2
3
4
5
6
7 LONG TITLE
8 General Description:
9 This bill recodifies Title 39, Militias and Armories, as Title 39A, National Guard and
10 Militia Act.
11 Highlighted Provisions:
12 This bill:
13 ▸ restructures Title 39, Militias and Armories, into Title 39A, National Guard and
14 Militia Act;
15 ▸ creates the following new chapters:
16 • Chapter 1, Utah National Guard and Militia Act;
17 • Chapter 2, State Armory Board;
18 • Chapter 3, Utah National Guard;
19 • Chapter 4, Utah State Defense Force;
20 • Chapter 5, Utah Code of Military Justice;
21 • Chapter 6, Utah Service Members Civil Relief Act;
22 • Chapter 7, State Morale, Welfare, and Recreation Program; and
23 • Chapter 8, West Traverse Sentinel Landscape Act;
24 ▸ clarifies that the State Defense Force is not subject to federal activation;
25 ▸ specifies qualifications for the adjutant general and staff;
26 ▸ removes outdated language and provisions; and
27 ▸ makes technical and conforming changes.
28 Money Appropriated in this Bill:
29 None
30 Other Special Clauses:
31 None
32 Utah Code Sections Affected:
33 AMENDS:
34 53-2a-603, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 20
35 59-12-104, as last amended by Laws of Utah 2021, Chapters 280 and 367
36 76-5-102.4, as last amended by Laws of Utah 2017, Chapters 62 and 123
37 78B-20-302, as enacted by Laws of Utah 2016, Chapter 292
38 78B-20-311, as enacted by Laws of Utah 2016, Chapter 292
39 ENACTS:
40 39A-1-101, Utah Code Annotated 1953
41 39A-1-102, Utah Code Annotated 1953
42 39A-1-203, Utah Code Annotated 1953
43 39A-2-104, Utah Code Annotated 1953
44 39A-3-101, Utah Code Annotated 1953
45 39A-3-104, Utah Code Annotated 1953
46 39A-3-105, Utah Code Annotated 1953
47 39A-3-106, Utah Code Annotated 1953
48 39A-3-109, Utah Code Annotated 1953
49 39A-5-201, Utah Code Annotated 1953
50 39A-6-102, Utah Code Annotated 1953
51 RENUMBERS AND AMENDS:
52 39A-1-201, (Renumbered from 39-1-12, as last amended by Laws of Utah 2018,
53 Chapter 131)
54 39A-1-202, (Renumbered from 39-1-23, Utah Code Annotated 1953)
55 39A-2-101, (Renumbered from 39-2-1, as last amended by Laws of Utah 2010, Chapter
56 286)
57 39A-2-102, (Renumbered from 39-2-2, as last amended by Laws of Utah 2021, Chapter
58 89)
59 39A-2-103, (Renumbered from 39-2-9, Utah Code Annotated 1953)
60 39A-3-102, (Renumbered from 39-1-3, as last amended by Laws of Utah 2018, Chapter
61 131)
62 39A-3-103, (Renumbered from 39-1-9, as last amended by Laws of Utah 1988, Chapter
63 210)
64 39A-3-107, (Renumbered from 39-1-51, as last amended by Laws of Utah 2021,
65 Chapter 123)
66 39A-3-108, (Renumbered from 39-1-47, Utah Code Annotated 1953)
67 39A-3-110, (Renumbered from 39-1-40.5, as last amended by Laws of Utah 2015,
68 Chapter 70)
69 39A-3-111, (Renumbered from 39-1-50, as last amended by Laws of Utah 2013,
70 Chapter 237)
71 39A-3-201, (Renumbered from 39-1-63, as last amended by Laws of Utah 2015,
72 Chapter 65)
73 39A-3-202, (Renumbered from 39-1-65, as enacted by Laws of Utah 2019, Chapter
74 299)
75 39A-3-203, (Renumbered from 39-1-59, as repealed and reenacted by Laws of Utah
76 2016, Chapter 96)
77 39A-3-204, (Renumbered from 39-1-59.5, as enacted by Laws of Utah 2016, Chapter
78 96)
79 39A-4-101, (Renumbered from 39-1-1, as last amended by Laws of Utah 2018, Chapter
80 131)
81 39A-4-102, (Renumbered from 39-4-1, as last amended by Laws of Utah 1988, Chapter
82 210)
83 39A-4-103, (Renumbered from 39-4-9, Utah Code Annotated 1953)
84 39A-4-104, (Renumbered from 39-4-11, as last amended by Laws of Utah 1988,
85 Chapter 210)
86 39A-4-105, (Renumbered from 39-4-10, as last amended by Laws of Utah 1988,
87 Chapter 210)
88 39A-4-106, (Renumbered from 39-4-3, as last amended by Laws of Utah 1988, Chapter
89 210)
90 39A-4-107, (Renumbered from 39-4-8, Utah Code Annotated 1953)
91 39A-4-108, (Renumbered from 39-4-5, Utah Code Annotated 1953)
92 39A-4-109, (Renumbered from 39-4-12, as last amended by Laws of Utah 1988,
93 Chapter 210)
94 39A-4-110, (Renumbered from 39-4-7, Utah Code Annotated 1953)
95 39A-4-111, (Renumbered from 39-4-4, Utah Code Annotated 1953)
96 39A-4-112, (Renumbered from 39-1-8, Utah Code Annotated 1953)
97 39A-5-101, (Renumbered from 39-6-1, as last amended by Laws of Utah 2015, Chapter
98 70)
99 39A-5-102, (Renumbered from 39-6-2, as last amended by Laws of Utah 2015,
100 Chapters 70 and 83)
101 39A-5-103, (Renumbered from 39-6-6, as last amended by Laws of Utah 2008, Chapter
102 287)
103 39A-5-104, (Renumbered from 39-6-3, as enacted by Laws of Utah 1988, Chapter 210)
104 39A-5-105, (Renumbered from 39-6-5, as enacted by Laws of Utah 1988, Chapter 210)
105 39A-5-106, (Renumbered from 39-6-40, as last amended by Laws of Utah 1988,
106 Second Special Session, Chapter 9)
107 39A-5-107, (Renumbered from 39-6-7, as last amended by Laws of Utah 1989, Chapter
108 15)
109 39A-5-108, (Renumbered from 39-6-8, as enacted by Laws of Utah 1988, Chapter 210)
110 39A-5-109, (Renumbered from 39-6-4, as last amended by Laws of Utah 2018, Chapter
111 131)
112 39A-5-110, (Renumbered from 39-6-9, as enacted by Laws of Utah 1988, Chapter 210)
113 39A-5-111, (Renumbered from 39-6-10, as last amended by Laws of Utah 1989,
114 Chapter 15)
115 39A-5-112, (Renumbered from 39-6-11, as last amended by Laws of Utah 1988,
116 Second Special Session, Chapter 9)
117 39A-5-113, (Renumbered from 39-6-12, as enacted by Laws of Utah 1988, Chapter
118 210)
119 39A-5-114, (Renumbered from 39-6-23, as enacted by Laws of Utah 1988, Chapter
120 210)
121 39A-5-115, (Renumbered from 39-6-24, as enacted by Laws of Utah 1988, Chapter
122 210)
123 39A-5-116, (Renumbered from 39-6-26, as enacted by Laws of Utah 1988, Chapter
124 210)
125 39A-5-117, (Renumbered from 39-6-27, as last amended by Laws of Utah 2008,
126 Chapter 287)
127 39A-5-118, (Renumbered from 39-6-28, as enacted by Laws of Utah 1988, Chapter
128 210)
129 39A-5-119, (Renumbered from 39-6-114, as repealed and reenacted by Laws of Utah
130 2018, Chapter 131)
131 39A-5-202, (Renumbered from 39-6-15, as last amended by Laws of Utah 2015,
132 Chapter 70)
133 39A-5-203, (Renumbered from 39-6-16, as enacted by Laws of Utah 1988, Chapter
134 210)
135 39A-5-204, (Renumbered from 39-6-109, as enacted by Laws of Utah 1988, Chapter
136 210)
137 39A-5-205, (Renumbered from 39-6-108, as enacted by Laws of Utah 1988, Chapter
138 210)
139 39A-5-206, (Renumbered from 39-6-20, as last amended by Laws of Utah 2008,
140 Chapter 287)
141 39A-5-207, (Renumbered from 39-1-41.5, as last amended by Laws of Utah 1996,
142 Chapter 198)
143 39A-5-208, (Renumbered from 39-6-19, as last amended by Laws of Utah 1989,
144 Chapter 15)
145 39A-5-209, (Renumbered from 39-6-30, as enacted by Laws of Utah 1988, Chapter
146 210)
147 39A-5-210, (Renumbered from 39-6-31, as last amended by Laws of Utah 1993,
148 Chapter 110)
149 39A-5-211, (Renumbered from 39-6-29, as enacted by Laws of Utah 1988, Chapter
150 210)
151 39A-5-212, (Renumbered from 39-6-35, as enacted by Laws of Utah 1988, Chapter
152 210)
153 39A-5-213, (Renumbered from 39-6-34, as enacted by Laws of Utah 1988, Chapter
154 210)
155 39A-5-214, (Renumbered from 39-6-22, as last amended by Laws of Utah 1989,
156 Chapter 15)
157 39A-5-215, (Renumbered from 39-6-33, as last amended by Laws of Utah 1989,
158 Chapter 15)
159 39A-5-216, (Renumbered from 39-6-32, as enacted by Laws of Utah 1988, Chapter
160 210)
161 39A-5-217, (Renumbered from 39-6-38, as enacted by Laws of Utah 1988, Chapter
162 210)
163 39A-5-218, (Renumbered from 39-6-41, as enacted by Laws of Utah 1988, Chapter
164 210)
165 39A-5-219, (Renumbered from 39-6-39, as enacted by Laws of Utah 1988, Chapter
166 210)
167 39A-5-220, (Renumbered from 39-6-42, as last amended by Laws of Utah 1989,
168 Chapter 15)
169 39A-5-221, (Renumbered from 39-6-43, as enacted by Laws of Utah 1988, Chapter
170 210)
171 39A-5-222, (Renumbered from 39-6-44, as enacted by Laws of Utah 1988, Chapter
172 210)
173 39A-5-223, (Renumbered from 39-6-45, as last amended by Laws of Utah 1989,
174 Chapter 15)
175 39A-5-224, (Renumbered from 39-6-46, as enacted by Laws of Utah 1988, Chapter
176 210)
177 39A-5-225, (Renumbered from 39-6-52, as enacted by Laws of Utah 1988, Chapter
178 210)
179 39A-5-226, (Renumbered from 39-6-47, as enacted by Laws of Utah 1988, Chapter
180 210)
181 39A-5-227, (Renumbered from 39-6-53, as enacted by Laws of Utah 1988, Chapter
182 210)
183 39A-5-228, (Renumbered from 39-6-54, as last amended by Laws of Utah 2008,
184 Chapter 287)
185 39A-5-229, (Renumbered from 39-6-55, as last amended by Laws of Utah 1989,
186 Chapter 15)
187 39A-5-230, (Renumbered from 39-6-56, as last amended by Laws of Utah 1989,
188 Chapter 15)
189 39A-5-231, (Renumbered from 39-6-58, as last amended by Laws of Utah 2008,
190 Chapter 287)
191 39A-5-232, (Renumbered from 39-6-59, as enacted by Laws of Utah 1988, Chapter
192 210)
193 39A-5-233, (Renumbered from 39-6-61, as last amended by Laws of Utah 1994,
194 Chapter 12)
195 39A-5-234, (Renumbered from 39-6-62, as last amended by Laws of Utah 1989,
196 Chapter 15)
197 39A-5-235, (Renumbered from 39-6-37, as enacted by Laws of Utah 1988, Chapter
198 210)
199 39A-5-236, (Renumbered from 39-6-63, as enacted by Laws of Utah 1988, Chapter
200 210)
201 39A-5-237, (Renumbered from 39-6-64, as last amended by Laws of Utah 1988,
202 Second Special Session, Chapter 9)
203 39A-5-238, (Renumbered from 39-6-65, as last amended by Laws of Utah 1988,
204 Second Special Session, Chapter 9)
205 39A-5-239, (Renumbered from 39-6-107, as last amended by Laws of Utah 1993,
206 Chapter 110)
207 39A-5-301, (Renumbered from 39-6-49, as last amended by Laws of Utah 1989,
208 Chapter 15)
209 39A-5-302, (Renumbered from 39-6-14, as repealed and reenacted by Laws of Utah
210 2012, Chapter 60)
211 39A-5-303, (Renumbered from 39-6-110, as enacted by Laws of Utah 1988, Chapter
212 210)
213 39A-5-304, (Renumbered from 39-6-50, as enacted by Laws of Utah 1988, Chapter
214 210)
215 39A-5-305, (Renumbered from 39-6-51, as last amended by Laws of Utah 1988,
216 Second Special Session, Chapter 9)
217 39A-5-306, (Renumbered from 39-6-17, as last amended by Laws of Utah 1989,
218 Chapter 15)
219 39A-6-101, (Renumbered from 39-7-102, as enacted by Laws of Utah 1997, Chapter
220 306)
221 39A-6-103, (Renumbered from 39-7-119, as last amended by Laws of Utah 2008,
222 Chapter 382)
223 39A-6-104, (Renumbered from 39-7-104, as enacted by Laws of Utah 1997, Chapter
224 306)
225 39A-6-105, (Renumbered from 39-7-105, as enacted by Laws of Utah 1997, Chapter
226 306)
227 39A-6-106, (Renumbered from 39-7-106, as enacted by Laws of Utah 1997, Chapter
228 306)
229 39A-6-107, (Renumbered from 39-7-107, as enacted by Laws of Utah 1997, Chapter
230 306)
231 39A-6-108, (Renumbered from 39-7-108, as enacted by Laws of Utah 1997, Chapter
232 306)
233 39A-6-109, (Renumbered from 39-7-109, as enacted by Laws of Utah 1997, Chapter
234 306)
235 39A-6-110, (Renumbered from 39-7-110, as enacted by Laws of Utah 1997, Chapter
236 306)
237 39A-6-111, (Renumbered from 39-7-111, as enacted by Laws of Utah 1997, Chapter
238 306)
239 39A-6-112, (Renumbered from 39-7-112, as enacted by Laws of Utah 1997, Chapter
240 306)
241 39A-6-113, (Renumbered from 39-7-113, as last amended by Laws of Utah 2018,
242 Chapter 148)
243 39A-6-114, (Renumbered from 39-7-114, as last amended by Laws of Utah 2018,
244 Chapter 148)
245 39A-6-115, (Renumbered from 39-7-115, as last amended by Laws of Utah 2018,
246 Chapter 148)
247 39A-6-116, (Renumbered from 39-7-116, as enacted by Laws of Utah 1997, Chapter
248 306)
249 39A-6-117, (Renumbered from 39-7-117, as last amended by Laws of Utah 2018,
250 Chapter 148)
251 39A-7-101, (Renumbered from 39-9-101, as enacted by Laws of Utah 2014, Chapter
252 122)
253 39A-7-102, (Renumbered from 39-9-102, as enacted by Laws of Utah 2014, Chapter
254 122)
255 39A-7-103, (Renumbered from 39-9-103, as enacted by Laws of Utah 2014, Chapter
256 122)
257 39A-7-104, (Renumbered from 39-9-104, as enacted by Laws of Utah 2014, Chapter
258 122)
259 39A-7-105, (Renumbered from 39-9-105, as enacted by Laws of Utah 2014, Chapter
260 122)
261 39A-8-101, (Renumbered from 39-10-101, as enacted by Laws of Utah 2018, Chapter
262 216)
263 39A-8-102, (Renumbered from 39-10-102, as enacted by Laws of Utah 2018, Chapter
264 216)
265 39A-8-103, (Renumbered from 39-10-103, as enacted by Laws of Utah 2018, Chapter
266 216)
267 39A-8-104, (Renumbered from 39-10-104, as enacted by Laws of Utah 2018, Chapter
268 216)
269 39A-8-105, (Renumbered from 39-10-105, as last amended by Laws of Utah 2021,
270 Chapter 89)
271 REPEALS:
272 39-1-2, as last amended by Laws of Utah 2005, Chapter 65
273 39-1-4, as last amended by Laws of Utah 2005, Chapter 65
274 39-1-5, as last amended by Laws of Utah 1988, Chapter 210
275 39-1-7, Utah Code Annotated 1953
276 39-1-10, Utah Code Annotated 1953
277 39-1-12.5, as last amended by Laws of Utah 1993, Chapter 110
278 39-1-13, as last amended by Laws of Utah 1989, Chapter 22
279 39-1-14, Utah Code Annotated 1953
280 39-1-15, as last amended by Laws of Utah 2009, Chapter 388
281 39-1-16, Utah Code Annotated 1953
282 39-1-17, Utah Code Annotated 1953
283 39-1-18, as last amended by Laws of Utah 2015, Chapter 83
284 39-1-19, Utah Code Annotated 1953
285 39-1-21, as last amended by Laws of Utah 2012, Chapter 369
286 39-1-22, Utah Code Annotated 1953
287 39-1-24, as last amended by Laws of Utah 2012, Chapter 215
288 39-1-25, as last amended by Laws of Utah 2011, Chapter 336
289 39-1-26, Utah Code Annotated 1953
290 39-1-28, as last amended by Laws of Utah 1963, Chapter 61
291 39-1-29, Utah Code Annotated 1953
292 39-1-30, as last amended by Laws of Utah 1989, Chapter 22
293 39-1-31, as last amended by Laws of Utah 1963, Chapter 61
294 39-1-32, as last amended by Laws of Utah 2015, Chapter 83
295 39-1-33, as last amended by Laws of Utah 1963, Chapter 61
296 39-1-34, as last amended by Laws of Utah 1963, Chapter 61
297 39-1-35, as last amended by Laws of Utah 1981, Chapter 174
298 39-1-37, Utah Code Annotated 1953
299 39-1-38, as last amended by Laws of Utah 1988, Chapter 210
300 39-1-38.5, as last amended by Laws of Utah 1996, Chapter 198
301 39-1-39, as last amended by Laws of Utah 1989, Chapter 15
302 39-1-41, as last amended by Laws of Utah 2008, Chapter 287
303 39-1-44, Utah Code Annotated 1953
304 39-1-45, Utah Code Annotated 1953
305 39-1-46, as last amended by Laws of Utah 1953, Chapter 63
306 39-1-52, as last amended by Laws of Utah 1963, Chapter 61
307 39-1-53, as last amended by Laws of Utah 2018, Chapter 148
308 39-1-54, as last amended by Laws of Utah 2015, Chapter 391
309 39-1-56, as last amended by Laws of Utah 1989, Chapter 15
310 39-1-58, as last amended by Laws of Utah 2004, Chapter 359
311 39-1-60, as last amended by Laws of Utah 1988, Second Special Session, Chapter 9
312 39-1-62, as last amended by Laws of Utah 1983, Chapter 179
313 39-2-7, as last amended by Laws of Utah 1989, Chapter 22
314 39-4-2, Utah Code Annotated 1953
315 39-4-6, Utah Code Annotated 1953
316 39-4-13, as last amended by Laws of Utah 1988, Chapter 210
317 39-5-1, as last amended by Laws of Utah 1997, Chapter 211
318 39-5-2, as last amended by Laws of Utah 2013, Chapter 295
319 39-5-3, as enacted by Laws of Utah 1955, Chapter 130
320 39-6-18, as enacted by Laws of Utah 1988, Chapter 210
321 39-6-21, as enacted by Laws of Utah 1988, Chapter 210
322 39-6-36, as last amended by Laws of Utah 2014, Chapter 189
323 39-6-48, as enacted by Laws of Utah 1988, Chapter 210
324 39-6-57, as enacted by Laws of Utah 1988, Chapter 210
325 39-6-111, as enacted by Laws of Utah 1988, Chapter 210
326 39-6-112, as enacted by Laws of Utah 1988, Chapter 210
327 39-6-113, as last amended by Laws of Utah 2018, Chapter 131
328 39-7-101, as enacted by Laws of Utah 1997, Chapter 306
329 39-7-103, as enacted by Laws of Utah 1997, Chapter 306
330 39-8-101, as enacted by Laws of Utah 2006, Chapter 333
331 39-8-102, as enacted by Laws of Utah 2006, Chapter 333
332 39-9-106, as enacted by Laws of Utah 2014, Chapter 122
333 39-9-107, as enacted by Laws of Utah 2014, Chapter 122
334
335 Be it enacted by the Legislature of the state of Utah:
336 Section 1. Section 39A-1-101 is enacted to read:
337 39A-1-101. National Guard and Militia Act.
338 This title governs the Utah National Guard and unorganized militia in accordance with
339 Utah Constitution Article XV.
340 Section 2. Section 39A-1-102 is enacted to read:
341 39A-1-102. Definitions.
342 As used in this title:
343 (1) "Adjutant general" means the commanding general of the Utah National Guard as
344 appointed by the governor under Section 39A-1-201.
345 (2) "National Guard" means the Utah National Guard created in Section 39A-3-101
346 and in accordance with Utah Constitution Article XV.
347 (3) "Utah State Defense Force" or "Defense Force" means the unorganized militia as
348 structured in Chapter 4 of this title.
349 Section 3. Section 39A-1-201, which is renumbered from Section 39-1-12 is
350 renumbered and amended to read:
351 [
352 Qualifications.
353 (1) There shall be one adjutant general of the National Guard appointed by the
354 governor.
355 (2) The adjutant general is the commanding general of the Utah National Guard and the
356 Utah State Defense Force and holds office for a term of six years, unless terminated by
357 resignation, disability, age, in accordance with Subsection (6), or for cause [
358
359 [
360 (a) be a citizen of Utah and meet the requirements provided in Title 32, United States
361 Code;
362 (b) be a federally recognized commissioned officer, with the rank of colonel or higher,
363 of the National Guard of the United States with no fewer than five years commissioned service
364 in the Utah National Guard; and
365 (c) as determined by the governor, have sufficient knowledge and experience to
366 command the Utah National Guard.
367 [
368 requirement in Subsection [
369 when the officer entered that service.
370 (5) The adjutant general shall establish a succession plan consistent with Section
371 53-2a-804 to ensure the continuity of command.
372 [
373 attaining [
374 (7) The adjutant general shall ensure the readiness, training, discipline, and operations
375 of the National Guard.
376 Section 4. Section 39A-1-202, which is renumbered from Section 39-1-23 is
377 renumbered and amended to read:
378 [
379 The seal of the adjutant general shall be circular in form, containing an inner circle[
380 [
381 and between the circles shall be impressed "National Guard, Adjutant General."
382 Section 5. Section 39A-1-203 is enacted to read:
383 39A-1-203. Director of joint staff -- Assistant adjutants general -- Chief of staff
384 for the air force.
385 (1) There is authorized an assistant adjutant general for the Army, an assistant adjutant
386 general for the Air Force, a chief of staff for the Air Force, and a director of joint staff.
387 (2) The adjutant general, with the approval of the governor, may appoint assistant
388 adjutant generals, a chief of staff for the Air Force, and a director of joint staff with pay from
389 the state.
390 (3) The assistant adjutants general, the chief of staff for the Air Force, and the director
391 of joint staff shall be at least a federally recognized field grade commissioned officer of the
392 Utah National Guard with not less than five years military service in the armed forces of a state
393 or of the United States, at least three of which shall have been commissioned in the Utah
394 National Guard. The officers shall hold office at the pleasure of the adjutant general.
395 (4) The adjutant general may detail an officer without the required commissioned
396 service in the Utah National Guard to a position in this section only with the written approval
397 of the governor.
398 Section 6. Section 39A-2-101, which is renumbered from Section 39-2-1 is
399 renumbered and amended to read:
400 [
401 corporate -- Powers -- Expenses.
402 (1) [
403 Armory Board with the following members:
404 (a) the governor[
405 (b) the executive director of the Department of Government Operations; and
406 (c) the adjutant general of the Utah National Guard, appointed in accordance with
407 Section 39A-3-102.
408 [
409 board's property is exempt from all taxes and assessments.
410 [
411 (a) have and use a common seal[
412 (b) sue and be sued[
413 (c) contract and be contracted with[
414 (d) [
415 property required for [
416 (e) [
417 for [
418 [
419 (a) borrow money for the purpose of [
420 facilities, ranges, and training lands upon the sole credit of the real property to which [
421 board has [
422 (b) may secure [
423 [
424
425 [
426 against the board upon the foreclosure of [
427 property in one city [
428 erection of armories in any other place. [
429
430 [
431 but may receive per diem and travel expenses in accordance with:
432 (a) Section 63A-3-106;
433 (b) Section 63A-3-107; and
434 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
435 63A-3-107.
436 Section 7. Section 39A-2-102, which is renumbered from Section 39-2-2 is
437 renumbered and amended to read:
438 [
439 (1) The board shall supervise and control [
440 ranges, training lands, and all real property held or acquired for the military purposes of the
441 state.
442 (2) The board may:
443 (a) provide suitable [
444 different organizations of the National Guard;
445 (b) lease [
446 wherever necessary for the use of organizations of the National Guard and for the storage of
447 state and government property at a rental that the board considers reasonable;
448 (c) erect [
449 considers necessary upon lands to which it has acquired the legal title;
450 (d) expend military funds to acquire legal title to lands and to construct [
451
452 (e) sell and lease property that the board holds under Subsection (1) for purposes
453 consistent with the mission of the Utah National Guard; and
454 (f) conduct meetings and take official action in person or as necessary via electronic
455 means, including telephone or video teleconferencing, or a combination of these methods.
456 (3) (a) Subject to Subsection (3)(b), the board may take options for the purchase of any
457 premises under lease to the state for [
458 (i) at any time during the life of the lease; and
459 (ii) when the purchase is in the state's interest.
460 (b) An option is not binding upon the board until it is approved by the Legislature.
461 (4) (a) Before legally binding the state to sell or lease any [
462
463 proposed sale to the Legislative Management Committee for its review and recommendations.
464 (b) Before legally binding the state to purchase any interest in real property, the board
465 shall submit a description of the proposed sale to the Legislative Management Committee for
466 its review and recommendations.
467 (c) The Legislative Management Committee shall review each proposal and may[
468 approve or disapprove the sale.
469 [
470 [
471 (5) The proceeds from the sales and leases of [
472 authorized by this section shall be appropriated to the State Armory Board to be applied toward
473 the acquisition and sale of real property, and the construction of new armories.
474 (6) Funds may be deposited into a public treasury investment fund to earn interest until
475 use.
476 Section 8. Section 39A-2-103, which is renumbered from Section 39-2-9 is
477 renumbered and amended to read:
478 [
479 erecting facilities.
480 [
481 political subdivision or state agency may appropriate from any funds [
482 general purposes [
483 assist the State Armory Board in the [
484
485
486
487
488 Section 9. Section 39A-2-104 is enacted to read:
489 39A-2-104. Use of armories by veterans organizations permitted.
490 Federally chartered veterans organizations have the right to the use of armories owned
491 or leased by the state at no charge, provided that the use does not interfere with the mission of
492 the Utah National Guard as determined by the adjutant general.
493 Section 10. Section 39A-3-101 is enacted to read:
494 39A-3-101. Utah National Guard -- Creation.
495 (1) There is created the Department of the Utah National Guard.
496 (2) The Utah National Guard is commanded by an adjutant general and consists of the
497 following:
498 (a) the joint force headquarters;
499 (b) the Utah Army National Guard, commanded by an assistant adjutant general for the
500 Army;
501 (c) the Utah Air National Guard, commanded by an assistant adjutant general for the
502 Air Force; and
503 (d) the Utah State Defense Force as organized in Title 39A, Chapter 4, Utah State
504 Defense Force.
505 (3) The numerical strength, composition, distribution, organization, arms, uniforms,
506 equipment, training, and discipline of the National Guard shall be prescribed by the governor in
507 conformity with the laws and regulations of the United States and the laws of this state.
508 (4) The location of units including headquarters, when not otherwise prescribed by
509 federal law, shall be fixed by the governor on the recommendation of the adjutant general.
510 Section 11. Section 39A-3-102, which is renumbered from Section 39-1-3 is
511 renumbered and amended to read:
512 [
513 (1) The governor by virtue of the governor's office shall be commander in chief of the
514 Utah National Guard [
515
516 (2) The governor:
517 (a) is authorized to issue all orders, rules and regulations necessary to conform the
518 Utah National Guard to Title 32 of the United States Code in its organization, government,
519 discipline, maintenance, training, equipment, and regulations;
520 (b) shall appoint and commission all officers and select all warrant officers, subject to
521 the provisions of Title 32 of the United State Code; [
522
523
524 [
525
526 [
527
528
529 [
530 [
531
532
533 (d) may order the National Guard into active service as necessary.
534 (3) Notwithstanding Subsection (2)(b), an appointee who fails to receive federal
535 recognition after being notified by the National Guard of the appointment shall revert to the
536 status occupied before the appointment.
537 Section 12. Section 39A-3-103, which is renumbered from Section 39-1-9 is
538 renumbered and amended to read:
539 [
540 (1) The National Guard [
541 of the United States.
542 (2) When called into the service of the United States, [
543 governed by the applicable laws and military regulations of the United States.
544 [
545
546 Section 13. Section 39A-3-104 is enacted to read:
547 39A-3-104. Service members -- Appointment and promotion.
548 (1) All officers of the National Guard shall be appointed by the governor and receive a
549 state commission.
550 (2) The power of appointment may be delegated to the adjutant general, and further
551 delegated as the adjutant general considers necessary.
552 (3) Appointments are subject to approval as prescribed by the laws of the United States
553 or related rules or regulations governing the National Guard.
554 (4) The appointment, promotion, and withdrawal of a federal commission shall be
555 made in a manner consistent with all applicable federal policies, rules, instructions, or
556 regulations.
557 (5) The withdrawal of a state commission shall be made in accordance with National
558 Guard regulations in effect at the time of consideration for the withdrawal.
559 (6) The appointment, promotion, and reduction of enlisted personnel shall be made in a
560 manner consistent with all applicable federal policies, rules, instructions, or regulations.
561 Section 14. Section 39A-3-105 is enacted to read:
562 39A-3-105. General officer salary and benefits.
563 (1) Full-time, state employed general officers or officers appointed to a general officer
564 position shall receive a salary that makes the total federal and state compensation at least
565 commensurate with the pay and allowances for their military grade or assigned position, time
566 in grade, and time in service as established in the United States Department of Defense Finance
567 and Accounting Services annual pay and allowances chart.
568 (2) General officers appointed to state employment shall receive the benefits and
569 protections in Section 39-1-36 for the term of the appointment.
570 Section 15. Section 39A-3-106 is enacted to read:
571 39A-3-106. State active duty orders.
572 (1) Orders for state duty may be oral or written.
573 (2) Written orders shall be issued by the governor or the adjutant general.
574 (3) An oral order may be delivered by an officer or noncommissioned officer.
575 Section 16. Section 39A-3-107, which is renumbered from Section 39-1-51 is
576 renumbered and amended to read:
577 [
578 active duty.
579 (1) When called into the service of the state and not in the service of the United States,
580 the members of the National Guard shall:
581 (a) receive at least the same pay and allowance as members of the regular [
582 or regular [
583 (b) elect to:
584 (i) receive medical, dental, disability, or death benefits equal to those received by
585 full-time, permanent state employees; or
586 (ii) maintain any medical, dental, disability, or death benefits already in place[
587 [
588 (2) The state may not make payments to members of the National Guard for service for
589 which the United States government makes payment.
590 Section 17. Section 39A-3-108, which is renumbered from Section 39-1-47 is
591 renumbered and amended to read:
592 [
593 [
594 [
595 Section 18. Section 39A-3-109 is enacted to read:
596 39A-3-109. Loss of property -- Liability.
597 (1) When Utah National Guard federal property is destroyed, damaged, or lost due to
598 the failure of a service member to perform the duties required by law or regulation, the adjutant
599 general may assess financial liability to the service member.
600 (2) Within established law and regulation, the adjutant general may require the service
601 member to reimburse the federal government for all or part of the loss, whether the service
602 member is in federal status, state status, or off duty.
603 Section 19. Section 39A-3-110, which is renumbered from Section 39-1-40.5 is
604 renumbered and amended to read:
605 [
606 Jurisdiction.
607 (1) [
608 adopted as the Utah Code of Military Justice[
609 (2) The [
610 by personnel of the Utah National Guard serving under this title or Title 32, United States
611 Code, are punishable as [
612
613 and Part 3, Military Punishments.
614 (3) [
615
616 executions, and other process. The process shall be served by county sheriffs, at the expense of
617 the state.
618 (4) Judgments for fines or forfeitures may be docketed in the same manner as district
619 court judgments in each county, and without costs.
620 (5) Appeals shall be taken to the Court of Appeals.
621 (6) Sentences of [
622 jail. Costs incurred by the county shall be paid out of the General Fund of the state.
623 (7) Certification as counsel for prosecution or defense, or as a judge of [
624
625 attorneys who are members of the Utah State Bar and are serving as judge advocates in the
626 Utah National Guard.
627 (8) A [
628 civilian counsel to represent [
629 military court.
630 (9) [
631 restitution to victims, statutory surcharges, and may issue all writs and judgments for the
632 execution of any [
633 (10) When consistent with the Utah Manual for Military Courts, the Utah Rules of
634 Criminal Procedure apply [
635 Section 20. Section 39A-3-111, which is renumbered from Section 39-1-50 is
636 renumbered and amended to read:
637 [
638 with county or district attorney.
639 (1) The county attorney or district attorney, as appropriate under Sections 17-18a-202
640 and 17-18a-203, of the county where an offense under the Utah Code of Military Justice is
641 committed has concurrent jurisdiction with [
642 prosecute the accused [
643 (2) Charges regarding the offense may not be filed in a military court until the
644 appropriate county attorney or district attorney has reviewed and declined to prosecute the
645 offense.
646 Section 21. Section 39A-3-201, which is renumbered from Section 39-1-63 is
647 renumbered and amended to read:
648 [
649 members -- Use and allocation -- Appropriation.
650 (1) (a) As used in this section, "fees" means general course fees, in addition to tuition,
651 that are:
652 (i) imposed by an institution of higher education; and
653 (ii) required to be paid by a student to engage in a course of study at the institution of
654 higher education.
655 (b) "Fees" does not include a special course fee.
656 (2) The Utah National Guard may provide tuition and fees assistance to a member of
657 the Utah National Guard for study at an institution of higher education, subject to the following
658 requirements:
659 (a) the individual [
660 active member of the Utah National Guard; and
661 (b) the assistance is for tuition and fees only and may not be more than the resident
662 tuition and fees for the actual course of postsecondary study engaged in by the individual.
663 (3) (a) Tuition and fees assistance shall be awarded [
664 adjutant general considers necessary.
665 (b) An individual may apply to the adjutant general of the state for assistance for each
666 year during which the individual is an active member of the Utah National Guard.
667 [
668
669 (c) The adjutant general may recoup funds if a recipient fails to meet the requirements
670 of the program.
671 (4) The adjutant general of the state shall pay [
672 to [
673 (5) The adjutant general of the state shall establish regulations, procedures, forms, and
674 reports necessary to administer the allocation of assistance and payment of funds under this
675 section.
676 [
677
678 [
679
680
681 (6) The adjutant general may use no more than 10% of the funds for administration of
682 the program as the adjutant general considers necessary.
683 Section 22. Section 39A-3-202, which is renumbered from Section 39-1-65 is
684 renumbered and amended to read:
685 [
686 state active duty.
687 (1) (a) Before a servicemember may be considered disabled in accordance with this
688 section, the Adjutant General shall determine whether the servicemember's illness, injury, or
689 disease was contracted or occurred through the fault or negligence of the servicemember. If the
690 servicemember is determined to be at fault for an injury or developed a disability through his or
691 her own negligent actions, the servicemember is not entitled to any care, pension, or benefit in
692 accordance with this section.
693 (b) Notwithstanding Subsection (1)(a) the servicemember may be eligible for benefits
694 in accordance with Title 34A, Chapter 2, Workers' Compensation Act, and Chapter 3, Utah
695 Occupational Disease Act.
696 (2) A member of the Utah National Guard or Utah State Defense Force who is disabled
697 through illness, injury, or disease contracted or incurred while on state active duty or while
698 reasonably proceeding to or returning from duty is eligible to receive workers' compensation
699 benefits in accordance with Title 34A, Chapter 2, Workers' Compensation Act.
700 (3) (a) If the disability temporarily incapacitates the servicemember from pursuing the
701 servicemember's usual business or occupation, the servicemember is eligible to receive
702 workers' compensation benefits in accordance with Title 34A, Chapter 2, Workers'
703 Compensation Act, and Chapter 3, Utah Occupational Disease Act.
704 (b) For the duration of the servicemember's inability to pursue a business or
705 occupation, the [
706
707 received under Subsection (3)(a) [
708
709 adjutant general shall consider lost civilian and military pay in the compensation.
710 (4) A servicemember who is permanently disabled, shall receive pensions and benefits
711 from the state that [
712 United States receive from the United States.
713 (5) If a servicemember dies as a result of an injury, illness, or disease contracted or
714 incurred while on state active duty or while reasonably proceeding to or returning from active
715 duty, the surviving spouse, minor children, or dependent parents of the servicemember shall
716 receive compensation as directed in Section [
717 (6) Costs incurred by reason of this section shall be paid out of the funds available to
718 the Utah National Guard.
719 (7) The [
720 make and publish regulations to implement this section.
721 (8) Nothing in this section shall in any way limit or condition any other payment to a
722 servicemember that the law allows.
723 Section 23. Section 39A-3-203, which is renumbered from Section 39-1-59 is
724 renumbered and amended to read:
725 [
726 Within 72 hours of the reported death of a member of the National Guard on state
727 active duty, the state shall provide a death gratuity payment of $100,000 to:
728 (1) the [
729 allowances in the member's service record; or
730 (2) if no one is designated, the designated [
731 designated [
732 with Title 75, Chapter 2, Part 1, Intestate Succession.
733 Section 24. Section 39A-3-204, which is renumbered from Section 39-1-59.5 is
734 renumbered and amended to read:
735 [
736 (1) There is created within the General Fund a restricted account known as "National
737 Guard Death Benefit Account."
738 (2) (a) The restricted account shall be funded from funds appropriated by the
739 Legislature.
740 (b) Funds in the restricted account may only be used to pay the death benefit authorized
741 in Section [
742 (c) The restricted account may accrue interest which shall be deposited into the
743 restricted account.
744 (d) At the close of any fiscal year, any balance in the fund in excess of $2,000,000 shall
745 be transferred to the General Fund.
746 Section 25. Section 39A-4-101, which is renumbered from Section 39-1-1 is
747 renumbered and amended to read:
748 [
749 (1) [
750 able-bodied [
751 citizens, [
752 old, and are residents of this state, constitute the [
753 Utah State Defense Force.
754 (2) Individuals exempt from Subsection (1) include:
755 (a) [
756 United States;
757 (b) [
758 state;
759 (c) all [
760
761 (d) active members of any regularly organized fire or police department in any city or
762 town, but [
763 because [
764 (e) judges and clerks of courts of record[
765 (f) state and county civil officers holding office by election[
766 (g) state officers appointed by the governor for a specified term of office[
767 (h) ministers of the gospel[
768 (i) practicing physicians[
769
770 [
771
772 insurrection, invasion, tumult, riot, or public disaster, or imminent danger of any of these, or
773 after [
774 Section 26. Section 39A-4-102, which is renumbered from Section 39-4-1 is
775 renumbered and amended to read:
776 [
777 Force.
778 (1) The governor, by virtue of the governor's office, may organize and maintain [
779
780
781 (2) [
782 or assigned, and able-bodied citizens of the state who volunteer for service, supplemented if
783 necessary by [
784 law.
785 (3) [
786 National Guard [
787
788 (4) The Defense Force may have prescribed uniforms.
789 (5) If ordered to active service by the governor, the Defense Force shall be under the
790 command of the adjutant general.
791 Section 27. Section 39A-4-103, which is renumbered from Section 39-4-9 is
792 renumbered and amended to read:
793 [
794 [
795 the Defense Force who:
796 (1) is not a citizen of the United States; or [
797 (2) has been expelled or dishonorably discharged from any military [
798
799 Section 28. Section 39A-4-104, which is renumbered from Section 39-4-11 is
800 renumbered and amended to read:
801 [
802 [
803 one year, but an enlistment may be renewed.
804 (2) The oath to be taken upon enlistment in the [
805 substantially in the form prescribed for enlisted [
806 substituting the words, "Utah State Defense Force," where necessary.
807 Section 29. Section 39A-4-105, which is renumbered from Section 39-4-10 is
808 renumbered and amended to read:
809 [
810 The oath to be taken by officers commissioned in the [
811 substantially in the form prescribed for officers of the National Guard, but substituting the
812 words "Utah State Defense Force," where necessary.
813 Section 30. Section 39A-4-106, which is renumbered from Section 39-4-3 is
814 renumbered and amended to read:
815 [
816 (1) [
817 service by the governor, shall receive compensation as prescribed by the governor.
818 (2) The compensation may not exceed the rate of pay [
819 officers and other members of the National Guard when called into active service of the state
820 by the governor.
821 Section 31. Section 39A-4-107, which is renumbered from Section 39-4-8 is
822 renumbered and amended to read:
823 [
824 [
825 body, union, league, or other combination of [
826
827 company, or unit.
828 Section 32. Section 39A-4-108, which is renumbered from Section 39-4-5 is
829 renumbered and amended to read:
830 [
831 [
832 boundaries of this state [
833 the governor [
834
835
836 the Emergency Management Assistance Compact, orders the Defense Force to assist outside
837 the state.
838 (2) The Defense Force may be recalled by the governor at [
839 [
840
841
842
843
844
845
846
847
848
849
850 Section 33. Section 39A-4-109, which is renumbered from Section 39-4-12 is
851 renumbered and amended to read:
852 [
853 applicable.
854 [
855 to active service [
856 Utah Code of Military Justice, as it applies to the [
857 prescribed under it apply to the Utah State Defense Force.
858 [
859
860 [
861
862 Section 34. Section 39A-4-110, which is renumbered from Section 39-4-7 is
863 renumbered and amended to read:
864 [
865 service -- Members not exempt from United States military service.
866 [
867
868 such into the military service of the United States[
869 (2) An individual is not, by reason of [
870
871 States.
872 Section 35. Section 39A-4-111, which is renumbered from Section 39-4-4 is
873 renumbered and amended to read:
874 [
875 secretary of defense.
876 For the use of [
877 from the secretary of [
878
879 equipment of the National Guard available to [
880
881 Force.
882 Section 36. Section 39A-4-112, which is renumbered from Section 39-1-8 is
883 renumbered and amended to read:
884 [
885 (1) Whenever the [
886 Force is called into active service, the governor may, by proclamation, declare all or any part of
887 any county, city or town in which the troops are serving to be under martial law[
888 (2) When the [
889
890 authorities [
891
892 Section 37. Section 39A-5-101, which is renumbered from Section 39-6-1 is
893 renumbered and amended to read:
894 [
895 [
896 The "Utah Code of Military Justice" may be abbreviated as the "UtCMJ[
897 individuals subject to this title.
898 Section 38. Section 39A-5-102, which is renumbered from Section 39-6-2 is
899 renumbered and amended to read:
900 [
901 As used in this chapter:
902 (1) "Accuser" means [
903 (a) signs and swears to charges;
904 (b) directs that charges nominally be signed and sworn to by another; or
905 (c) any other [
906 the prosecution of the accused.
907 (2) "Apprehend" means taking an individual into custody by competent authority, with
908 or without a warrant.
909 (3) "Arrest" means restraining an individual by an order, not imposed as a punishment
910 for an offense, directing the individual to remain within a specified area.
911 [
912 officer designated as a commander.
913 [
914 (6) "Confinement" means the physical restraint of an individual.
915 [
916 [
917 includes going to and returning from the duty.
918 [
919 [
920 rank, established and designated as a grade by law or regulation.
921 [
922 Guard [
923 [
924 National Guard.
925 [
926 [
927 court.
928 [
929 court detailed under Section [
930 [
931
932 Utah [
933
934 [
935 [
936 [
937 state under an order of the governor, issued pursuant to the governor's authority, and includes
938 going to and returning from [
939 [
940 general's corps officer responsible for supervising the delivery of legal services in the National
941 Guard.
942 [
943 advocate general's corps officer appointed as the senior legal officer for the [
944 Guard.
945 [
946 another in rank or command.
947 [
948 (23) "Unit" means any regularly organized command of the National Guard.
949 Section 39. Section 39A-5-103, which is renumbered from Section 39-6-6 is
950 renumbered and amended to read:
951 [
952 Duties -- Assistants.
953 (1) The adjutant general shall appoint an officer of the National Guard as the state
954 judge advocate. The officer shall be a member of the Utah State Bar, a United States federal
955 court, branch qualified, and designated as a staff judge advocate officer.
956 (2) The state judge advocate is the principal military legal advisor and shall, in
957 connection with rendering legal advice to the adjutant general, prepare pretrial advice, a
958 post-trial review, and act as legal advisor to the adjutant general on all matters involving
959 military justice[
960 (3) The adjutant general may appoint assistant state judge advocates as considered
961 necessary. [
962 members of the Utah State Bar, branch qualified, and designated as staff judge advocate
963 officers.
964 (4) The SJA or an assistant SJA shall make frequent inspections of military units
965 throughout the state to supervise the administration of military justice.
966 (5) The convening authority shall review directly with the SJA all matters relating to
967 the administration of military justice and administrative actions. The assistant state judge
968 advocate or legal officer of any command may communicate directly with the assistant state
969 judge advocate or legal officer of a superior or subordinate command, or with the SJA.
970 (6) [
971 assistant trial counsel, defense counsel, assistant defense counsel, or investigating officer, or
972 who has been a witness for either the prosecution or defense, may not subsequently act as
973 assistant state judge advocate, SJA, or legal officer to any reviewing authority upon the same
974 case.
975 Section 40. Section 39A-5-104, which is renumbered from Section 39-6-3 is
976 renumbered and amended to read:
977 [
978 offenses.
979 (1) The following [
980 (a) all members of the National Guard, including full-time members serving under
981 Title 32, United States Code; and
982 (b) all other [
983 Guard or the [
984 required by the terms of the order or other directive[
985 (2) (a) If there is a military activation by the federal government, all activated [
986 individuals who would otherwise be under the jurisdiction of this chapter are subject to
987 concurrent jurisdiction under federal and state law.
988 (b) [
989 during activation and after release from federal service, while within the period of [
990 applicable statute of limitations.
991 Section 41. Section 39A-5-105, which is renumbered from Section 39-6-5 is
992 renumbered and amended to read:
993 [
994 Military courts held outside the state.
995 (1) This chapter applies to all [
996 (a) subject to this chapter within the state; [
997 (b) otherwise subject to this chapter while serving outside the state[
998 (c) while going to and returning from the service outside the state[
999
1000 (2) Military courts may be convened and held in units of the National Guard while
1001 those units are serving without the state, with the same jurisdiction and powers as to [
1002 individuals subject to this chapter as if the proceedings were held within the state. Offenses
1003 committed without the state may be tried and punished either within or without the state, as
1004 military necessity dictates.
1005 (3) Nothing in this chapter limits a commander's authority to use adverse
1006 administrative action to address misconduct by a member, regardless of the member's status at
1007 the time of the misconduct.
1008 Section 42. Section 39A-5-106, which is renumbered from Section 39-6-40 is
1009 renumbered and amended to read:
1010 [
1011 chapter.
1012 [
1013 state if [
1014 or to testify, or refuses to produce any evidence which [
1015 been legally subpoenaed to produce, after [
1016 (1) subpoenaed to appear as a witness or to produce books and records before a
1017 military court or before any military or civil officer designated to take a deposition to be read in
1018 evidence before the court; and
1019 (2) paid or tendered the fees and mileage of a witness at the rates allowed to witnesses
1020 attending the district courts of the state.
1021 Section 43. Section 39A-5-107, which is renumbered from Section 39-6-7 is
1022 renumbered and amended to read:
1023 [
1024 [
1025
1026 [
1027 promulgated pursuant to this chapter to apprehend [
1028 any provost marshal of a military court appointed under this chapter, and any peace officer
1029 authorized by law, may apprehend [
1030 cause to believe that an offense has been committed and the [
1031 apprehended committed the offense.
1032 [
1033 quell disorderly conduct among [
1034 apprehend those [
1035 Section 44. Section 39A-5-108, which is renumbered from Section 39-6-8 is
1036 renumbered and amended to read:
1037 [
1038 [
1039
1040 [
1041 commanding officer by an order, oral or written, delivered in person or through [
1042 individuals subject to this chapter, or through [
1043 chapter to apprehend [
1044 (2) A commanding officer may authorize warrant officers or noncommissioned officers
1045 to order enlisted members of his or her command or subject to his or her authority into arrest or
1046 confinement.
1047 (3) A commissioned officer or warrant officer may be ordered apprehended, or ordered
1048 into arrest or confinement, only by a commanding officer to whose authority [
1049 commissioned officer or warrant officer is subject, and only by an order, oral or written,
1050 delivered in person or by another commissioned officer. The authority to order the [
1051 officer apprehended or into arrest or confinement may not be delegated.
1052 (4) A [
1053 confinement except upon probable cause.
1054 (5) This section does not limit [
1055 offenders in [
1056 notified.
1057 Section 45. Section 39A-5-109, which is renumbered from Section 39-6-4 is
1058 renumbered and amended to read:
1059 [
1060 Limitations -- Tolling of time limits.
1061 (1) [
1062 charged with having fraudulently obtained the discharge is subject to trial by a military court on
1063 that charge.
1064 (2) After apprehension, the [
1065 military custody for trial. Upon conviction of [
1066 subject to trial for all offenses under this chapter committed prior to the fraudulent discharge.
1067 (3) [
1068 subject the [
1069 jurisdiction of this chapter due to a separation from any later period of service.
1070 (4) An individual charged with desertion or absence without leave shall be tried and
1071 punished within four years after the preferral of charges.
1072 (5) Except under Subsection (4), an individual charged with any offense may not be
1073 tried by a military court or punished under Section 39A-5-303 if the offense was committed
1074 more than two years before the receipt of sworn charges and specifications by an officer
1075 exercising jurisdiction as a military court convening authority.
1076 (6) Periods when the accused was outside the state's jurisdiction or in the custody of
1077 civilian authorities are excluded in computing limitations of time under this section.
1078 Section 46. Section 39A-5-110, which is renumbered from Section 39-6-9 is
1079 renumbered and amended to read:
1080 [
1081 [
1082 [
1083 offense under this chapter, may be ordered into arrest or confinement, as circumstances require.
1084 (b) When [
1085 confinement prior to trial, action shall be taken immediately to notify [
1086 the specific offense charged [
1087 the charges [
1088 [
1089
1090 in a penal [
1091 general.
1092 Section 47. Section 39A-5-111, which is renumbered from Section 39-6-10 is
1093 renumbered and amended to read:
1094 [
1095 (1) A provost marshal, [
1096 sheriff, or officer of a city or county jail or [
1097 Section [
1098
1099 indicating the offense charged against the prisoner.
1100 (2) Any party under Subsection (1) charged with keeping a prisoner shall within 24
1101 hours after [
1102 commanding officer of the prisoner the name of the prisoner, the nature of the offense charged
1103 against him, and the name of the [
1104 commitment.
1105 Section 48. Section 39A-5-112, which is renumbered from Section 39-6-11 is
1106 renumbered and amended to read:
1107 [
1108 limitations.
1109 (1) Subject to Section [
1110 prior to trial may not be subjected to punishment or penalty other than arrest or confinement
1111 [
1112 (2) The arrest or confinement imposed on a prisoner may not be more rigorous than
1113 necessary to ensure the prisoner's presence. However, [
1114 (a) subjected to minor punishment during that period for discipline violations; and
1115 (b) required to perform labor as necessary for the policing and sanitation of [
1116 prisoner's living [
1117
1118 Section 49. Section 39A-5-113, which is renumbered from Section 39-6-12 is
1119 renumbered and amended to read:
1120 [
1121 Sentences of military and civilian courts.
1122 (1) [
1123 who is accused of an offense against a civilian [
1124 request, to [
1125 (2) (a) [
1126 delivered to a civilian authority under this section, and the [
1127 civilian court, the execution of the sentence of the military court is interrupted.
1128 (b) After the [
1129 court, upon request of military authority, [
1130 custody for completion of [
1131 Section 50. Section 39A-5-114, which is renumbered from Section 39-6-23 is
1132 renumbered and amended to read:
1133 [
1134 accused.
1135 (1) Charges and specifications shall be signed by a [
1136 chapter under oath before [
1137 state that:
1138 (a) the [
1139 matters set forth in the document; and
1140 (b) the matters set forth are true to the best of [
1141 belief.
1142 (2) (a) Upon the preferring of charges, the appropriate authority shall take action
1143 immediately to determine what disposition should be made in the interest of justice and
1144 discipline.
1145 (b) The accused shall be informed of the charges against him or her as soon as
1146 practicable.
1147 Section 51. Section 39A-5-115, which is renumbered from Section 39-6-24 is
1148 renumbered and amended to read:
1149 [
1150 other individuals.
1151 (1) [
1152 (a) compel any [
1153 question, the answer to which may tend to incriminate [
1154 (b) interrogate, or request any statement from an accused or [
1155 suspected of an offense, without first:
1156 (i) informing [
1157 (ii) advising [
1158 not required regarding the offense of which [
1159 any statement [
1160 military court; and
1161 (c) compel any [
1162 military court, if the statement or evidence is not material to the issue before the court and may
1163 tend to degrade [
1164 (2) A statement obtained from any [
1165 through the use of coercion, unlawful influence, or unlawful inducement may not be received
1166 in evidence against [
1167 Section 52. Section 39A-5-116, which is renumbered from Section 39-6-26 is
1168 renumbered and amended to read:
1169 [
1170 general.
1171 When [
1172 officer shall forward the charges, together with the investigation and related papers, to the
1173 governor or the adjutant general within five working days, excluding holidays, after the
1174 accused is ordered into arrest or confinement.
1175 Section 53. Section 39A-5-117, which is renumbered from Section 39-6-27 is
1176 renumbered and amended to read:
1177 [
1178 (1) (a) Before directing the trial of any charge by a military court, the convening
1179 authority shall refer [
1180 (b) The convening authority may not refer a charge to a military court for trial unless
1181 he or she has found that the charge alleges an offense under this chapter and is warranted by
1182 sufficient evidence, as indicated in the report of the investigation.
1183 (2) If the charges or specifications are not formally correct or do not conform to the
1184 substance of the evidence contained in the report of the investigating officer, formal corrections
1185 and changes in the charges and specifications as necessary may be made to conform to the
1186 evidence.
1187 Section 54. Section 39A-5-118, which is renumbered from Section 39-6-28 is
1188 renumbered and amended to read:
1189 [
1190 (1) The trial counsel to whom charges are referred for trial shall cause to be served
1191 upon the accused a copy of the charges to be tried.
1192 (2) [
1193 or be required to participate [
1194 judge under Section [
1195 service of charges [
1196 Section 55. Section 39A-5-119, which is renumbered from Section 39-6-114 is
1197 renumbered and amended to read:
1198 [
1199 (1) Federal laws and regulations, forms, precedents, and usages relating to and
1200 governing the armed forces of the United States and the National Guard not inconsistent with
1201 the constitution and laws of this state or with a rule or regulation adopted pursuant to Section
1202 [
1203 members on active duty within the state as active duty [
1204 personnel under U.S.C.A. Title 32, National Guard.
1205 (2) The Uniform Code of Military Justice, 10 U.S.C.A. 47, including regulations,
1206 manuals, forms, precedents, and usages implementing, interpreting and complementing the
1207 code, is adopted for use by the National Guard of this state and applies as long as it is not
1208 inconsistent with:
1209 (a) the constitution and laws of this state, including the regulations, manuals, forms,
1210 precedents, and usages implementing, interpreting, and complementing the constitution and
1211 laws of this state; or
1212 (b) a rule or regulation adopted pursuant to Section [
1213 National Guard of this state, including all members on active duty within the state as active
1214 duty [
1215 the members are serving other than in a federal capacity under U.S.C.A. Title 10.
1216 Section 56. Section 39A-5-201 is enacted to read:
1217 39A-5-201. Military courts.
1218 This part sets the requirements and procedures for the conduct of military courts of the
1219 Utah National Guard.
1220 Section 57. Section 39A-5-202, which is renumbered from Section 39-6-15 is
1221 renumbered and amended to read:
1222 [
1223 (1) [
1224 a military court to hear matters designated under the [
1225 (2) The governor or the adjutant general of the state is the convening authority for any
1226 military court in the state and upon receipt of charges may:
1227 (a) dismiss any charges;
1228 (b) forward charges to a subordinate commander for disposition; or
1229 (c) refer charges to a military court for trial.
1230 (3) A military court shall be convened in accordance with this part.
1231 [
1232 (a) a military judge and not fewer than three panel members; or
1233 (b) a military judge, if before the court is assembled, the accused, knowing the identity
1234 of the military judge and after consultation with his defense counsel, requests in writing a court
1235 composed only of a military judge, and the military judge approves the request.
1236 (5) The convening authority of a military court or court of inquiry:
1237 (a) shall detail or employ qualified court reporters to record the proceedings of and
1238 testimony taken by the court; and
1239 (b) may detail or employ interpreters, as necessary.
1240 Section 58. Section 39A-5-203, which is renumbered from Section 39-6-16 is
1241 renumbered and amended to read:
1242 [
1243 (1) (a) [
1244 jurisdiction to try [
1245 this chapter.
1246 (b) The military court may, under limitations the governor may prescribe, and under
1247 applicable state and federal regulations governing punishment, impose any punishment
1248 described in Section 39A-5-302 and not prohibited by this chapter or state law, including the
1249 issuance of a bad conduct discharge, when the court is in session to consider a penalty.
1250 (2) Each major command component of the National Guard has military court
1251 jurisdiction over all [
1252 jurisdiction by one command component over members of another shall be in accordance with
1253 regulations prescribed by the governor.
1254 (3) Members of the Utah National Guard [
1255 are subject to the federal Uniform Code of Military Justice and all federal and state laws
1256 pertaining to them, until released back to state control.
1257 (4) The jurisdiction of the courts established by this chapter is presumed, and the
1258 burden of proof shall rest on any individual attacking the court's jurisdiction in any action or
1259 proceeding.
1260 Section 59. Section 39A-5-204, which is renumbered from Section 39-6-109 is
1261 renumbered and amended to read:
1262 [
1263 (1) A military court may issue all processes and mandates necessary to carry into effect
1264 the court's authority. [
1265
1266
1267 (2) [
1268 (a) may be issued by a military court judge or the president of other military courts;
1269 (b) may be directed to and executed by the military police assigned to the court, or any
1270 peace officer; and
1271 (c) shall be in a form prescribed by regulations issued under this chapter.
1272 (3) (a) All officers to whom [
1273 [
1274 requirements of the documents.
1275 (b) Except [
1276 demand or require payment of any fee or charge for receiving, executing, or returning a process
1277 or mandate, or for any service in connection with either document.
1278 Section 60. Section 39A-5-205, which is renumbered from Section 39-6-108 is
1279 renumbered and amended to read:
1280 [
1281 The processes and sentences of the National Guard in its military court, when the guard
1282 is not in federal service, shall be executed by the civil officers prescribed by state law.
1283 Section 61. Section 39A-5-206, which is renumbered from Section 39-6-20 is
1284 renumbered and amended to read:
1285 [
1286 (1) The [
1287 [
1288 advocate, to preside over each open session of the court.
1289 (2) A military judge shall be:
1290 (a) a commissioned officer;
1291 (b) a member of the Utah State Bar;
1292 (c) a member of the bar of a federal court; and
1293 (d) certified as qualified for [
1294 [
1295
1296 [
1297 adjutant general nor the adjutant general's staff may prepare or review any report concerning
1298 the effectiveness, fitness, or efficiency of the detailed military judge that relates to the judge's
1299 performance of duty as a military judge.
1300 (4) [
1301 [
1302 (a) is the accuser;
1303 (b) is a witness in the case;
1304 (c) has acted as investigating officer; or
1305 (d) is a counsel in the same case.
1306 (5) The military judge of a court may not:
1307 (a) consult with the members of the court, except in the presence of the accused, trial
1308 counsel, and defense counsel; or
1309 (b) vote with the members of the court.
1310 Section 62. Section 39A-5-207, which is renumbered from Section 39-1-41.5 is
1311 renumbered and amended to read:
1312 [
1313 witnesses.
1314 (1) Judges of military courts may:
1315 (a) issue a warrant [
1316
1317
1318 individual who, having been served with a warrant and a copy of the charges, disobeys a
1319 written order by the convening authority to appear before the court;
1320 (b) issue subpoenas and subpoenas duces tecum, and enforce by attachment the
1321 attendance of witnesses and the production of books and papers;
1322 (c) sentence for a refusal to be sworn or to answer as provided in actions before civil
1323 courts; and
1324 (d) issue process to compel witnesses to appear and testify, and compel the production
1325 of other evidence in any county within the state.
1326 (2) Witnesses shall be paid in the same manner as in district courts.
1327 Section 63. Section 39A-5-208, which is renumbered from Section 39-6-19 is
1328 renumbered and amended to read:
1329 [
1330 (1) A commissioned officer off or on duty with the National Guard may serve on a
1331 military court for the trial of any [
1332 (2) A warrant officer off or on duty with the National Guard may serve on a military
1333 court for the trial of any [
1334 is brought before the court for trial.
1335 (3) (a) An enlisted member of the National Guard who is not a member of the same
1336 unit as the accused may serve on a military court for the trial of any enlisted member brought
1337 before the court for trial.
1338 (b) However, an enlisted member may serve as a member of a court only if before the
1339 conclusion of a session called by the court under Section [
1340 absence of the session, before the court is assembled for the trial of the accused, the accused
1341 personally has requested in writing that enlisted members serve on the court.
1342 (c) If the request is made under Subsection (3)(b), the accused may not be tried by the
1343 military court when enlisted members comprise less than 1/2 of the total membership of the
1344 court, unless eligible members cannot be obtained on account of physical conditions or military
1345 exigencies.
1346 (d) If [
1347 held without them, but the convening authority shall make a detailed written explanation of
1348 why [
1349 court record.
1350 [
1351
1352 (4) (a) [
1353 military court, but no member of the court may be junior to [
1354 grade.
1355 (b) When [
1356 authority shall detail as members of the court [
1357 are best qualified for the duty by age, education, training, experience, length of service, and
1358 judicial temperament.
1359 (c) A member is not eligible to serve as a member of a military court [
1360 member:
1361 (i) is the accuser [
1362 (ii) is a witness in the case [
1363 (iii) has acted as investigating officer in the case; or
1364 (iv) has acted as counsel in the [
1365 (5) An action or proceeding may not be prosecuted or maintained against a convening
1366 authority, member of a military court, or individual acting under the court's authority or
1367 reviewing the court's proceedings because of:
1368 (a) the imposition, approval, or execution of any sentence;
1369 (b) the imposition or collection of a fine or penalty; or
1370 (c) the execution of any warrant, writ, execution, process, or mandate of a military
1371 court.
1372 Section 64. Section 39A-5-209, which is renumbered from Section 39-6-30 is
1373 renumbered and amended to read:
1374 [
1375 influencing court actions -- Military court member's performance.
1376 [
1377
1378
1379
1380 (1) The court or any panel member, military judge, or counsel of the court may not be
1381 censured, reprimanded, or admonished by a convening authority, commanding officer, or staff
1382 officer with respect to the findings or sentence adjudged by the court, or any other function
1383 carried out in the proceeding.
1384 (2) [
1385 any unauthorized means influence the action of:
1386 (a) the military court or any other military tribunal or any member of [
1387 military tribunal arriving at the findings or sentence in any case; or
1388 (b) any convening, approving, or reviewing authority with respect to [
1389 acts.
1390 (3) Subsection (2) does not apply to:
1391 (a) general instructional or informational courses in military justice, if the courses are
1392 designed solely for the purpose of instructing members of a command in the substantive and
1393 procedural aspects of a military court; or
1394 (b) statements and instructions given in open court by the military judge, the president
1395 of a military court, or counsel.
1396 (4) In preparing an effectiveness, efficiency, or fitness report, or any other report or
1397 document used in whole or in part for determining whether a member of the National Guard is
1398 qualified to be advanced in grade, or in determining the assignment or transfer of a member of
1399 the National Guard, or in determining whether a member should be retained in an active status,
1400 [
1401 (a) consider or evaluate the performance of duty of any member of a military court; or
1402 (b) give a less favorable rating or evaluation of any member of the National Guard
1403 because of the zeal with which the member, as counsel, represented any accused before a
1404 military court or before any other proceeding authorized by this chapter.
1405 Section 65. Section 39A-5-210, which is renumbered from Section 39-6-31 is
1406 renumbered and amended to read:
1407 [
1408 counsel.
1409 (1) The trial counsel of a military court prosecutes in the name of the state, and shall
1410 prepare the record of the proceedings under the direction of the court.
1411 (2) (a) The accused has the right to be represented [
1412 court by civilian counsel if provided by him at no expense to the state, or by military counsel of
1413 his or her own selection if reasonably available.
1414 (b) If the accused has retained civilian counsel [
1415 counsel and any assistant defense counsel who were detailed shall act as the associate counsel
1416 to the civilian counsel [
1417 shall be excused by the military judge.
1418 (3) In a court proceeding resulting in a conviction, the defense counsel may forward for
1419 attachment to the record of proceedings a brief of matters that should be considered on behalf
1420 of the accused on review, including any objection to the contents of the record.
1421 (4) An assistant trial counsel of a military court may, under the direction of the trial
1422 counsel, or as trial counsel when he is so qualified, perform any duty imposed by law,
1423 regulation, or the custom of the service on the trial counsel of the court. An assistant trial
1424 counsel of a military court may perform any duty of the trial counsel.
1425 (5) An assistant defense counsel of a military court may, under the direction of the
1426 defense counsel or when he is qualified to be the defense counsel, perform any duty imposed
1427 by law, regulation, or the custom of the service upon counsel for the accused.
1428 Section 66. Section 39A-5-211, which is renumbered from Section 39-6-29 is
1429 renumbered and amended to read:
1430 [
1431 (1) In cases subject to or brought under this chapter, before military courts, or before
1432 other military tribunals, the procedure, including elements of proof, may be prescribed by the
1433 governor [
1434 (2) The [
1435 regulations that apply the principles of law and the rules of evidence generally recognized in
1436 the trial of criminal cases in the courts of the state. However, the regulations may not be
1437 contrary to or inconsistent with this chapter.
1438 Section 67. Section 39A-5-212, which is renumbered from Section 39-6-35 is
1439 renumbered and amended to read:
1440 [
1441 (1) Before performing their respective duties, an oath or affirmation to perform all
1442 duties faithfully shall be administered to:
1443 (a) military judges[
1444 (b) interpreters[
1445 (c) members of the court[
1446 (d) the trial counsel[
1447 (e) the assistant trial counsel[
1448 (f) the defense counsel[
1449 (g) the assistant defense counsel[
1450 (h) court reporters [
1451 (2) (a) The governor shall prescribe by regulation:
1452 (i) the oath or affirmation[
1453 (ii) the time and place of taking [
1454 (iii) the manner of recording the taking[
1455 (iv) whether the oath is to be taken for all cases in which these duties are to be
1456 performed or for a specific case.
1457 (b) The regulations may provide that an oath or affirmation to faithfully perform any of
1458 the duties under Subsection (1) except that of court reporter, be taken at any time by any judge
1459 advocate, legal officer, or other [
1460 duty. The regulations may also provide that an oath under this subsection need not again be
1461 taken at the time the judge advocate, legal officer, or other [
1462 oath under this section is detailed to that duty.
1463 [
1464 affirmation.
1465 Section 68. Section 39A-5-213, which is renumbered from Section 39-6-34 is
1466 renumbered and amended to read:
1467 [
1468 challenge.
1469 (1) The military judge and members of a military court may be challenged by the
1470 accused or the trial counsel for cause stated to the court. The military judge of the court shall
1471 determine the relevancy and validity of challenges for cause, and may not receive a challenge
1472 to more than one [
1473 and decided before those by the accused are offered, unless the judge determines otherwise.
1474 (2) Each accused and the trial counsel are entitled to one peremptory challenge, but the
1475 military judge may not be challenged except for cause. The military judge in his or her
1476 discretion may grant additional peremptory challenges where appropriate.
1477 Section 69. Section 39A-5-214, which is renumbered from Section 39-6-22 is
1478 renumbered and amended to read:
1479 [
1480 procedure.
1481 (1) A member of a military court may not be absent or excused after the court has been
1482 assembled for the trial of the accused, except because of physical disability, the result of a
1483 challenge, or for good cause by order of the convening authority.
1484 (2) (a) When a military court other than a court composed solely of a military judge is
1485 reduced to fewer than four members, the trial may not proceed unless the convening authority
1486 details new members sufficient to provide not fewer than four members.
1487 (b) When the new members have been sworn, the trial may proceed with the new
1488 members present after the recorded evidence previously introduced before the members of the
1489 court has been read to the court in the presence of the military judge, the accused, and the
1490 counsel for the prosecution and defense.
1491 Section 70. Section 39A-5-215, which is renumbered from Section 39-6-33 is
1492 renumbered and amended to read:
1493 [
1494 The military judge may, upon good cause shown, grant a continuance to trial or defense
1495 counsel for a stated period of time, when a continuance appears to be just.
1496 Section 71. Section 39A-5-216, which is renumbered from Section 39-6-32 is
1497 renumbered and amended to read:
1498 [
1499 (1) After the service of charges has been referred for trial to a military court composed
1500 of a military judge and panel members, the military judge may, subject to Section [
1501 39A-5-118, call the court into session. The session shall be:
1502 (a) made a part of the record[
1503 (b) in the presence of the accused, the defense counsel, and the trial counsel.
1504 (2) The session may be conducted without the presence of the panel members.
1505 (3) A session under this subsection may be conducted for the following purposes:
1506 (a) hearing and determining motions raising defenses or objections which are capable
1507 of determination without trial of the issues raised by a plea of not guilty;
1508 (b) hearing and ruling upon any matter a military judge under this chapter may rule
1509 upon, whether or not the matter is appropriate for later consideration or decision by the
1510 members of the court;
1511 (c) holding the arraignment and receiving the pleas of the accused, if permitted by
1512 regulations [
1513 (d) performing any other procedural function that may be performed by the military
1514 judge under this chapter or under rules [
1515 39A-5-219 and which does not require the presence of the members of the court.
1516 [
1517 may be present.
1518 (5) All other proceedings, including any other consultation of the members of the court
1519 with counsel or the military judge, shall be made a part of the record and shall be in the
1520 presence of the accused, the defense counsel, and the military judge.
1521 Section 72. Section 39A-5-217, which is renumbered from Section 39-6-38 is
1522 renumbered and amended to read:
1523 [
1524 (1) A plea of not guilty shall be entered in the record, and the court shall proceed as
1525 though the accused [
1526 (a) after arraignment, makes an irregular pleading;
1527 (b) after a plea of guilty. raises a matter inconsistent with the plea;
1528 (c) has apparently entered the plea of guilty improvidently or through lack of
1529 understanding of its meaning and effect; or
1530 (d) fails or refuses to plead.
1531 (2) (a) A plea of guilty by the accused may not be accepted to any charge or
1532 specification alleging an offense for which a determinate term of one year confinement may be
1533 imposed.
1534 (b) If a plea of guilty has been accepted by the military judge, a finding of guilty, if
1535 permitted by regulations promulgated by the governor, shall be entered immediately without
1536 vote and constitutes the finding of the court.
1537 (c) If the plea of guilty is withdrawn prior to announcement of the sentence, the
1538 proceedings shall continue as though the accused [
1539 Section 73. Section 39A-5-218, which is renumbered from Section 39-6-41 is
1540 renumbered and amended to read:
1541 [
1542 (1) A military court may punish for contempt any [
1543 menacing word, sign, or gesture in its presence, or who disturbs its proceedings by any
1544 disorderly conduct.
1545 (2) The punishment may not exceed confinement for three days in the county jail of the
1546 county where the proceedings are held, or a fine of $200, or both.
1547 Section 74. Section 39A-5-219, which is renumbered from Section 39-6-39 is
1548 renumbered and amended to read:
1549 [
1550 [
1551 obtain witnesses and other evidence under:
1552 (1) regulations promulgated by the governor[
1553 (2) the applicable rules of civil and criminal procedure; or
1554 (3) state or federal law [
1555 [
1556 [
1557
1558
1559 [
1560 [
1561
1562 [
1563 [
1564
1565 Section 75. Section 39A-5-220, which is renumbered from Section 39-6-42 is
1566 renumbered and amended to read:
1567 [
1568 (1) After charges have been signed under Section [
1569 take oral or written depositions unless the military judge hearing the case, or if the case is not
1570 being heard, an authority competent to convene a military court for the trial of [
1571 charges prohibits the depositions for good cause.
1572 (2) The party at whose instance a deposition is to be taken shall give to every other
1573 party reasonable written notice of the time and place for taking the deposition.
1574 (3) Depositions may be taken before and authenticated by any military or civil officer
1575 authorized to administer oaths under state law or the law of the jurisdiction where the
1576 deposition is to be taken [
1577 (4) An authenticated deposition, taken upon reasonable notice to the other parties, may
1578 be read in evidence, to the extent it is admissible under the rules of evidence, before any
1579 military court or any proceeding before a court of inquiry, if [
1580 (a) the witness resides or is beyond the state in which the military court or court of
1581 inquiry is ordered to sit, or beyond the distance of 100 miles from the location of the trial or
1582 hearing;
1583 (b) the witness due to death, age, illness, bodily infirmity, imprisonment, military
1584 necessity, nonamenability to process, or other reasonable cause, is unable or refuses to appear
1585 and testify in person at the location of the trial or hearing;
1586 (c) the present location of the witness is unknown; or
1587 (d) the deposition was taken in the physical presence of the accused.
1588 Section 76. Section 39A-5-221, which is renumbered from Section 39-6-43 is
1589 renumbered and amended to read:
1590 [
1591 (1) The sworn testimony of a case which is contained in the authenticated record of
1592 proceedings of a court of inquiry, of [
1593 obtained, may be read in evidence by any party before a military court if:
1594 (a) the sworn testimony is otherwise admissible under the rules of evidence;
1595 (b) the accused was a party before the court of inquiry;
1596 (c) the same issue was involved or the accused consents to the introduction of the
1597 evidence; or
1598 (d) the accused was physically present when the testimony was taken.
1599 (2) The testimony may be read in evidence:
1600 (a) before a court of inquiry or a military board; or
1601 (b) by the defense only in cases extending to the dismissal of a commissioned officer.
1602 Section 77. Section 39A-5-222, which is renumbered from Section 39-6-44 is
1603 renumbered and amended to read:
1604 [
1605 Presumption of innocence -- Reasonable doubt -- Burden of proof.
1606 [
1607
1608 [
1609 [
1610
1611 [
1612 questions arising during the proceedings.
1613 (b) A ruling made by the military judge upon a question of law or an interlocutory
1614 question, other than the factual issue of mental responsibility of the accused, is final and is the
1615 ruling of the court. However, the military judge may change the ruling at any time during the
1616 trial.
1617 [
1618 of the accused and counsel, instruct the court as to the elements of the offense and charge the
1619 court that:
1620 (a) the accused [
1621 and competent evidence beyond reasonable doubt;
1622 (b) if there is reasonable doubt as to the guilt of the accused, the doubt shall be
1623 resolved in favor of the accused, and [
1624 (c) if there is a reasonable doubt as to the degree of guilt, the finding [
1625 a lower degree, as to which there is no reasonable doubt; and
1626 (d) the burden of proof to establish the guilt of the accused beyond a reasonable doubt
1627 is on the state.
1628 (3) (a) Voting by members of a military court on the findings and on the sentence, and
1629 upon questions of challenge, are by secret written ballot.
1630 (b) The junior member of the court counts the votes.
1631 (c) The count shall be reviewed by the president, who shall immediately announce the
1632 result of the ballot to the members of the court.
1633 (4) (a) [
1634 a military judge only, [
1635 fact arising during the proceedings. If the accused is convicted, the judge imposes the sentence.
1636 (b) The military judge of a court shall make a general finding and shall [
1637 on request, find the facts specially.
1638 (c) If an opinion or memorandum of decision is filed, it is sufficient if the findings of
1639 fact are included.
1640 Section 78. Section 39A-5-223, which is renumbered from Section 39-6-45 is
1641 renumbered and amended to read:
1642 [
1643 votes.
1644 (1) [
1645 unanimous verdict of the members of the court present at the time the vote is taken.
1646 (2) [
1647 by a majority vote. [
1648 reconsider a sentence, or to decrease [
1649 indicates that the reconsideration is not opposed by the number of votes required for that
1650 finding or sentence.
1651 [
1652 (b) A tie vote on a motion for a finding of not guilty or on a motion relating to the
1653 question of the accused's sanity is a determination against the accused.
1654 (c) A tie vote on any other question is a determination in favor of the accused.
1655 Section 79. Section 39A-5-224, which is renumbered from Section 39-6-46 is
1656 renumbered and amended to read:
1657 [
1658 (1) A court shall announce its findings and sentence to the parties as soon as
1659 determined.
1660 (2) The court panel may defer sentencing pending an investigation of the background
1661 of the accused to determine a just and appropriate sentence.
1662 Section 80. Section 39A-5-225, which is renumbered from Section 39-6-52 is
1663 renumbered and amended to read:
1664 [
1665 (1) A finding or sentence of a military court may not be held incorrect on the ground of
1666 an error of law unless the error materially prejudices the substantial rights of the accused.
1667 (2) A reviewing authority with the power to approve or affirm a finding of guilty may
1668 approve or affirm that portion of the finding that includes a lesser included offense.
1669 Section 81. Section 39A-5-226, which is renumbered from Section 39-6-47 is
1670 renumbered and amended to read:
1671 [
1672 (1) (a) Each military court shall maintain a separate record of the proceedings in each
1673 case brought before it. [
1674 judge.
1675 (b) (i) If the record cannot be authenticated by the military judge due to [
1676 disability, or absence, it shall be authenticated by the signature of the trial counsel.
1677 (ii) If the trial counsel is unable to authenticate due to [
1678 absence, a member of the court panel shall authenticate the record by [
1679 (c) In a court of only a military judge, the record shall be authenticated by the court
1680 reporter under the same conditions that a member of a court would authenticate under this
1681 section[
1682 (i) if the proceedings have resulted in an acquittal of all charges and specifications; or[
1683
1684 (ii) if the proceedings are not affecting a general or flag officer, [
1685 does not [
1686 by regulations of the governor.
1687 (2) A copy of the record of the proceedings of each court shall be given to the accused
1688 as soon as it is authenticated.
1689 (3) The expense in preparing and transmitting the record shall be by regulations
1690 prescribed by the governor or the adjutant general.
1691 Section 82. Section 39A-5-227, which is renumbered from Section 39-6-53 is
1692 renumbered and amended to read:
1693 [
1694 After a trial by a military court, the record shall be forwarded to the convening
1695 authority, as the reviewing authority. Action on the record may be taken by the [
1696
1697 successor in command, or by the governor.
1698 Section 83. Section 39A-5-228, which is renumbered from Section 39-6-54 is
1699 renumbered and amended to read:
1700 [
1701 The convening authority shall refer the record of each military court to the SJA, who
1702 shall submit a written opinion to the convening authority. If the final action of the court is an
1703 acquittal of all charges and specifications, the opinion is limited to questions of jurisdiction.
1704 Section 84. Section 39A-5-229, which is renumbered from Section 39-6-55 is
1705 renumbered and amended to read:
1706 [
1707 Procedure.
1708 (1) If a specification before a military court has been dismissed on motion and the
1709 ruling does not amount to a finding of not guilty, the convening authority may return the record
1710 to the court for reconsideration of the ruling and any further appropriate action.
1711 (2) If there is an apparent error or omission in the record or the record shows improper
1712 or inconsistent action by a court martial regarding a finding or sentence, that may be rectified
1713 without material prejudice to the substantial rights of the accused, the convening authority may
1714 return the record to the court for appropriate action. However, the record may not be returned
1715 for:
1716 (a) reconsideration of a finding of not guilty of any specification, or a ruling which
1717 amounts to a finding of not guilty;
1718 (b) reconsideration of a finding of not guilty of any charge unless the record shows a
1719 finding of guilty under a specification laid under that charge, which sufficiently alleges a
1720 violation of a provision of this chapter; or
1721 (c) increasing the severity of the sentence.
1722 Section 85. Section 39A-5-230, which is renumbered from Section 39-6-56 is
1723 renumbered and amended to read:
1724 [
1725 Procedure.
1726 (1) (a) If the convening authority disapproves the findings and sentence of a military
1727 court [
1728 evidence in the record to support the findings, order a rehearing, and [
1729 for disapproval.
1730 (b) If [
1731 order a rehearing, [
1732 (2) (a) Each rehearing shall take place before a military court composed of members
1733 who are not members of the military court that [
1734 (b) At a rehearing, the accused may not be tried for any offense [
1735
1736 (3) A sentence imposed may not exceed or be more severe than the original sentence,
1737 unless based on a finding of guilty regarding an offense not considered on the merits in the
1738 original proceedings.
1739 Section 86. Section 39A-5-231, which is renumbered from Section 39-6-58 is
1740 renumbered and amended to read:
1741 [
1742 -- SJA review -- Appeal of final action.
1743 (1) When the governor is the convening authority, the governor's action on the review
1744 of a record of trial is final.
1745 (2) The state judge advocate shall review the record of trial in each case prior to final
1746 action being taken.
1747 (3) The SJA shall make a written review and recommendation on legal issues to the
1748 convening authority for [
1749 (4) In a case subject to review by the SJA under this section, the SJA shall submit an
1750 opinion regarding any errors committed during the trial and an analysis of the legal effect of the
1751 error to the convening authority prior to [
1752 regarding the findings and sentence in the case.
1753 (5) The convening authority may affirm only findings of guilty and the sentence or part
1754 of the sentence that:
1755 (a) is correct in law and fact; and
1756 (b) should be approved, based on the entire record and the advice of the SJA, and any
1757 rebuttal submitted by the accused or defense counsel.
1758 (6) In considering the record, the convening authority may weigh the evidence, judge
1759 the credibility of witnesses, and determine controverted questions of fact, recognizing that the
1760 trial court saw and heard the testimony of the witnesses.
1761 (7) If the convening authority sets aside the findings and sentence:
1762 (a) a rehearing may be ordered, except when the decision to set aside is based on a lack
1763 of sufficient evidence in the record to support the findings; or
1764 (b) if a rehearing is not ordered, the charges shall be dismissed.
1765 (8) (a) Final action approved by the convening authority may be appealed directly to
1766 the Utah Court of Appeals.
1767 (b) Notice of appeal shall be filed within 30 days after the final action has been taken
1768 by the convening authority.
1769 Section 87. Section 39A-5-232, which is renumbered from Section 39-6-59 is
1770 renumbered and amended to read:
1771 [
1772 authority.
1773 (1) Except under Sections [
1774 court sentence may be ordered executed by the convening authority when approved [
1775 unless suspended or deferred.
1776 (2) The convening authority [
1777 [
1778 (3) After [
1779 sentence.
1780 Section 88. Section 39A-5-233, which is renumbered from Section 39-6-61 is
1781 renumbered and amended to read:
1782 [
1783 suspended sentence.
1784 (1) Probation imposed as a result of a suspended sentence may be vacated by the
1785 convening authority.
1786 (2) (a) Before [
1787 may be vacated, the officer holding convening authority jurisdiction over the probationer shall
1788 hold a hearing on the alleged violation of probation.
1789 (b) The probationer shall be represented by counsel at the hearing.
1790 [
1791 jurisdiction shall be sent for action to:
1792 (i) the governor in cases involving a military court sentence of confinement[
1793 (ii) in all other cases, to the commanding officer of the [
1794 unit of which the probationer is a member[
1795 (b) If the governor or commanding officer vacates the suspension, any unexecuted part
1796 of the sentence except a dismissal shall be executed.
1797 [
1798 command in which the accused is serving or assigned that is competent to convene[
1799
1800 Section 89. Section 39A-5-234, which is renumbered from Section 39-6-62 is
1801 renumbered and amended to read:
1802 [
1803 Within 30 days after approval by the convening authority of a military court sentence,
1804 the accused may petition the convening authority for a new trial on the ground of newly
1805 discovered evidence or fraud on the court.
1806 Section 90. Section 39A-5-235, which is renumbered from Section 39-6-37 is
1807 renumbered and amended to read:
1808 [
1809 (1) [
1810 brought to trial a second time in any military or civilian court of the state for the same offense.
1811 (2) A proceeding in which an accused has been found guilty by a military court upon
1812 any charge or specification, is not a trial under this section until the finding of guilty has
1813 become final and the review of the case has been completed.
1814 (3) A proceeding that, after the introduction of evidence but before a finding, is
1815 dismissed or terminated by the convening authority or on motion of the prosecution for failure
1816 of available evidence or witnesses without any fault of the accused is a trial under this section.
1817 Section 91. Section 39A-5-236, which is renumbered from Section 39-6-63 is
1818 renumbered and amended to read:
1819 [
1820 (1) A convening authority may [
1821 unexecuted portion of the sentence, including all uncollected forfeitures.
1822 (2) The governor may for good cause shown substitute an administrative form of a
1823 discharge for a bad conduct discharge or dismissal executed under a military court sentence.
1824 Section 92. Section 39A-5-237, which is renumbered from Section 39-6-64 is
1825 renumbered and amended to read:
1826 [
1827 (1) Under rules prescribed by the governor or the adjutant general all rights, privileges,
1828 and property affected by an executed portion of a military court sentence which has been set
1829 aside or disapproved, except an executed dismissal or discharge, shall be restored unless a new
1830 trial or rehearing is ordered and the executed part is included in a sentence imposed upon the
1831 new trial or rehearing.
1832 (2) If a previously executed sentence of bad conduct discharge is not imposed in a new
1833 trial, the governor shall substitute a discharge authorized for administrative issue, unless the
1834 accused is serving the remainder of his or her enlistment.
1835 (3) (a) If a previously executed sentence of dismissal is not imposed in a new trial, the
1836 governor shall substitute a discharge authorized for administrative issue.
1837 (b) [
1838 the governor to the grade and rank [
1839 available under the applicable organization.
1840 (c) Time between the dismissal and reappointment is considered service for all
1841 purposes.
1842 Section 93. Section 39A-5-238, which is renumbered from Section 39-6-65 is
1843 renumbered and amended to read:
1844 [
1845 (1) The proceedings, findings, and sentence a military court has reviewed and approved
1846 under this chapter, and all dismissals and discharges executed under sentences by military court
1847 following review and approval under this chapter, are final and conclusive.
1848 (2) Orders publishing the proceedings of military court and all action taken pursuant to
1849 those proceedings are binding upon all departments, courts, agencies, and officers of the state,
1850 subject only to action upon a petition for new trial under Section [
1851 Section 94. Section 39A-5-239, which is renumbered from Section 39-6-107 is
1852 renumbered and amended to read:
1853 [
1854 (1) Courts of inquiry to investigate any matter may be convened by the governor or his
1855 designee, whether or not the [
1856 (2) A court of inquiry consists of three or more commissioned officers. For each court,
1857 the convening authority shall also appoint counsel for the court.
1858 (3) (a) [
1859 inquiry shall be designated as a party. [
1860 employed by the National Guard, who has a direct interest in the subject of inquiry, has the
1861 right to be designated as a party upon request to the court.
1862 (b) [
1863 right to be present, represented by counsel, to have counsel appointed, to cross examine
1864 witnesses, and to introduce evidence.
1865 (4) Members of a court of inquiry may be challenged by a party, but only for cause
1866 stated to the court.
1867 (5) The members, counsel, [
1868 take an oath or affirmation to faithfully perform [
1869 section.
1870 (6) Witnesses may be summoned to appear and testify and be examined before a court
1871 of inquiry, under the same provisions as for a military court.
1872 (7) A court of inquiry shall make findings of fact but may not express opinions or make
1873 recommendations, unless required to do so by the convening authority.
1874 (8) (a) A court of inquiry shall keep a record of [
1875 shall be authenticated by the signatures of the president and counsel for the court and
1876 forwarded to the convening authority.
1877 (b) (i) If the record cannot be authenticated by the president, it shall be signed by a
1878 member in lieu of the president.
1879 (ii) If the record cannot be authenticated by the counsel for the court, it shall be
1880 authenticated by a member in lieu of the counsel.
1881 Section 95. Section 39A-5-301, which is renumbered from Section 39-6-49 is
1882 renumbered and amended to read:
1883 [
1884 and unusual punishments -- Use of irons.
1885 (1) Punishment directed by a military court for an offense may not exceed limits
1886 prescribed under [
1887 [
1888 (2) A military court may impose upon an accused any of the following after conviction
1889 for an offense:
1890 (a) incarceration in a county jail for no longer than one year;
1891 (b) a fine of not more than $2,500;
1892 (c) forfeiture of pay of not more than $2,500;
1893 (d) detention of pay equivalent to three months' pay for a period not to exceed one
1894 year;
1895 (e) arrest in quarters for officers;
1896 (f) restriction to specified limits for enlisted members;
1897 (g) extra duty for not more than 60 consecutive days;
1898 (h) reprimand;
1899 (i) reduction of enlisted members to the lowest enlisted grade;
1900 (j) a bad conduct discharge for enlisted members;
1901 (k) dismissal for officers;
1902 (l) restitution to any individual or entity injured as a result of the accused's conduct; or
1903 (m) any combination of Subsections (2)(a) through (2)(l).
1904 (3) Cruel or unusual punishments, including flogging, branding, marking, or tattooing
1905 on the body may not be imposed by any court or inflicted upon any individual subject to this
1906 chapter.
1907 (4) Single or double irons may not be used unless necessary for safe custody.
1908 Section 96. Section 39A-5-302, which is renumbered from Section 39-6-14 is
1909 renumbered and amended to read:
1910 [
1911 (1) The governor and the adjutant general of Utah may prescribe regulations governing
1912 the administration of nonjudicial punishment. The imposition and enforcement of disciplinary
1913 punishment under this section for any act or omission is not a bar to trial by a civilian court of
1914 competent jurisdiction.
1915 (2) A service member subject to this chapter may request trial by military court in lieu
1916 of nonjudicial punishment at any time prior to imposition of nonjudicial punishment.
1917 (a) Upon receipt of a timely request for trial by military court in lieu of nonjudicial
1918 punishment, the commanding officer may grant the request, or deny the request and continue
1919 with nonjudicial punishment proceedings. If the commander denies the member's request for
1920 trial by military court, the commander may not impose limitations on personal liberty as a
1921 punishment under nonjudicial punishment proceedings. For purposes of this section,
1922 punishments imposing limitations on personal liberty include restriction to specific limited
1923 areas and extra duties.
1924 (b) Denial of a request for trial by military court in lieu of nonjudicial punishment does
1925 not create a private right of action and is not subject to judicial review.
1926 (3) Any commanding officer in the [
1927 reprimand, impose one or more of the punishments under this section without the intervention
1928 of a military court.
1929 (a) Forfeiture of pay shall be calculated based on the monthly amount a service
1930 member would receive as base pay if on active duty.
1931 (b) If a reduction of pay grade is imposed, forfeiture of pay is based on the grade to
1932 which the service member was reduced even if the reduction was suspended.
1933 (4) Punishment imposed by the governor, a general officer, or a full colonel upon
1934 officers within the general officer's or full colonel's command may include:
1935 (a) forfeiture of not more than one-half of one month's pay per month for three months;
1936 and
1937 (b) restriction to specific limited areas, with or without suspension from duty, for not
1938 more than 60 consecutive days.
1939 (5) Punishment imposed by the governor, a general officer, or a full colonel upon
1940 enlisted personnel within the general officer's or full colonel's command may include:
1941 (a) forfeiture of not more than one-half of one month's pay per month for two months;
1942 (b) reduction of one or more pay grades if the imposing commander holds promotion
1943 authority over the grade from which the enlisted [
1944 member in a pay grade above E-4 may not be reduced more than two pay grades;
1945 (c) extra duties, including fatigue or other duties, for not more than 60 consecutive
1946 days; and
1947 (d) restriction to specific limited areas, with or without suspension from duty, for not
1948 more than 60 consecutive days.
1949 (6) Punishment imposed by a commander of the grade of lieutenant colonel or major
1950 upon enlisted personnel within the lieutenant colonel's or major's command may include:
1951 (a) forfeiture of not more than one-half of one month's pay per month for two months;
1952 (b) reduction of no more than two pay grades if the imposing commander holds
1953 promotion authority over the grade from which the enlisted [
1954 (c) extra duties, including fatigue or other duties, for not more than 45 consecutive
1955 days; and
1956 (d) restriction to specific limited areas, with or without suspension of duty, for not
1957 more than 45 consecutive days.
1958 (7) Punishment imposed by a commander of the grade of captain or lieutenant upon
1959 enlisted personnel within the captain's or lieutenant's command may include:
1960 (a) forfeiture of not more than one-half of one month's pay for one month;
1961 (b) extra duties, including fatigue or other duties, for not more than 30 consecutive
1962 days;
1963 (c) restriction to specific limited areas, with or without suspension from duty, for not
1964 more than 30 consecutive days; and
1965 (d) reduction of one pay grade if the imposing commander holds promotion authority
1966 over the grade from which the enlisted [
1967 (8) Punishments of restriction to specific limited areas and extra duty may be combined
1968 to run concurrently, but the combination may not exceed the maximum duration imposable for
1969 extra duty.
1970 (9) (a) The imposing commander or a successor in command may, at any time, suspend
1971 by probation:
1972 (i) all or any part of the amount of the unexecuted punishment; and
1973 (ii) a reduction in grade or a forfeiture imposed, whether or not executed.
1974 (b) The imposing commander or a successor in command shall set the terms of
1975 probation for any suspended punishment.
1976 (c) The imposing commander or a successor in command may, at any time, [
1977 vacate or mitigate any part or amount of the unexecuted punishment. The imposing
1978 commander or a successor in command may also set aside in whole or in part the findings,
1979 punishment, or both, whether executed or unexecuted, and restore all rights, privileges, and
1980 affected property.
1981 (d) The imposing commander or a successor in command may mitigate reduction in
1982 grade to forfeiture of pay. Extra duties may be mitigated to restriction.
1983 (e) A mitigated punishment may not span a greater period of time than the original
1984 punishment.
1985 (f) When mitigating a reduction in grade to forfeiture of pay, the amount of the
1986 forfeiture may not exceed the maximum allowable forfeiture the imposing commander could
1987 have originally imposed.
1988 (10) (a) A service member punished under this section may appeal to the next superior
1989 commander in the service member's chain of command. The next superior commander shall
1990 conduct a de novo review of both the findings and punishment under procedures provided by
1991 regulation. The next superior commander may modify or set aside the findings or punishment,
1992 having the same options afforded the imposing commander as described in this section. In no
1993 case may the next superior commander increase the severity of the findings or the amount of
1994 punishment originally imposed.
1995 (b) If two levels of command exist above the imposing commander, the service
1996 member, having exhausted the service member's first level of appeal, may appeal to the next
1997 superior commander. If the matter originates with the governor, the adjutant general, or one
1998 level of command below the adjutant general, no right to a second appeal exists. The decision
1999 of the adjutant general on an appeal of nonjudicial punishment is final and is not subject to
2000 further appeal or judicial review.
2001 (c) The decision of the governor or the adjutant general to impose nonjudicial
2002 punishment upon a service member is final and is not subject to further appeal or judicial
2003 review.
2004 (d) The imposing commander shall promptly forward any appeal to the next superior
2005 commander. During the course of the appeal, the imposing commander may require the
2006 appellant to submit to the imposed punishment.
2007 (11) A superior commander shall first obtain a legal review from a judge advocate of
2008 the Utah National Guard before acting on an appeal from any of the following imposed
2009 punishments:
2010 (a) forfeiture of more than seven day's pay;
2011 (b) reduction of one or more pay grades;
2012 (c) extra duties for more than 14 days; or
2013 (d) restriction for more than 14 days.
2014 (12) Punishments imposed under this section, except forfeiture of pay, may not extend
2015 beyond the termination of the duty status of the punished individual.
2016 Section 97. Section 39A-5-303, which is renumbered from Section 39-6-110 is
2017 renumbered and amended to read:
2018 [
2019 (1) Fines imposed by a military court may be paid to [
2020 officer executing [
2021 state roll or account for pay of the delinquent and deducted from any pay or allowance due or to
2022 become due to [
2023 (2) Any sum deducted shall be turned in to the military court which imposed the fine
2024 and shall be paid by the officer receiving it under the same procedure as for fines and other
2025 money collected under a sentence of a military court.
2026 (3) A fine or penalty imposed by a military court upon an officer or enlisted [
2027 member shall be paid by the officer collecting it to the state General Fund[
2028 Section 98. Section 39A-5-304, which is renumbered from Section 39-6-50 is
2029 renumbered and amended to read:
2030 [
2031 (1) When a lawful and approved sentence of a court includes a forfeiture of pay or
2032 allowances in addition to confinement that is not suspended or deferred, the forfeiture may
2033 apply to pay or allowances becoming due on or after the date the sentence is approved by the
2034 convening authority.
2035 (2) A forfeiture may not extend to any pay or allowances [
2036 that date.
2037 Section 99. Section 39A-5-305, which is renumbered from Section 39-6-51 is
2038 renumbered and amended to read:
2039 [
2040 (1) A sentence of confinement imposed by a military court, whether or not it includes
2041 discharge or dismissal and whether or not the discharge or dismissal has been executed, may be
2042 carried into execution by confinement in any place of confinement under the control of any of
2043 the forces of the National Guard or in any [
2044 institution of the state or of any political subdivision of the state.
2045 (2) If the words "hard labor" are not included in a sentence or punishment imposed by a
2046 court martial imposing confinement, the authority executing the sentence or punishment is not
2047 prohibited from requiring hard labor as a part of the sentence or punishment.
2048 (3) The [
2049 [
2050 Section [
2051 (a) receive [
2052 individuals committed to confinement by a military court;
2053 (b) confine them according to law; and
2054 (c) receive or confine [
2055 fee or charge.
2056 Section 100. Section 39A-5-306, which is renumbered from Section 39-6-17 is
2057 renumbered and amended to read:
2058 [
2059 governor.
2060 (1) A sentence imposing dismissal or bad conduct discharge against a member of the
2061 National Guard who is not in federal service may not be executed until it is approved by the
2062 governor.
2063 (2) A discharge or dismissal may not be imposed by any military court unless a
2064 complete written record of the proceedings has been made and is available for consideration of
2065 the military court.
2066 Section 101. Section 39A-6-101, which is renumbered from Section 39-7-102 is
2067 renumbered and amended to read:
2068 [
2069 As used in this chapter:
2070 (1) "Dependent" means the spouse and children of a service member or any other
2071 [
2072 (2) "Interest" includes service charges, renewal charges, fees, or any other charges in
2073 respect to any obligation or liability.
2074 (3) "Service member" means any member of the Utah National Guard or Utah State
2075 Defense Force serving on active military service in an organized military unit.
2076 [
2077 recognized military unit called into service by the governor for at least 30 days.
2078 [
2079
2080 Section 102. Section 39A-6-102 is enacted to read:
2081 39A-6-102. Application of this chapter.
2082 (1) Military members of the National Guard or the Defense Force, when ordered to
2083 state military service by the governor have the same rights and protections as provided by
2084 federal law for activation to federal military service.
2085 (2) Proper application of this chapter shall suspend or postpone actions upon certain
2086 obligations until 60 days after discharge from active, full-time state military service.
2087 Section 103. Section 39A-6-103, which is renumbered from Section 39-7-119 is
2088 renumbered and amended to read:
2089 [
2090 The [
2091 Chapter 3, Utah Administrative Rulemaking Act, to implement this chapter.
2092 Section 104. Section 39A-6-104, which is renumbered from Section 39-7-104 is
2093 renumbered and amended to read:
2094 [
2095 (1) A default judgment rendered in any civil action against a service member during a
2096 period of state military service or within 30 days after termination of the state military service
2097 may be set aside if:
2098 (a) it appears that the [
2099 service member's state military service in making a defense to the action;
2100 (b) application by the [
2101 representative is made to the court rendering the judgment not later than 60 days after the
2102 termination of the service member's state military service; and
2103 (c) the application provides enough facts that it appears that the defendant has a
2104 meritorious or legal defense to the action or some part of the action.
2105 (2) Vacating, setting aside, or reversing any judgment because of any of the provisions
2106 of this chapter may not impair any right or title acquired by any bona fide purchaser for value
2107 under the judgment.
2108 Section 105. Section 39A-6-105, which is renumbered from Section 39-7-105 is
2109 renumbered and amended to read:
2110 [
2111 (1) If at any point during an action or proceeding it appears that a plaintiff or defendant
2112 is a service member and in the conduct of the proceedings may be adversely affected by [
2113 the service member's state military service, the court may, on its own motion, stay the
2114 proceedings.
2115 (2) The court may stay the proceedings if the service member or another [
2116 individual on [
2117 the court determines on the record that the ability of the plaintiff to pursue the action or the
2118 defendant to conduct [
2119 member's state military service.
2120 Section 106. Section 39A-6-106, which is renumbered from Section 39-7-106 is
2121 renumbered and amended to read:
2122 [
2123 (1) If compliance with the terms of a contract is stayed pursuant to this chapter, a fine
2124 or penalty may not accrue by reason of failure to comply during the period of the stay.
2125 (2) If a service member has not obtained a stay and a fine or penalty is imposed for
2126 nonperformance of an obligation, a court may relieve enforcement if the service member was in
2127 state military service when the penalty was incurred and [
2128 pay or perform was materially impaired.
2129 Section 107. Section 39A-6-107, which is renumbered from Section 39-7-107 is
2130 renumbered and amended to read:
2131 [
2132 transactions.
2133 Application by a service member in state military service for, or receipt of, a stay,
2134 postponement, or suspension under the provisions of this chapter in the payment of any fine,
2135 penalty, insurance premium, or other civil obligation or liability may not be used for any of the
2136 following:
2137 (1) a determination by any lender or other person that the service member is unable to
2138 pay any civil obligation or liability in accordance with its terms;
2139 (2) with respect to a credit transaction between a creditor and a service member:
2140 (a) a denial or revocation of credit by the creditor;
2141 (b) a change by the creditor in the terms of an existing credit arrangement; or
2142 (c) a refusal by the creditor to grant credit to the service member in substantially the
2143 amount or on substantially the terms requested; or
2144 (3) an adverse report relating to the creditworthiness of the service member by or to
2145 any person or entity engaged in the practice of assembling or evaluating consumer credit
2146 information.
2147 Section 108. Section 39A-6-108, which is renumbered from Section 39-7-108 is
2148 renumbered and amended to read:
2149 [
2150 Unless the court determines on the record that the ability of the service member to
2151 comply with the judgment or order entered or sought is not materially affected by reason of
2152 [
2153 application [
2154 member's behalf:
2155 (1) stay the execution of any judgment or order entered against the service member, as
2156 provided in this chapter; and
2157 (2) vacate or stay any attachment or garnishment of property, money, or debts in the
2158 hands of another, whether before or after judgment as provided in this chapter.
2159 Section 109. Section 39A-6-109, which is renumbered from Section 39-7-109 is
2160 renumbered and amended to read:
2161 [
2162 (1) Any stay of any action, proceeding, attachment, or execution, ordered by any court
2163 under the provisions of this chapter may be ordered for the period of state military service plus
2164 60 days after its termination or any part of that time period.
2165 (2) [
2166 the plaintiff may, with leave of the court, proceed against the others.
2167 Section 110. Section 39A-6-110, which is renumbered from Section 39-7-110 is
2168 renumbered and amended to read:
2169 [
2170 The period of state military service is not included in computing any period limited by
2171 law, rule, or order for the bringing of any action or proceeding in any court, board, bureau,
2172 commission, department, or other agency of government by or against any [
2173 in state military service or by or against [
2174 administrators, or assigns, whether the cause of action or the right or privilege to institute the
2175 action or proceeding has accrued prior to or during the period of state military service.
2176 Section 111. Section 39A-6-111, which is renumbered from Section 39-7-111 is
2177 renumbered and amended to read:
2178 [
2179 An obligation or liability bearing interest at a rate in excess of six percent per year
2180 incurred by a service member in state military service before [
2181 into state military service may not, during any part of the period of state military service, bear
2182 interest at a rate in excess of six percent per year unless, in the opinion of the court and upon
2183 application to the court by the obligee, the ability of the service member to pay interest upon
2184 the obligation or liability at a rate in excess of six percent per year is not materially affected by
2185 reason of [
2186 in [
2187 Section 112. Section 39A-6-112, which is renumbered from Section 39-7-112 is
2188 renumbered and amended to read:
2189 [
2190 Dependents of a service member in state military service are entitled to the benefits
2191 accorded to service members in state military service under the provisions of Sections
2192 [
2193 unless, in the opinion of the court, the ability of the dependents to comply with the terms of the
2194 obligation, contract, lease, or bailment has not been materially impaired by reason of the state
2195 military service of the service member upon whom the applicants are dependent.
2196 Section 113. Section 39A-6-113, which is renumbered from Section 39-7-113 is
2197 renumbered and amended to read:
2198 [
2199 (1) A landlord may not evict or take and hold property of a service member or the
2200 service member's dependents for nonpayment of rent during the period of state military service
2201 if the rent on the premises occupied by the service member or the service member's dependents
2202 is less than $2,400 per month unless a court allows it after application to the court and an order
2203 granted in an action or proceeding affecting the right of possession.
2204 (2) In any action affecting the right of possession, the court may, on its own motion,
2205 stay the proceedings for not longer than three months, or make any order the court determines
2206 to be reasonable and just under the circumstances, unless the court finds that the ability of the
2207 tenant to pay the agreed rent is not materially affected by reason of the service member's state
2208 military service.
2209 (3) When a stay is granted or other order is made by the court, the owner of the
2210 premises shall be entitled, upon application, to relief with respect to the premises similar to that
2211 granted service members in military service in Sections [
2212 39A-6-114 through 39A-6-116 to the extent and for any period as the court determines to be
2213 just and reasonable under the circumstances.
2214 (4) Any person who knowingly takes part in any eviction or distress otherwise than as
2215 provided in Subsection (1), or attempts to do so, is guilty of a class B misdemeanor.
2216 (5) The governor is empowered to order an allotment of the pay of a service member in
2217 state military service in reasonable proportion to discharge the rent of premises occupied for
2218 dwelling purposes by any dependents of the service member.
2219 Section 114. Section 39A-6-114, which is renumbered from Section 39-7-114 is
2220 renumbered and amended to read:
2221 [
2222 (1) The creditor of a service member who, prior to entry into state military service, has
2223 entered into an installment contract for the purchase of real or personal property may not
2224 terminate the contract or repossess the property for nonpayment or any breach occurring during
2225 military service without an order from a court of competent jurisdiction.
2226 (2) The court, upon application to it under this section, may, unless the court finds on
2227 the record that the ability of the service member to comply with the terms of the contract is not
2228 materially affected by reason of the service member's state military service:
2229 (a) order repayment of any prior installments or deposits as a condition of terminating
2230 the contract and resuming possession of the property;
2231 (b) order a stay of the proceedings on [
2232 service member or another [
2233 (c) make any other disposition of the case [
2234 conserve the interests of all parties.
2235 (3) Any person who knowingly repossesses property which is the subject of this section
2236 other than as provided in Subsection (1) is guilty of a class B misdemeanor.
2237 Section 115. Section 39A-6-115, which is renumbered from Section 39-7-115 is
2238 renumbered and amended to read:
2239 [
2240 (1) The creditor of a service member who[
2241 entered into a mortgage contract with the service member or the service member's dependent
2242 for the purchase of real or personal property prior to the service member's entry into state
2243 military service may not foreclose on the mortgage or repossess the property for nonpayment or
2244 any breach occurring during the service member's state military service without an order from a
2245 court of competent jurisdiction.
2246 (2) The court, upon an application [
2247 on the record that the ability of the service member to comply with the terms of the mortgage is
2248 not materially affected by reason of the service member's state military service:
2249 (a) order repayment of any prior installments or deposits as a condition of terminating
2250 the contract and resuming possession of the property;
2251 (b) order a stay of the proceedings on [
2252 service member or another [
2253 (c) make any other disposition of the case as [
2254 conserve the interests of all parties.
2255 (3) In order to come within the provisions of this section, the service member or
2256 dependent shall establish the following:
2257 (a) that relief is sought on an obligation secured by a mortgage, trust deed, or other
2258 security in the nature of a mortgage on either real or personal property;
2259 (b) that the obligation originated prior to the service member's entry into state military
2260 service;
2261 (c) that the property was owned by the service member or the service member's
2262 dependent prior to the commencement of state military service; and
2263 (d) that the property is still owned by the service member or the service member's
2264 dependent at the time relief is sought.
2265 (4) Any person who knowingly forecloses on property which is the subject of this
2266 section other than as provided in Subsection (1) is guilty of a class B misdemeanor.
2267 Section 116. Section 39A-6-116, which is renumbered from Section 39-7-116 is
2268 renumbered and amended to read:
2269 [
2270 (1) A [
2271 period of state military service or within 60 days after discharge or termination, apply to a court
2272 for relief in respect of any obligation or liability incurred by the [
2273 to [
2274 (2) The court, after appropriate notice and hearing, unless in [
2275 the ability of the applicant to comply with the terms of the obligation or liability has not been
2276 materially affected by reason of [
2277 following relief:
2278 (a) In the case of an obligation payable under its terms in installments under a contract
2279 for the purchase of real estate, or secured by a mortgage or other instrument in the nature of a
2280 mortgage upon real estate, a stay of the enforcement of the obligation during the applicant's
2281 period of state military service and, from the date of termination of the period of state military
2282 service or from the date of application if made after termination of state military service, for a
2283 period equal to the period of the remaining life of the installment contract or other instrument
2284 plus a period of time equal to the period of state military service of the applicant, or any part of
2285 the combined period, subject to payment of the balance of principal and accumulated interest
2286 due and unpaid at the date of termination of the period of state military service or from the date
2287 of application, in equal installments during the combined period at the rate of interest on the
2288 unpaid balance as is prescribed in the contract, or other instrument evidencing the obligation,
2289 for installments paid when due, and subject to any other terms as the court may consider just.
2290 (b) In the case of any other obligation or liability, a stay of the enforcement during the
2291 applicant's period of state military service and, from the date of termination of the period of
2292 state military service or from the date of application if made after termination of the period of
2293 state military service, for a period of time equal to the period of state military service of the
2294 applicant or any part of that period, subject to payment of the balance of principal and
2295 accumulated interest due and unpaid at the date of termination of the period of state military
2296 service or the date of application, in equal periodic installments during the extended period at
2297 the rate of interest prescribed for the obligation or liability, if paid when due, and subject to
2298 other terms the court considers to be reasonable and just.
2299 (3) When any court has granted a stay as provided in this section, a fine or penalty may
2300 not be accrued for failure to comply with the terms or conditions of the obligation or liability
2301 for which the stay was granted during the period the terms and conditions of the stay are
2302 complied with.
2303 Section 117. Section 39A-6-117, which is renumbered from Section 39-7-117 is
2304 renumbered and amended to read:
2305 [
2306 (1) A person may not exercise any right to foreclose or enforce any lien for storage of
2307 household goods, furniture, or personal effects of a service member in state military service
2308 during the service member's period of state military service and for 60 days after termination or
2309 discharge, except upon an order previously granted by a court upon application and a return to
2310 the court made and approved by the court. In the proceeding the court may, after hearing the
2311 matter, on its own motion, and shall, on application [
2312 military service or another [
2313 opinion of the court the ability of the service member to pay the storage charges due is not
2314 materially affected by reason of the service member's state military service:
2315 (a) stay the proceedings as provided in this chapter; or
2316 (b) make any other disposition the court considers to be equitable to conserve the
2317 interest of all the parties.
2318 (2) The enactment of the provisions of this section may not be construed in any way as
2319 affecting or limiting the scope of Section [
2320 (3) Any person who knowingly takes any action contrary to the provisions of this
2321 section, or attempts to do so, is guilty of a class B misdemeanor.
2322 Section 118. Section 39A-7-101, which is renumbered from Section 39-9-101 is
2323 renumbered and amended to read:
2324 [
2325 Program established.
2326 [
2327 [
2328 Welfare, and Recreation Program to serve members of the military, eligible dependents, and
2329 others as set out in Section [
2330 Section 119. Section 39A-7-102, which is renumbered from Section 39-9-102 is
2331 renumbered and amended to read:
2332 [
2333 For purposes of this chapter:
2334 (1) "Dependent" means the spouse or children of [
2335 use the program and facilities in accordance with Section [
2336 (2) "MWR" means morale, welfare, and recreation.
2337 (3) "MWR facility" means any Utah National Guard facility located on a Department
2338 of Defense or Utah National Guard installation or on property controlled by the Department of
2339 Defense or the Utah National Guard, the purpose of which is to enhance MWR for authorized
2340 patrons.
2341 Section 120. Section 39A-7-103, which is renumbered from Section 39-9-103 is
2342 renumbered and amended to read:
2343 [
2344 (1) Use of the MWR program and facilities is limited to:
2345 (a) active and reserve component members of the Utah National Guard and armed
2346 forces of the United States;
2347 (b) [
2348 (c) civilian employees of the Utah National Guard;
2349 (d) dependents of authorized [
2350 (e) contracted employees of the Utah National Guard while working on-site or
2351 conducting business on National Guard property; [
2352 (f) sponsored [
2353 an eligible patron as described in this section; and
2354 (g) other personnel or organizations at the discretion of the adjutant general.
2355 (2) MWR facilities include any of the following, even if the shop, building, or parcel is
2356 only partially used for MWR purposes:
2357 (a) post or base exchange;
2358 (b) canteen or service club;
2359 (c) barber shop;
2360 (d) fitness center;
2361 (e) snack bar;
2362 (f) restaurant;
2363 (g) billeting operation;
2364 (h) laundry facility;
2365 (i) range;
2366 (j) swimming pool; or
2367 (k) any other shop, building, or parcel that meets the definition of MWR facility in
2368 Section [
2369 (3) The adjutant general shall, by regulation, determine specific use priorities when
2370 MWR facilities cannot accommodate all authorized patrons.
2371 Section 121. Section 39A-7-104, which is renumbered from Section 39-9-104 is
2372 renumbered and amended to read:
2373 [
2374 (1) The adjutant general may authorize the program to:
2375 (a) contract for goods and services;
2376 (b) hire employees; and
2377 (c) receive funds from patrons in exchange for goods or services provided within the
2378 program.
2379 (2) The adjutant general is authorized to establish MWR facilities throughout the state
2380 that, in the adjutant general's judgment, are necessary for military purposes.
2381 (3) The adjutant general shall promulgate regulations to govern the operation of the
2382 program.
2383 (4) The adjutant general may appoint a director for the program.
2384 (5) The adjutant general shall establish a system of bookkeeping, accounting, and
2385 auditing procedures for the proper handling of funds derived from the program's operations.
2386 (6) The program may use State Armory Board-controlled properties, provided:
2387 (a) the use incurs no more than nominal cost to the state; or
2388 (b) any costs to the state above nominal associated with the use are reimbursed to the
2389 state by the program.
2390 Section 122. Section 39A-7-105, which is renumbered from Section 39-9-105 is
2391 renumbered and amended to read:
2392 [
2393 (1) There is created an expendable special revenue fund known as the National Guard
2394 MWR Fund.
2395 (2) The fund shall consist of:
2396 (a) all proceeds collected under this chapter;
2397 (b) donations made to the National Guard MWR Program; and
2398 (c) any appropriations to the program by the Legislature.
2399 (3) Money from the fund shall be used for the enhancement of morale, welfare, and
2400 recreation, and the administration of the program under this chapter, including paying the costs
2401 of:
2402 (a) salaries of program employees;
2403 (b) public liability insurance, when needed;
2404 (c) the adjutant general's Outreach Program;
2405 (d) the State Partnership Program; and
2406 (e) any other expenses considered necessary in furtherance of the program by the
2407 adjutant general or the adjutant general's designee.
2408 Section 123. Section 39A-8-101, which is renumbered from Section 39-10-101 is
2409 renumbered and amended to read:
2410 [
2411 Purpose.
2412 [
2413 [
2414 [
2415 defense mission;
2416 [
2417 Williams; and
2418 [
2419 practices consistent with Camp Williams's military mission.
2420 Section 124. Section 39A-8-102, which is renumbered from Section 39-10-102 is
2421 renumbered and amended to read:
2422 [
2423 Landscape.
2424 (1) The compatible use buffer area surrounding Camp Williams shall be known as the
2425 West Traverse Sentinel Landscape.
2426 (2) Lands designated by the committee established in Section [
2427 and lands acquired or encumbered through the Camp Williams Army Compatible Use Buffer
2428 (ACUB) Program shall be added to the buffer area.
2429 Section 125. Section 39A-8-103, which is renumbered from Section 39-10-103 is
2430 renumbered and amended to read:
2431 [
2432 Committee.
2433 (1) There is created the West Traverse Sentinel Landscape Coordinating Committee.
2434 (2) The committee shall be composed of the following members:
2435 (a) the adjutant general of the Utah National Guard or another senior officer appointed
2436 by the adjutant general;
2437 (b) the executive director of the Department of Veterans and Military Affairs or the
2438 director's designee;
2439 (c) a landowner, selected by the chair, who owns property within the sentinel landscape
2440 area;
2441 (d) a representative from a land conservation organization in Utah recognized as
2442 accredited under the standards and practices of the Land Trust Accreditation Commission;
2443 (e) a representative from each municipality adjacent to Camp Williams, at the
2444 discretion of the municipality;
2445 (f) one representative each from Salt Lake, Utah, and Tooele counties, at the discretion
2446 of the county governing body;
2447 (g) a representative from a nongovernmental land management organization; and
2448 (h) one member selected from a state agency that participates in land management
2449 activities.
2450 (3) Committee members shall be selected and serve in accordance with this Subsection
2451 (3).
2452 (a) The committee member representing Subsection (2)(c) shall be selected by the chair
2453 from a list of nominees presented by local officials.
2454 (b) The committee members representing Subsections (2)(d) and (g) shall be invited to
2455 participate by the chair with the approval of a majority of the committee.
2456 (c) Each incorporated municipality bordering Camp Williams shall, at its discretion no
2457 later than July 1 of each year, provide the chair with the name of the individual who will
2458 represent the municipality on the committee, as provided in Subsection (2)(e). If the
2459 municipality declines to be represented on the committee, it shall send a letter to the chair on
2460 the municipality's letterhead stating that no individual will be appointed.
2461 (d) If a county, as provided in Subsection (2)(f), declines to be represented on the
2462 committee, it shall send a letter to the chair on the county's letterhead not later than July 1 of
2463 each year stating that no individual will be appointed.
2464 (e) The committee chair shall request the appointment of members representing
2465 Subsection (2)(h) from:
2466 (i) the governor if the request is for a member from a state agency; or
2467 (ii) the mayor or governing body of a local government entity if the request is for a
2468 member from a local government agency.
2469 (4) The adjutant general or his appointee shall serve as chair of the committee.
2470 (5) The committee shall meet at the call of the chair, but not less than twice each
2471 calendar year.
2472 (6) A member may not receive compensation or benefits for the member's service but
2473 may receive per diem and travel expenses in accordance with:
2474 (a) Section 63A-3-106;
2475 (b) Section 63A-3-107; and
2476 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
2477 63A-3-107.
2478 (7) The Utah National Guard shall provide staff support for the committee.
2479 Section 126. Section 39A-8-104, which is renumbered from Section 39-10-104 is
2480 renumbered and amended to read:
2481 [
2482 (1) The committee shall:
2483 (a) identify lands to be included in the designated sentinel landscape;
2484 (b) develop strategies and recommendations to encourage landowners within the
2485 sentinel landscape to voluntarily participate in and begin or continue land uses compatible with
2486 Camp Williams's military mission; and
2487 (c) publish any policies and procedures as administrative rules in accordance with Title
2488 63G, Chapter 3, Utah Administrative Rulemaking Act.
2489 (2) In designating sentinel lands, the coordinating committee shall include all working
2490 or natural lands that the coordinating committee believes contribute to the long-term
2491 sustainability of the military missions conducted at Camp Williams.
2492 (3) The committee shall determine the appropriate level of state resources required to
2493 adequately protect Camp Williams's military mission and may apply for grants from the LeRay
2494 McAllister Critical Lands Conservation Program to aid in securing those resources.
2495 (4) In determining lands to designate, the coordinating committee shall seek input
2496 from:
2497 (a) the director of the Department of Defense Readiness and Environmental Protection
2498 Integration Program; and
2499 (b) the director of the National Guard Bureau Army Compatible Use Buffer Program,
2500 as authorized under 10 U.S.C. Sec. 2684(a).
2501 (5) The committee shall provide a written report of its activities if state funds are
2502 expended during the previous calendar year no later than July 31 annually to:
2503 (a) the governor;
2504 (b) the Government Operations Interim Committee; and
2505 (c) the Executive Appropriations Committee.
2506 Section 127. Section 39A-8-105, which is renumbered from Section 39-10-105 is
2507 renumbered and amended to read:
2508 [
2509 (1) As used in this section:
2510 (a) "Committee" means the West Traverse Sentinel Landscape Coordinating
2511 Committee created in Section [
2512 (b) "Fund" means the West Traverse Sentinel Landscape Fund.
2513 (2) There is created a restricted account within the General Fund known as the West
2514 Traverse Sentinel Landscape Fund.
2515 (3) The fund shall consist of:
2516 (a) appropriations from the Legislature; and
2517 (b) grants or donations from other public or private sources.
2518 (4) The fund shall be administered by the Utah National Guard and the committee.
2519 (5) The purpose of the fund shall be to provide:
2520 (a) matching funds for established federal funding programs concerning sentinel
2521 landscapes;
2522 (b) matching funds for local and private funding programs that assist with sentinel
2523 landscape designations;
2524 (c) incentives for landowners who voluntarily participate in land management practices
2525 that are consistent with Camp Williams's military missions;
2526 (d) sentinel landscape monitoring, community outreach, and education;
2527 (e) costs associated with due diligence and administration of purchasing land and
2528 easements; and
2529 (f) administrative costs as approved by the Utah National Guard and the committee.
2530 (6) The committee may make an appropriation request through the Utah National
2531 Guard to the Legislature for necessary funds to carry out the committee's purpose.
2532 (7) Upon appropriation, funds may only be used for landscapes that qualify under:
2533 (a) the Army Compatible Use Buffer Program guidelines or similar regulations as a
2534 federal program whose purpose is to secure landscapes that serve to buffer military
2535 installations;
2536 (b) Internal Revenue Code guidelines in 26 U.S.C. Sec. 170(h); or
2537 (c) local municipal or county guidelines established through the committee and
2538 consistent with Camp Williams's military mission.
2539 Section 128. Section 53-2a-603 is amended to read:
2540 53-2a-603. State Disaster Recovery Restricted Account.
2541 (1) (a) There is created a restricted account in the General Fund known as the "State
2542 Disaster Recovery Restricted Account."
2543 (b) The disaster recovery account consists of:
2544 (i) money deposited into the disaster recovery account in accordance with Section
2545 63J-1-314;
2546 (ii) money appropriated to the disaster recovery account by the Legislature; and
2547 (iii) any other public or private money received by the division that is:
2548 (A) given to the division for purposes consistent with this section; and
2549 (B) deposited into the disaster recovery account at the request of:
2550 (I) the division; or
2551 (II) the person or entity giving the money.
2552 (c) The Division of Finance shall deposit interest or other earnings derived from
2553 investment of account money into the General Fund.
2554 (2) Subject to being appropriated by the Legislature, money in the disaster recovery
2555 account may only be expended or committed to be expended as follows:
2556 (a) (i) subject to Section 53-2a-606, in any fiscal year the division may expend or
2557 commit to expend an amount that does not exceed $500,000, in accordance with Section
2558 53-2a-604, to fund costs to the state of emergency disaster services in response to a declared
2559 disaster;
2560 (ii) subject to Section 53-2a-606, in any fiscal year the division may expend or commit
2561 to expend an amount that exceeds $500,000, but does not exceed $3,000,000, in accordance
2562 with Section 53-2a-604, to fund costs to the state of emergency disaster services in response to
2563 a declared disaster if the division:
2564 (A) before making the expenditure or commitment to expend, obtains approval for the
2565 expenditure or commitment to expend from the governor;
2566 (B) subject to Subsection (5), provides written notice of the expenditure or
2567 commitment to expend to the speaker of the House of Representatives, the president of the
2568 Senate, the Division of Finance, the Executive Offices and Criminal Justice Appropriations
2569 Subcommittee, the Legislative Management Committee, and the Office of the Legislative
2570 Fiscal Analyst no later than 72 hours after making the expenditure or commitment to expend;
2571 and
2572 (C) makes the report required by Subsection 53-2a-606(2);
2573 (iii) subject to Section 53-2a-606, in any fiscal year the division may expend or commit
2574 to expend an amount that exceeds $3,000,000, but does not exceed $5,000,000, in accordance
2575 with Section 53-2a-604, to fund costs to the state of emergency disaster services in response to
2576 a declared disaster if, before making the expenditure or commitment to expend, the division:
2577 (A) obtains approval for the expenditure or commitment to expend from the governor;
2578 and
2579 (B) submits the expenditure or commitment to expend to the Executive Appropriations
2580 Committee in accordance with Subsection 53-2a-606(3); and
2581 (iv) in any fiscal year the division may expend or commit to expend an amount that
2582 does not exceed $150,000 to fund expenses incurred by the National Guard if:
2583 (A) in accordance with Section [
2584 service the National Guard in response to a declared disaster; and
2585 (B) the money is not used for expenses that qualify for payment as emergency disaster
2586 services;
2587 (b) money not described in Subsections (2)(a)(i), (ii), and (iii) may be expended or
2588 committed to be expended to fund costs to the state directly related to a declared disaster that
2589 are not costs related to:
2590 (i) emergency disaster services;
2591 (ii) emergency preparedness; or
2592 (iii) notwithstanding whether a county participates in the Wildland Fire Suppression
2593 Fund created in Section 65A-8-204, any fire suppression or presuppression costs that may be
2594 paid for from the Wildland Fire Suppression Fund if the county participates in the Wildland
2595 Fire Suppression Fund;
2596 (c) to fund the Local Government Emergency Response Loan Fund created in Section
2597 53-2a-607;
2598 (d) the division may provide advanced funding from the disaster recovery account to
2599 recognized agents of the state when:
2600 (i) Utah has agreed, through the division, to enact the Emergency Management
2601 Assistance Compact with another member state that has requested assistance during a declared
2602 disaster;
2603 (ii) Utah agrees to provide resources to the requesting member state;
2604 (iii) the agent of the state who represents the requested resource has no other funding
2605 source available at the time of the Emergency Management Assistance Compact request; and
2606 (iv) the disaster recovery account has a balance of funds available to be utilized while
2607 maintaining a minimum balance of $10,000,000;
2608 (e) the division may expend up to $3,200,000 during fiscal year 2019 to fund
2609 operational costs incurred by the division during fiscal year 2019; and
2610 (f) to fund up to $500,000 for the governor's emergency appropriations described in
2611 Subsection 63J-1-217(4).
2612 (3) All funding provided in advance to an agent of the state and subsequently
2613 reimbursed shall be credited to the account.
2614 (4) The state treasurer shall invest money in the disaster recovery account according to
2615 Title 51, Chapter 7, State Money Management Act.
2616 (5) (a) Except as provided in Subsections (1) and (2), the money in the disaster
2617 recovery account may not be diverted, appropriated, expended, or committed to be expended
2618 for a purpose that is not listed in this section.
2619 (b) Notwithstanding Section 63J-1-410, the Legislature may not appropriate money
2620 from the disaster recovery account to eliminate or otherwise reduce an operating deficit if the
2621 money appropriated from the disaster recovery account is expended or committed to be
2622 expended for a purpose other than one listed in this section.
2623 (c) The Legislature may not amend the purposes for which money in the disaster
2624 recovery account may be expended or committed to be expended except by the affirmative vote
2625 of two-thirds of all the members elected to each house.
2626 (6) The division:
2627 (a) shall provide the notice required by Subsection (2)(a)(ii) using the best available
2628 method under the circumstances as determined by the division; and
2629 (b) may provide the notice required by Subsection (2)(a)(ii) in electronic format.
2630 Section 129. Section 59-12-104 is amended to read:
2631 59-12-104. Exemptions.
2632 Exemptions from the taxes imposed by this chapter are as follows:
2633 (1) sales of aviation fuel, motor fuel, and special fuel subject to a Utah state excise tax
2634 under Chapter 13, Motor and Special Fuel Tax Act;
2635 (2) subject to Section 59-12-104.6, sales to the state, its institutions, and its political
2636 subdivisions; however, this exemption does not apply to sales of:
2637 (a) construction materials except:
2638 (i) construction materials purchased by or on behalf of institutions of the public
2639 education system as defined in Utah Constitution, Article X, Section 2, provided the
2640 construction materials are clearly identified and segregated and installed or converted to real
2641 property which is owned by institutions of the public education system; and
2642 (ii) construction materials purchased by the state, its institutions, or its political
2643 subdivisions which are installed or converted to real property by employees of the state, its
2644 institutions, or its political subdivisions; or
2645 (b) tangible personal property in connection with the construction, operation,
2646 maintenance, repair, or replacement of a project, as defined in Section 11-13-103, or facilities
2647 providing additional project capacity, as defined in Section 11-13-103;
2648 (3) (a) sales of an item described in Subsection (3)(b) from a vending machine if:
2649 (i) the proceeds of each sale do not exceed $1; and
2650 (ii) the seller or operator of the vending machine reports an amount equal to 150% of
2651 the cost of the item described in Subsection (3)(b) as goods consumed; and
2652 (b) Subsection (3)(a) applies to:
2653 (i) food and food ingredients; or
2654 (ii) prepared food;
2655 (4) (a) sales of the following to a commercial airline carrier for in-flight consumption:
2656 (i) alcoholic beverages;
2657 (ii) food and food ingredients; or
2658 (iii) prepared food;
2659 (b) sales of tangible personal property or a product transferred electronically:
2660 (i) to a passenger;
2661 (ii) by a commercial airline carrier; and
2662 (iii) during a flight for in-flight consumption or in-flight use by the passenger; or
2663 (c) services related to Subsection (4)(a) or (b);
2664 (5) sales of parts and equipment for installation in an aircraft operated by a common
2665 carrier in interstate or foreign commerce;
2666 (6) sales of commercials, motion picture films, prerecorded audio program tapes or
2667 records, and prerecorded video tapes by a producer, distributor, or studio to a motion picture
2668 exhibitor, distributor, or commercial television or radio broadcaster;
2669 (7) (a) except as provided in Subsection (85) and subject to Subsection (7)(b), sales of
2670 cleaning or washing of tangible personal property if the cleaning or washing of the tangible
2671 personal property is not assisted cleaning or washing of tangible personal property;
2672 (b) if a seller that sells at the same business location assisted cleaning or washing of
2673 tangible personal property and cleaning or washing of tangible personal property that is not
2674 assisted cleaning or washing of tangible personal property, the exemption described in
2675 Subsection (7)(a) applies if the seller separately accounts for the sales of the assisted cleaning
2676 or washing of the tangible personal property; and
2677 (c) for purposes of Subsection (7)(b) and in accordance with Title 63G, Chapter 3,
2678 Utah Administrative Rulemaking Act, the commission may make rules:
2679 (i) governing the circumstances under which sales are at the same business location;
2680 and
2681 (ii) establishing the procedures and requirements for a seller to separately account for
2682 sales of assisted cleaning or washing of tangible personal property;
2683 (8) sales made to or by religious or charitable institutions in the conduct of their regular
2684 religious or charitable functions and activities, if the requirements of Section 59-12-104.1 are
2685 fulfilled;
2686 (9) sales of a vehicle of a type required to be registered under the motor vehicle laws of
2687 this state if the vehicle is:
2688 (a) not registered in this state; and
2689 (b) (i) not used in this state; or
2690 (ii) used in this state:
2691 (A) if the vehicle is not used to conduct business, for a time period that does not
2692 exceed the longer of:
2693 (I) 30 days in any calendar year; or
2694 (II) the time period necessary to transport the vehicle to the borders of this state; or
2695 (B) if the vehicle is used to conduct business, for the time period necessary to transport
2696 the vehicle to the borders of this state;
2697 (10) (a) amounts paid for an item described in Subsection (10)(b) if:
2698 (i) the item is intended for human use; and
2699 (ii) (A) a prescription was issued for the item; or
2700 (B) the item was purchased by a hospital or other medical facility; and
2701 (b) (i) Subsection (10)(a) applies to:
2702 (A) a drug;
2703 (B) a syringe; or
2704 (C) a stoma supply; and
2705 (ii) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2706 commission may by rule define the terms:
2707 (A) "syringe"; or
2708 (B) "stoma supply";
2709 (11) purchases or leases exempt under Section 19-12-201;
2710 (12) (a) sales of an item described in Subsection (12)(c) served by:
2711 (i) the following if the item described in Subsection (12)(c) is not available to the
2712 general public:
2713 (A) a church; or
2714 (B) a charitable institution; or
2715 (ii) an institution of higher education if:
2716 (A) the item described in Subsection (12)(c) is not available to the general public; or
2717 (B) the item described in Subsection (12)(c) is prepaid as part of a student meal plan
2718 offered by the institution of higher education; or
2719 (b) sales of an item described in Subsection (12)(c) provided for a patient by:
2720 (i) a medical facility; or
2721 (ii) a nursing facility; and
2722 (c) Subsections (12)(a) and (b) apply to:
2723 (i) food and food ingredients;
2724 (ii) prepared food; or
2725 (iii) alcoholic beverages;
2726 (13) (a) except as provided in Subsection (13)(b), the sale of tangible personal property
2727 or a product transferred electronically by a person:
2728 (i) regardless of the number of transactions involving the sale of that tangible personal
2729 property or product transferred electronically by that person; and
2730 (ii) not regularly engaged in the business of selling that type of tangible personal
2731 property or product transferred electronically;
2732 (b) this Subsection (13) does not apply if:
2733 (i) the sale is one of a series of sales of a character to indicate that the person is
2734 regularly engaged in the business of selling that type of tangible personal property or product
2735 transferred electronically;
2736 (ii) the person holds that person out as regularly engaged in the business of selling that
2737 type of tangible personal property or product transferred electronically;
2738 (iii) the person sells an item of tangible personal property or product transferred
2739 electronically that the person purchased as a sale that is exempt under Subsection (25); or
2740 (iv) the sale is of a vehicle or vessel required to be titled or registered under the laws of
2741 this state in which case the tax is based upon:
2742 (A) the bill of sale or other written evidence of value of the vehicle or vessel being
2743 sold; or
2744 (B) in the absence of a bill of sale or other written evidence of value, the fair market
2745 value of the vehicle or vessel being sold at the time of the sale as determined by the
2746 commission; and
2747 (c) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2748 commission shall make rules establishing the circumstances under which:
2749 (i) a person is regularly engaged in the business of selling a type of tangible personal
2750 property or product transferred electronically;
2751 (ii) a sale of tangible personal property or a product transferred electronically is one of
2752 a series of sales of a character to indicate that a person is regularly engaged in the business of
2753 selling that type of tangible personal property or product transferred electronically; or
2754 (iii) a person holds that person out as regularly engaged in the business of selling a type
2755 of tangible personal property or product transferred electronically;
2756 (14) amounts paid or charged for a purchase or lease of machinery, equipment, normal
2757 operating repair or replacement parts, or materials, except for office equipment or office
2758 supplies, by:
2759 (a) a manufacturing facility that:
2760 (i) is located in the state; and
2761 (ii) uses or consumes the machinery, equipment, normal operating repair or
2762 replacement parts, or materials:
2763 (A) in the manufacturing process to manufacture an item sold as tangible personal
2764 property, as the commission may define that phrase in accordance with Title 63G, Chapter 3,
2765 Utah Administrative Rulemaking Act; or
2766 (B) for a scrap recycler, to process an item sold as tangible personal property, as the
2767 commission may define that phrase in accordance with Title 63G, Chapter 3, Utah
2768 Administrative Rulemaking Act;
2769 (b) an establishment, as the commission defines that term in accordance with Title
2770 63G, Chapter 3, Utah Administrative Rulemaking Act, that:
2771 (i) is described in NAICS Subsector 212, Mining (except Oil and Gas), or NAICS
2772 Code 213113, Support Activities for Coal Mining, 213114, Support Activities for Metal
2773 Mining, or 213115, Support Activities for Nonmetallic Minerals (except Fuels) Mining, of the
2774 2002 North American Industry Classification System of the federal Executive Office of the
2775 President, Office of Management and Budget;
2776 (ii) is located in the state; and
2777 (iii) uses or consumes the machinery, equipment, normal operating repair or
2778 replacement parts, or materials in:
2779 (A) the production process to produce an item sold as tangible personal property, as the
2780 commission may define that phrase in accordance with Title 63G, Chapter 3, Utah
2781 Administrative Rulemaking Act;
2782 (B) research and development, as the commission may define that phrase in accordance
2783 with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
2784 (C) transporting, storing, or managing tailings, overburden, or similar waste materials
2785 produced from mining;
2786 (D) developing or maintaining a road, tunnel, excavation, or similar feature used in
2787 mining; or
2788 (E) preventing, controlling, or reducing dust or other pollutants from mining; or
2789 (c) an establishment, as the commission defines that term in accordance with Title 63G,
2790 Chapter 3, Utah Administrative Rulemaking Act, that:
2791 (i) is described in NAICS Code 518112, Web Search Portals, of the 2002 North
2792 American Industry Classification System of the federal Executive Office of the President,
2793 Office of Management and Budget;
2794 (ii) is located in the state; and
2795 (iii) uses or consumes the machinery, equipment, normal operating repair or
2796 replacement parts, or materials in the operation of the web search portal;
2797 (15) (a) sales of the following if the requirements of Subsection (15)(b) are met:
2798 (i) tooling;
2799 (ii) special tooling;
2800 (iii) support equipment;
2801 (iv) special test equipment; or
2802 (v) parts used in the repairs or renovations of tooling or equipment described in
2803 Subsections (15)(a)(i) through (iv); and
2804 (b) sales of tooling, equipment, or parts described in Subsection (15)(a) are exempt if:
2805 (i) the tooling, equipment, or parts are used or consumed exclusively in the
2806 performance of any aerospace or electronics industry contract with the United States
2807 government or any subcontract under that contract; and
2808 (ii) under the terms of the contract or subcontract described in Subsection (15)(b)(i),
2809 title to the tooling, equipment, or parts is vested in the United States government as evidenced
2810 by:
2811 (A) a government identification tag placed on the tooling, equipment, or parts; or
2812 (B) listing on a government-approved property record if placing a government
2813 identification tag on the tooling, equipment, or parts is impractical;
2814 (16) sales of newspapers or newspaper subscriptions;
2815 (17) (a) except as provided in Subsection (17)(b), tangible personal property or a
2816 product transferred electronically traded in as full or part payment of the purchase price, except
2817 that for purposes of calculating sales or use tax upon vehicles not sold by a vehicle dealer,
2818 trade-ins are limited to other vehicles only, and the tax is based upon:
2819 (i) the bill of sale or other written evidence of value of the vehicle being sold and the
2820 vehicle being traded in; or
2821 (ii) in the absence of a bill of sale or other written evidence of value, the then existing
2822 fair market value of the vehicle being sold and the vehicle being traded in, as determined by the
2823 commission; and
2824 (b) Subsection (17)(a) does not apply to the following items of tangible personal
2825 property or products transferred electronically traded in as full or part payment of the purchase
2826 price:
2827 (i) money;
2828 (ii) electricity;
2829 (iii) water;
2830 (iv) gas; or
2831 (v) steam;
2832 (18) (a) (i) except as provided in Subsection (18)(b), sales of tangible personal property
2833 or a product transferred electronically used or consumed primarily and directly in farming
2834 operations, regardless of whether the tangible personal property or product transferred
2835 electronically:
2836 (A) becomes part of real estate; or
2837 (B) is installed by a farmer, contractor, or subcontractor; or
2838 (ii) sales of parts used in the repairs or renovations of tangible personal property or a
2839 product transferred electronically if the tangible personal property or product transferred
2840 electronically is exempt under Subsection (18)(a)(i); and
2841 (b) amounts paid or charged for the following are subject to the taxes imposed by this
2842 chapter:
2843 (i) (A) subject to Subsection (18)(b)(i)(B), machinery, equipment, materials, or
2844 supplies if used in a manner that is incidental to farming; and
2845 (B) tangible personal property that is considered to be used in a manner that is
2846 incidental to farming includes:
2847 (I) hand tools; or
2848 (II) maintenance and janitorial equipment and supplies;
2849 (ii) (A) subject to Subsection (18)(b)(ii)(B), tangible personal property or a product
2850 transferred electronically if the tangible personal property or product transferred electronically
2851 is used in an activity other than farming; and
2852 (B) tangible personal property or a product transferred electronically that is considered
2853 to be used in an activity other than farming includes:
2854 (I) office equipment and supplies; or
2855 (II) equipment and supplies used in:
2856 (Aa) the sale or distribution of farm products;
2857 (Bb) research; or
2858 (Cc) transportation; or
2859 (iii) a vehicle required to be registered by the laws of this state during the period
2860 ending two years after the date of the vehicle's purchase;
2861 (19) sales of hay;
2862 (20) exclusive sale during the harvest season of seasonal crops, seedling plants, or
2863 garden, farm, or other agricultural produce if the seasonal crops are, seedling plants are, or
2864 garden, farm, or other agricultural produce is sold by:
2865 (a) the producer of the seasonal crops, seedling plants, or garden, farm, or other
2866 agricultural produce;
2867 (b) an employee of the producer described in Subsection (20)(a); or
2868 (c) a member of the immediate family of the producer described in Subsection (20)(a);
2869 (21) purchases made using a coupon as defined in 7 U.S.C. Sec. 2012 that is issued
2870 under the Food Stamp Program, 7 U.S.C. Sec. 2011 et seq.;
2871 (22) sales of nonreturnable containers, nonreturnable labels, nonreturnable bags,
2872 nonreturnable shipping cases, and nonreturnable casings to a manufacturer, processor,
2873 wholesaler, or retailer for use in packaging tangible personal property to be sold by that
2874 manufacturer, processor, wholesaler, or retailer;
2875 (23) a product stored in the state for resale;
2876 (24) (a) purchases of a product if:
2877 (i) the product is:
2878 (A) purchased outside of this state;
2879 (B) brought into this state:
2880 (I) at any time after the purchase described in Subsection (24)(a)(i)(A); and
2881 (II) by a nonresident person who is not living or working in this state at the time of the
2882 purchase;
2883 (C) used for the personal use or enjoyment of the nonresident person described in
2884 Subsection (24)(a)(i)(B)(II) while that nonresident person is within the state; and
2885 (D) not used in conducting business in this state; and
2886 (ii) for:
2887 (A) a product other than a boat described in Subsection (24)(a)(ii)(B), the first use of
2888 the product for a purpose for which the product is designed occurs outside of this state;
2889 (B) a boat, the boat is registered outside of this state; or
2890 (C) a vehicle other than a vehicle sold to an authorized carrier, the vehicle is registered
2891 outside of this state;
2892 (b) the exemption provided for in Subsection (24)(a) does not apply to:
2893 (i) a lease or rental of a product; or
2894 (ii) a sale of a vehicle exempt under Subsection (33); and
2895 (c) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for
2896 purposes of Subsection (24)(a), the commission may by rule define what constitutes the
2897 following:
2898 (i) conducting business in this state if that phrase has the same meaning in this
2899 Subsection (24) as in Subsection (63);
2900 (ii) the first use of a product if that phrase has the same meaning in this Subsection (24)
2901 as in Subsection (63); or
2902 (iii) a purpose for which a product is designed if that phrase has the same meaning in
2903 this Subsection (24) as in Subsection (63);
2904 (25) a product purchased for resale in the regular course of business, either in its
2905 original form or as an ingredient or component part of a manufactured or compounded product;
2906 (26) a product upon which a sales or use tax was paid to some other state, or one of its
2907 subdivisions, except that the state shall be paid any difference between the tax paid and the tax
2908 imposed by this part and Part 2, Local Sales and Use Tax Act, and no adjustment is allowed if
2909 the tax paid was greater than the tax imposed by this part and Part 2, Local Sales and Use Tax
2910 Act;
2911 (27) any sale of a service described in Subsections 59-12-103(1)(b), (c), and (d) to a
2912 person for use in compounding a service taxable under the subsections;
2913 (28) purchases made in accordance with the special supplemental nutrition program for
2914 women, infants, and children established in 42 U.S.C. Sec. 1786;
2915 (29) sales or leases of rolls, rollers, refractory brick, electric motors, or other
2916 replacement parts used in the furnaces, mills, or ovens of a steel mill described in SIC Code
2917 3312 of the 1987 Standard Industrial Classification Manual of the federal Executive Office of
2918 the President, Office of Management and Budget;
2919 (30) sales of a boat of a type required to be registered under Title 73, Chapter 18, State
2920 Boating Act, a boat trailer, or an outboard motor if the boat, boat trailer, or outboard motor is:
2921 (a) not registered in this state; and
2922 (b) (i) not used in this state; or
2923 (ii) used in this state:
2924 (A) if the boat, boat trailer, or outboard motor is not used to conduct business, for a
2925 time period that does not exceed the longer of:
2926 (I) 30 days in any calendar year; or
2927 (II) the time period necessary to transport the boat, boat trailer, or outboard motor to
2928 the borders of this state; or
2929 (B) if the boat, boat trailer, or outboard motor is used to conduct business, for the time
2930 period necessary to transport the boat, boat trailer, or outboard motor to the borders of this
2931 state;
2932 (31) sales of aircraft manufactured in Utah;
2933 (32) amounts paid for the purchase of telecommunications service for purposes of
2934 providing telecommunications service;
2935 (33) sales, leases, or uses of the following:
2936 (a) a vehicle by an authorized carrier; or
2937 (b) tangible personal property that is installed on a vehicle:
2938 (i) sold or leased to or used by an authorized carrier; and
2939 (ii) before the vehicle is placed in service for the first time;
2940 (34) (a) 45% of the sales price of any new manufactured home; and
2941 (b) 100% of the sales price of any used manufactured home;
2942 (35) sales relating to schools and fundraising sales;
2943 (36) sales or rentals of durable medical equipment if:
2944 (a) a person presents a prescription for the durable medical equipment; and
2945 (b) the durable medical equipment is used for home use only;
2946 (37) (a) sales to a ski resort of electricity to operate a passenger ropeway as defined in
2947 Section 72-11-102; and
2948 (b) the commission shall by rule determine the method for calculating sales exempt
2949 under Subsection (37)(a) that are not separately metered and accounted for in utility billings;
2950 (38) sales to a ski resort of:
2951 (a) snowmaking equipment;
2952 (b) ski slope grooming equipment;
2953 (c) passenger ropeways as defined in Section 72-11-102; or
2954 (d) parts used in the repairs or renovations of equipment or passenger ropeways
2955 described in Subsections (38)(a) through (c);
2956 (39) subject to Subsection 59-12-103(2)(j), sales of natural gas, electricity, heat, coal,
2957 fuel oil, or other fuels for industrial use;
2958 (40) (a) subject to Subsection (40)(b), sales or rentals of the right to use or operate for
2959 amusement, entertainment, or recreation an unassisted amusement device as defined in Section
2960 59-12-102;
2961 (b) if a seller that sells or rents at the same business location the right to use or operate
2962 for amusement, entertainment, or recreation one or more unassisted amusement devices and
2963 one or more assisted amusement devices, the exemption described in Subsection (40)(a)
2964 applies if the seller separately accounts for the sales or rentals of the right to use or operate for
2965 amusement, entertainment, or recreation for the assisted amusement devices; and
2966 (c) for purposes of Subsection (40)(b) and in accordance with Title 63G, Chapter 3,
2967 Utah Administrative Rulemaking Act, the commission may make rules:
2968 (i) governing the circumstances under which sales are at the same business location;
2969 and
2970 (ii) establishing the procedures and requirements for a seller to separately account for
2971 the sales or rentals of the right to use or operate for amusement, entertainment, or recreation for
2972 assisted amusement devices;
2973 (41) (a) sales of photocopies by:
2974 (i) a governmental entity; or
2975 (ii) an entity within the state system of public education, including:
2976 (A) a school; or
2977 (B) the State Board of Education; or
2978 (b) sales of publications by a governmental entity;
2979 (42) amounts paid for admission to an athletic event at an institution of higher
2980 education that is subject to the provisions of Title IX of the Education Amendments of 1972,
2981 20 U.S.C. Sec. 1681 et seq.;
2982 (43) (a) sales made to or by:
2983 (i) an area agency on aging; or
2984 (ii) a senior citizen center owned by a county, city, or town; or
2985 (b) sales made by a senior citizen center that contracts with an area agency on aging;
2986 (44) sales or leases of semiconductor fabricating, processing, research, or development
2987 materials regardless of whether the semiconductor fabricating, processing, research, or
2988 development materials:
2989 (a) actually come into contact with a semiconductor; or
2990 (b) ultimately become incorporated into real property;
2991 (45) an amount paid by or charged to a purchaser for accommodations and services
2992 described in Subsection 59-12-103(1)(i) to the extent the amount is exempt under Section
2993 59-12-104.2;
2994 (46) the lease or use of a vehicle issued a temporary sports event registration certificate
2995 in accordance with Section 41-3-306 for the event period specified on the temporary sports
2996 event registration certificate;
2997 (47) (a) sales or uses of electricity, if the sales or uses are made under a retail tariff
2998 adopted by the Public Service Commission only for purchase of electricity produced from a
2999 new alternative energy source built after January 1, 2016, as designated in the tariff by the
3000 Public Service Commission; and
3001 (b) for a residential use customer only, the exemption under Subsection (47)(a) applies
3002 only to the portion of the tariff rate a customer pays under the tariff described in Subsection
3003 (47)(a) that exceeds the tariff rate under the tariff described in Subsection (47)(a) that the
3004 customer would have paid absent the tariff;
3005 (48) sales or rentals of mobility enhancing equipment if a person presents a
3006 prescription for the mobility enhancing equipment;
3007 (49) sales of water in a:
3008 (a) pipe;
3009 (b) conduit;
3010 (c) ditch; or
3011 (d) reservoir;
3012 (50) sales of currency or coins that constitute legal tender of a state, the United States,
3013 or a foreign nation;
3014 (51) (a) sales of an item described in Subsection (51)(b) if the item:
3015 (i) does not constitute legal tender of a state, the United States, or a foreign nation; and
3016 (ii) has a gold, silver, or platinum content of 50% or more; and
3017 (b) Subsection (51)(a) applies to a gold, silver, or platinum:
3018 (i) ingot;
3019 (ii) bar;
3020 (iii) medallion; or
3021 (iv) decorative coin;
3022 (52) amounts paid on a sale-leaseback transaction;
3023 (53) sales of a prosthetic device:
3024 (a) for use on or in a human; and
3025 (b) (i) for which a prescription is required; or
3026 (ii) if the prosthetic device is purchased by a hospital or other medical facility;
3027 (54) (a) except as provided in Subsection (54)(b), purchases, leases, or rentals of
3028 machinery or equipment by an establishment described in Subsection (54)(c) if the machinery
3029 or equipment is primarily used in the production or postproduction of the following media for
3030 commercial distribution:
3031 (i) a motion picture;
3032 (ii) a television program;
3033 (iii) a movie made for television;
3034 (iv) a music video;
3035 (v) a commercial;
3036 (vi) a documentary; or
3037 (vii) a medium similar to Subsections (54)(a)(i) through (vi) as determined by the
3038 commission by administrative rule made in accordance with Subsection (54)(d); or
3039 (b) purchases, leases, or rentals of machinery or equipment by an establishment
3040 described in Subsection (54)(c) that is used for the production or postproduction of the
3041 following are subject to the taxes imposed by this chapter:
3042 (i) a live musical performance;
3043 (ii) a live news program; or
3044 (iii) a live sporting event;
3045 (c) the following establishments listed in the 1997 North American Industry
3046 Classification System of the federal Executive Office of the President, Office of Management
3047 and Budget, apply to Subsections (54)(a) and (b):
3048 (i) NAICS Code 512110; or
3049 (ii) NAICS Code 51219; and
3050 (d) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
3051 commission may by rule:
3052 (i) prescribe what constitutes a medium similar to Subsections (54)(a)(i) through (vi);
3053 or
3054 (ii) define:
3055 (A) "commercial distribution";
3056 (B) "live musical performance";
3057 (C) "live news program"; or
3058 (D) "live sporting event";
3059 (55) (a) leases of seven or more years or purchases made on or after July 1, 2004, but
3060 on or before June 30, 2027, of tangible personal property that:
3061 (i) is leased or purchased for or by a facility that:
3062 (A) is an alternative energy electricity production facility;
3063 (B) is located in the state; and
3064 (C) (I) becomes operational on or after July 1, 2004; or
3065 (II) has its generation capacity increased by one or more megawatts on or after July 1,
3066 2004, as a result of the use of the tangible personal property;
3067 (ii) has an economic life of five or more years; and
3068 (iii) is used to make the facility or the increase in capacity of the facility described in
3069 Subsection (55)(a)(i) operational up to the point of interconnection with an existing
3070 transmission grid including:
3071 (A) a wind turbine;
3072 (B) generating equipment;
3073 (C) a control and monitoring system;
3074 (D) a power line;
3075 (E) substation equipment;
3076 (F) lighting;
3077 (G) fencing;
3078 (H) pipes; or
3079 (I) other equipment used for locating a power line or pole; and
3080 (b) this Subsection (55) does not apply to:
3081 (i) tangible personal property used in construction of:
3082 (A) a new alternative energy electricity production facility; or
3083 (B) the increase in the capacity of an alternative energy electricity production facility;
3084 (ii) contracted services required for construction and routine maintenance activities;
3085 and
3086 (iii) unless the tangible personal property is used or acquired for an increase in capacity
3087 of the facility described in Subsection (55)(a)(i)(C)(II), tangible personal property used or
3088 acquired after:
3089 (A) the alternative energy electricity production facility described in Subsection
3090 (55)(a)(i) is operational as described in Subsection (55)(a)(iii); or
3091 (B) the increased capacity described in Subsection (55)(a)(i) is operational as described
3092 in Subsection (55)(a)(iii);
3093 (56) (a) leases of seven or more years or purchases made on or after July 1, 2004, but
3094 on or before June 30, 2027, of tangible personal property that:
3095 (i) is leased or purchased for or by a facility that:
3096 (A) is a waste energy production facility;
3097 (B) is located in the state; and
3098 (C) (I) becomes operational on or after July 1, 2004; or
3099 (II) has its generation capacity increased by one or more megawatts on or after July 1,
3100 2004, as a result of the use of the tangible personal property;
3101 (ii) has an economic life of five or more years; and
3102 (iii) is used to make the facility or the increase in capacity of the facility described in
3103 Subsection (56)(a)(i) operational up to the point of interconnection with an existing
3104 transmission grid including:
3105 (A) generating equipment;
3106 (B) a control and monitoring system;
3107 (C) a power line;
3108 (D) substation equipment;
3109 (E) lighting;
3110 (F) fencing;
3111 (G) pipes; or
3112 (H) other equipment used for locating a power line or pole; and
3113 (b) this Subsection (56) does not apply to:
3114 (i) tangible personal property used in construction of:
3115 (A) a new waste energy facility; or
3116 (B) the increase in the capacity of a waste energy facility;
3117 (ii) contracted services required for construction and routine maintenance activities;
3118 and
3119 (iii) unless the tangible personal property is used or acquired for an increase in capacity
3120 described in Subsection (56)(a)(i)(C)(II), tangible personal property used or acquired after:
3121 (A) the waste energy facility described in Subsection (56)(a)(i) is operational as
3122 described in Subsection (56)(a)(iii); or
3123 (B) the increased capacity described in Subsection (56)(a)(i) is operational as described
3124 in Subsection (56)(a)(iii);
3125 (57) (a) leases of five or more years or purchases made on or after July 1, 2004, but on
3126 or before June 30, 2027, of tangible personal property that:
3127 (i) is leased or purchased for or by a facility that:
3128 (A) is located in the state;
3129 (B) produces fuel from alternative energy, including:
3130 (I) methanol; or
3131 (II) ethanol; and
3132 (C) (I) becomes operational on or after July 1, 2004; or
3133 (II) has its capacity to produce fuel increase by 25% or more on or after July 1, 2004, as
3134 a result of the installation of the tangible personal property;
3135 (ii) has an economic life of five or more years; and
3136 (iii) is installed on the facility described in Subsection (57)(a)(i);
3137 (b) this Subsection (57) does not apply to:
3138 (i) tangible personal property used in construction of:
3139 (A) a new facility described in Subsection (57)(a)(i); or
3140 (B) the increase in capacity of the facility described in Subsection (57)(a)(i); or
3141 (ii) contracted services required for construction and routine maintenance activities;
3142 and
3143 (iii) unless the tangible personal property is used or acquired for an increase in capacity
3144 described in Subsection (57)(a)(i)(C)(II), tangible personal property used or acquired after:
3145 (A) the facility described in Subsection (57)(a)(i) is operational; or
3146 (B) the increased capacity described in Subsection (57)(a)(i) is operational;
3147 (58) (a) subject to Subsection (58)(b), sales of tangible personal property or a product
3148 transferred electronically to a person within this state if that tangible personal property or
3149 product transferred electronically is subsequently shipped outside the state and incorporated
3150 pursuant to contract into and becomes a part of real property located outside of this state; and
3151 (b) the exemption under Subsection (58)(a) is not allowed to the extent that the other
3152 state or political entity to which the tangible personal property is shipped imposes a sales, use,
3153 gross receipts, or other similar transaction excise tax on the transaction against which the other
3154 state or political entity allows a credit for sales and use taxes imposed by this chapter;
3155 (59) purchases:
3156 (a) of one or more of the following items in printed or electronic format:
3157 (i) a list containing information that includes one or more:
3158 (A) names; or
3159 (B) addresses; or
3160 (ii) a database containing information that includes one or more:
3161 (A) names; or
3162 (B) addresses; and
3163 (b) used to send direct mail;
3164 (60) redemptions or repurchases of a product by a person if that product was:
3165 (a) delivered to a pawnbroker as part of a pawn transaction; and
3166 (b) redeemed or repurchased within the time period established in a written agreement
3167 between the person and the pawnbroker for redeeming or repurchasing the product;
3168 (61) (a) purchases or leases of an item described in Subsection (61)(b) if the item:
3169 (i) is purchased or leased by, or on behalf of, a telecommunications service provider;
3170 and
3171 (ii) has a useful economic life of one or more years; and
3172 (b) the following apply to Subsection (61)(a):
3173 (i) telecommunications enabling or facilitating equipment, machinery, or software;
3174 (ii) telecommunications equipment, machinery, or software required for 911 service;
3175 (iii) telecommunications maintenance or repair equipment, machinery, or software;
3176 (iv) telecommunications switching or routing equipment, machinery, or software; or
3177 (v) telecommunications transmission equipment, machinery, or software;
3178 (62) (a) beginning on July 1, 2006, and ending on June 30, 2027, purchases of tangible
3179 personal property or a product transferred electronically that are used in the research and
3180 development of alternative energy technology; and
3181 (b) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
3182 commission may, for purposes of Subsection (62)(a), make rules defining what constitutes
3183 purchases of tangible personal property or a product transferred electronically that are used in
3184 the research and development of alternative energy technology;
3185 (63) (a) purchases of tangible personal property or a product transferred electronically
3186 if:
3187 (i) the tangible personal property or product transferred electronically is:
3188 (A) purchased outside of this state;
3189 (B) brought into this state at any time after the purchase described in Subsection
3190 (63)(a)(i)(A); and
3191 (C) used in conducting business in this state; and
3192 (ii) for:
3193 (A) tangible personal property or a product transferred electronically other than the
3194 tangible personal property described in Subsection (63)(a)(ii)(B), the first use of the property
3195 for a purpose for which the property is designed occurs outside of this state; or
3196 (B) a vehicle other than a vehicle sold to an authorized carrier, the vehicle is registered
3197 outside of this state and not required to be registered in this state under Section 41-1a-202 or
3198 73-18-9 based on residency;
3199 (b) the exemption provided for in Subsection (63)(a) does not apply to:
3200 (i) a lease or rental of tangible personal property or a product transferred electronically;
3201 or
3202 (ii) a sale of a vehicle exempt under Subsection (33); and
3203 (c) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for
3204 purposes of Subsection (63)(a), the commission may by rule define what constitutes the
3205 following:
3206 (i) conducting business in this state if that phrase has the same meaning in this
3207 Subsection (63) as in Subsection (24);
3208 (ii) the first use of tangible personal property or a product transferred electronically if
3209 that phrase has the same meaning in this Subsection (63) as in Subsection (24); or
3210 (iii) a purpose for which tangible personal property or a product transferred
3211 electronically is designed if that phrase has the same meaning in this Subsection (63) as in
3212 Subsection (24);
3213 (64) sales of disposable home medical equipment or supplies if:
3214 (a) a person presents a prescription for the disposable home medical equipment or
3215 supplies;
3216 (b) the disposable home medical equipment or supplies are used exclusively by the
3217 person to whom the prescription described in Subsection (64)(a) is issued; and
3218 (c) the disposable home medical equipment and supplies are listed as eligible for
3219 payment under:
3220 (i) Title XVIII, federal Social Security Act; or
3221 (ii) the state plan for medical assistance under Title XIX, federal Social Security Act;
3222 (65) sales:
3223 (a) to a public transit district under Title 17B, Chapter 2a, Part 8, Public Transit
3224 District Act; or
3225 (b) of tangible personal property to a subcontractor of a public transit district, if the
3226 tangible personal property is:
3227 (i) clearly identified; and
3228 (ii) installed or converted to real property owned by the public transit district;
3229 (66) sales of construction materials:
3230 (a) purchased on or after July 1, 2010;
3231 (b) purchased by, on behalf of, or for the benefit of an international airport:
3232 (i) located within a county of the first class; and
3233 (ii) that has a United States customs office on its premises; and
3234 (c) if the construction materials are:
3235 (i) clearly identified;
3236 (ii) segregated; and
3237 (iii) installed or converted to real property:
3238 (A) owned or operated by the international airport described in Subsection (66)(b); and
3239 (B) located at the international airport described in Subsection (66)(b);
3240 (67) sales of construction materials:
3241 (a) purchased on or after July 1, 2008;
3242 (b) purchased by, on behalf of, or for the benefit of a new airport:
3243 (i) located within a county of the second class; and
3244 (ii) that is owned or operated by a city in which an airline as defined in Section
3245 59-2-102 is headquartered; and
3246 (c) if the construction materials are:
3247 (i) clearly identified;
3248 (ii) segregated; and
3249 (iii) installed or converted to real property:
3250 (A) owned or operated by the new airport described in Subsection (67)(b);
3251 (B) located at the new airport described in Subsection (67)(b); and
3252 (C) as part of the construction of the new airport described in Subsection (67)(b);
3253 (68) except for the tax imposed by Subsection 59-12-103(2)(d), sales of fuel to a
3254 common carrier that is a railroad for use in a locomotive engine;
3255 (69) purchases and sales described in Section 63H-4-111;
3256 (70) (a) sales of tangible personal property to an aircraft maintenance, repair, and
3257 overhaul provider for use in the maintenance, repair, overhaul, or refurbishment in this state of
3258 a fixed wing turbine powered aircraft if that fixed wing turbine powered aircraft's registration
3259 lists a state or country other than this state as the location of registry of the fixed wing turbine
3260 powered aircraft; or
3261 (b) sales of tangible personal property by an aircraft maintenance, repair, and overhaul
3262 provider in connection with the maintenance, repair, overhaul, or refurbishment in this state of
3263 a fixed wing turbine powered aircraft if that fixed wing turbine powered aircraft's registration
3264 lists a state or country other than this state as the location of registry of the fixed wing turbine
3265 powered aircraft;
3266 (71) subject to Section 59-12-104.4, sales of a textbook for a higher education course:
3267 (a) to a person admitted to an institution of higher education; and
3268 (b) by a seller, other than a bookstore owned by an institution of higher education, if
3269 51% or more of that seller's sales revenue for the previous calendar quarter are sales of a
3270 textbook for a higher education course;
3271 (72) a license fee or tax a municipality imposes in accordance with Subsection
3272 10-1-203(5) on a purchaser from a business for which the municipality provides an enhanced
3273 level of municipal services;
3274 (73) amounts paid or charged for construction materials used in the construction of a
3275 new or expanding life science research and development facility in the state, if the construction
3276 materials are:
3277 (a) clearly identified;
3278 (b) segregated; and
3279 (c) installed or converted to real property;
3280 (74) amounts paid or charged for:
3281 (a) a purchase or lease of machinery and equipment that:
3282 (i) are used in performing qualified research:
3283 (A) as defined in Section 41(d), Internal Revenue Code; and
3284 (B) in the state; and
3285 (ii) have an economic life of three or more years; and
3286 (b) normal operating repair or replacement parts:
3287 (i) for the machinery and equipment described in Subsection (74)(a); and
3288 (ii) that have an economic life of three or more years;
3289 (75) a sale or lease of tangible personal property used in the preparation of prepared
3290 food if:
3291 (a) for a sale:
3292 (i) the ownership of the seller and the ownership of the purchaser are identical; and
3293 (ii) the seller or the purchaser paid a tax under this chapter on the purchase of that
3294 tangible personal property prior to making the sale; or
3295 (b) for a lease:
3296 (i) the ownership of the lessor and the ownership of the lessee are identical; and
3297 (ii) the lessor or the lessee paid a tax under this chapter on the purchase of that tangible
3298 personal property prior to making the lease;
3299 (76) (a) purchases of machinery or equipment if:
3300 (i) the purchaser is an establishment described in NAICS Subsector 713, Amusement,
3301 Gambling, and Recreation Industries, of the 2012 North American Industry Classification
3302 System of the federal Executive Office of the President, Office of Management and Budget;
3303 (ii) the machinery or equipment:
3304 (A) has an economic life of three or more years; and
3305 (B) is used by one or more persons who pay admission or user fees described in
3306 Subsection 59-12-103(1)(f) to the purchaser of the machinery and equipment; and
3307 (iii) 51% or more of the purchaser's sales revenue for the previous calendar quarter is:
3308 (A) amounts paid or charged as admission or user fees described in Subsection
3309 59-12-103(1)(f); and
3310 (B) subject to taxation under this chapter; and
3311 (b) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
3312 commission may make rules for verifying that 51% of a purchaser's sales revenue for the
3313 previous calendar quarter is:
3314 (i) amounts paid or charged as admission or user fees described in Subsection
3315 59-12-103(1)(f); and
3316 (ii) subject to taxation under this chapter;
3317 (77) purchases of a short-term lodging consumable by a business that provides
3318 accommodations and services described in Subsection 59-12-103(1)(i);
3319 (78) amounts paid or charged to access a database:
3320 (a) if the primary purpose for accessing the database is to view or retrieve information
3321 from the database; and
3322 (b) not including amounts paid or charged for a:
3323 (i) digital audio work;
3324 (ii) digital audio-visual work; or
3325 (iii) digital book;
3326 (79) amounts paid or charged for a purchase or lease made by an electronic financial
3327 payment service, of:
3328 (a) machinery and equipment that:
3329 (i) are used in the operation of the electronic financial payment service; and
3330 (ii) have an economic life of three or more years; and
3331 (b) normal operating repair or replacement parts that:
3332 (i) are used in the operation of the electronic financial payment service; and
3333 (ii) have an economic life of three or more years;
3334 (80) sales of a fuel cell as defined in Section 54-15-102;
3335 (81) amounts paid or charged for a purchase or lease of tangible personal property or a
3336 product transferred electronically if the tangible personal property or product transferred
3337 electronically:
3338 (a) is stored, used, or consumed in the state; and
3339 (b) is temporarily brought into the state from another state:
3340 (i) during a disaster period as defined in Section 53-2a-1202;
3341 (ii) by an out-of-state business as defined in Section 53-2a-1202;
3342 (iii) for a declared state disaster or emergency as defined in Section 53-2a-1202; and
3343 (iv) for disaster- or emergency-related work as defined in Section 53-2a-1202;
3344 (82) sales of goods and services at a morale, welfare, and recreation facility, as defined
3345 in Section [
3346 State Morale, Welfare, and Recreation Program;
3347 (83) amounts paid or charged for a purchase or lease of molten magnesium;
3348 (84) amounts paid or charged for a purchase or lease made by a qualifying data center
3349 or an occupant of a qualifying data center of machinery, equipment, or normal operating repair
3350 or replacement parts, if the machinery, equipment, or normal operating repair or replacement
3351 parts:
3352 (a) are used in:
3353 (i) the operation of the qualifying data center; or
3354 (ii) the occupant's operations in the qualifying data center; and
3355 (b) have an economic life of one or more years;
3356 (85) sales of cleaning or washing of a vehicle, except for cleaning or washing of a
3357 vehicle that includes cleaning or washing of the interior of the vehicle;
3358 (86) amounts paid or charged for a purchase or lease of machinery, equipment, normal
3359 operating repair or replacement parts, catalysts, chemicals, reagents, solutions, or supplies used
3360 or consumed:
3361 (a) by a refiner who owns, leases, operates, controls, or supervises a refinery as defined
3362 in Section 79-6-701 located in the state;
3363 (b) if the machinery, equipment, normal operating repair or replacement parts,
3364 catalysts, chemicals, reagents, solutions, or supplies are used or consumed in:
3365 (i) the production process to produce gasoline or diesel fuel, or at which blendstock is
3366 added to gasoline or diesel fuel;
3367 (ii) research and development;
3368 (iii) transporting, storing, or managing raw materials, work in process, finished
3369 products, and waste materials produced from refining gasoline or diesel fuel, or adding
3370 blendstock to gasoline or diesel fuel;
3371 (iv) developing or maintaining a road, tunnel, excavation, or similar feature used in
3372 refining; or
3373 (v) preventing, controlling, or reducing pollutants from refining; and
3374 (c) if the person holds a valid refiner tax exemption certification as defined in Section
3375 79-6-701;
3376 (87) amounts paid to or charged by a proprietor for accommodations and services, as
3377 defined in Section 63H-1-205, if the proprietor is subject to the MIDA accommodations tax
3378 imposed under Section 63H-1-205;
3379 (88) amounts paid or charged for a purchase or lease of machinery, equipment, normal
3380 operating repair or replacement parts, or materials, except for office equipment or office
3381 supplies, by an establishment, as the commission defines that term in accordance with Title
3382 63G, Chapter 3, Utah Administrative Rulemaking Act, that:
3383 (a) is described in NAICS Code 621511, Medical Laboratories, of the 2017 North
3384 American Industry Classification System of the federal Executive Office of the President,
3385 Office of Management and Budget;
3386 (b) is located in this state; and
3387 (c) uses the machinery, equipment, normal operating repair or replacement parts, or
3388 materials in the operation of the establishment; and
3389 (89) amounts paid or charged for an item exempt under Section 59-12-104.10.
3390 Section 130. Section 76-5-102.4 is amended to read:
3391 76-5-102.4. Assault against peace officer or a military servicemember in uniform
3392 -- Penalties.
3393 (1) As used in this section:
3394 (a) "Assault" means the same as that term is defined in Section 76-5-102.
3395 (b) "Military servicemember in uniform" means:
3396 (i) a member of any branch of the United States military who is wearing a uniform as
3397 authorized by the member's branch of service; or
3398 (ii) a member of the National Guard serving as provided in Section [
3399 39A-3-103.
3400 (c) "Peace officer" means:
3401 (i) a law enforcement officer certified under Section 53-13-103;
3402 (ii) a correctional officer under Section 53-13-104;
3403 (iii) a special function officer under Section 53-13-105; or
3404 (iv) a federal officer under Section 53-13-106.
3405 (d) "Threat of violence" means the same as that term is defined in Section 76-5-107.
3406 (2) A person is guilty of a class A misdemeanor, except as provided in Subsections (3)
3407 and (4), who:
3408 (a) commits an assault or threat of violence against a peace officer, with knowledge that
3409 the person is a peace officer, and when the peace officer is acting within the scope of authority
3410 as a peace officer; or
3411 (b) commits an assault or threat of violence against a military servicemember in
3412 uniform when that servicemember is on orders and acting within the scope of authority granted
3413 to the military servicemember in uniform.
3414 (3) A person who violates Subsection (2) is guilty of a third degree felony if the
3415 person:
3416 (a) has been previously convicted of a class A misdemeanor or a felony violation of
3417 this section; or
3418 (b) the person causes substantial bodily injury.
3419 (4) A person who violates Subsection (2) is guilty of a second degree felony if the
3420 person uses:
3421 (a) a dangerous weapon as defined in Section 76-1-601; or
3422 (b) other means or force likely to produce death or serious bodily injury.
3423 (5) A person who violates this section shall serve, in jail or another correctional
3424 facility, a minimum of:
3425 (a) 90 consecutive days for a second offense; and
3426 (b) 180 consecutive days for each subsequent offense.
3427 (6) The court may suspend the imposition or execution of the sentence required under
3428 Subsection (5) if the court finds that the interests of justice would be best served by the
3429 suspension and the court makes specific findings concerning the disposition on the record.
3430 (7) This section does not affect or limit any individual's constitutional right to the
3431 lawful expression of free speech, the right of assembly, or any other recognized rights secured
3432 by the Constitution or laws of Utah or by the Constitution or laws of the United States.
3433 Section 131. Section 78B-20-302 is amended to read:
3434 78B-20-302. Proceeding for temporary custody -- Order.
3435 (1) After a deploying parent receives notice of deployment and until the deployment
3436 terminates, a court may issue a temporary order granting custodial responsibility unless
3437 prohibited by Section [
3438 U.S.C. Appendix Sections 521 and 522. A court may not issue a permanent order granting
3439 custodial responsibility without the consent of the deploying parent.
3440 (2) At any time after a deploying parent receives notice of deployment, either parent
3441 may file a motion regarding custodial responsibility of a child during deployment. The motion
3442 shall be filed in a pending proceeding for custodial responsibility in a court with jurisdiction
3443 under Section 78B-20-104 or, if there is no pending proceeding in a court with jurisdiction
3444 under Section 78B-20-104, in a new action for granting custodial responsibility during
3445 deployment.
3446 Section 132. Section 78B-20-311 is amended to read:
3447 78B-20-311. Modifying or terminating grant of custodial responsibility to
3448 nonparent.
3449 (1) Except for an order under Section 78B-20-305, except as otherwise provided in
3450 Subsection (2), and consistent with Section [
3451 Civil Relief Act, 50 U.S.C. Appendix Sections 521 and 522, on motion of a deploying parent,
3452 other parent, or any nonparent to whom caretaking authority, decision-making authority, or
3453 limited contact has been granted, the court may modify or terminate the grant if the
3454 modification or termination is consistent with this part and it is in the best interest of the child.
3455 A modification is temporary and terminates pursuant to Part 4, Return from Deployment, after
3456 the deploying parent returns from deployment, unless the grant has been terminated before that
3457 time by court order.
3458 (2) On motion of a deploying parent, the court shall terminate a grant of limited
3459 contact.
3460 Section 133. Repealer.
3461 This bill repeals:
3462 Section 39-1-2, Militia divided into two parts.
3463 Section 39-1-4, Staff of commander in chief.
3464 Section 39-1-5, Governor may call guard into active service -- Authority.
3465 Section 39-1-7, Muster of unorganized militia.
3466 Section 39-1-10, Unorganized militia in service, how governed.
3467 Section 39-1-12.5, Convening authority for military court.
3468 Section 39-1-13, Adjutant general -- As disbursing and property officer.
3469 Section 39-1-14, Adjutant general -- Drawing vouchers for property damage.
3470 Section 39-1-15, Adjutant general -- Disposition of unserviceable property.
3471 Section 39-1-16, Adjutant general -- Rendering accounts.
3472 Section 39-1-17, Adjutant general -- Custodian of military trophies.
3473 Section 39-1-18, Director of joint staff -- Assistant adjutant general for the army --
3474 Assistant adjutant general for air -- Commander, land component command -- Chief of
3475 staff for air -- Officer for permanent duty as personnel officer.
3476 Section 39-1-19, Clerical assistance.
3477 Section 39-1-21, Adjutant general -- Salary.
3478 Section 39-1-22, Caretakers.
3479 Section 39-1-24, Duties of assistant adjutants general.
3480 Section 39-1-25, Property and fiscal officer of the United States for Utah.
3481 Section 39-1-26, Assistant quartermaster-general.
3482 Section 39-1-28, Loss of property -- Liability.
3483 Section 39-1-29, Organization of National Guard controlled by federal law.
3484 Section 39-1-30, Officers of National Guard -- Commissions.
3485 Section 39-1-31, Commissions to officers -- Relative rank.
3486 Section 39-1-32, National Guard -- Enlistment -- Qualifications -- Discharge.
3487 Section 39-1-33, Noncommissioned officers.
3488 Section 39-1-34, Excuse from drill -- Furloughs and leaves of absence.
3489 Section 39-1-35, State employees in National Guard -- Care of dependents when
3490 called into service.
3491 Section 39-1-37, Military duties.
3492 Section 39-1-38, Regulations and forms.
3493 Section 39-1-38.5, Utah Manual for Military Courts to be issued -- Military court
3494 jurisdiction.
3495 Section 39-1-39, Orders for duty -- How served.
3496 Section 39-1-41, Discharge or dismissal.
3497 Section 39-1-44, Members of military courts exempt from liability.
3498 Section 39-1-45, Jurisdiction presumed.
3499 Section 39-1-46, Arsenal -- Military supplies -- Loss.
3500 Section 39-1-52, Encampments.
3501 Section 39-1-53, Military units not to leave state.
3502 Section 39-1-54, Privilege from arrest or citation -- Exceptions.
3503 Section 39-1-56, Execution of a judgment imposing a fine -- Disposition of fines.
3504 Section 39-1-58, Vacating officer commissions -- Placement of officers in reserves.
3505 Section 39-1-60, Laws and regulations of United States control.
3506 Section 39-1-62, Group life insurance for members of National Guard.
3507 Section 39-2-7, Budget -- Annual legislative approval.
3508 Section 39-4-2, Governor to prescribe rules and regulations.
3509 Section 39-4-6, Forces of another state in fresh pursuit may make arrests.
3510 Section 39-4-13, Short title.
3511 Section 39-5-1, Power of governor to execute.
3512 Section 39-5-2, Form of compact.
3513 Section 39-5-3, Owner of property free from liability for injuries to persons or
3514 property during actual, impending, or mock attack.
3515 Section 39-6-18, Convening military court.
3516 Section 39-6-21, Military court -- Duties of convening authority.
3517 Section 39-6-36, Desertion or absence without leave and other offenses -- Time
3518 limit on trial -- Tolling of time limits.
3519 Section 39-6-48, Cruel and unusual punishments -- Use of irons.
3520 Section 39-6-57, Convening authority -- Approval of findings and sentence.
3521 Section 39-6-111, Action by military court -- Protection from prosecution.
3522 Section 39-6-112, Presumption of military court jurisdiction.
3523 Section 39-6-113, Jurisdiction over offenses.
3524 Section 39-7-101, Short title.
3525 Section 39-7-103, Application of this chapter.
3526 Section 39-8-101, Definitions.
3527 Section 39-8-102, Counseling program.
3528 Section 39-9-106, Risk management.
3529 Section 39-9-107, Equipment rentals and sales of food and beverage.