     provides for a $100,000 death gratuity for the next-of-kin of a National Guard
18     member who dies while on state active duty.
19     Money Appropriated in this Bill:
20          This bill appropriates:
21          ▸     to the National Guard Death Benefit Account, as an ongoing appropriation from the
22     General Fund, $9,500.
23     Other Special Clauses:
24          None
25     Utah Code Sections Affected:
26     ENACTS:
27          39-1-59.5, Utah Code Annotated 1953
28     REPEALS AND REENACTS:

29          39-1-59, as last amended by Laws of Utah 2011, Chapter 366
30     

31     Be it enacted by the Legislature of the state of Utah:
32          Section 1. Section 39-1-59 is repealed and reenacted to read:
33          39-1-59. Compensation for injury or death.
34          Within 72 hours of the reported death of a member of the National Guard on state
35     active duty, the state shall provide a death gratuity payment of $100,000 to:
36          (1) the person designated as the recipient of the member's unpaid pay and allowances
37     in the member's service record; or
38          (2) if no one is designated, the designated person cannot be found, or the designated
39     person has predeceased the member, the member's heirs in accordance with Title 75, Chapter 2,
40     Part 1, Intestate Succession.
41          Section 2. Section 39-1-59.5 is enacted to read:
42          39-1-59.5. National Guard Death Benefit Restricted Account.
43          (1) There is created within the General Fund a restricted account known as "National
44     Guard Death Benefit Account."
45          (2) (a) The restricted account shall be funded from funds appropriated by the
46     Legislature.
47          (b) Funds in the restricted account may only be used to pay the death benefit authorized
48     in Section 39-1-59.
49          (c) The restricted account may accrue interest which shall be deposited into the
50     restricted account.
51          (d) At the close of any fiscal year, any balance in the fund in excess of $2,000,000 shall
52     be transferred to the General Fund.
53          Section 3. Appropriation.
54          Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act, for
55     the fiscal year beginning July 1, 2016, and ending June 30, 2017, the following sums of money
56     are appropriated from resources not otherwise appropriated, or reduced from amounts

57     previously appropriated, out of the funds or amounts indicated. These sums of money are in
58     addition to amounts previously appropriated for fiscal year 2017.
59          To the National Guard Death Benefit Account as an ongoing appropriation
60               From the General Fund
$9,500