Representative Val L. Peterson proposes the following substitute bill:


1     
TITLE 39A - NATIONAL GUARD AND MILITIA ACT

2     
2022 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Val L. Peterson

5     
Senate Sponsor: David G. Buxton

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, 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26          ▸     removes outdated language and provisions; and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          31A-22-508, as enacted by Laws of Utah 1985, Chapter 242
35          53-2a-603, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 20
36          59-12-104, as last amended by Laws of Utah 2021, Chapters 280 and 367
37          76-5-102.4, as last amended by Laws of Utah 2017, Chapters 62 and 123
38          78B-20-302, as enacted by Laws of Utah 2016, Chapter 292
39          78B-20-311, as enacted by Laws of Utah 2016, Chapter 292
40     ENACTS:
41          39A-1-101, Utah Code Annotated 1953
42          39A-1-102, Utah Code Annotated 1953
43          39A-1-203, Utah Code Annotated 1953
44          39A-2-104, Utah Code Annotated 1953
45          39A-3-101, Utah Code Annotated 1953
46          39A-3-104, Utah Code Annotated 1953
47          39A-3-105, Utah Code Annotated 1953
48          39A-3-106, Utah Code Annotated 1953
49          39A-3-109, Utah Code Annotated 1953
50          39A-5-201, Utah Code Annotated 1953
51          39A-6-102, Utah Code Annotated 1953
52     RENUMBERS AND AMENDS:
53          39A-1-201, (Renumbered from 39-1-12, as last amended by Laws of Utah 2018,
54     Chapter 131)
55          39A-1-202, (Renumbered from 39-1-23, Utah Code Annotated 1953)
56          39A-2-101, (Renumbered from 39-2-1, as last amended by Laws of Utah 2010, Chapter

57     286)
58          39A-2-102, (Renumbered from 39-2-2, as last amended by Laws of Utah 2021, Chapter
59     89)
60          39A-2-103, (Renumbered from 39-2-9, Utah Code Annotated 1953)
61          39A-3-102, (Renumbered from 39-1-3, as last amended by Laws of Utah 2018, Chapter
62     131)
63          39A-3-103, (Renumbered from 39-1-9, as last amended by Laws of Utah 1988, Chapter
64     210)
65          39A-3-107, (Renumbered from 39-1-51, as last amended by Laws of Utah 2021,
66     Chapter 123)
67          39A-3-108, (Renumbered from 39-1-47, Utah Code Annotated 1953)
68          39A-3-110, (Renumbered from 39-1-40.5, as last amended by Laws of Utah 2015,
69     Chapter 70)
70          39A-3-111, (Renumbered from 39-1-50, as last amended by Laws of Utah 2013,
71     Chapter 237)
72          39A-3-201, (Renumbered from 39-1-63, as last amended by Laws of Utah 2015,
73     Chapter 65)
74          39A-3-202, (Renumbered from 39-1-65, as enacted by Laws of Utah 2019, Chapter
75     299)
76          39A-3-203, (Renumbered from 39-1-59, as repealed and reenacted by Laws of Utah
77     2016, Chapter 96)
78          39A-3-204, (Renumbered from 39-1-59.5, as enacted by Laws of Utah 2016, Chapter
79     96)
80          39A-4-101, (Renumbered from 39-1-1, as last amended by Laws of Utah 2018, Chapter
81     131)
82          39A-4-102, (Renumbered from 39-4-1, as last amended by Laws of Utah 1988, Chapter
83     210)
84          39A-4-103, (Renumbered from 39-4-9, Utah Code Annotated 1953)
85          39A-4-104, (Renumbered from 39-4-11, as last amended by Laws of Utah 1988,
86     Chapter 210)
87          39A-4-105, (Renumbered from 39-4-10, as last amended by Laws of Utah 1988,

88     Chapter 210)
89          39A-4-106, (Renumbered from 39-4-3, as last amended by Laws of Utah 1988, Chapter
90     210)
91          39A-4-107, (Renumbered from 39-4-8, Utah Code Annotated 1953)
92          39A-4-108, (Renumbered from 39-4-5, Utah Code Annotated 1953)
93          39A-4-109, (Renumbered from 39-4-12, as last amended by Laws of Utah 1988,
94     Chapter 210)
95          39A-4-110, (Renumbered from 39-4-7, Utah Code Annotated 1953)
96          39A-4-111, (Renumbered from 39-4-4, Utah Code Annotated 1953)
97          39A-4-112, (Renumbered from 39-1-8, Utah Code Annotated 1953)
98          39A-5-101, (Renumbered from 39-6-1, as last amended by Laws of Utah 2015, Chapter
99     70)
100          39A-5-102, (Renumbered from 39-6-2, as last amended by Laws of Utah 2015,
101     Chapters 70 and 83)
102          39A-5-103, (Renumbered from 39-6-6, as last amended by Laws of Utah 2008, Chapter
103     287)
104          39A-5-104, (Renumbered from 39-6-3, as enacted by Laws of Utah 1988, Chapter 210)
105          39A-5-105, (Renumbered from 39-6-5, as enacted by Laws of Utah 1988, Chapter 210)
106          39A-5-106, (Renumbered from 39-6-40, as last amended by Laws of Utah 1988,
107     Second Special Session, Chapter 9)
108          39A-5-107, (Renumbered from 39-6-7, as last amended by Laws of Utah 1989, Chapter
109     15)
110          39A-5-108, (Renumbered from 39-6-8, as enacted by Laws of Utah 1988, Chapter 210)
111          39A-5-109, (Renumbered from 39-6-4, as last amended by Laws of Utah 2018, Chapter
112     131)
113          39A-5-110, (Renumbered from 39-6-9, as enacted by Laws of Utah 1988, Chapter 210)
114          39A-5-111, (Renumbered from 39-6-10, as last amended by Laws of Utah 1989,
115     Chapter 15)
116          39A-5-112, (Renumbered from 39-6-11, as last amended by Laws of Utah 1988,
117     Second Special Session, Chapter 9)
118          39A-5-113, (Renumbered from 39-6-12, as enacted by Laws of Utah 1988, Chapter

119     210)
120          39A-5-114, (Renumbered from 39-6-23, as enacted by Laws of Utah 1988, Chapter
121     210)
122          39A-5-115, (Renumbered from 39-6-24, as enacted by Laws of Utah 1988, Chapter
123     210)
124          39A-5-116, (Renumbered from 39-6-26, as enacted by Laws of Utah 1988, Chapter
125     210)
126          39A-5-117, (Renumbered from 39-6-27, as last amended by Laws of Utah 2008,
127     Chapter 287)
128          39A-5-118, (Renumbered from 39-6-28, as enacted by Laws of Utah 1988, Chapter
129     210)
130          39A-5-119, (Renumbered from 39-6-114, as repealed and reenacted by Laws of Utah
131     2018, Chapter 131)
132          39A-5-202, (Renumbered from 39-6-15, as last amended by Laws of Utah 2015,
133     Chapter 70)
134          39A-5-203, (Renumbered from 39-6-16, as enacted by Laws of Utah 1988, Chapter
135     210)
136          39A-5-204, (Renumbered from 39-6-109, as enacted by Laws of Utah 1988, Chapter
137     210)
138          39A-5-205, (Renumbered from 39-6-108, as enacted by Laws of Utah 1988, Chapter
139     210)
140          39A-5-206, (Renumbered from 39-6-20, as last amended by Laws of Utah 2008,
141     Chapter 287)
142          39A-5-207, (Renumbered from 39-1-41.5, as last amended by Laws of Utah 1996,
143     Chapter 198)
144          39A-5-208, (Renumbered from 39-6-19, as last amended by Laws of Utah 1989,
145     Chapter 15)
146          39A-5-209, (Renumbered from 39-6-30, as enacted by Laws of Utah 1988, Chapter
147     210)
148          39A-5-210, (Renumbered from 39-6-31, as last amended by Laws of Utah 1993,
149     Chapter 110)

150          39A-5-211, (Renumbered from 39-6-29, as enacted by Laws of Utah 1988, Chapter
151     210)
152          39A-5-212, (Renumbered from 39-6-35, as enacted by Laws of Utah 1988, Chapter
153     210)
154          39A-5-213, (Renumbered from 39-6-34, as enacted by Laws of Utah 1988, Chapter
155     210)
156          39A-5-214, (Renumbered from 39-6-22, as last amended by Laws of Utah 1989,
157     Chapter 15)
158          39A-5-215, (Renumbered from 39-6-33, as last amended by Laws of Utah 1989,
159     Chapter 15)
160          39A-5-216, (Renumbered from 39-6-32, as enacted by Laws of Utah 1988, Chapter
161     210)
162          39A-5-217, (Renumbered from 39-6-38, as enacted by Laws of Utah 1988, Chapter
163     210)
164          39A-5-218, (Renumbered from 39-6-41, as enacted by Laws of Utah 1988, Chapter
165     210)
166          39A-5-219, (Renumbered from 39-6-39, as enacted by Laws of Utah 1988, Chapter
167     210)
168          39A-5-220, (Renumbered from 39-6-42, as last amended by Laws of Utah 1989,
169     Chapter 15)
170          39A-5-221, (Renumbered from 39-6-43, as enacted by Laws of Utah 1988, Chapter
171     210)
172          39A-5-222, (Renumbered from 39-6-44, as enacted by Laws of Utah 1988, Chapter
173     210)
174          39A-5-223, (Renumbered from 39-6-45, as last amended by Laws of Utah 1989,
175     Chapter 15)
176          39A-5-224, (Renumbered from 39-6-46, as enacted by Laws of Utah 1988, Chapter
177     210)
178          39A-5-225, (Renumbered from 39-6-52, as enacted by Laws of Utah 1988, Chapter
179     210)
180          39A-5-226, (Renumbered from 39-6-47, as enacted by Laws of Utah 1988, Chapter

181     210)
182          39A-5-227, (Renumbered from 39-6-53, as enacted by Laws of Utah 1988, Chapter
183     210)
184          39A-5-228, (Renumbered from 39-6-54, as last amended by Laws of Utah 2008,
185     Chapter 287)
186          39A-5-229, (Renumbered from 39-6-55, as last amended by Laws of Utah 1989,
187     Chapter 15)
188          39A-5-230, (Renumbered from 39-6-56, as last amended by Laws of Utah 1989,
189     Chapter 15)
190          39A-5-231, (Renumbered from 39-6-58, as last amended by Laws of Utah 2008,
191     Chapter 287)
192          39A-5-232, (Renumbered from 39-6-59, as enacted by Laws of Utah 1988, Chapter
193     210)
194          39A-5-233, (Renumbered from 39-6-61, as last amended by Laws of Utah 1994,
195     Chapter 12)
196          39A-5-234, (Renumbered from 39-6-62, as last amended by Laws of Utah 1989,
197     Chapter 15)
198          39A-5-235, (Renumbered from 39-6-37, as enacted by Laws of Utah 1988, Chapter
199     210)
200          39A-5-236, (Renumbered from 39-6-63, as enacted by Laws of Utah 1988, Chapter
201     210)
202          39A-5-237, (Renumbered from 39-6-64, as last amended by Laws of Utah 1988,
203     Second Special Session, Chapter 9)
204          39A-5-238, (Renumbered from 39-6-65, as last amended by Laws of Utah 1988,
205     Second Special Session, Chapter 9)
206          39A-5-239, (Renumbered from 39-6-107, as last amended by Laws of Utah 1993,
207     Chapter 110)
208          39A-5-301, (Renumbered from 39-6-49, as last amended by Laws of Utah 1989,
209     Chapter 15)
210          39A-5-302, (Renumbered from 39-6-14, as repealed and reenacted by Laws of Utah
211     2012, Chapter 60)

212          39A-5-303, (Renumbered from 39-6-110, as enacted by Laws of Utah 1988, Chapter
213     210)
214          39A-5-304, (Renumbered from 39-6-50, as enacted by Laws of Utah 1988, Chapter
215     210)
216          39A-5-305, (Renumbered from 39-6-51, as last amended by Laws of Utah 1988,
217     Second Special Session, Chapter 9)
218          39A-5-306, (Renumbered from 39-6-17, as last amended by Laws of Utah 1989,
219     Chapter 15)
220          39A-6-101, (Renumbered from 39-7-102, as enacted by Laws of Utah 1997, Chapter
221     306)
222          39A-6-103, (Renumbered from 39-7-119, as last amended by Laws of Utah 2008,
223     Chapter 382)
224          39A-6-104, (Renumbered from 39-7-104, as enacted by Laws of Utah 1997, Chapter
225     306)
226          39A-6-105, (Renumbered from 39-7-105, as enacted by Laws of Utah 1997, Chapter
227     306)
228          39A-6-106, (Renumbered from 39-7-106, as enacted by Laws of Utah 1997, Chapter
229     306)
230          39A-6-107, (Renumbered from 39-7-107, as enacted by Laws of Utah 1997, Chapter
231     306)
232          39A-6-108, (Renumbered from 39-7-108, as enacted by Laws of Utah 1997, Chapter
233     306)
234          39A-6-109, (Renumbered from 39-7-109, as enacted by Laws of Utah 1997, Chapter
235     306)
236          39A-6-110, (Renumbered from 39-7-110, as enacted by Laws of Utah 1997, Chapter
237     306)
238          39A-6-111, (Renumbered from 39-7-111, as enacted by Laws of Utah 1997, Chapter
239     306)
240          39A-6-112, (Renumbered from 39-7-112, as enacted by Laws of Utah 1997, Chapter
241     306)
242          39A-6-113, (Renumbered from 39-7-113, as last amended by Laws of Utah 2018,

243     Chapter 148)
244          39A-6-114, (Renumbered from 39-7-114, as last amended by Laws of Utah 2018,
245     Chapter 148)
246          39A-6-115, (Renumbered from 39-7-115, as last amended by Laws of Utah 2018,
247     Chapter 148)
248          39A-6-116, (Renumbered from 39-7-116, as enacted by Laws of Utah 1997, Chapter
249     306)
250          39A-6-117, (Renumbered from 39-7-117, as last amended by Laws of Utah 2018,
251     Chapter 148)
252          39A-7-101, (Renumbered from 39-9-101, as enacted by Laws of Utah 2014, Chapter
253     122)
254          39A-7-102, (Renumbered from 39-9-102, as enacted by Laws of Utah 2014, Chapter
255     122)
256          39A-7-103, (Renumbered from 39-9-103, as enacted by Laws of Utah 2014, Chapter
257     122)
258          39A-7-104, (Renumbered from 39-9-104, as enacted by Laws of Utah 2014, Chapter
259     122)
260          39A-7-105, (Renumbered from 39-9-105, as enacted by Laws of Utah 2014, Chapter
261     122)
262          39A-8-101, (Renumbered from 39-10-101, as enacted by Laws of Utah 2018, Chapter
263     216)
264          39A-8-102, (Renumbered from 39-10-102, as enacted by Laws of Utah 2018, Chapter
265     216)
266          39A-8-103, (Renumbered from 39-10-103, as enacted by Laws of Utah 2018, Chapter
267     216)
268          39A-8-104, (Renumbered from 39-10-104, as enacted by Laws of Utah 2018, Chapter
269     216)
270          39A-8-105, (Renumbered from 39-10-105, as last amended by Laws of Utah 2021,
271     Chapter 89)
272     REPEALS:
273          39-1-2, as last amended by Laws of Utah 2005, Chapter 65

274          39-1-4, as last amended by Laws of Utah 2005, Chapter 65
275          39-1-5, as last amended by Laws of Utah 1988, Chapter 210
276          39-1-7, Utah Code Annotated 1953
277          39-1-10, Utah Code Annotated 1953
278          39-1-12.5, as last amended by Laws of Utah 1993, Chapter 110
279          39-1-13, as last amended by Laws of Utah 1989, Chapter 22
280          39-1-14, Utah Code Annotated 1953
281          39-1-15, as last amended by Laws of Utah 2009, Chapter 388
282          39-1-16, Utah Code Annotated 1953
283          39-1-17, Utah Code Annotated 1953
284          39-1-18, as last amended by Laws of Utah 2015, Chapter 83
285          39-1-19, Utah Code Annotated 1953
286          39-1-21, as last amended by Laws of Utah 2012, Chapter 369
287          39-1-22, Utah Code Annotated 1953
288          39-1-24, as last amended by Laws of Utah 2012, Chapter 215
289          39-1-25, as last amended by Laws of Utah 2011, Chapter 336
290          39-1-26, Utah Code Annotated 1953
291          39-1-28, as last amended by Laws of Utah 1963, Chapter 61
292          39-1-29, Utah Code Annotated 1953
293          39-1-30, as last amended by Laws of Utah 1989, Chapter 22
294          39-1-31, as last amended by Laws of Utah 1963, Chapter 61
295          39-1-32, as last amended by Laws of Utah 2015, Chapter 83
296          39-1-33, as last amended by Laws of Utah 1963, Chapter 61
297          39-1-34, as last amended by Laws of Utah 1963, Chapter 61
298          39-1-35, as last amended by Laws of Utah 1981, Chapter 174
299          39-1-37, Utah Code Annotated 1953
300          39-1-38, as last amended by Laws of Utah 1988, Chapter 210
301          39-1-38.5, as last amended by Laws of Utah 1996, Chapter 198
302          39-1-39, as last amended by Laws of Utah 1989, Chapter 15
303          39-1-41, as last amended by Laws of Utah 2008, Chapter 287
304          39-1-44, Utah Code Annotated 1953

305          39-1-45, Utah Code Annotated 1953
306          39-1-46, as last amended by Laws of Utah 1953, Chapter 63
307          39-1-52, as last amended by Laws of Utah 1963, Chapter 61
308          39-1-53, as last amended by Laws of Utah 2018, Chapter 148
309          39-1-54, as last amended by Laws of Utah 2015, Chapter 391
310          39-1-56, as last amended by Laws of Utah 1989, Chapter 15
311          39-1-58, as last amended by Laws of Utah 2004, Chapter 359
312          39-1-60, as last amended by Laws of Utah 1988, Second Special Session, Chapter 9
313          39-1-62, as last amended by Laws of Utah 1983, Chapter 179
314          39-2-7, as last amended by Laws of Utah 1989, Chapter 22
315          39-4-2, Utah Code Annotated 1953
316          39-4-6, Utah Code Annotated 1953
317          39-4-13, as last amended by Laws of Utah 1988, Chapter 210
318          39-5-1, as last amended by Laws of Utah 1997, Chapter 211
319          39-5-2, as last amended by Laws of Utah 2013, Chapter 295
320          39-5-3, as enacted by Laws of Utah 1955, Chapter 130
321          39-6-18, as enacted by Laws of Utah 1988, Chapter 210
322          39-6-21, as enacted by Laws of Utah 1988, Chapter 210
323          39-6-36, as last amended by Laws of Utah 2014, Chapter 189
324          39-6-48, as enacted by Laws of Utah 1988, Chapter 210
325          39-6-57, as enacted by Laws of Utah 1988, Chapter 210
326          39-6-111, as enacted by Laws of Utah 1988, Chapter 210
327          39-6-112, as enacted by Laws of Utah 1988, Chapter 210
328          39-6-113, as last amended by Laws of Utah 2018, Chapter 131
329          39-7-101, as enacted by Laws of Utah 1997, Chapter 306
330          39-7-103, as enacted by Laws of Utah 1997, Chapter 306
331          39-8-101, as enacted by Laws of Utah 2006, Chapter 333
332          39-8-102, as enacted by Laws of Utah 2006, Chapter 333
333          39-9-106, as enacted by Laws of Utah 2014, Chapter 122
334          39-9-107, as enacted by Laws of Utah 2014, Chapter 122
335     


336     Be it enacted by the Legislature of the state of Utah:
337          Section 1. Section 31A-22-508 is amended to read:
338          31A-22-508. National Guard groups.
339          (1) A policy of group life insurance may be issued [on the lives of members of the Utah
340     National Guard under Section 39-1-62] to a group comprised solely of members of the Utah
341     National Guard if the group policy is issued to an association of members.
342          (2) The association is the policyholder to insure members of the Utah National Guard
343     for the benefit of persons other than the association or any of its officials.
344          (3) The premium for the policy shall be paid by the policyholder, either from the
345     association's own funds, or from charges collected from the insured members specifically for
346     the insurance.
347          Section 2. Section 39A-1-101 is enacted to read:
348     
TITLE 39A. NATIONAL GUARD AND MILITIA ACT

349     
CHAPTER 1. ADMINISTRATION

350     
Part 1. General Provisions

351          39A-1-101. National Guard and Militia Act.
352          This title governs the Utah National Guard and unorganized militia in accordance with
353     Utah Constitution Article XV.
354          Section 3. Section 39A-1-102 is enacted to read:
355          39A-1-102. Definitions.
356          As used in this title:
357          (1) "Adjutant general" means the commanding general of the Utah National Guard as
358     appointed by the governor under Section 39A-1-201.
359          (2) "National Guard" means the Utah National Guard created in Section 39A-3-101
360     and in accordance with Utah Constitution Article XV.
361          (3) "Utah State Defense Force" or "Defense Force" means the unorganized militia as
362     structured in Chapter 4 of this title.
363          Section 4. Section 39A-1-201, which is renumbered from Section 39-1-12 is
364     renumbered and amended to read:
365     
Part 2. Adjutant General

366          [39-1-12].      39A-1-201. Adjutant general -- Appointment -- Term --

367     Qualifications.
368          (1) There shall be one adjutant general of the National Guard appointed by the
369     governor.
370          (2) The adjutant general is the commanding general of the Utah National Guard and the
371     Utah State Defense Force and holds office for a term of six years, unless terminated by
372     resignation, disability, age, in accordance with Subsection (6), or for cause [as determined by a
373     military court or court-martial].
374          [(2)] (3) The [person] individual appointed to the office shall:
375          (a) be a citizen of Utah and meet the requirements provided in Title 32, United States
376     Code;
377          (b) be a federally recognized commissioned officer, with the rank of colonel or higher,
378     of the National Guard of the United States with no fewer than five years commissioned service
379     in the Utah National Guard; and
380          (c) as determined by the governor, have sufficient knowledge and experience to
381     command the Utah National Guard.
382          [(3)] (4) Active service in the armed forces of the United States may be included in the
383     requirement in Subsection [(2)] (3)(b), if the officer was a member of the Utah National Guard
384     when the officer entered that service.
385          (5) The adjutant general shall establish a succession plan consistent with Section
386     53-2a-804 to ensure the continuity of command.
387          [(4)] (6) An officer is no longer eligible to hold the office of adjutant general after
388     attaining [66] the age of 64 years [of age].
389          (7) The adjutant general shall ensure the readiness, training, discipline, and operations
390     of the National Guard.
391          Section 5. Section 39A-1-202, which is renumbered from Section 39-1-23 is
392     renumbered and amended to read:
393          [39-1-23].      39A-1-202. Seal of adjutant general.
394          The seal of the adjutant general shall be circular in form, containing an inner circle[;].
395     [within] Within the inner circle shall be a shield with "Utah" impressed [thereon] on the shield,
396     and between the circles shall be impressed "National Guard, Adjutant General."
397          Section 6. Section 39A-1-203 is enacted to read:

398          39A-1-203. Director of joint staff -- Assistant adjutants general -- Chief of staff
399     for the air force.
400          (1) There is authorized an assistant adjutant general for the Army, an assistant adjutant
401     general for the Air Force, a chief of staff for the Air Force, and a director of joint staff.
402          (2) The adjutant general, with the approval of the governor, may appoint assistant
403     adjutant generals, a chief of staff for the Air Force, and a director of joint staff with pay from
404     the state.
405          (3) The assistant adjutants general, the chief of staff for the Air Force, and the director
406     of joint staff shall be at least a federally recognized field grade commissioned officer of the
407     Utah National Guard with not less than five years military service in the armed forces of a state
408     or of the United States, at least three of which shall have been commissioned in the Utah
409     National Guard. The officers shall hold office at the pleasure of the adjutant general.
410          (4) The adjutant general may detail an officer without the required commissioned
411     service in the Utah National Guard to a position in this section only with the written approval
412     of the governor.
413          Section 7. Section 39A-2-101, which is renumbered from Section 39-2-1 is
414     renumbered and amended to read:
415     
CHAPTER 2. STATE ARMORY BOARD

416          [39-2-1].      39A-2-101. State Armory Board -- Creation -- Members -- A body
417     corporate -- Powers -- Expenses.
418          (1) [(a) The State Armory Board shall consist of] There is created a three member State
419     Armory Board with the following members:
420          (a) the governor[, the chair of the State Building Board,];
421          (b) the executive director of the Department of Government Operations; and
422          (c) the adjutant general of the Utah National Guard, appointed in accordance with
423     Section 39A-3-102.
424          [(b) It shall be] (2) The board is a body corporate with perpetual succession[.] and the
425     board's property is exempt from all taxes and assessments.
426          [(c) It] (3) The board may:
427          (a) have and use a common seal[, and under the name aforesaid may];
428          (b) sue and be sued[, and];

429          (c) contract and be contracted with[.];
430          (d) [It may] take and hold by purchase, gift, devise, grant, or bequest real and personal
431     property required for [its] the board's use[.]; and
432          (e) [It may also] convert property received by gift, devise, or bequest, and not suitable
433     for [its] the board's uses, into other property [so] as available, or into money.
434          [(2)] (4) The board shall have power to:
435          (a) borrow money for the purpose of [erecting arsenals and armories] providing
436     facilities, ranges, and training lands upon the sole credit of the real property to which [it] the
437     board has [the] legal title; and
438          (b) may secure [such] the loans by mortgage upon [such] the property[:].
439          [(i) the] (5) The mortgaged property shall be the sole security for [such] any loan[;
440     and].
441          [(ii) no] (6) A deficiency judgment [shall] may not be made, rendered, or entered
442     against the board upon the foreclosure of [the] a mortgage[;], provided[, however,] that
443     property in one city [shall] may not be mortgaged for the purpose of obtaining money for the
444     erection of armories in any other place. [Said board shall be deemed a public corporation, and
445     its property shall be exempt from all taxes and assessments.]
446          [(3)] (7) A member may not receive compensation or benefits for the member's service,
447     but may receive per diem and travel expenses in accordance with:
448          (a) Section 63A-3-106;
449          (b) Section 63A-3-107; and
450          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
451     63A-3-107.
452          Section 8. Section 39A-2-102, which is renumbered from Section 39-2-2 is
453     renumbered and amended to read:
454          [39-2-2].      39A-2-102. Responsibilities of State Armory Board.
455          (1) The board shall supervise and control [the armories and arsenals] all facilities,
456     ranges, training lands, and all real property held or acquired for the military purposes of the
457     state.
458          (2) The board may:
459          (a) provide suitable [armories and arsenals] facilities, ranges, and training lands for the

460     different organizations of the National Guard;
461          (b) lease [buildings for armory and arsenal purposes] real property throughout the state
462     wherever necessary for the use of organizations of the National Guard and for the storage of
463     state and government property at a rental that the board considers reasonable;
464          (c) erect [armories and arsenals] facilities and ranges at places within the state that it
465     considers necessary upon lands to which it has acquired the legal title;
466          (d) expend military funds to acquire legal title to lands and to construct [armories and
467     arsenals] facilities and ranges;
468          (e) sell and lease property that the board holds under Subsection (1) for purposes
469     consistent with the mission of the Utah National Guard; and
470          (f) conduct meetings and take official action in person or as necessary via electronic
471     means, including telephone or video teleconferencing, or a combination of these methods.
472          (3) (a) Subject to Subsection (3)(b), the board may take options for the purchase of any
473     premises under lease to the state for [armory and arsenal] National Guard purposes:
474          (i) at any time during the life of the lease; and
475          (ii) when the purchase is in the state's interest.
476          (b) An option is not binding upon the board until it is approved by the Legislature.
477          (4) (a) Before legally binding the state to sell or lease any [armory, army premises, or
478     other] real property owned by the National Guard, the board shall submit a description of the
479     proposed sale to the Legislative Management Committee for its review and recommendations.
480          (b) Before legally binding the state to purchase any interest in real property, the board
481     shall submit a description of the proposed sale to the Legislative Management Committee for
482     its review and recommendations.
483          (c) The Legislative Management Committee shall review each proposal and may[:]
484     approve or disapprove the sale.
485          [(i) recommend that the board complete the purchase or sale; or]
486          [(ii) recommend that the board not complete the purchase or sale.]
487          (5) The proceeds from the sales and leases of [armories and army] real property
488     authorized by this section shall be appropriated to the State Armory Board to be applied toward
489     the acquisition and sale of real property, and the construction of new armories.
490          (6) Funds may be deposited into a public treasury investment fund to earn interest until

491     use.
492          Section 9. Section 39A-2-103, which is renumbered from Section 39-2-9 is
493     renumbered and amended to read:
494          [39-2-9].      39A-2-103. Political subdivisions and state agencies may assist in
495     erecting facilities.
496          [The board of commissioners and city councils of cities shall have power to] Any
497     political subdivision or state agency may appropriate from any funds [of the city] available for
498     general purposes [such sums as they may deem expedient for the purpose of assisting] funds to
499     assist the State Armory Board in the [erection of armories within their respective cities, and for
500     the] acquisition, construction, and maintenance of [armories located and maintained therein,
501     and in all cities where waterworks and an electric light plant are owned by the city the water
502     and electric light used in armories maintained therein may at the discretion of the city be
503     furnished without cost] Utah National Guard facilities and infrastructure.
504          Section 10. Section 39A-2-104 is enacted to read:
505          39A-2-104. Use of armories by veterans organizations permitted.
506          Federally chartered veterans organizations have the right to the use of armories owned
507     or leased by the state at no charge, provided that the use does not interfere with the mission of
508     the Utah National Guard as determined by the adjutant general.
509          Section 11. Section 39A-3-101 is enacted to read:
510     
CHAPTER 3. UTAH NATIONAL GUARD

511     
Part 1. National Guard

512          39A-3-101. Utah National Guard -- Creation.
513          (1) There is created the Department of the Utah National Guard.
514          (2) The Utah National Guard is commanded by an adjutant general and consists of the
515     following:
516          (a) the joint force headquarters;
517          (b) the Utah Army National Guard, commanded by an assistant adjutant general for the
518     Army;
519          (c) the Utah Air National Guard, commanded by an assistant adjutant general for the
520     Air Force; and
521          (d) the Utah State Defense Force as organized in Title 39A, Chapter 4, Utah State

522     Defense Force.
523          (3) The numerical strength, composition, distribution, organization, arms, uniforms,
524     equipment, training, and discipline of the National Guard shall be prescribed by the governor in
525     conformity with the laws and regulations of the United States and the laws of this state.
526          (4) The location of units including headquarters, when not otherwise prescribed by
527     federal law, shall be fixed by the governor on the recommendation of the adjutant general.
528          Section 12. Section 39A-3-102, which is renumbered from Section 39-1-3 is
529     renumbered and amended to read:
530          [39-1-3].      39A-3-102. Governor commander in chief -- Powers and duties.
531          (1) The governor by virtue of the governor's office shall be commander in chief of the
532     Utah National Guard [and of the unorganized militia, and of any portions of the unorganized
533     militia which may be organized].
534          (2) The governor:
535          (a) is authorized to issue all orders, rules and regulations necessary to conform the
536     Utah National Guard to Title 32 of the United States Code in its organization, government,
537     discipline, maintenance, training, equipment, and regulations;
538          (b) shall appoint and commission all officers and select all warrant officers, subject to
539     the provisions of Title 32 of the United State Code; [provided, that any appointee failing to
540     receive federal recognition after having been notified by the National Guard Bureau shall revert
541     to status occupied before the appointment;]
542          [(c) shall determine and fix the home station and location of the various units of the
543     Utah National Guard;]
544          [(d)] (c) shall provide [armories, warehouses, maintenance and repair shops, hangars,
545     small arms, artillery and aircraft ranges, campsites, concentration areas, training facilities,
546     military reservations and arsenals] facilities, ranges, and training lands as required for
547     [organizations of] the Utah National Guard; and
548          [(e) shall furnish suitable offices, or office space for regular army personnel assigned to
549     duties with the Utah National Guard, the expenses of which may be paid out of the state
550     military appropriations.]
551          (d) may order the National Guard into active service as necessary.
552          (3) Notwithstanding Subsection (2)(b), an appointee who fails to receive federal

553     recognition after being notified by the National Guard of the appointment shall revert to the
554     status occupied before the appointment.
555          Section 13. Section 39A-3-103, which is renumbered from Section 39-1-9 is
556     renumbered and amended to read:
557          [39-1-9].      39A-3-103. National Guard subject to call by United States.
558          (1) The National Guard [of this state] is at all times subject to the call of the President
559     of the United States.
560          (2) When called into the service of the United States, [it] the National Guard is
561     governed by the applicable laws and military regulations of the United States.
562          [(2)] (3) The National Guard and its members shall attend [drills, encampments, and
563     maneuvers as the president directs] military training as required.
564          Section 14. Section 39A-3-104 is enacted to read:
565          39A-3-104. Service members -- Appointment and promotion.
566          (1) All officers of the National Guard shall be appointed by the governor and receive a
567     state commission.
568          (2) The power of appointment may be delegated to the adjutant general, and further
569     delegated as the adjutant general considers necessary.
570          (3) Appointments are subject to approval as prescribed by the laws of the United States
571     or related rules or regulations governing the National Guard.
572          (4) The appointment, promotion, and withdrawal of a federal commission shall be
573     made in a manner consistent with all applicable federal policies, rules, instructions, or
574     regulations.
575          (5) The withdrawal of a state commission shall be made in accordance with National
576     Guard regulations in effect at the time of consideration for the withdrawal.
577          (6) The appointment, promotion, and reduction of enlisted personnel shall be made in a
578     manner consistent with all applicable federal policies, rules, instructions, or regulations.
579          Section 15. Section 39A-3-105 is enacted to read:
580          39A-3-105. General officer salary and benefits.
581          (1) Full-time, state employed general officers or officers appointed to a general officer
582     position shall receive a salary that makes the total federal and state compensation at least
583     commensurate with the pay and allowances for their military grade or assigned position, time

584     in grade, and time in service as established in the United States Department of Defense Finance
585     and Accounting Services annual pay and allowances chart.
586          (2) General officers appointed to state employment shall receive the benefits and
587     protections in Section 39-1-36 for the term of the appointment.
588          Section 16. Section 39A-3-106 is enacted to read:
589          39A-3-106. State active duty orders.
590          (1) Orders for state duty may be oral or written.
591          (2) Written orders shall be issued by the governor or the adjutant general.
592          (3) An oral order may be delivered by an officer or noncommissioned officer.
593          Section 17. Section 39A-3-107, which is renumbered from Section 39-1-51 is
594     renumbered and amended to read:
595          [39-1-51].      39A-3-107. Pay and benefits of National Guard members on state
596     active duty.
597          (1) When called into the service of the state and not in the service of the United States,
598     the members of the National Guard shall:
599          (a) receive at least the same pay and allowance as members of the regular [army] Army
600     or regular [air force] Air Force of like [rank and length of] pay grade and time in service; and
601          (b) elect to:
602          (i) receive medical, dental, disability, or death benefits equal to those received by
603     full-time, permanent state employees; or
604          (ii) maintain any medical, dental, disability, or death benefits already in place[; and].
605          [(c) receive one ration per day.]
606          (2) The state may not make payments to members of the National Guard for service for
607     which the United States government makes payment.
608          Section 18. Section 39A-3-108, which is renumbered from Section 39-1-47 is
609     renumbered and amended to read:
610          [39-1-47].      39A-3-108. Military property exempt from civil process.
611          [All military] Military property issued to or owned by members of the National Guard
612     [shall be] is exempt from all civil process.
613          Section 19. Section 39A-3-109 is enacted to read:
614          39A-3-109. Loss of property -- Liability.

615          (1) When Utah National Guard federal property is destroyed, damaged, or lost due to
616     the failure of a service member to perform the duties required by law or regulation, the adjutant
617     general may assess financial liability to the service member.
618          (2) Within established law and regulation, the adjutant general may require the service
619     member to reimburse the federal government for all or part of the loss, whether the service
620     member is in federal status, state status, or off duty.
621          Section 20. Section 39A-3-110, which is renumbered from Section 39-1-40.5 is
622     renumbered and amended to read:
623          [39-1-40.5].      39A-3-110. Utah Code of Military Justice -- Procedures --
624     Jurisdiction.
625          (1) [Title 39, Chapter 6, Utah Code of Military Justice] Title 39A, Chapter 5, is
626     adopted as the Utah Code of Military Justice[, which may also be referred to as the UtCMJ].
627          (2) The [UtCMJ] Utah Code of Military Justice sets forth offenses which, if committed
628     by personnel of the Utah National Guard serving under this title or Title 32, United States
629     Code, are punishable as [the Utah Military Court] a military court directs [under regulations
630     made and published under the UtCMJ] in accordance with Chapter 5, Part 2, Military Courts
631     and Part 3, Military Punishments.
632          (3) [The Utah Military Court is a court of the state, convened under orders issued by
633     the governor or the adjutant general.] Judges of [the] a military court may issue summons,
634     executions, and other process. The process shall be served by county sheriffs, at the expense of
635     the state.
636          (4) Judgments for fines or forfeitures may be docketed in the same manner as district
637     court judgments in each county, and without costs.
638          (5) Appeals shall be taken to the Court of Appeals.
639          (6) Sentences of [the Utah Military Court] a military court shall be served in a county
640     jail. Costs incurred by the county shall be paid out of the General Fund of the state.
641          (7) Certification as counsel for prosecution or defense, or as a judge of [the Utah
642     Military Court] a military court, is under orders issued by the adjutant general, and is limited to
643     attorneys who are members of the Utah State Bar and are serving as judge advocates in the
644     Utah National Guard.
645          (8) A [defendant] service member may retain, at no cost to the state or National Guard,

646     civilian counsel to represent [him] the service member before [the Utah Military Court] a
647     military court.
648          (9) [The Utah Military Court] A military court may impose fines not exceeding $2,500,
649     restitution to victims, statutory surcharges, and may issue all writs and judgments for the
650     execution of any [of them] processes.
651          (10) When consistent with the Utah Manual for Military Courts, the Utah Rules of
652     Criminal Procedure apply [in Utah Military Courts].
653          Section 21. Section 39A-3-111, which is renumbered from Section 39-1-50 is
654     renumbered and amended to read:
655          [39-1-50].      39A-3-111. Military court -- Concurrent prosecutorial jurisdiction
656     with county or district attorney.
657          (1) The county attorney or district attorney, as appropriate under Sections 17-18a-202
658     and 17-18a-203, of the county where an offense under the Utah Code of Military Justice is
659     committed has concurrent jurisdiction with [the Utah Military Court] a military court to
660     prosecute the accused [person] individual at the expense of the county.
661          (2) Charges regarding the offense may not be filed in a military court until the
662     appropriate county attorney or district attorney has reviewed and declined to prosecute the
663     offense.
664          Section 22. Section 39A-3-201, which is renumbered from Section 39-1-63 is
665     renumbered and amended to read:
666     
Part 2. Service Member Benefits

667          [39-1-63].      39A-3-201. Tuition and fees assistance for Utah National Guard
668     members -- Use and allocation -- Appropriation.
669          (1) (a) As used in this section, "fees" means general course fees, in addition to tuition,
670     that are:
671          (i) imposed by an institution of higher education; and
672          (ii) required to be paid by a student to engage in a course of study at the institution of
673     higher education.
674          (b) "Fees" does not include a special course fee.
675          (2) The Utah National Guard may provide tuition and fees assistance to a member of
676     the Utah National Guard for study at an institution of higher education, subject to the following

677     requirements:
678          (a) the individual [must] shall be, at the time the individual receives the assistance, an
679     active member of the Utah National Guard; and
680          (b) the assistance is for tuition and fees only and may not be more than the resident
681     tuition and fees for the actual course of postsecondary study engaged in by the individual.
682          (3) (a) Tuition and fees assistance shall be awarded [for each academic year] as the
683     adjutant general considers necessary.
684          (b) An individual may apply to the adjutant general of the state for assistance for each
685     year during which the individual is an active member of the Utah National Guard.
686          [(c) In awarding assistance, the adjutant general shall consider the recruitment and
687     retention needs of the Utah National Guard.]
688          (c) The adjutant general may recoup funds if a recipient fails to meet the requirements
689     of the program.
690          (4) The adjutant general of the state shall pay [the] tuition and fees assistance directly
691     to [an] the institution of higher education from the funds appropriated.
692          (5) The adjutant general of the state shall establish regulations, procedures, forms, and
693     reports necessary to administer the allocation of assistance and payment of funds under this
694     section.
695          [(6) The adjutant general of the state shall include a request each year for funds for this
696     program in the annual budget for the Utah National Guard.]
697          [(7) An individual who transfers from the Select Reserve to the Utah National Guard is
698     not eligible for the tuition and fees assistance in this section for one year from the date of
699     transfer.]
700          (6) The adjutant general may use no more than 10% of the funds for administration of
701     the program as the adjutant general considers necessary.
702          Section 23. Section 39A-3-202, which is renumbered from Section 39-1-65 is
703     renumbered and amended to read:
704          [39-1-65].      39A-3-202. Pay and care of soldiers and airmen disabled while on
705     state active duty.
706          (1) (a) Before a servicemember may be considered disabled in accordance with this
707     section, the Adjutant General shall determine whether the servicemember's illness, injury, or

708     disease was contracted or occurred through the fault or negligence of the servicemember. If the
709     servicemember is determined to be at fault for an injury or developed a disability through his or
710     her own negligent actions, the servicemember is not entitled to any care, pension, or benefit in
711     accordance with this section.
712          (b) Notwithstanding Subsection (1)(a) the servicemember may be eligible for benefits
713     in accordance with Title 34A, Chapter 2, Workers' Compensation Act, and Chapter 3, Utah
714     Occupational Disease Act.
715          (2) A member of the Utah National Guard or Utah State Defense Force who is disabled
716     through illness, injury, or disease contracted or incurred while on state active duty or while
717     reasonably proceeding to or returning from duty is eligible to receive workers' compensation
718     benefits in accordance with Title 34A, Chapter 2, Workers' Compensation Act.
719          (3) (a) If the disability temporarily incapacitates the servicemember from pursuing the
720     servicemember's usual business or occupation, the servicemember is eligible to receive
721     workers' compensation benefits in accordance with Title 34A, Chapter 2, Workers'
722     Compensation Act, and Chapter 3, Utah Occupational Disease Act.
723          (b) For the duration of the servicemember's inability to pursue a business or
724     occupation, the [Adjutant General] adjutant general shall provide compensation [equivalent to
725     the difference between] so that the total compensation, including the disability compensation
726     received under Subsection (3)(a) [and the total pay and allowances under state active duty as
727     provided in Section 39-1-51.] is commensurate with the injured service member's lost pay. The
728     adjutant general shall consider lost civilian and military pay in the compensation.
729          (4) A servicemember who is permanently disabled, shall receive pensions and benefits
730     from the state that [persons] individuals under like circumstances in the Armed Forces of the
731     United States receive from the United States.
732          (5) If a servicemember dies as a result of an injury, illness, or disease contracted or
733     incurred while on state active duty or while reasonably proceeding to or returning from active
734     duty, the surviving spouse, minor children, or dependent parents of the servicemember shall
735     receive compensation as directed in Section [39-1-59] 39A-3-203.
736          (6) Costs incurred by reason of this section shall be paid out of the funds available to
737     the Utah National Guard.
738          (7) The [Adjutant General] adjutant general, with the approval of the governor, shall

739     make and publish regulations to implement this section.
740          (8) Nothing in this section shall in any way limit or condition any other payment to a
741     servicemember that the law allows.
742          Section 24. Section 39A-3-203, which is renumbered from Section 39-1-59 is
743     renumbered and amended to read:
744          [39-1-59].      39A-3-203. Compensation for injury or death.
745          Within 72 hours of the reported death of a member of the National Guard on state
746     active duty, the state shall provide a death gratuity payment of $100,000 to:
747          (1) the [person] individual designated as the recipient of the member's unpaid pay and
748     allowances in the member's service record; or
749          (2) if no one is designated, the designated [person] individual cannot be found, or the
750     designated [person] individual has predeceased the member, the member's heirs in accordance
751     with Title 75, Chapter 2, Part 1, Intestate Succession.
752          Section 25. Section 39A-3-204, which is renumbered from Section 39-1-59.5 is
753     renumbered and amended to read:
754          [39-1-59.5].      39A-3-204. National Guard Death Benefit Restricted Account.
755          (1) There is created within the General Fund a restricted account known as "National
756     Guard Death Benefit Account."
757          (2) (a) The restricted account shall be funded from funds appropriated by the
758     Legislature.
759          (b) Funds in the restricted account may only be used to pay the death benefit authorized
760     in Section [39-1-59] 39A-3-204.
761          (c) The restricted account may accrue interest which shall be deposited into the
762     restricted account.
763          (d) At the close of any fiscal year, any balance in the fund in excess of $2,000,000 shall
764     be transferred to the General Fund.
765          Section 26. Section 39A-4-101, which is renumbered from Section 39-1-1 is
766     renumbered and amended to read:
767     
CHAPTER 4. UTAH STATE DEFENSE FORCE

768          [39-1-1].      39A-4-101. Utah State Defense Force -- How constituted.
769          (1) [All] Unless exempt under Subsection (2), all able-bodied citizens, and all

770     able-bodied [persons] individuals of foreign birth who have declared their intention to become
771     citizens, [who] are 18 years [of age] old or older and younger than [66] 64 years [of age, who]
772     old, and are residents of this state, constitute the [militia, subject to the following exemptions:]
773     Utah State Defense Force.
774          (2) Individuals exempt from Subsection (1) include:
775          (a) [persons exempted] individuals exempted from military service by laws of the
776     United States;
777          (b) [persons exempted] individuals exempted from military service by the laws of this
778     state;
779          (c) all [persons] individuals who have been honorably discharged from the [army, air
780     force, navy, marines, coast guard] armed forces, or volunteer forces of the United States;
781          (d) active members of any regularly organized fire or police department in any city or
782     town, but [no] a member of the active [militia is] defense force may not be relieved from duty
783     because [of his joining] the individual joined any volunteer fire company or department; [and]
784          (e) judges and clerks of courts of record[,];
785          (f) state and county civil officers holding office by election[,];
786          (g) state officers appointed by the governor for a specified term of office[,];
787          (h) ministers of the gospel[,]; and
788          (i) practicing physicians[, superintendents,] and hospital officers and assistants [of
789     hospitals and prisons and jails].
790          [(2)] (3) All [exempted persons, except those enumerated in Subsections (1)(a) through
791     (e),] individuals described in Subsection (1) are liable to military duty in case of war,
792     insurrection, invasion, tumult, riot, or public disaster, or imminent danger of any of these, or
793     after [they have] voluntarily [enlisted] enlisting in the National Guard of this state.
794          Section 27. Section 39A-4-102, which is renumbered from Section 39-4-1 is
795     renumbered and amended to read:
796          [39-4-1].      39A-4-102. Governor authorized to organize Utah State Defense
797     Force.
798          (1) The governor, by virtue of the governor's office, may organize and maintain [within
799     this state, under regulations the United States may prescribe for discipline in training, military
800     forces the governor considers necessary to defend this state] the Utah State Defense Force.

801          (2) [These forces shall] The Defense Force may be composed of officers commissioned
802     or assigned, and able-bodied citizens of the state who volunteer for service, supplemented if
803     necessary by [persons in the militia] individuals enrolled by draft or otherwise as provided by
804     law.
805          (3) [These forces] The Defense Force shall be additional to and distinct from the
806     National Guard [and shall be known as the Utah State Defense Force. These forces may be
807     uniformed].
808          (4) The Defense Force may have prescribed uniforms.
809          (5) If ordered to active service by the governor, the Defense Force shall be under the
810     command of the adjutant general.
811          Section 28. Section 39A-4-103, which is renumbered from Section 39-4-9 is
812     renumbered and amended to read:
813          [39-4-9].      39A-4-103. Qualifications of members.
814          [No person shall] An individual may not be commissioned or enlisted in [such forces]
815     the Defense Force who:
816          (1) is not a citizen of the United States; or [who]
817          (2) has been expelled or dishonorably discharged from any military [or naval
818     organization of this state, or of another state, or of the United States] service.
819          Section 29. Section 39A-4-104, which is renumbered from Section 39-4-11 is
820     renumbered and amended to read:
821          [39-4-11].      39A-4-104. Term of force enlistment -- Oaths.
822          [A person] (1) An individual may not be enlisted in the Defense Force for more than
823     one year, but an enlistment may be renewed.
824          (2) The oath to be taken upon enlistment in the [forces] Defense Force shall be
825     substantially in the form prescribed for enlisted [men] individuals of the National Guard,
826     substituting the words, "Utah State Defense Force," where necessary.
827          Section 30. Section 39A-4-105, which is renumbered from Section 39-4-10 is
828     renumbered and amended to read:
829          [39-4-10].      39A-4-105. Oaths of force officers.
830          The oath to be taken by officers commissioned in the [forces] Defense Force shall be
831     substantially in the form prescribed for officers of the National Guard, but substituting the

832     words "Utah State Defense Force," where necessary.
833          Section 31. Section 39A-4-106, which is renumbered from Section 39-4-3 is
834     renumbered and amended to read:
835          [39-4-3].      39A-4-106. Compensation of force members.
836          (1) [Every member] Members of the Utah State Defense Force, when called into active
837     service by the governor, shall receive compensation as prescribed by the governor.
838          (2) The compensation may not exceed the rate of pay [under law] prescribed for
839     officers and other members of the National Guard when called into active service of the state
840     by the governor.
841          Section 32. Section 39A-4-107, which is renumbered from Section 39-4-8 is
842     renumbered and amended to read:
843          [39-4-8].      39A-4-107. No organizations to be enlisted as a unit.
844          [No] A civil organization, society, club, post, order, fraternity, association, brotherhood,
845     body, union, league, or other combination of [persons] individuals or civil group [shall be
846     enlisted in such forces] may not enlist in the Defense Force as an organization, detachment,
847     company, or unit.
848          Section 33. Section 39A-4-108, which is renumbered from Section 39-4-5 is
849     renumbered and amended to read:
850          [39-4-5].      39A-4-108. Service outside state prohibited -- Exceptions.
851          [Such forces shall] (1) The Defense Force may not be required to serve outside the
852     boundaries of this state [except: (1) Upon the request of the governor of another state,] unless
853     the governor [of this state may, in his discretion, order any portion or all of such forces to assist
854     the military or police forces of such other state who are actually engaged in defending such
855     other state. Such forces], in response to a request from the governor of another state through
856     the Emergency Management Assistance Compact, orders the Defense Force to assist outside
857     the state.
858          (2) The Defense Force may be recalled by the governor at [his discretion] any time.
859          [(2) Any organization, unit or detachment of such forces, upon order of the officer in
860     immediate command thereof, may continue in fresh pursuit of insurrectionists, saboteurs,
861     enemies or enemy forces beyond the borders of this state into another state until they are
862     apprehended or captured by such organization, unit or detachment or until the military or police

863     forces of the other state or the forces of the United States have had a reasonable opportunity to
864     take up the pursuit or to apprehend or capture such persons; provided, such other state shall
865     have given authority by law for such pursuit by such forces of this state. Any such person who
866     shall be apprehended or captured in such other state shall without unnecessary delay be
867     surrendered to the military or police forces of the state in which he is taken or to the United
868     States, but such surrender shall not constitute a waiver by this state of its right to extradite or
869     prosecute such persons for any crime committed in this state.]
870          Section 34. Section 39A-4-109, which is renumbered from Section 39-4-12 is
871     renumbered and amended to read:
872          [39-4-12].      39A-4-109. Military court law and rules of National Guard
873     applicable.
874          [(1) ]When the [forces] Defense Force or any part of [them are] it is ordered [out for]
875     to active service [or are serving as members of the Utah State Defense Force, the] Chapter 5,
876     Utah Code of Military Justice, as it applies to the [state] National Guard, and regulations
877     prescribed under it apply to the Utah State Defense Force.
878          [(2) Members of the Utah State Defense Force are privileged from arrest under Section
879     39-1-54, when in state service.]
880          [(3) Persons serving in the Utah State Defense Force are, during this service, exempt
881     from posse comitatus and from jury duty.]
882          Section 35. Section 39A-4-110, which is renumbered from Section 39-4-7 is
883     renumbered and amended to read:
884          [39-4-7].      39A-4-110. State Defense Force not subject to United States military
885     service -- Members not exempt from United States military service.
886          [Nothing in this act shall] (1) This act may not be construed as authorizing [such
887     forces, or any part thereof] the Defense Force to be called, ordered or in any manner drafted, as
888     such into the military service of the United States[, but no person shall].
889          (2) An individual is not, by reason of [his] enlistment or commission in [any such
890     forces be] the Defense Force, exempted from military service under any law of the United
891     States.
892          Section 36. Section 39A-4-111, which is renumbered from Section 39-4-4 is
893     renumbered and amended to read:

894          [39-4-4].      39A-4-111. Governor may requisition arms and equipment from
895     secretary of defense.
896          For the use of [such forces] the Defense Force, the governor is authorized to requisition
897     from the secretary of [war such arms] defense arms, ammunition, and equipment [as may be in
898     possession of and can be spared by the war department;] and to make the facilities and
899     equipment of the National Guard available to [such forces the facilities of state armories and
900     their equipment and such other state premises and property as may be available] the Defense
901     Force.
902          Section 37. Section 39A-4-112, which is renumbered from Section 39-1-8 is
903     renumbered and amended to read:
904          [39-1-8].      39A-4-112. Governor may proclaim martial law.
905          (1) Whenever the [militia] Defense Force or any portion [thereof,] of the Defense
906     Force is called into active service, the governor may, by proclamation, declare all or any part of
907     any county, city or town in which the troops are serving to be under martial law[, and when].
908          (2) When the [militia shall be on] Defense Force is in active service [as herein
909     provided], the commanding officer [thereof] and his subordinates may cooperate with the civil
910     authorities [or take entire charge of the situation as in the judgment of the commanding officer
911     the exigencies of the case may require] as directed by the adjutant general.
912          Section 38. Section 39A-5-101, which is renumbered from Section 39-6-1 is
913     renumbered and amended to read:
914     
CHAPTER 5. UTAH CODE OF MILITARY JUSTICE

915     
Part 1. General Provisions

916          [39-6-1].      39A-5-101. Utah Code of Military Justice.
917          [This chapter is known as the "Utah Code of Military Justice," and may also be cited]
918     The "Utah Code of Military Justice" may be abbreviated as the "UtCMJ[.]" and applies to all
919     individuals subject to this title.
920          Section 39. Section 39A-5-102, which is renumbered from Section 39-6-2 is
921     renumbered and amended to read:
922          [39-6-2].      39A-5-102. Definitions.
923          As used in this chapter:
924          (1) "Accuser" means [a person] an individual who:

925          (a) signs and swears to charges;
926          (b) directs that charges nominally be signed and sworn to by another; or
927          (c) any other [person] individual who has an interest other than an official interest in
928     the prosecution of the accused.
929          (2) "Apprehend" means taking an individual into custody by competent authority, with
930     or without a warrant.
931          (3) "Arrest" means restraining an individual by an order, not imposed as a punishment
932     for an offense, directing the individual to remain within a specified area.
933          [(2)] (4) "Commanding officer" means both a commissioned officer and a warrant
934     officer designated as a commander.
935          [(3)] (5) "Commissioned officer" includes a commissioned warrant officer.
936          (6) "Confinement" means the physical restraint of an individual.
937          [(4)] (7) "Convening authority" means the governor or the adjutant general.
938          [(5)] (8) "Duty status other than state active duty" means any other type of duty, and
939     includes going to and returning from the duty.
940          [(6)] (9) "Enlisted member" means [a person] an individual in an enlisted grade.
941          [(7)] (10) "Grade" means a step or degree in a graduated scale of office or military
942     rank, established and designated as a grade by law or regulation.
943          [(8)] (11) "Legal officer" means any commissioned officer of the [organized] National
944     Guard [of the state] designated to perform legal duties for a command.
945          [(9)] (12) "Major command" or "MACOM" means a major subdivision of the [Utah]
946     National Guard.
947          [(10)] (13) "Military" means any or all of the armed forces of the United States.
948          [(11)] (14) "Military court" means a court-martial, a court of inquiry, or a provost
949     court.
950          [(12)] (15) "Military judge" means a qualified staff judge advocate officer of a military
951     court detailed under Section [39-6-20] 39A-5-206.
952          [(13)] (16) "National Guard" [means the Utah Army and Air National Guard,
953     including] includes part-time and full-time active guard and reserve (AGR), and [includes] the
954     Utah [unorganized militia] State Defense Force when called to active duty by the governor [of
955     the state].

956          [(14)] (17) "Officer" means a commissioned or warrant officer.
957          [(15)] (18) "Rank" means the order of precedence among members of the armed forces.
958          [(16)] (19) "State active duty" means full-time duty in the active military service of the
959     state under an order of the governor, issued pursuant to the governor's authority, and includes
960     going to and returning from [the] duty.
961          [(17)] (20) "State judge advocate" or "SJA" means the commissioned judge advocate
962     general's corps officer responsible for supervising the delivery of legal services in the National
963     Guard.
964          [(18)] (21) "State staff judge advocate" or "SSJA" means the commissioned judge
965     advocate general's corps officer appointed as the senior legal officer for the [Utah] National
966     Guard.
967          [(19)] (22) "Superior commissioned officer" means a commissioned officer superior to
968     another in rank or command.
969          [(20) "UtCMJ" means Title 39, Chapter 6, Utah Code of Military Justice.]
970          (23) "Unit" means any regularly organized command of the National Guard.
971          Section 40. Section 39A-5-103, which is renumbered from Section 39-6-6 is
972     renumbered and amended to read:
973          [39-6-6].      39A-5-103. State judge advocate -- Appointment -- Qualifications --
974     Duties -- Assistants.
975          (1) The adjutant general shall appoint an officer of the National Guard as the state
976     judge advocate. The officer shall be a member of the Utah State Bar, a United States federal
977     court, branch qualified, and designated as a staff judge advocate officer.
978          (2) The state judge advocate is the principal military legal advisor and shall, in
979     connection with rendering legal advice to the adjutant general, prepare pretrial advice, a
980     post-trial review, and act as legal advisor to the adjutant general on all matters involving
981     military justice[, the Utah Manual for Military Courts, and the Utah Code of Military Justice].
982          (3) The adjutant general may appoint assistant state judge advocates as considered
983     necessary. [They] All assistant state judge advocates shall be officers of the National Guard,
984     members of the Utah State Bar, branch qualified, and designated as staff judge advocate
985     officers.
986          (4) The SJA or an assistant SJA shall make frequent inspections of military units

987     throughout the state to supervise the administration of military justice.
988          (5) The convening authority shall review directly with the SJA all matters relating to
989     the administration of military justice and administrative actions. The assistant state judge
990     advocate or legal officer of any command may communicate directly with the assistant state
991     judge advocate or legal officer of a superior or subordinate command, or with the SJA.
992          (6) [A person] An individual who has acted as a member, military judge, trial counsel,
993     assistant trial counsel, defense counsel, assistant defense counsel, or investigating officer, or
994     who has been a witness for either the prosecution or defense, may not subsequently act as
995     assistant state judge advocate, SJA, or legal officer to any reviewing authority upon the same
996     case.
997          Section 41. Section 39A-5-104, which is renumbered from Section 39-6-3 is
998     renumbered and amended to read:
999          [39-6-3].      39A-5-104. Individuals subject to chapter -- Jurisdiction over
1000     offenses.
1001          (1) The following [persons] individuals are subject to this chapter:
1002          (a) all members of the National Guard, including full-time members serving under
1003     Title 32, United States Code; and
1004          (b) all other [persons] individuals lawfully ordered to duty in or with the National
1005     Guard or the [unorganized militia] Utah State Defense Force, from the [dates they are] date
1006     required by the terms of the order or other directive[;].
1007          (2) (a) If there is a military activation by the federal government, all activated [persons]
1008     individuals who would otherwise be under the jurisdiction of this chapter are subject to
1009     concurrent jurisdiction under federal and state law.
1010          (b) [Persons] Individuals under this subsection may only be tried for offenses occurring
1011     during activation and after release from federal service, while within the period of [an] the
1012     applicable statute of limitations.
1013          Section 42. Section 39A-5-105, which is renumbered from Section 39-6-5 is
1014     renumbered and amended to read:
1015          [39-6-5].      39A-5-105. Application of chapter in and outside of the state --
1016     Military courts held outside the state.
1017          (1) This chapter applies to all [persons] individuals:

1018          (a) subject to this chapter within the state; [and]
1019          (b) otherwise subject to this chapter while serving outside the state[,]; and
1020          (c) while going to and returning from the service outside the state[, as if they were
1021     serving inside the state].
1022          (2) Military courts may be convened and held in units of the National Guard while
1023     those units are serving without the state, with the same jurisdiction and powers as to [persons]
1024     individuals subject to this chapter as if the proceedings were held within the state. Offenses
1025     committed without the state may be tried and punished either within or without the state, as
1026     military necessity dictates.
1027          (3) Nothing in this chapter limits a commander's authority to use adverse
1028     administrative action to address misconduct by a member, regardless of the member's status at
1029     the time of the misconduct.
1030          Section 43. Section 39A-5-106, which is renumbered from Section 39-6-40 is
1031     renumbered and amended to read:
1032          [39-6-40].      39A-5-106. Offenses against the state by individual not subject to
1033     chapter.
1034          [A person] An individual not subject to this chapter is guilty of an offense against the
1035     state if [he] the individual willfully neglects or refuses to appear, refuses to qualify as a witness
1036     or to testify, or refuses to produce any evidence which [that person] the individual may have
1037     been legally subpoenaed to produce, after [he] the individual has been:
1038          (1) subpoenaed to appear as a witness or to produce books and records before a
1039     military court or before any military or civil officer designated to take a deposition to be read in
1040     evidence before the court; and
1041          (2) paid or tendered the fees and mileage of a witness at the rates allowed to witnesses
1042     attending the district courts of the state.
1043          Section 44. Section 39A-5-107, which is renumbered from Section 39-6-7 is
1044     renumbered and amended to read:
1045          [39-6-7].      39A-5-107. Apprehension.
1046          [(1) "Apprehension" means the taking of a person into custody by competent authority,
1047     with or without a warrant.]
1048          [(2) A person] (1) An individual authorized under this chapter or rules [made under it]

1049     promulgated pursuant to this chapter to apprehend [persons] individuals subject to this chapter,
1050     any provost marshal of a military court appointed under this chapter, and any peace officer
1051     authorized by law, may apprehend [persons] individuals subject to this chapter upon probable
1052     cause to believe that an offense has been committed and the [person] individual to be
1053     apprehended committed the offense.
1054          [(3)] (2) Commissioned officers, warrant officers, and noncommissioned officers may
1055     quell disorderly conduct among [persons] individuals subject to this chapter and may
1056     apprehend those [persons] individuals who are taking part.
1057          Section 45. Section 39A-5-108, which is renumbered from Section 39-6-8 is
1058     renumbered and amended to read:
1059          [39-6-8].      39A-5-108. Arrest.
1060          [(1) "Arrest" means the restraint of a person by an order, not imposed as a punishment
1061     for an offense, directing the person to remain within a specified area.]
1062          [(2)] (1) An enlisted service member may be ordered into arrest or confinement by any
1063     commanding officer by an order, oral or written, delivered in person or through [persons]
1064     individuals subject to this chapter, or through [a person] an individual authorized by this
1065     chapter to apprehend [persons] individuals.
1066          (2) A commanding officer may authorize warrant officers or noncommissioned officers
1067     to order enlisted members of his or her command or subject to his or her authority into arrest or
1068     confinement.
1069          (3) A commissioned officer or warrant officer may be ordered apprehended, or ordered
1070     into arrest or confinement, only by a commanding officer to whose authority [he] the
1071     commissioned officer or warrant officer is subject, and only by an order, oral or written,
1072     delivered in person or by another commissioned officer. The authority to order the [person]
1073     officer apprehended or into arrest or confinement may not be delegated.
1074          (4) A [person] service member may not be apprehended or placed under arrest or
1075     confinement except upon probable cause.
1076          (5) This section does not limit [a person] an individual authorized to apprehend
1077     offenders in [his] securing the custody of an alleged offender until the proper authority may be
1078     notified.
1079          Section 46. Section 39A-5-109, which is renumbered from Section 39-6-4 is

1080     renumbered and amended to read:
1081          [39-6-4].      39A-5-109. Fraudulently obtained discharge -- Desertion --
1082     Limitations -- Tolling of time limits.
1083          (1) [A person] An individual discharged from the [Utah] National Guard who is later
1084     charged with having fraudulently obtained the discharge is subject to trial by a military court on
1085     that charge.
1086          (2) After apprehension, the [person] individual is subject to this chapter while in
1087     military custody for trial. Upon conviction of [that] the charge the [person] individual is
1088     subject to trial for all offenses under this chapter committed prior to the fraudulent discharge.
1089          (3) [A person] An individual who has deserted from a military unit, which [act] would
1090     subject the [person] individual to the jurisdiction of this chapter, is not relieved from the
1091     jurisdiction of this chapter due to a separation from any later period of service.
1092          (4) An individual charged with desertion or absence without leave shall be tried and
1093     punished within four years after the preferral of charges.
1094          (5) Except under Subsection (4), an individual charged with any offense may not be
1095     tried by a military court or punished under Section 39A-5-303 if the offense was committed
1096     more than two years before the receipt of sworn charges and specifications by an officer
1097     exercising jurisdiction as a military court convening authority.
1098          (6) Periods when the accused was outside the state's jurisdiction or in the custody of
1099     civilian authorities are excluded in computing limitations of time under this section.
1100          Section 47. Section 39A-5-110, which is renumbered from Section 39-6-9 is
1101     renumbered and amended to read:
1102          [39-6-9].      39A-5-110. Confinement.
1103          [(1) "Confinement" means the physical restraint of a person.]
1104          [(2) (a) A person] (1) (a) An individual subject to this chapter, who is charged with an
1105     offense under this chapter, may be ordered into arrest or confinement, as circumstances require.
1106          (b) When [a person] an individual subject to this chapter is placed into arrest or
1107     confinement prior to trial, action shall be taken immediately to notify [him] the individual of
1108     the specific offense charged [against him], and to either try the [person] individual, or dismiss
1109     the charges [against him] and release [him] the individual.
1110          [(3)] (2) Confinement before, during, or after trial by a military court shall be [in either

1111     a guard house or a civilian jail, or other] ordered by a field grade or general officer and may be
1112     in a penal [facility] institution determined by the governor or [his designee] the adjutant
1113     general.
1114          Section 48. Section 39A-5-111, which is renumbered from Section 39-6-10 is
1115     renumbered and amended to read:
1116          [39-6-10].      39A-5-111. Parties under obligation to keep a prisoner -- Reporting.
1117          (1) A provost marshal, [commander of a guard, master at arms, warden, keeper,]
1118     sheriff, or officer of a city or county jail or [other jail] penal institution designated under
1119     Section [39-6-9] 39A-5-110, may not refuse to receive or keep any prisoner [committed to his
1120     charge] if the committing [person] officer provides a signed statement [signed by him,]
1121     indicating the offense charged against the prisoner.
1122          (2) Any party under Subsection (1) charged with keeping a prisoner shall within 24
1123     hours after [that] commitment [or as soon as he is relieved from guard,] report to the
1124     commanding officer of the prisoner the name of the prisoner, the nature of the offense charged
1125     against him, and the name of the [person] individual who ordered or authorized the
1126     commitment.
1127          Section 49. Section 39A-5-112, which is renumbered from Section 39-6-11 is
1128     renumbered and amended to read:
1129          [39-6-11].      39A-5-112. Individual confined prior to trial -- Punishment
1130     limitations.
1131          (1) Subject to Section [39-6-9] 39A-5-110, [a person] an individual in confinement
1132     prior to trial may not be subjected to punishment or penalty other than arrest or confinement
1133     [upon] while the charges are pending [against him].
1134          (2) The arrest or confinement imposed on a prisoner may not be more rigorous than
1135     necessary to ensure the prisoner's presence. However, [he] the prisoner may be:
1136          (a) subjected to minor punishment during that period for discipline violations; and
1137          (b) required to perform labor as necessary for the policing and sanitation of [his] the
1138     prisoner's living [quarters, mess facilities, and the area] conditions, immediately adjacent [to
1139     these] areas, or as otherwise designated by regulations governing the housing of a prisoner.
1140          Section 50. Section 39A-5-113, which is renumbered from Section 39-6-12 is
1141     renumbered and amended to read:

1142          [39-6-12].      39A-5-113. Individual accused of offense against civilian --
1143     Sentences of military and civilian courts.
1144          (1) [Under this chapter, a person] A service member on duty and subject to this chapter
1145     who is accused of an offense against a civilian [person] individual may be delivered, upon
1146     request, to [the] a civilian authority for judicial proceedings.
1147          (2) (a) [When a person] If an individual under sentence imposed by a military court is
1148     delivered to a civilian authority under this section, and the [person] individual is convicted in a
1149     civilian court, the execution of the sentence of the military court is interrupted.
1150          (b) After the [person] individual has completed the sentence imposed by the civilian
1151     court, upon request of military authority, [he] the individual shall be returned to military
1152     custody for completion of [his] the military court sentence.
1153          Section 51. Section 39A-5-114, which is renumbered from Section 39-6-23 is
1154     renumbered and amended to read:
1155          [39-6-23].      39A-5-114. Charges and specifications -- Contents -- Notification of
1156     accused.
1157          (1) Charges and specifications shall be signed by a [person] member subject to this
1158     chapter under oath before [a person] an individual authorized to administer oaths and shall
1159     state that:
1160          (a) the [person] individual signing has personal knowledge of, or has investigated, the
1161     matters set forth in the document; and
1162          (b) the matters set forth are true to the best of [his] the individual's knowledge and
1163     belief.
1164          (2) (a) Upon the preferring of charges, the appropriate authority shall take action
1165     immediately to determine what disposition should be made in the interest of justice and
1166     discipline.
1167          (b) The accused shall be informed of the charges against him or her as soon as
1168     practicable.
1169          Section 52. Section 39A-5-115, which is renumbered from Section 39-6-24 is
1170     renumbered and amended to read:
1171          [39-6-24].      39A-5-115. Individual charged -- Limits on evidence obtained from
1172     other individuals.

1173          (1) [A person] An individual subject to this chapter may not:
1174          (a) compel any [person] individual to incriminate himself or herself or to answer any
1175     question, the answer to which may tend to incriminate [him] the individual;
1176          (b) interrogate, or request any statement from an accused or [a person] an individual
1177     suspected of an offense, without first:
1178          (i) informing [him] the individual of the nature of the accusation; and
1179          (ii) advising [him that he is not required to make any] the individual that a statement is
1180     not required regarding the offense of which [he] the individual is accused or suspected, and that
1181     any statement [made by him] may be used as evidence against [him] the individual in a trial by
1182     military court; and
1183          (c) compel any [person] individual to make a statement or produce evidence before any
1184     military court, if the statement or evidence is not material to the issue before the court and may
1185     tend to degrade [him] the individual.
1186          (2) A statement obtained from any [person] individual in violation of this section, or
1187     through the use of coercion, unlawful influence, or unlawful inducement may not be received
1188     in evidence against [him] the individual in a trial by a military court.
1189          Section 53. Section 39A-5-116, which is renumbered from Section 39-6-26 is
1190     renumbered and amended to read:
1191          [39-6-26].      39A-5-116. Charges to be forwarded to governor or adjutant
1192     general.
1193          When [a person] an individual is held for trial by military court, the commanding
1194     officer shall forward the charges, together with the investigation and related papers, to the
1195     governor or the adjutant general within five working days, excluding holidays, after the
1196     accused is ordered into arrest or confinement.
1197          Section 54. Section 39A-5-117, which is renumbered from Section 39-6-27 is
1198     renumbered and amended to read:
1199          [39-6-27].      39A-5-117. Review of charge by SJA -- Corrections to charges.
1200          (1) (a) Before directing the trial of any charge by a military court, the convening
1201     authority shall refer [it] the charge to the SJA for consideration and advice.
1202          (b) The convening authority may not refer a charge to a military court for trial unless
1203     he or she has found that the charge alleges an offense under this chapter and is warranted by

1204     sufficient evidence, as indicated in the report of the investigation.
1205          (2) If the charges or specifications are not formally correct or do not conform to the
1206     substance of the evidence contained in the report of the investigating officer, formal corrections
1207     and changes in the charges and specifications as necessary may be made to conform to the
1208     evidence.
1209          Section 55. Section 39A-5-118, which is renumbered from Section 39-6-28 is
1210     renumbered and amended to read:
1211          [39-6-28].      39A-5-118. Service of charges on accused.
1212          (1) The trial counsel to whom charges are referred for trial shall cause to be served
1213     upon the accused a copy of the charges to be tried.
1214          (2) [A person] An individual may not, against his or her objection, be brought to trial
1215     or be required to participate [by himself or with counsel] in a session called by the military
1216     judge under Section [39-6-32] 39A-5-216, in a military court case, within five days after the
1217     service of charges [upon him].
1218          Section 56. Section 39A-5-119, which is renumbered from Section 39-6-114 is
1219     renumbered and amended to read:
1220          [39-6-114].      39A-5-119. Chapter interpretation -- Federal law governs.
1221          (1) Federal laws and regulations, forms, precedents, and usages relating to and
1222     governing the armed forces of the United States and the National Guard not inconsistent with
1223     the constitution and laws of this state or with a rule or regulation adopted pursuant to Section
1224     [39-1-3] 39A-3-102, apply to and govern the National Guard of this state, including all
1225     members on active duty within the state as active duty [guard/reserve] guard or reserve
1226     personnel under U.S.C.A. Title 32, National Guard.
1227          (2) The Uniform Code of Military Justice, 10 U.S.C.A. 47, including regulations,
1228     manuals, forms, precedents, and usages implementing, interpreting and complementing the
1229     code, is adopted for use by the National Guard of this state and applies as long as it is not
1230     inconsistent with:
1231          (a) the constitution and laws of this state, including the regulations, manuals, forms,
1232     precedents, and usages implementing, interpreting, and complementing the constitution and
1233     laws of this state; or
1234          (b) a rule or regulation adopted pursuant to Section [39-1-3] 39A-3-102, to govern the

1235     National Guard of this state, including all members on active duty within the state as active
1236     duty [guard/reserve] guard or reserve personnel under U.S.C.A. Title 32, National Guard, when
1237     the members are serving other than in a federal capacity under U.S.C.A. Title 10.
1238          Section 57. Section 39A-5-201 is enacted to read:
1239     
Part 2. Military Courts

1240          39A-5-201. Military courts.
1241          This part sets the requirements and procedures for the conduct of military courts of the
1242     Utah National Guard.
1243          Section 58. Section 39A-5-202, which is renumbered from Section 39-6-15 is
1244     renumbered and amended to read:
1245          [39-6-15].      39A-5-202. Composition -- Convening authority -- Responsibilities.
1246          (1) [In] Within the National Guard [that is] while not in federal service, there is created
1247     a military court to hear matters designated under the [UtCMJ] Utah Code of Military Justice.
1248          (2) The governor or the adjutant general of the state is the convening authority for any
1249     military court in the state and upon receipt of charges may:
1250          (a) dismiss any charges;
1251          (b) forward charges to a subordinate commander for disposition; or
1252          (c) refer charges to a military court for trial.
1253          (3) A military court shall be convened in accordance with this part.
1254          [(2)] (4) The court shall be composed of:
1255          (a) a military judge and not fewer than three panel members; or
1256          (b) a military judge, if before the court is assembled, the accused, knowing the identity
1257     of the military judge and after consultation with his defense counsel, requests in writing a court
1258     composed only of a military judge, and the military judge approves the request.
1259          (5) The convening authority of a military court or court of inquiry:
1260          (a) shall detail or employ qualified court reporters to record the proceedings of and
1261     testimony taken by the court; and
1262          (b) may detail or employ interpreters, as necessary.
1263          Section 59. Section 39A-5-203, which is renumbered from Section 39-6-16 is
1264     renumbered and amended to read:
1265          [39-6-16].      39A-5-203. Jurisdiction -- Punishments.

1266          (1) (a) [Subject to Subsections (2) and (3), a] A military court in this state has
1267     jurisdiction to try [persons] individuals subject to this chapter for any offense punishable by
1268     this chapter.
1269          (b) The military court may, under limitations the governor may prescribe, and under
1270     applicable state and federal regulations governing punishment, impose any punishment
1271     described in Section 39A-5-302 and not prohibited by this chapter or state law, including the
1272     issuance of a bad conduct discharge, when the court is in session to consider a penalty.
1273          (2) Each major command component of the National Guard has military court
1274     jurisdiction over all [persons] individuals subject to this chapter. The exercise of this
1275     jurisdiction by one command component over members of another shall be in accordance with
1276     regulations prescribed by the governor.
1277          (3) Members of the Utah National Guard [or the unorganized militia] in federal service
1278     are subject to the federal Uniform Code of Military Justice and all federal and state laws
1279     pertaining to them, until released back to state control.
1280          (4) The jurisdiction of the courts established by this chapter is presumed, and the
1281     burden of proof shall rest on any individual attacking the court's jurisdiction in any action or
1282     proceeding.
1283          Section 60. Section 39A-5-204, which is renumbered from Section 39-6-109 is
1284     renumbered and amended to read:
1285          [39-6-109].      39A-5-204. Authority -- Processes and mandates.
1286          (1) A military court may issue all processes and mandates necessary to carry into effect
1287     the court's authority. [The court may issue subpoenas duces tecum and enforce by attachment
1288     the attendance of witnesses and production of books and records, when they are in the state,
1289     and the courts are sitting in the state.]
1290          (2) [The processes] Processes and mandates:
1291          (a) may be issued by a military court judge or the president of other military courts;
1292          (b) may be directed to and executed by the military police assigned to the court, or any
1293     peace officer; and
1294          (c) shall be in a form prescribed by regulations issued under this chapter.
1295          (3) (a) All officers to whom [the] processes or mandates are directed shall execute
1296     [them] and [make] return [of their acts according to] all actions in accordance with the

1297     requirements of the documents.
1298          (b) Except [where] as otherwise provided [under] in this chapter, an officer may not
1299     demand or require payment of any fee or charge for receiving, executing, or returning a process
1300     or mandate, or for any service in connection with either document.
1301          Section 61. Section 39A-5-205, which is renumbered from Section 39-6-108 is
1302     renumbered and amended to read:
1303          [39-6-108].      39A-5-205. Execution of military court processes and sentences.
1304          The processes and sentences of the National Guard in its military court, when the guard
1305     is not in federal service, shall be executed by the civil officers prescribed by state law.
1306          Section 62. Section 39A-5-206, which is renumbered from Section 39-6-20 is
1307     renumbered and amended to read:
1308          [39-6-20].      39A-5-206. Military judge -- Qualifications -- Designation for detail.
1309          (1) The [authority] convening authority of a military court shall, subject to regulations
1310     [made] promulgated by the governor, detail a military judge, as designated by the state judge
1311     advocate, to preside over each open session of the court.
1312          (2) A military judge shall be:
1313          (a) a commissioned officer;
1314          (b) a member of the Utah State Bar;
1315          (c) a member of the bar of a federal court; and
1316          (d) certified as qualified for [this] duty by the state judge advocate.
1317          [(3) (a) The military judge of a military court shall be designated by the state judge
1318     advocate or the SJA's designee for detail by the convening authority.]
1319          [(b)] (3) Unless the military court [was] is convened by the governor, neither the
1320     adjutant general nor the adjutant general's staff may prepare or review any report concerning
1321     the effectiveness, fitness, or efficiency of the detailed military judge that relates to the judge's
1322     performance of duty as a military judge.
1323          (4) [A person] An individual is not eligible to act as a military judge in a case if the
1324     [person] individual:
1325          (a) is the accuser;
1326          (b) is a witness in the case;
1327          (c) has acted as investigating officer; or

1328          (d) is a counsel in the same case.
1329          (5) The military judge of a court may not:
1330          (a) consult with the members of the court, except in the presence of the accused, trial
1331     counsel, and defense counsel; or
1332          (b) vote with the members of the court.
1333          Section 63. Section 39A-5-207, which is renumbered from Section 39-1-41.5 is
1334     renumbered and amended to read:
1335          [39-1-41.5].      39A-5-207. Authority of military court judges -- Payment of
1336     witnesses.
1337          (1) Judges of military courts may:
1338          (a) issue a warrant [to] for the arrest of an accused [person and bring him before the
1339     court for trial, when the person has failed to obey a prior summons to appear before the court,
1340     and a copy of the charge or information has been delivered to the accused with the summons]
1341     individual who, having been served with a warrant and a copy of the charges, disobeys a
1342     written order by the convening authority to appear before the court;
1343          (b) issue subpoenas and subpoenas duces tecum, and enforce by attachment the
1344     attendance of witnesses and the production of books and papers;
1345          (c) sentence for a refusal to be sworn or to answer as provided in actions before civil
1346     courts; and
1347          (d) issue process to compel witnesses to appear and testify, and compel the production
1348     of other evidence in any county within the state.
1349          (2) Witnesses shall be paid in the same manner as in district courts.
1350          Section 64. Section 39A-5-208, which is renumbered from Section 39-6-19 is
1351     renumbered and amended to read:
1352          [39-6-19].      39A-5-208. Individuals who may serve on a military court.
1353          (1) A commissioned officer off or on duty with the National Guard may serve on a
1354     military court for the trial of any [person] individual brought before the court for trial.
1355          (2) A warrant officer off or on duty with the National Guard may serve on a military
1356     court for the trial of any [person] individual, other than a superior commissioned officer, who
1357     is brought before the court for trial.
1358          (3) (a) An enlisted member of the National Guard who is not a member of the same

1359     unit as the accused may serve on a military court for the trial of any enlisted member brought
1360     before the court for trial.
1361          (b) However, an enlisted member may serve as a member of a court only if before the
1362     conclusion of a session called by the court under Section [39-6-32] 39A-5-216, or in the
1363     absence of the session, before the court is assembled for the trial of the accused, the accused
1364     personally has requested in writing that enlisted members serve on the court.
1365          (c) If the request is made under Subsection (3)(b), the accused may not be tried by the
1366     military court when enlisted members comprise less than 1/2 of the total membership of the
1367     court, unless eligible members cannot be obtained on account of physical conditions or military
1368     exigencies.
1369          (d) If [the] eligible members cannot be obtained, the court may be assembled and trial
1370     held without them, but the convening authority shall make a detailed written explanation of
1371     why [they] eligible members could not be obtained. This statement shall be appended to the
1372     court record.
1373          [(e) "Unit" means any regularly organized major command (MACOM) of the National
1374     Guard.]
1375          (4) (a) [A person] An individual subject to this chapter [shall] may be tried by a
1376     military court, but no member of the court may be junior to [him] the individual in rank or
1377     grade.
1378          (b) When [an authority convenes] a military court[, it] is convened, the convening
1379     authority shall detail as members of the court [those persons] individuals who [in his opinion]
1380     are best qualified for the duty by age, education, training, experience, length of service, and
1381     judicial temperament.
1382          (c) A member is not eligible to serve as a member of a military court [when he] if the
1383     member:
1384          (i) is the accuser [or] in the case;
1385          (ii) is a witness in the case [or];
1386          (iii) has acted as investigating officer in the case; or
1387          (iv) has acted as counsel in the [same] case.
1388          (5) An action or proceeding may not be prosecuted or maintained against a convening
1389     authority, member of a military court, or individual acting under the court's authority or

1390     reviewing the court's proceedings because of:
1391          (a) the imposition, approval, or execution of any sentence;
1392          (b) the imposition or collection of a fine or penalty; or
1393          (c) the execution of any warrant, writ, execution, process, or mandate of a military
1394     court.
1395          Section 65. Section 39A-5-209, which is renumbered from Section 39-6-30 is
1396     renumbered and amended to read:
1397          [39-6-30].      39A-5-209. Military court findings -- Prohibition of censuring or
1398     influencing court actions -- Military court member's performance.
1399          [(1) An authority convening a military court, or any other commanding officer, or
1400     officer serving on the staff of any of these persons, may not censure, reprimand, or admonish
1401     the court or any member, military judge, or counsel of the court, with respect to the findings or
1402     sentence adjudged by the court, or any other function carried out in the proceeding.]
1403          (1) The court or any panel member, military judge, or counsel of the court may not be
1404     censured, reprimanded, or admonished by a convening authority, commanding officer, or staff
1405     officer with respect to the findings or sentence adjudged by the court, or any other function
1406     carried out in the proceeding.
1407          (2) [A person] An individual subject to this chapter may not attempt to coerce, or by
1408     any unauthorized means influence the action of:
1409          (a) the military court or any other military tribunal or any member of [these in their] a
1410     military tribunal arriving at the findings or sentence in any case; or
1411          (b) any convening, approving, or reviewing authority with respect to [his] any judicial
1412     acts.
1413          (3) Subsection (2) does not apply to:
1414          (a) general instructional or informational courses in military justice, if the courses are
1415     designed solely for the purpose of instructing members of a command in the substantive and
1416     procedural aspects of a military court; or
1417          (b) statements and instructions given in open court by the military judge, the president
1418     of a military court, or counsel.
1419          (4) In preparing an effectiveness, efficiency, or fitness report, or any other report or
1420     document used in whole or in part for determining whether a member of the National Guard is

1421     qualified to be advanced in grade, or in determining the assignment or transfer of a member of
1422     the National Guard, or in determining whether a member should be retained in an active status,
1423     [a person] an individual subject to this chapter may not:
1424          (a) consider or evaluate the performance of duty of any member of a military court; or
1425          (b) give a less favorable rating or evaluation of any member of the National Guard
1426     because of the zeal with which the member, as counsel, represented any accused before a
1427     military court or before any other proceeding authorized by this chapter.
1428          Section 66. Section 39A-5-210, which is renumbered from Section 39-6-31 is
1429     renumbered and amended to read:
1430          [39-6-31].      39A-5-210. Prosecutions in state name -- Right to defense trial
1431     counsel.
1432          (1) The trial counsel of a military court prosecutes in the name of the state, and shall
1433     prepare the record of the proceedings under the direction of the court.
1434          (2) (a) The accused has the right to be represented [in his defense] before a military
1435     court by civilian counsel if provided by him at no expense to the state, or by military counsel of
1436     his or her own selection if reasonably available.
1437          (b) If the accused has retained civilian counsel [of his own choosing], the defense
1438     counsel and any assistant defense counsel who were detailed shall act as the associate counsel
1439     to the civilian counsel [for the accused] if the accused desires. Otherwise, detailed counsel
1440     shall be excused by the military judge.
1441          (3) In a court proceeding resulting in a conviction, the defense counsel may forward for
1442     attachment to the record of proceedings a brief of matters that should be considered on behalf
1443     of the accused on review, including any objection to the contents of the record.
1444          (4) An assistant trial counsel of a military court may, under the direction of the trial
1445     counsel, or as trial counsel when he is so qualified, perform any duty imposed by law,
1446     regulation, or the custom of the service on the trial counsel of the court. An assistant trial
1447     counsel of a military court may perform any duty of the trial counsel.
1448          (5) An assistant defense counsel of a military court may, under the direction of the
1449     defense counsel or when he is qualified to be the defense counsel, perform any duty imposed
1450     by law, regulation, or the custom of the service upon counsel for the accused.
1451          Section 67. Section 39A-5-211, which is renumbered from Section 39-6-29 is

1452     renumbered and amended to read:
1453          [39-6-29].      39A-5-211. Court procedures -- Regulations by governor.
1454          (1) In cases subject to or brought under this chapter, before military courts, or before
1455     other military tribunals, the procedure, including elements of proof, may be prescribed by the
1456     governor [by regulations].
1457          (2) The [regulations shall, as the] governor [considers practicable,] shall promulgate
1458     regulations that apply the principles of law and the rules of evidence generally recognized in
1459     the trial of criminal cases in the courts of the state. However, the regulations may not be
1460     contrary to or inconsistent with this chapter.
1461          Section 68. Section 39A-5-212, which is renumbered from Section 39-6-35 is
1462     renumbered and amended to read:
1463          [39-6-35].      39A-5-212. Military court -- Oath or affirmation.
1464          (1) Before performing their respective duties, an oath or affirmation to perform all
1465     duties faithfully shall be administered to:
1466          (a) military judges[,];
1467          (b) interpreters[,];
1468          (c) members of the court[,];
1469          (d) the trial counsel[,];
1470          (e) the assistant trial counsel[,];
1471          (f) the defense counsel[,];
1472          (g) the assistant defense counsel[,]; and
1473          (h) court reporters [shall take an oath or affirmation to perform their duties faithfully].
1474          (2) (a) The governor shall prescribe by regulation:
1475          (i) the oath or affirmation[,];
1476          (ii) the time and place of taking [either of them,] the oath or affirmation;
1477          (iii) the manner of recording the taking[,]; and
1478          (iv) whether the oath is to be taken for all cases in which these duties are to be
1479     performed or for a specific case.
1480          (b) The regulations may provide that an oath or affirmation to faithfully perform any of
1481     the duties under Subsection (1) except that of court reporter, be taken at any time by any judge
1482     advocate, legal officer, or other [person] individual certified as qualified or competent for the

1483     duty. The regulations may also provide that an oath under this subsection need not again be
1484     taken at the time the judge advocate, legal officer, or other [person] individual having taken an
1485     oath under this section is detailed to that duty.
1486          [(c)] (3) Each witness in a military court shall be examined [on] under oath or
1487     affirmation.
1488          Section 69. Section 39A-5-213, which is renumbered from Section 39-6-34 is
1489     renumbered and amended to read:
1490          [39-6-34].      39A-5-213. Military court -- Challenge for cause -- Peremptory
1491     challenge.
1492          (1) The military judge and members of a military court may be challenged by the
1493     accused or the trial counsel for cause stated to the court. The military judge of the court shall
1494     determine the relevancy and validity of challenges for cause, and may not receive a challenge
1495     to more than one [person] member at a time. Challenges by the trial counsel shall be presented
1496     and decided before those by the accused are offered, unless the judge determines otherwise.
1497          (2) Each accused and the trial counsel are entitled to one peremptory challenge, but the
1498     military judge may not be challenged except for cause. The military judge in his or her
1499     discretion may grant additional peremptory challenges where appropriate.
1500          Section 70. Section 39A-5-214, which is renumbered from Section 39-6-22 is
1501     renumbered and amended to read:
1502          [39-6-22].      39A-5-214. Military court members -- When excused -- Trial
1503     procedure.
1504          (1) A member of a military court may not be absent or excused after the court has been
1505     assembled for the trial of the accused, except because of physical disability, the result of a
1506     challenge, or for good cause by order of the convening authority.
1507          (2) (a) When a military court other than a court composed solely of a military judge is
1508     reduced to fewer than four members, the trial may not proceed unless the convening authority
1509     details new members sufficient to provide not fewer than four members.
1510          (b) When the new members have been sworn, the trial may proceed with the new
1511     members present after the recorded evidence previously introduced before the members of the
1512     court has been read to the court in the presence of the military judge, the accused, and the
1513     counsel for the prosecution and defense.

1514          Section 71. Section 39A-5-215, which is renumbered from Section 39-6-33 is
1515     renumbered and amended to read:
1516          [39-6-33].      39A-5-215. Military court -- Continuance.
1517          The military judge may, upon good cause shown, grant a continuance to trial or defense
1518     counsel for a stated period of time, when a continuance appears to be just.
1519          Section 72. Section 39A-5-216, which is renumbered from Section 39-6-32 is
1520     renumbered and amended to read:
1521          [39-6-32].      39A-5-216. Military court -- Session -- Procedures.
1522          (1) After the service of charges has been referred for trial to a military court composed
1523     of a military judge and panel members, the military judge may, subject to Section [39-6-28]
1524     39A-5-118, call the court into session. The session shall be:
1525          (a) made a part of the record[,]; and [shall be]
1526          (b) in the presence of the accused, the defense counsel, and the trial counsel.
1527          (2) The session may be conducted without the presence of the panel members.
1528          (3) A session under this subsection may be conducted for the following purposes:
1529          (a) hearing and determining motions raising defenses or objections which are capable
1530     of determination without trial of the issues raised by a plea of not guilty;
1531          (b) hearing and ruling upon any matter a military judge under this chapter may rule
1532     upon, whether or not the matter is appropriate for later consideration or decision by the
1533     members of the court;
1534          (c) holding the arraignment and receiving the pleas of the accused, if permitted by
1535     regulations [prescribed] promulgated by the governor or adjutant general; or
1536          (d) performing any other procedural function that may be performed by the military
1537     judge under this chapter or under rules [prescribed] promulgated under Section [39-6-39]
1538     39A-5-219 and which does not require the presence of the members of the court.
1539          [(3)] (4) When the members of a military court deliberate or vote, only the members
1540     may be present.
1541          (5) All other proceedings, including any other consultation of the members of the court
1542     with counsel or the military judge, shall be made a part of the record and shall be in the
1543     presence of the accused, the defense counsel, and the military judge.
1544          Section 73. Section 39A-5-217, which is renumbered from Section 39-6-38 is

1545     renumbered and amended to read:
1546          [39-6-38].      39A-5-217. Plea of not guilty -- Accepted -- Withdrawn.
1547          (1) A plea of not guilty shall be entered in the record, and the court shall proceed as
1548     though the accused [had] pleaded not guilty, if the accused:
1549          (a) after arraignment, makes an irregular pleading;
1550          (b) after a plea of guilty. raises a matter inconsistent with the plea;
1551          (c) has apparently entered the plea of guilty improvidently or through lack of
1552     understanding of its meaning and effect; or
1553          (d) fails or refuses to plead.
1554          (2) (a) A plea of guilty by the accused may not be accepted to any charge or
1555     specification alleging an offense for which a determinate term of one year confinement may be
1556     imposed.
1557          (b) If a plea of guilty has been accepted by the military judge, a finding of guilty, if
1558     permitted by regulations promulgated by the governor, shall be entered immediately without
1559     vote and constitutes the finding of the court.
1560          (c) If the plea of guilty is withdrawn prior to announcement of the sentence, the
1561     proceedings shall continue as though the accused [had] pleaded not guilty.
1562          Section 74. Section 39A-5-218, which is renumbered from Section 39-6-41 is
1563     renumbered and amended to read:
1564          [39-6-41].      39A-5-218. Contempt -- Penalty.
1565          (1) A military court may punish for contempt any [person] individual who uses any
1566     menacing word, sign, or gesture in its presence, or who disturbs its proceedings by any
1567     disorderly conduct.
1568          (2) The punishment may not exceed confinement for three days in the county jail of the
1569     county where the proceedings are held, or a fine of $200, or both.
1570          Section 75. Section 39A-5-219, which is renumbered from Section 39-6-39 is
1571     renumbered and amended to read:
1572          [39-6-39].      39A-5-219. Obtaining evidence and witnesses -- Procedure.
1573          [(1) ]The trial and defense counsel, and the military court, have equal opportunity to
1574     obtain witnesses and other evidence under:
1575          (1) regulations promulgated by the governor[,] or adjutant general[, or];

1576          (2) the applicable rules of civil and criminal procedure; or
1577          (3) state or federal law [prescribe].
1578          [(2) The military court judge may:]
1579          [(a) issue a warrant for the arrest of any accused person who, having been served with a
1580     warrant and a copy of the charges, disobeys a written order by the convening authority to
1581     appear before the court;]
1582          [(b) issue subpoenas duces tecum and other subpoenas;]
1583          [(c) enforce by attachment the attendance of witnesses and the production of books and
1584     papers; and]
1585          [(d) sentence for refusal to be sworn or to answer, as under civil procedure.]
1586          [(3) Process issued in a military court to compel witnesses to appear and testify and to
1587     compel the production of other evidence may be served within the boundaries of the state.]
1588          Section 76. Section 39A-5-220, which is renumbered from Section 39-6-42 is
1589     renumbered and amended to read:
1590          [39-6-42].      39A-5-220. Depositions -- Procedure.
1591          (1) After charges have been signed under Section [39-6-23] 39A-5-114, any party may
1592     take oral or written depositions unless the military judge hearing the case, or if the case is not
1593     being heard, an authority competent to convene a military court for the trial of [those] the
1594     charges prohibits the depositions for good cause.
1595          (2) The party at whose instance a deposition is to be taken shall give to every other
1596     party reasonable written notice of the time and place for taking the deposition.
1597          (3) Depositions may be taken before and authenticated by any military or civil officer
1598     authorized to administer oaths under state law or the law of the jurisdiction where the
1599     deposition is to be taken [to administer oaths].
1600          (4) An authenticated deposition, taken upon reasonable notice to the other parties, may
1601     be read in evidence, to the extent it is admissible under the rules of evidence, before any
1602     military court or any proceeding before a court of inquiry, if [it appears to the court]:
1603          (a) the witness resides or is beyond the state in which the military court or court of
1604     inquiry is ordered to sit, or beyond the distance of 100 miles from the location of the trial or
1605     hearing;
1606          (b) the witness due to death, age, illness, bodily infirmity, imprisonment, military

1607     necessity, nonamenability to process, or other reasonable cause, is unable or refuses to appear
1608     and testify in person at the location of the trial or hearing;
1609          (c) the present location of the witness is unknown; or
1610          (d) the deposition was taken in the physical presence of the accused.
1611          Section 77. Section 39A-5-221, which is renumbered from Section 39-6-43 is
1612     renumbered and amended to read:
1613          [39-6-43].      39A-5-221. Sworn testimony -- Read in evidence.
1614          (1) The sworn testimony of a case which is contained in the authenticated record of
1615     proceedings of a court of inquiry, of [a person] an individual whose oral testimony cannot be
1616     obtained, may be read in evidence by any party before a military court if:
1617          (a) the sworn testimony is otherwise admissible under the rules of evidence;
1618          (b) the accused was a party before the court of inquiry;
1619          (c) the same issue was involved or the accused consents to the introduction of the
1620     evidence; or
1621          (d) the accused was physically present when the testimony was taken.
1622          (2) The testimony may be read in evidence:
1623          (a) before a court of inquiry or a military board; or
1624          (b) by the defense only in cases extending to the dismissal of a commissioned officer.
1625          Section 78. Section 39A-5-222, which is renumbered from Section 39-6-44 is
1626     renumbered and amended to read:
1627          [39-6-44].      39A-5-222. Voting by military court members -- Procedure --
1628     Presumption of innocence -- Reasonable doubt -- Burden of proof.
1629          [(1) (a) Voting by members of a military court on the findings and on the sentence, and
1630     upon questions of challenge, are by secret written ballot.]
1631          [(b) The junior member of the court counts the votes.]
1632          [(c) The count shall be reviewed by the president, who shall immediately announce the
1633     result of the ballot to the members of the court.]
1634          [(2)] (1) (a) The military judge shall rule upon all questions of law and all interlocutory
1635     questions arising during the proceedings.
1636          (b) A ruling made by the military judge upon a question of law or an interlocutory
1637     question, other than the factual issue of mental responsibility of the accused, is final and is the

1638     ruling of the court. However, the military judge may change the ruling at any time during the
1639     trial.
1640          [(3)] (2) Before a vote is taken on the findings, the military judge shall, in the presence
1641     of the accused and counsel, instruct the court as to the elements of the offense and charge the
1642     court that:
1643          (a) the accused [must be] is presumed innocent until [his] guilt is established by legal
1644     and competent evidence beyond reasonable doubt;
1645          (b) if there is reasonable doubt as to the guilt of the accused, the doubt shall be
1646     resolved in favor of the accused, and [he] the accused shall be acquitted;
1647          (c) if there is a reasonable doubt as to the degree of guilt, the finding [must] shall be in
1648     a lower degree, as to which there is no reasonable doubt; and
1649          (d) the burden of proof to establish the guilt of the accused beyond a reasonable doubt
1650     is on the state.
1651          (3) (a) Voting by members of a military court on the findings and on the sentence, and
1652     upon questions of challenge, are by secret written ballot.
1653          (b) The junior member of the court counts the votes.
1654          (c) The count shall be reviewed by the president, who shall immediately announce the
1655     result of the ballot to the members of the court.
1656          (4) (a) [Subsections (1), (2), and (3) do not apply to a court] If the court is composed of
1657     a military judge only, [as] the military judge [of a court] determines all questions of law and
1658     fact arising during the proceedings. If the accused is convicted, the judge imposes the sentence.
1659          (b) The military judge of a court shall make a general finding and shall [in addition],
1660     on request, find the facts specially.
1661          (c) If an opinion or memorandum of decision is filed, it is sufficient if the findings of
1662     fact are included.
1663          Section 79. Section 39A-5-223, which is renumbered from Section 39-6-45 is
1664     renumbered and amended to read:
1665          [39-6-45].      39A-5-223. Vote necessary for conviction or other questions -- Tie
1666     votes.
1667          (1) [A person] The accused may not be convicted of any offense except by a
1668     unanimous verdict of the members of the court present at the time the vote is taken.

1669          (2) [(a)] All other questions decided by the members of a military court are determined
1670     by a majority vote. [However, a] A determination to reconsider a finding of guilty, to
1671     reconsider a sentence, or to decrease [it] a sentence, may be made by any lesser vote which
1672     indicates that the reconsideration is not opposed by the number of votes required for that
1673     finding or sentence.
1674          [(b)] (3) (a) A tie vote on a challenge disqualifies the member challenged.
1675          (b) A tie vote on a motion for a finding of not guilty or on a motion relating to the
1676     question of the accused's sanity is a determination against the accused.
1677          (c) A tie vote on any other question is a determination in favor of the accused.
1678          Section 80. Section 39A-5-224, which is renumbered from Section 39-6-46 is
1679     renumbered and amended to read:
1680          [39-6-46].      39A-5-224. Findings -- Background check prior to sentencing.
1681          (1) A court shall announce its findings and sentence to the parties as soon as
1682     determined.
1683          (2) The court panel may defer sentencing pending an investigation of the background
1684     of the accused to determine a just and appropriate sentence.
1685          Section 81. Section 39A-5-225, which is renumbered from Section 39-6-52 is
1686     renumbered and amended to read:
1687          [39-6-52].      39A-5-225. Finding or sentence -- Error -- Review.
1688          (1) A finding or sentence of a military court may not be held incorrect on the ground of
1689     an error of law unless the error materially prejudices the substantial rights of the accused.
1690          (2) A reviewing authority with the power to approve or affirm a finding of guilty may
1691     approve or affirm that portion of the finding that includes a lesser included offense.
1692          Section 82. Section 39A-5-226, which is renumbered from Section 39-6-47 is
1693     renumbered and amended to read:
1694          [39-6-47].      39A-5-226. Military court records.
1695          (1) (a) Each military court shall maintain a separate record of the proceedings in each
1696     case brought before it. [The] Each record shall be authenticated by the signature of the military
1697     judge.
1698          (b) (i) If the record cannot be authenticated by the military judge due to [his] death,
1699     disability, or absence, it shall be authenticated by the signature of the trial counsel.

1700          (ii) If the trial counsel is unable to authenticate due to [his] death, disability, or
1701     absence, a member of the court panel shall authenticate the record by [his] signature.
1702          (c) In a court of only a military judge, the record shall be authenticated by the court
1703     reporter under the same conditions that a member of a court would authenticate under this
1704     section[,]:
1705          (i) if the proceedings have resulted in an acquittal of all charges and specifications; or[,
1706     if]
1707          (ii) if the proceedings are not affecting a general or flag officer, [in] for a sentence that
1708     does not [including] include a discharge and is not in excess of that which may be prescribed
1709     by regulations of the governor.
1710          (2) A copy of the record of the proceedings of each court shall be given to the accused
1711     as soon as it is authenticated.
1712          (3) The expense in preparing and transmitting the record shall be by regulations
1713     prescribed by the governor or the adjutant general.
1714          Section 83. Section 39A-5-227, which is renumbered from Section 39-6-53 is
1715     renumbered and amended to read:
1716          [39-6-53].      39A-5-227. Trial record forwarded to convening authority.
1717          After a trial by a military court, the record shall be forwarded to the convening
1718     authority, as the reviewing authority. Action on the record may be taken by the [person who
1719     convened the court] convening authority, a commissioned officer commanding at that time, a
1720     successor in command, or by the governor.
1721          Section 84. Section 39A-5-228, which is renumbered from Section 39-6-54 is
1722     renumbered and amended to read:
1723          [39-6-54].      39A-5-228. Convening authority refers record to SJA -- Opinion.
1724          The convening authority shall refer the record of each military court to the SJA, who
1725     shall submit a written opinion to the convening authority. If the final action of the court is an
1726     acquittal of all charges and specifications, the opinion is limited to questions of jurisdiction.
1727          Section 85. Section 39A-5-229, which is renumbered from Section 39-6-55 is
1728     renumbered and amended to read:
1729          [39-6-55].      39A-5-229. Specification dismissal -- No finding of not guilty --
1730     Procedure.

1731          (1) If a specification before a military court has been dismissed on motion and the
1732     ruling does not amount to a finding of not guilty, the convening authority may return the record
1733     to the court for reconsideration of the ruling and any further appropriate action.
1734          (2) If there is an apparent error or omission in the record or the record shows improper
1735     or inconsistent action by a court martial regarding a finding or sentence, that may be rectified
1736     without material prejudice to the substantial rights of the accused, the convening authority may
1737     return the record to the court for appropriate action. However, the record may not be returned
1738     for:
1739          (a) reconsideration of a finding of not guilty of any specification, or a ruling which
1740     amounts to a finding of not guilty;
1741          (b) reconsideration of a finding of not guilty of any charge unless the record shows a
1742     finding of guilty under a specification laid under that charge, which sufficiently alleges a
1743     violation of a provision of this chapter; or
1744          (c) increasing the severity of the sentence.
1745          Section 86. Section 39A-5-230, which is renumbered from Section 39-6-56 is
1746     renumbered and amended to read:
1747          [39-6-56].      39A-5-230. Rehearing ordered by convening authority -- Grounds --
1748     Procedure.
1749          (1) (a) If the convening authority disapproves the findings and sentence of a military
1750     court [he may, except if], the convening authority may, unless there is a lack of sufficient
1751     evidence in the record to support the findings, order a rehearing, and [shall] state the reasons
1752     for disapproval.
1753          (b) If [he] the convening authority disapproves the findings and sentence and does not
1754     order a rehearing, [he shall dismiss] the charges shall be dismissed.
1755          (2) (a) Each rehearing shall take place before a military court composed of members
1756     who are not members of the military court that [first] originally heard the case.
1757          (b) At a rehearing, the accused may not be tried for any offense [of] for which [he was
1758     found] a verdict of not guilty was returned by the [first] original military court.
1759          (3) A sentence imposed may not exceed or be more severe than the original sentence,
1760     unless based on a finding of guilty regarding an offense not considered on the merits in the
1761     original proceedings.

1762          Section 87. Section 39A-5-231, which is renumbered from Section 39-6-58 is
1763     renumbered and amended to read:
1764          [39-6-58].      39A-5-231. Convening authority review -- Action by governor final
1765     -- SJA review -- Appeal of final action.
1766          (1) When the governor is the convening authority, the governor's action on the review
1767     of a record of trial is final.
1768          (2) The state judge advocate shall review the record of trial in each case prior to final
1769     action being taken.
1770          (3) The SJA shall make a written review and recommendation on legal issues to the
1771     convening authority for [its] consideration prior to final action in any case.
1772          (4) In a case subject to review by the SJA under this section, the SJA shall submit an
1773     opinion regarding any errors committed during the trial and an analysis of the legal effect of the
1774     error to the convening authority prior to [its] the convening authority's affirmation and action
1775     regarding the findings and sentence in the case.
1776          (5) The convening authority may affirm only findings of guilty and the sentence or part
1777     of the sentence that:
1778          (a) is correct in law and fact; and
1779          (b) should be approved, based on the entire record and the advice of the SJA, and any
1780     rebuttal submitted by the accused or defense counsel.
1781          (6) In considering the record, the convening authority may weigh the evidence, judge
1782     the credibility of witnesses, and determine controverted questions of fact, recognizing that the
1783     trial court saw and heard the testimony of the witnesses.
1784          (7) If the convening authority sets aside the findings and sentence:
1785          (a) a rehearing may be ordered, except when the decision to set aside is based on a lack
1786     of sufficient evidence in the record to support the findings; or
1787          (b) if a rehearing is not ordered, the charges shall be dismissed.
1788          (8) (a) Final action approved by the convening authority may be appealed directly to
1789     the Utah Court of Appeals.
1790          (b) Notice of appeal shall be filed within 30 days after the final action has been taken
1791     by the convening authority.
1792          Section 88. Section 39A-5-232, which is renumbered from Section 39-6-59 is

1793     renumbered and amended to read:
1794          [39-6-59].      39A-5-232. Military court sentence -- Execution by convening
1795     authority.
1796          (1) Except under Sections [39-6-17 and 39-6-58] 39A-5-306 and 39A-5-231, a military
1797     court sentence may be ordered executed by the convening authority when approved [by him],
1798     unless suspended or deferred.
1799          (2) The convening authority [shall, in his] has discretion[,] to approve the sentence or
1800     [the] a part or commuted form of the sentence.
1801          (3) After [his] approval, [he] the convening authority may suspend the execution of the
1802     sentence.
1803          Section 89. Section 39A-5-233, which is renumbered from Section 39-6-61 is
1804     renumbered and amended to read:
1805          [39-6-61].      39A-5-233. Probation violation -- Hearing -- Counsel -- Execution of
1806     suspended sentence.
1807          (1) Probation imposed as a result of a suspended sentence may be vacated by the
1808     convening authority.
1809          (2) (a) Before [the vacation of the suspension of] a suspended military court sentence
1810     may be vacated, the officer holding convening authority jurisdiction over the probationer shall
1811     hold a hearing on the alleged violation of probation.
1812          (b) The probationer shall be represented by counsel at the hearing.
1813          [(2)] (3) (a) The record of the hearing and the recommendation of the officer having
1814     jurisdiction shall be sent for action to:
1815          (i) the governor in cases involving a military court sentence of confinement[, and]; or
1816          (ii) in all other cases, to the commanding officer of the [unit of the] National Guard
1817     unit of which the probationer is a member[, in all other cases].
1818          (b) If the governor or commanding officer vacates the suspension, any unexecuted part
1819     of the sentence except a dismissal shall be executed.
1820          [(3)] (4) The suspension of any other sentence may be vacated by any authority for the
1821     command in which the accused is serving or assigned that is competent to convene[, for the
1822     command in which the accused is serving or assigned,] a court that imposed the sentence.
1823          Section 90. Section 39A-5-234, which is renumbered from Section 39-6-62 is

1824     renumbered and amended to read:
1825          [39-6-62].      39A-5-234. Petition for new trial -- Grounds.
1826          Within 30 days after approval by the convening authority of a military court sentence,
1827     the accused may petition the convening authority for a new trial on the ground of newly
1828     discovered evidence or fraud on the court.
1829          Section 91. Section 39A-5-235, which is renumbered from Section 39-6-37 is
1830     renumbered and amended to read:
1831          [39-6-37].      39A-5-235. Second trial on an offense prohibited.
1832          (1) [A person] An individual may not, without [his] the individual's written consent, be
1833     brought to trial a second time in any military or civilian court of the state for the same offense.
1834          (2) A proceeding in which an accused has been found guilty by a military court upon
1835     any charge or specification, is not a trial under this section until the finding of guilty has
1836     become final and the review of the case has been completed.
1837          (3) A proceeding that, after the introduction of evidence but before a finding, is
1838     dismissed or terminated by the convening authority or on motion of the prosecution for failure
1839     of available evidence or witnesses without any fault of the accused is a trial under this section.
1840          Section 92. Section 39A-5-236, which is renumbered from Section 39-6-63 is
1841     renumbered and amended to read:
1842          [39-6-63].      39A-5-236. Sentence -- Vacation or suspension.
1843          (1) A convening authority may [remit] vacate or suspend any part or amount of the
1844     unexecuted portion of the sentence, including all uncollected forfeitures.
1845          (2) The governor may for good cause shown substitute an administrative form of a
1846     discharge for a bad conduct discharge or dismissal executed under a military court sentence.
1847          Section 93. Section 39A-5-237, which is renumbered from Section 39-6-64 is
1848     renumbered and amended to read:
1849          [39-6-64].      39A-5-237. Sentence set aside -- Rights restored.
1850          (1) Under rules prescribed by the governor or the adjutant general all rights, privileges,
1851     and property affected by an executed portion of a military court sentence which has been set
1852     aside or disapproved, except an executed dismissal or discharge, shall be restored unless a new
1853     trial or rehearing is ordered and the executed part is included in a sentence imposed upon the
1854     new trial or rehearing.

1855          (2) If a previously executed sentence of bad conduct discharge is not imposed in a new
1856     trial, the governor shall substitute a discharge authorized for administrative issue, unless the
1857     accused is serving the remainder of his or her enlistment.
1858          (3) (a) If a previously executed sentence of dismissal is not imposed in a new trial, the
1859     governor shall substitute a discharge authorized for administrative issue.
1860          (b) [The] A commissioned officer dismissed by [the] a sentence may be reappointed by
1861     the governor to the grade and rank [he] the commissioned officer had attained, if a position is
1862     available under the applicable organization.
1863          (c) Time between the dismissal and reappointment is considered service for all
1864     purposes.
1865          Section 94. Section 39A-5-238, which is renumbered from Section 39-6-65 is
1866     renumbered and amended to read:
1867          [39-6-65].      39A-5-238. Finality of military court judgments.
1868          (1) The proceedings, findings, and sentence a military court has reviewed and approved
1869     under this chapter, and all dismissals and discharges executed under sentences by military court
1870     following review and approval under this chapter, are final and conclusive.
1871          (2) Orders publishing the proceedings of military court and all action taken pursuant to
1872     those proceedings are binding upon all departments, courts, agencies, and officers of the state,
1873     subject only to action upon a petition for new trial under Section [39-6-62] 39A-5-234.
1874          Section 95. Section 39A-5-239, which is renumbered from Section 39-6-107 is
1875     renumbered and amended to read:
1876          [39-6-107].      39A-5-239. Courts of inquiry.
1877          (1) Courts of inquiry to investigate any matter may be convened by the governor or his
1878     designee, whether or not the [persons] individuals involved have requested the inquiry.
1879          (2) A court of inquiry consists of three or more commissioned officers. For each court,
1880     the convening authority shall also appoint counsel for the court.
1881          (3) (a) [A person] An individual subject to this chapter whose conduct is subject to
1882     inquiry shall be designated as a party. [A person] An individual subject to this chapter or
1883     employed by the National Guard, who has a direct interest in the subject of inquiry, has the
1884     right to be designated as a party upon request to the court.
1885          (b) [A person] An individual designated as a party shall be given due notice and has the

1886     right to be present, represented by counsel, to have counsel appointed, to cross examine
1887     witnesses, and to introduce evidence.
1888          (4) Members of a court of inquiry may be challenged by a party, but only for cause
1889     stated to the court.
1890          (5) The members, counsel, [the] reporter, and interpreters of a court of inquiry shall
1891     take an oath or affirmation to faithfully perform [their duties] the duties required under this
1892     section.
1893          (6) Witnesses may be summoned to appear and testify and be examined before a court
1894     of inquiry, under the same provisions as for a military court.
1895          (7) A court of inquiry shall make findings of fact but may not express opinions or make
1896     recommendations, unless required to do so by the convening authority.
1897          (8) (a) A court of inquiry shall keep a record of [its] the court's proceedings, which
1898     shall be authenticated by the signatures of the president and counsel for the court and
1899     forwarded to the convening authority.
1900          (b) (i) If the record cannot be authenticated by the president, it shall be signed by a
1901     member in lieu of the president.
1902          (ii) If the record cannot be authenticated by the counsel for the court, it shall be
1903     authenticated by a member in lieu of the counsel.
1904          Section 96. Section 39A-5-301, which is renumbered from Section 39-6-49 is
1905     renumbered and amended to read:
1906     
Part 3. Military Punishments

1907          [39-6-49].      39A-5-301. Military punishments -- Limits of punishment -- Cruel
1908     and unusual punishments -- Use of irons.
1909          (1) Punishment directed by a military court for an offense may not exceed limits
1910     prescribed under [Section 39-1-38.5] Subsection (2) or lesser limits prescribed by the governor
1911     [may prescribe] for the offense.
1912          (2) A military court may impose upon an accused any of the following after conviction
1913     for an offense:
1914          (a) incarceration in a county jail for no longer than one year;
1915          (b) a fine of not more than $2,500;
1916          (c) forfeiture of pay of not more than $2,500;

1917          (d) detention of pay equivalent to three months' pay for a period not to exceed one
1918     year;
1919          (e) arrest in quarters for officers;
1920          (f) restriction to specified limits for enlisted members;
1921          (g) extra duty for not more than 60 consecutive days;
1922          (h) reprimand;
1923          (i) reduction of enlisted members to the lowest enlisted grade;
1924          (j) a bad conduct discharge for enlisted members;
1925          (k) dismissal for officers;
1926          (l) restitution to any individual or entity injured as a result of the accused's conduct; or
1927          (m) any combination of Subsections (2)(a) through (2)(l).
1928          (3) Cruel or unusual punishments, including flogging, branding, marking, or tattooing
1929     on the body may not be imposed by any court or inflicted upon any individual subject to this
1930     chapter.
1931          (4) Single or double irons may not be used unless necessary for safe custody.
1932          Section 97. Section 39A-5-302, which is renumbered from Section 39-6-14 is
1933     renumbered and amended to read:
1934          [39-6-14].      39A-5-302. Nonjudicial punishment.
1935          (1) The governor and the adjutant general of Utah may prescribe regulations governing
1936     the administration of nonjudicial punishment. The imposition and enforcement of disciplinary
1937     punishment under this section for any act or omission is not a bar to trial by a civilian court of
1938     competent jurisdiction.
1939          (2) A service member subject to this chapter may request trial by military court in lieu
1940     of nonjudicial punishment at any time prior to imposition of nonjudicial punishment.
1941          (a) Upon receipt of a timely request for trial by military court in lieu of nonjudicial
1942     punishment, the commanding officer may grant the request, or deny the request and continue
1943     with nonjudicial punishment proceedings. If the commander denies the member's request for
1944     trial by military court, the commander may not impose limitations on personal liberty as a
1945     punishment under nonjudicial punishment proceedings. For purposes of this section,
1946     punishments imposing limitations on personal liberty include restriction to specific limited
1947     areas and extra duties.

1948          (b) Denial of a request for trial by military court in lieu of nonjudicial punishment does
1949     not create a private right of action and is not subject to judicial review.
1950          (3) Any commanding officer in the [Utah] National Guard may, in addition to a
1951     reprimand, impose one or more of the punishments under this section without the intervention
1952     of a military court.
1953          (a) Forfeiture of pay shall be calculated based on the monthly amount a service
1954     member would receive as base pay if on active duty.
1955          (b) If a reduction of pay grade is imposed, forfeiture of pay is based on the grade to
1956     which the service member was reduced even if the reduction was suspended.
1957          (4) Punishment imposed by the governor, a general officer, or a full colonel upon
1958     officers within the general officer's or full colonel's command may include:
1959          (a) forfeiture of not more than one-half of one month's pay per month for three months;
1960     and
1961          (b) restriction to specific limited areas, with or without suspension from duty, for not
1962     more than 60 consecutive days.
1963          (5) Punishment imposed by the governor, a general officer, or a full colonel upon
1964     enlisted personnel within the general officer's or full colonel's command may include:
1965          (a) forfeiture of not more than one-half of one month's pay per month for two months;
1966          (b) reduction of one or more pay grades if the imposing commander holds promotion
1967     authority over the grade from which the enlisted [person] member was demoted, but an enlisted
1968     member in a pay grade above E-4 may not be reduced more than two pay grades;
1969          (c) extra duties, including fatigue or other duties, for not more than 60 consecutive
1970     days; and
1971          (d) restriction to specific limited areas, with or without suspension from duty, for not
1972     more than 60 consecutive days.
1973          (6) Punishment imposed by a commander of the grade of lieutenant colonel or major
1974     upon enlisted personnel within the lieutenant colonel's or major's command may include:
1975          (a) forfeiture of not more than one-half of one month's pay per month for two months;
1976          (b) reduction of no more than two pay grades if the imposing commander holds
1977     promotion authority over the grade from which the enlisted [person] member was demoted;
1978          (c) extra duties, including fatigue or other duties, for not more than 45 consecutive

1979     days; and
1980          (d) restriction to specific limited areas, with or without suspension of duty, for not
1981     more than 45 consecutive days.
1982          (7) Punishment imposed by a commander of the grade of captain or lieutenant upon
1983     enlisted personnel within the captain's or lieutenant's command may include:
1984          (a) forfeiture of not more than one-half of one month's pay for one month;
1985          (b) extra duties, including fatigue or other duties, for not more than 30 consecutive
1986     days;
1987          (c) restriction to specific limited areas, with or without suspension from duty, for not
1988     more than 30 consecutive days; and
1989          (d) reduction of one pay grade if the imposing commander holds promotion authority
1990     over the grade from which the enlisted [person] member was demoted.
1991          (8) Punishments of restriction to specific limited areas and extra duty may be combined
1992     to run concurrently, but the combination may not exceed the maximum duration imposable for
1993     extra duty.
1994          (9) (a) The imposing commander or a successor in command may, at any time, suspend
1995     by probation:
1996          (i) all or any part of the amount of the unexecuted punishment; and
1997          (ii) a reduction in grade or a forfeiture imposed, whether or not executed.
1998          (b) The imposing commander or a successor in command shall set the terms of
1999     probation for any suspended punishment.
2000          (c) The imposing commander or a successor in command may, at any time, [remit]
2001     vacate or mitigate any part or amount of the unexecuted punishment. The imposing
2002     commander or a successor in command may also set aside in whole or in part the findings,
2003     punishment, or both, whether executed or unexecuted, and restore all rights, privileges, and
2004     affected property.
2005          (d) The imposing commander or a successor in command may mitigate reduction in
2006     grade to forfeiture of pay. Extra duties may be mitigated to restriction.
2007          (e) A mitigated punishment may not span a greater period of time than the original
2008     punishment.
2009          (f) When mitigating a reduction in grade to forfeiture of pay, the amount of the

2010     forfeiture may not exceed the maximum allowable forfeiture the imposing commander could
2011     have originally imposed.
2012          (10) (a) A service member punished under this section may appeal to the next superior
2013     commander in the service member's chain of command. The next superior commander shall
2014     conduct a de novo review of both the findings and punishment under procedures provided by
2015     regulation. The next superior commander may modify or set aside the findings or punishment,
2016     having the same options afforded the imposing commander as described in this section. In no
2017     case may the next superior commander increase the severity of the findings or the amount of
2018     punishment originally imposed.
2019          (b) If two levels of command exist above the imposing commander, the service
2020     member, having exhausted the service member's first level of appeal, may appeal to the next
2021     superior commander. If the matter originates with the governor, the adjutant general, or one
2022     level of command below the adjutant general, no right to a second appeal exists. The decision
2023     of the adjutant general on an appeal of nonjudicial punishment is final and is not subject to
2024     further appeal or judicial review.
2025          (c) The decision of the governor or the adjutant general to impose nonjudicial
2026     punishment upon a service member is final and is not subject to further appeal or judicial
2027     review.
2028          (d) The imposing commander shall promptly forward any appeal to the next superior
2029     commander. During the course of the appeal, the imposing commander may require the
2030     appellant to submit to the imposed punishment.
2031          (11) A superior commander shall first obtain a legal review from a judge advocate of
2032     the Utah National Guard before acting on an appeal from any of the following imposed
2033     punishments:
2034          (a) forfeiture of more than seven day's pay;
2035          (b) reduction of one or more pay grades;
2036          (c) extra duties for more than 14 days; or
2037          (d) restriction for more than 14 days.
2038          (12) Punishments imposed under this section, except forfeiture of pay, may not extend
2039     beyond the termination of the duty status of the punished individual.
2040          Section 98. Section 39A-5-303, which is renumbered from Section 39-6-110 is

2041     renumbered and amended to read:
2042          [39-6-110].      39A-5-303. Fines.
2043          (1) Fines imposed by a military court may be paid to [a] the military court or to an
2044     officer executing [its] process for the court. The amount of the fine may be noted upon any
2045     state roll or account for pay of the delinquent and deducted from any pay or allowance due or to
2046     become due to [him] the individual fined, until the fine is completely paid.
2047          (2) Any sum deducted shall be turned in to the military court which imposed the fine
2048     and shall be paid by the officer receiving it under the same procedure as for fines and other
2049     money collected under a sentence of a military court.
2050          (3) A fine or penalty imposed by a military court upon an officer or enlisted [person]
2051     member shall be paid by the officer collecting it to the state General Fund[,] within 30 days.
2052          Section 99. Section 39A-5-304, which is renumbered from Section 39-6-50 is
2053     renumbered and amended to read:
2054          [39-6-50].      39A-5-304. Forfeiture of pay as sentence.
2055          (1) When a lawful and approved sentence of a court includes a forfeiture of pay or
2056     allowances in addition to confinement that is not suspended or deferred, the forfeiture may
2057     apply to pay or allowances becoming due on or after the date the sentence is approved by the
2058     convening authority.
2059          (2) A forfeiture may not extend to any pay or allowances [acquired] received before
2060     that date.
2061          Section 100. Section 39A-5-305, which is renumbered from Section 39-6-51 is
2062     renumbered and amended to read:
2063          [39-6-51].      39A-5-305. Confinement as sentence -- Penal institutions.
2064          (1) A sentence of confinement imposed by a military court, whether or not it includes
2065     discharge or dismissal and whether or not the discharge or dismissal has been executed, may be
2066     carried into execution by confinement in any place of confinement under the control of any of
2067     the forces of the National Guard or in any [jail, penitentiary, or prison under the control] penal
2068     institution of the state or of any political subdivision of the state.
2069          (2) If the words "hard labor" are not included in a sentence or punishment imposed by a
2070     court martial imposing confinement, the authority executing the sentence or punishment is not
2071     prohibited from requiring hard labor as a part of the sentence or punishment.

2072          (3) The [keepers,] officers, sheriffs, and [wardens of] penal institutions of the state and
2073     [its] any political subdivisions of the state designated by the governor or his designee under
2074     Section [39-6-10] 39A-5-111 shall:
2075          (a) receive [persons] individuals ordered into confinement before trial and [persons]
2076     individuals committed to confinement by a military court;
2077          (b) confine them according to law; and
2078          (c) receive or confine [a person] an individual under this chapter without assessing any
2079     fee or charge.
2080          Section 101. Section 39A-5-306, which is renumbered from Section 39-6-17 is
2081     renumbered and amended to read:
2082          [39-6-17].      39A-5-306. Bad conduct discharge or dismissal -- Approval by
2083     governor.
2084          (1) A sentence imposing dismissal or bad conduct discharge against a member of the
2085     National Guard who is not in federal service may not be executed until it is approved by the
2086     governor.
2087          (2) A discharge or dismissal may not be imposed by any military court unless a
2088     complete written record of the proceedings has been made and is available for consideration of
2089     the military court.
2090          Section 102. Section 39A-6-101, which is renumbered from Section 39-7-102 is
2091     renumbered and amended to read:
2092     
CHAPTER 6. UTAH SERVICE MEMBERS' CIVIL RELIEF ACT

2093          [39-7-102].      39A-6-101. Utah Service Members' Civil Relief Act -- Definitions.
2094          As used in this chapter:
2095          (1) "Dependent" means the spouse and children of a service member or any other
2096     [person] individual dependent upon the service member for support.
2097          (2) "Interest" includes service charges, renewal charges, fees, or any other charges in
2098     respect to any obligation or liability.
2099          (3) "Service member" means any member of the Utah National Guard or Utah State
2100     Defense Force serving on active military service in an organized military unit.
2101          [(3) "Military] (4) "State military service" means active, full-time service with a
2102     recognized military unit called into service by the governor for at least 30 days.

2103          [(4) "Service member" means any member of the National Guard serving on active
2104     military service in an organized military unit.]
2105          Section 103. Section 39A-6-102 is enacted to read:
2106          39A-6-102. Application of this chapter.
2107          (1) Military members of the National Guard or the Defense Force, when ordered to
2108     state military service by the governor have the same rights and protections as provided by
2109     federal law for activation to federal military service.
2110          (2) Proper application of this chapter shall suspend or postpone actions upon certain
2111     obligations until 60 days after discharge from active, full-time state military service.
2112          Section 104. Section 39A-6-103, which is renumbered from Section 39-7-119 is
2113     renumbered and amended to read:
2114          [39-7-119].      39A-6-103. Rulemaking authority.
2115          The [Adjutant General] adjutant general may make rules in accordance with Title 63G,
2116     Chapter 3, Utah Administrative Rulemaking Act, to implement this chapter.
2117          Section 105. Section 39A-6-104, which is renumbered from Section 39-7-104 is
2118     renumbered and amended to read:
2119          [39-7-104].      39A-6-104. Reopening default judgments.
2120          (1) A default judgment rendered in any civil action against a service member during a
2121     period of state military service or within 30 days after termination of the state military service
2122     may be set aside if:
2123          (a) it appears that the [person] service member was prejudiced by reason of [his] the
2124     service member's state military service in making a defense to the action;
2125          (b) application by the [person] service member or [his] the service member's legal
2126     representative is made to the court rendering the judgment not later than 60 days after the
2127     termination of the service member's state military service; and
2128          (c) the application provides enough facts that it appears that the defendant has a
2129     meritorious or legal defense to the action or some part of the action.
2130          (2) Vacating, setting aside, or reversing any judgment because of any of the provisions
2131     of this chapter may not impair any right or title acquired by any bona fide purchaser for value
2132     under the judgment.
2133          Section 106. Section 39A-6-105, which is renumbered from Section 39-7-105 is

2134     renumbered and amended to read:
2135          [39-7-105].      39A-6-105. Stay of proceedings.
2136          (1) If at any point during an action or proceeding it appears that a plaintiff or defendant
2137     is a service member and in the conduct of the proceedings may be adversely affected by [his]
2138     the service member's state military service, the court may, on its own motion, stay the
2139     proceedings.
2140          (2) The court may stay the proceedings if the service member or another [person]
2141     individual on [his] the service member's behalf makes a request in writing to the court, unless
2142     the court determines on the record that the ability of the plaintiff to pursue the action or the
2143     defendant to conduct [his] a defense is not materially affected by reason of [his] the service
2144     member's state military service.
2145          Section 107. Section 39A-6-106, which is renumbered from Section 39-7-106 is
2146     renumbered and amended to read:
2147          [39-7-106].      39A-6-106. Fines and penalties on contracts.
2148          (1) If compliance with the terms of a contract is stayed pursuant to this chapter, a fine
2149     or penalty may not accrue by reason of failure to comply during the period of the stay.
2150          (2) If a service member has not obtained a stay and a fine or penalty is imposed for
2151     nonperformance of an obligation, a court may relieve enforcement if the service member was in
2152     state military service when the penalty was incurred and [his] the service member's ability to
2153     pay or perform was materially impaired.
2154          Section 108. Section 39A-6-107, which is renumbered from Section 39-7-107 is
2155     renumbered and amended to read:
2156          [39-7-107].      39A-6-107. Exercise of rights not to affect future financial
2157     transactions.
2158          Application by a service member in state military service for, or receipt of, a stay,
2159     postponement, or suspension under the provisions of this chapter in the payment of any fine,
2160     penalty, insurance premium, or other civil obligation or liability may not be used for any of the
2161     following:
2162          (1) a determination by any lender or other person that the service member is unable to
2163     pay any civil obligation or liability in accordance with its terms;
2164          (2) with respect to a credit transaction between a creditor and a service member:

2165          (a) a denial or revocation of credit by the creditor;
2166          (b) a change by the creditor in the terms of an existing credit arrangement; or
2167          (c) a refusal by the creditor to grant credit to the service member in substantially the
2168     amount or on substantially the terms requested; or
2169          (3) an adverse report relating to the creditworthiness of the service member by or to
2170     any person or entity engaged in the practice of assembling or evaluating consumer credit
2171     information.
2172          Section 109. Section 39A-6-108, which is renumbered from Section 39-7-108 is
2173     renumbered and amended to read:
2174          [39-7-108].      39A-6-108. Stay of execution of judgment.
2175          Unless the court determines on the record that the ability of the service member to
2176     comply with the judgment or order entered or sought is not materially affected by reason of
2177     [his] the service member's state military service, the court may, on its own motion, or upon
2178     application [to it] by the service member or another [person on his] individual on the service
2179     member's behalf:
2180          (1) stay the execution of any judgment or order entered against the service member, as
2181     provided in this chapter; and
2182          (2) vacate or stay any attachment or garnishment of property, money, or debts in the
2183     hands of another, whether before or after judgment as provided in this chapter.
2184          Section 110. Section 39A-6-109, which is renumbered from Section 39-7-109 is
2185     renumbered and amended to read:
2186          [39-7-109].      39A-6-109. Duration of stays.
2187          (1) Any stay of any action, proceeding, attachment, or execution, ordered by any court
2188     under the provisions of this chapter may be ordered for the period of state military service plus
2189     60 days after its termination or any part of that time period.
2190          (2) [Where] If the service member in state military service is a codefendant with others,
2191     the plaintiff may, with leave of the court, proceed against the others.
2192          Section 111. Section 39A-6-110, which is renumbered from Section 39-7-110 is
2193     renumbered and amended to read:
2194          [39-7-110].      39A-6-110. Statutes of limitations affected by state military service.
2195          The period of state military service is not included in computing any period limited by

2196     law, rule, or order for the bringing of any action or proceeding in any court, board, bureau,
2197     commission, department, or other agency of government by or against any [person] individual
2198     in state military service or by or against [his] the service member's heirs, executors,
2199     administrators, or assigns, whether the cause of action or the right or privilege to institute the
2200     action or proceeding has accrued prior to or during the period of state military service.
2201          Section 112. Section 39A-6-111, which is renumbered from Section 39-7-111 is
2202     renumbered and amended to read:
2203          [39-7-111].      39A-6-111. Maximum rate of interest.
2204          An obligation or liability bearing interest at a rate in excess of six percent per year
2205     incurred by a service member in state military service before [his] the service member's entry
2206     into state military service may not, during any part of the period of state military service, bear
2207     interest at a rate in excess of six percent per year unless, in the opinion of the court and upon
2208     application to the court by the obligee, the ability of the service member to pay interest upon
2209     the obligation or liability at a rate in excess of six percent per year is not materially affected by
2210     reason of [his] the service member's service. The court may make any order in the action that,
2211     in [its] the court's opinion, is just.
2212          Section 113. Section 39A-6-112, which is renumbered from Section 39-7-112 is
2213     renumbered and amended to read:
2214          [39-7-112].      39A-6-112. Dependent benefits.
2215          Dependents of a service member in state military service are entitled to the benefits
2216     accorded to service members in state military service under the provisions of Sections
2217     [39-7-113 through 39-7-117] 39A-6-113 through 39A-6-117 upon application to a court,
2218     unless, in the opinion of the court, the ability of the dependents to comply with the terms of the
2219     obligation, contract, lease, or bailment has not been materially impaired by reason of the state
2220     military service of the service member upon whom the applicants are dependent.
2221          Section 114. Section 39A-6-113, which is renumbered from Section 39-7-113 is
2222     renumbered and amended to read:
2223          [39-7-113].      39A-6-113. Eviction or distress of dependents.
2224          (1) A landlord may not evict or take and hold property of a service member or the
2225     service member's dependents for nonpayment of rent during the period of state military service
2226     if the rent on the premises occupied by the service member or the service member's dependents

2227     is less than $2,400 per month unless a court allows it after application to the court and an order
2228     granted in an action or proceeding affecting the right of possession.
2229          (2) In any action affecting the right of possession, the court may, on its own motion,
2230     stay the proceedings for not longer than three months, or make any order the court determines
2231     to be reasonable and just under the circumstances, unless the court finds that the ability of the
2232     tenant to pay the agreed rent is not materially affected by reason of the service member's state
2233     military service.
2234          (3) When a stay is granted or other order is made by the court, the owner of the
2235     premises shall be entitled, upon application, to relief with respect to the premises similar to that
2236     granted service members in military service in Sections [39-7-114 through 39-7-116]
2237     39A-6-114 through 39A-6-116 to the extent and for any period as the court determines to be
2238     just and reasonable under the circumstances.
2239          (4) Any person who knowingly takes part in any eviction or distress otherwise than as
2240     provided in Subsection (1), or attempts to do so, is guilty of a class B misdemeanor.
2241          (5) The governor is empowered to order an allotment of the pay of a service member in
2242     state military service in reasonable proportion to discharge the rent of premises occupied for
2243     dwelling purposes by any dependents of the service member.
2244          Section 115. Section 39A-6-114, which is renumbered from Section 39-7-114 is
2245     renumbered and amended to read:
2246          [39-7-114].      39A-6-114. Installment contracts.
2247          (1) The creditor of a service member who, prior to entry into state military service, has
2248     entered into an installment contract for the purchase of real or personal property may not
2249     terminate the contract or repossess the property for nonpayment or any breach occurring during
2250     military service without an order from a court of competent jurisdiction.
2251          (2) The court, upon application to it under this section, may, unless the court finds on
2252     the record that the ability of the service member to comply with the terms of the contract is not
2253     materially affected by reason of the service member's state military service:
2254          (a) order repayment of any prior installments or deposits as a condition of terminating
2255     the contract and resuming possession of the property;
2256          (b) order a stay of the proceedings on [its] the court's own motion, or on motion by the
2257     service member or another [person] individual on the service member's behalf; or

2258          (c) make any other disposition of the case [it] the court considers to be equitable to
2259     conserve the interests of all parties.
2260          (3) Any person who knowingly repossesses property which is the subject of this section
2261     other than as provided in Subsection (1) is guilty of a class B misdemeanor.
2262          Section 116. Section 39A-6-115, which is renumbered from Section 39-7-115 is
2263     renumbered and amended to read:
2264          [39-7-115].      39A-6-115. Mortgage foreclosures.
2265          (1) The creditor of a service member who[, prior to entry into military service, has]
2266     entered into a mortgage contract with the service member or the service member's dependent
2267     for the purchase of real or personal property prior to the service member's entry into state
2268     military service may not foreclose on the mortgage or repossess the property for nonpayment or
2269     any breach occurring during the service member's state military service without an order from a
2270     court of competent jurisdiction.
2271          (2) The court, upon an application [to it] under this section, may, unless the court finds
2272     on the record that the ability of the service member to comply with the terms of the mortgage is
2273     not materially affected by reason of the service member's state military service:
2274          (a) order repayment of any prior installments or deposits as a condition of terminating
2275     the contract and resuming possession of the property;
2276          (b) order a stay of the proceedings on [its] the court's own motion, or on motion by the
2277     service member or another [person] individual on the service member's behalf; or
2278          (c) make any other disposition of the case as [it] the court considers to be equitable to
2279     conserve the interests of all parties.
2280          (3) In order to come within the provisions of this section, the service member or
2281     dependent shall establish the following:
2282          (a) that relief is sought on an obligation secured by a mortgage, trust deed, or other
2283     security in the nature of a mortgage on either real or personal property;
2284          (b) that the obligation originated prior to the service member's entry into state military
2285     service;
2286          (c) that the property was owned by the service member or the service member's
2287     dependent prior to the commencement of state military service; and
2288          (d) that the property is still owned by the service member or the service member's

2289     dependent at the time relief is sought.
2290          (4) Any person who knowingly forecloses on property which is the subject of this
2291     section other than as provided in Subsection (1) is guilty of a class B misdemeanor.
2292          Section 117. Section 39A-6-116, which is renumbered from Section 39-7-116 is
2293     renumbered and amended to read:
2294          [39-7-116].      39A-6-116. Application for relief.
2295          (1) A [person] service member may, at any time during [his] the service member's
2296     period of state military service or within 60 days after discharge or termination, apply to a court
2297     for relief in respect of any obligation or liability incurred by the [person] service member prior
2298     to [his] the service member's period of military service.
2299          (2) The court, after appropriate notice and hearing, unless in [its] the court's opinion
2300     the ability of the applicant to comply with the terms of the obligation or liability has not been
2301     materially affected by reason of [his] the service member's state military service, may grant the
2302     following relief:
2303          (a) In the case of an obligation payable under its terms in installments under a contract
2304     for the purchase of real estate, or secured by a mortgage or other instrument in the nature of a
2305     mortgage upon real estate, a stay of the enforcement of the obligation during the applicant's
2306     period of state military service and, from the date of termination of the period of state military
2307     service or from the date of application if made after termination of state military service, for a
2308     period equal to the period of the remaining life of the installment contract or other instrument
2309     plus a period of time equal to the period of state military service of the applicant, or any part of
2310     the combined period, subject to payment of the balance of principal and accumulated interest
2311     due and unpaid at the date of termination of the period of state military service or from the date
2312     of application, in equal installments during the combined period at the rate of interest on the
2313     unpaid balance as is prescribed in the contract, or other instrument evidencing the obligation,
2314     for installments paid when due, and subject to any other terms as the court may consider just.
2315          (b) In the case of any other obligation or liability, a stay of the enforcement during the
2316     applicant's period of state military service and, from the date of termination of the period of
2317     state military service or from the date of application if made after termination of the period of
2318     state military service, for a period of time equal to the period of state military service of the
2319     applicant or any part of that period, subject to payment of the balance of principal and

2320     accumulated interest due and unpaid at the date of termination of the period of state military
2321     service or the date of application, in equal periodic installments during the extended period at
2322     the rate of interest prescribed for the obligation or liability, if paid when due, and subject to
2323     other terms the court considers to be reasonable and just.
2324          (3) When any court has granted a stay as provided in this section, a fine or penalty may
2325     not be accrued for failure to comply with the terms or conditions of the obligation or liability
2326     for which the stay was granted during the period the terms and conditions of the stay are
2327     complied with.
2328          Section 118. Section 39A-6-117, which is renumbered from Section 39-7-117 is
2329     renumbered and amended to read:
2330          [39-7-117].      39A-6-117. Storage liens.
2331          (1) A person may not exercise any right to foreclose or enforce any lien for storage of
2332     household goods, furniture, or personal effects of a service member in state military service
2333     during the service member's period of state military service and for 60 days after termination or
2334     discharge, except upon an order previously granted by a court upon application and a return to
2335     the court made and approved by the court. In the proceeding the court may, after hearing the
2336     matter, on its own motion, and shall, on application [to it] by the service member in state
2337     military service or another [person] individual on the service member's behalf, unless in the
2338     opinion of the court the ability of the service member to pay the storage charges due is not
2339     materially affected by reason of the service member's state military service:
2340          (a) stay the proceedings as provided in this chapter; or
2341          (b) make any other disposition the court considers to be equitable to conserve the
2342     interest of all the parties.
2343          (2) The enactment of the provisions of this section may not be construed in any way as
2344     affecting or limiting the scope of Section [39-7-115] 39A-6-115.
2345          (3) Any person who knowingly takes any action contrary to the provisions of this
2346     section, or attempts to do so, is guilty of a class B misdemeanor.
2347          Section 119. Section 39A-7-101, which is renumbered from Section 39-9-101 is
2348     renumbered and amended to read:
2349     
CHAPTER 7. MORALE, WELFARE, AND RECREATION PROGRAM

2350          [39-9-101].      39A-7-101. State Morale, Welfare, and Recreation Program --

2351     Program established.
2352          [(1) This chapter is known as the "State Morale, Welfare, and Recreation Program."]
2353          [(2)] The adjutant general is authorized to establish a Utah National Guard Morale,
2354     Welfare, and Recreation Program to serve members of the military, eligible dependents, and
2355     others as set out in Section [39-9-103] 39A-7-103.
2356          Section 120. Section 39A-7-102, which is renumbered from Section 39-9-102 is
2357     renumbered and amended to read:
2358          [39-9-102].      39A-7-102. Definitions.
2359          For purposes of this chapter:
2360          (1) "Dependent" means the spouse or children of [a person] an individual eligible to
2361     use the program and facilities in accordance with Section [39-9-103] 39A-7-103.
2362          (2) "MWR" means morale, welfare, and recreation.
2363          (3) "MWR facility" means any Utah National Guard facility located on a Department
2364     of Defense or Utah National Guard installation or on property controlled by the Department of
2365     Defense or the Utah National Guard, the purpose of which is to enhance MWR for authorized
2366     patrons.
2367          Section 121. Section 39A-7-103, which is renumbered from Section 39-9-103 is
2368     renumbered and amended to read:
2369          [39-9-103].      39A-7-103. Eligibility and facilities.
2370          (1) Use of the MWR program and facilities is limited to:
2371          (a) active and reserve component members of the Utah National Guard and armed
2372     forces of the United States;
2373          (b) [persons] individuals retired from the armed forces of the United States;
2374          (c) civilian employees of the Utah National Guard;
2375          (d) dependents of authorized [persons] individuals in Subsections (1)(a) through (c);
2376          (e) contracted employees of the Utah National Guard while working on-site or
2377     conducting business on National Guard property; [and]
2378          (f) sponsored [persons] individuals when personally accompanied by a sponsor who is
2379     an eligible patron as described in this section; and
2380          (g) other personnel or organizations at the discretion of the adjutant general.
2381          (2) MWR facilities include any of the following, even if the shop, building, or parcel is

2382     only partially used for MWR purposes:
2383          (a) post or base exchange;
2384          (b) canteen or service club;
2385          (c) barber shop;
2386          (d) fitness center;
2387          (e) snack bar;
2388          (f) restaurant;
2389          (g) billeting operation;
2390          (h) laundry facility;
2391          (i) range;
2392          (j) swimming pool; or
2393          (k) any other shop, building, or parcel that meets the definition of MWR facility in
2394     Section [39-9-102] 39A-7-102.
2395          (3) The adjutant general shall, by regulation, determine specific use priorities when
2396     MWR facilities cannot accommodate all authorized patrons.
2397          Section 122. Section 39A-7-104, which is renumbered from Section 39-9-104 is
2398     renumbered and amended to read:
2399          [39-9-104].      39A-7-104. Administration of MWR Program.
2400          (1) The adjutant general may authorize the program to:
2401          (a) contract for goods and services;
2402          (b) hire employees; and
2403          (c) receive funds from patrons in exchange for goods or services provided within the
2404     program.
2405          (2) The adjutant general is authorized to establish MWR facilities throughout the state
2406     that, in the adjutant general's judgment, are necessary for military purposes.
2407          (3) The adjutant general shall promulgate regulations to govern the operation of the
2408     program.
2409          (4) The adjutant general may appoint a director for the program.
2410          (5) The adjutant general shall establish a system of bookkeeping, accounting, and
2411     auditing procedures for the proper handling of funds derived from the program's operations.
2412          (6) The program may use State Armory Board-controlled properties, provided:

2413          (a) the use incurs no more than nominal cost to the state; or
2414          (b) any costs to the state above nominal associated with the use are reimbursed to the
2415     state by the program.
2416          Section 123. Section 39A-7-105, which is renumbered from Section 39-9-105 is
2417     renumbered and amended to read:
2418          [39-9-105].      39A-7-105. National Guard MWR Fund -- Proceeds.
2419          (1) There is created an expendable special revenue fund known as the National Guard
2420     MWR Fund.
2421          (2) The fund shall consist of:
2422          (a) all proceeds collected under this chapter;
2423          (b) donations made to the National Guard MWR Program; and
2424          (c) any appropriations to the program by the Legislature.
2425          (3) Money from the fund shall be used for the enhancement of morale, welfare, and
2426     recreation, and the administration of the program under this chapter, including paying the costs
2427     of:
2428          (a) salaries of program employees;
2429          (b) public liability insurance, when needed;
2430          (c) the adjutant general's Outreach Program;
2431          (d) the State Partnership Program; and
2432          (e) any other expenses considered necessary in furtherance of the program by the
2433     adjutant general or the adjutant general's designee.
2434          Section 124. Section 39A-8-101, which is renumbered from Section 39-10-101 is
2435     renumbered and amended to read:
2436     
CHAPTER 8. WEST TRAVERSE SENTINEL LANDSCAPE ACT

2437          [39-10-101].      39A-8-101. West Traverse Sentinel Landscape Act --
2438     Purpose.
2439          [(1) This chapter is known as "West Traverse Sentinel Landscape Act."]
2440          [(2)] The purpose of this act is to:
2441          [(a)] (1) identify lands adjacent to Camp Williams that are important to the nation's
2442     defense mission;
2443          [(b)] (2) preserve and enhance the relationship between adjacent landowners and Camp

2444     Williams; and
2445          [(c)] (3) create incentives to encourage adjacent landowners to adopt land management
2446     practices consistent with Camp Williams's military mission.
2447          Section 125. Section 39A-8-102, which is renumbered from Section 39-10-102 is
2448     renumbered and amended to read:
2449          [39-10-102].      39A-8-102. Area designation -- West Traverse Sentinel
2450     Landscape.
2451          (1) The compatible use buffer area surrounding Camp Williams shall be known as the
2452     West Traverse Sentinel Landscape.
2453          (2) Lands designated by the committee established in Section [39-10-103] 39A-8-103
2454     and lands acquired or encumbered through the Camp Williams Army Compatible Use Buffer
2455     (ACUB) Program shall be added to the buffer area.
2456          Section 126. Section 39A-8-103, which is renumbered from Section 39-10-103 is
2457     renumbered and amended to read:
2458          [39-10-103].      39A-8-103. West Traverse Sentinel Landscape Coordinating
2459     Committee.
2460          (1) There is created the West Traverse Sentinel Landscape Coordinating Committee.
2461          (2) The committee shall be composed of the following members:
2462          (a) the adjutant general of the Utah National Guard or another senior officer appointed
2463     by the adjutant general;
2464          (b) the executive director of the Department of Veterans and Military Affairs or the
2465     director's designee;
2466          (c) a landowner, selected by the chair, who owns property within the sentinel landscape
2467     area;
2468          (d) a representative from a land conservation organization in Utah recognized as
2469     accredited under the standards and practices of the Land Trust Accreditation Commission;
2470          (e) a representative from each municipality adjacent to Camp Williams, at the
2471     discretion of the municipality;
2472          (f) one representative each from Salt Lake, Utah, and Tooele counties, at the discretion
2473     of the county governing body;
2474          (g) a representative from a nongovernmental land management organization; and

2475          (h) one member selected from a state agency that participates in land management
2476     activities.
2477          (3) Committee members shall be selected and serve in accordance with this Subsection
2478     (3).
2479          (a) The committee member representing Subsection (2)(c) shall be selected by the chair
2480     from a list of nominees presented by local officials.
2481          (b) The committee members representing Subsections (2)(d) and (g) shall be invited to
2482     participate by the chair with the approval of a majority of the committee.
2483          (c) Each incorporated municipality bordering Camp Williams shall, at its discretion no
2484     later than July 1 of each year, provide the chair with the name of the individual who will
2485     represent the municipality on the committee, as provided in Subsection (2)(e). If the
2486     municipality declines to be represented on the committee, it shall send a letter to the chair on
2487     the municipality's letterhead stating that no individual will be appointed.
2488          (d) If a county, as provided in Subsection (2)(f), declines to be represented on the
2489     committee, it shall send a letter to the chair on the county's letterhead not later than July 1 of
2490     each year stating that no individual will be appointed.
2491          (e) The committee chair shall request the appointment of members representing
2492     Subsection (2)(h) from:
2493          (i) the governor if the request is for a member from a state agency; or
2494          (ii) the mayor or governing body of a local government entity if the request is for a
2495     member from a local government agency.
2496          (4) The adjutant general or his appointee shall serve as chair of the committee.
2497          (5) The committee shall meet at the call of the chair, but not less than twice each
2498     calendar year.
2499          (6) A member may not receive compensation or benefits for the member's service but
2500     may receive per diem and travel expenses in accordance with:
2501          (a) Section 63A-3-106;
2502          (b) Section 63A-3-107; and
2503          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
2504     63A-3-107.
2505          (7) The Utah National Guard shall provide staff support for the committee.

2506          Section 127. Section 39A-8-104, which is renumbered from Section 39-10-104 is
2507     renumbered and amended to read:
2508          [39-10-104].      39A-8-104. Committee responsibilities.
2509          (1) The committee shall:
2510          (a) identify lands to be included in the designated sentinel landscape;
2511          (b) develop strategies and recommendations to encourage landowners within the
2512     sentinel landscape to voluntarily participate in and begin or continue land uses compatible with
2513     Camp Williams's military mission; and
2514          (c) publish any policies and procedures as administrative rules in accordance with Title
2515     63G, Chapter 3, Utah Administrative Rulemaking Act.
2516          (2) In designating sentinel lands, the coordinating committee shall include all working
2517     or natural lands that the coordinating committee believes contribute to the long-term
2518     sustainability of the military missions conducted at Camp Williams.
2519          (3) The committee shall determine the appropriate level of state resources required to
2520     adequately protect Camp Williams's military mission and may apply for grants from the LeRay
2521     McAllister Critical Lands Conservation Program to aid in securing those resources.
2522          (4) In determining lands to designate, the coordinating committee shall seek input
2523     from:
2524          (a) the director of the Department of Defense Readiness and Environmental Protection
2525     Integration Program; and
2526          (b) the director of the National Guard Bureau Army Compatible Use Buffer Program,
2527     as authorized under 10 U.S.C. Sec. 2684(a).
2528          (5) The committee shall provide a written report of its activities if state funds are
2529     expended during the previous calendar year no later than July 31 annually to:
2530          (a) the governor;
2531          (b) the Government Operations Interim Committee; and
2532          (c) the Executive Appropriations Committee.
2533          Section 128. Section 39A-8-105, which is renumbered from Section 39-10-105 is
2534     renumbered and amended to read:
2535          [39-10-105].      39A-8-105. West Traverse Sentinel Landscape Fund.
2536          (1) As used in this section:

2537          (a) "Committee" means the West Traverse Sentinel Landscape Coordinating
2538     Committee created in Section [39-10-103] 39A-8-103.
2539          (b) "Fund" means the West Traverse Sentinel Landscape Fund.
2540          (2) There is created a restricted account within the General Fund known as the West
2541     Traverse Sentinel Landscape Fund.
2542          (3) The fund shall consist of:
2543          (a) appropriations from the Legislature; and
2544          (b) grants or donations from other public or private sources.
2545          (4) The fund shall be administered by the Utah National Guard and the committee.
2546          (5) The purpose of the fund shall be to provide:
2547          (a) matching funds for established federal funding programs concerning sentinel
2548     landscapes;
2549          (b) matching funds for local and private funding programs that assist with sentinel
2550     landscape designations;
2551          (c) incentives for landowners who voluntarily participate in land management practices
2552     that are consistent with Camp Williams's military missions;
2553          (d) sentinel landscape monitoring, community outreach, and education;
2554          (e) costs associated with due diligence and administration of purchasing land and
2555     easements; and
2556          (f) administrative costs as approved by the Utah National Guard and the committee.
2557          (6) The committee may make an appropriation request through the Utah National
2558     Guard to the Legislature for necessary funds to carry out the committee's purpose.
2559          (7) Upon appropriation, funds may only be used for landscapes that qualify under:
2560          (a) the Army Compatible Use Buffer Program guidelines or similar regulations as a
2561     federal program whose purpose is to secure landscapes that serve to buffer military
2562     installations;
2563          (b) Internal Revenue Code guidelines in 26 U.S.C. Sec. 170(h); or
2564          (c) local municipal or county guidelines established through the committee and
2565     consistent with Camp Williams's military mission.
2566          Section 129. Section 53-2a-603 is amended to read:
2567          53-2a-603. State Disaster Recovery Restricted Account.

2568          (1) (a) There is created a restricted account in the General Fund known as the "State
2569     Disaster Recovery Restricted Account."
2570          (b) The disaster recovery account consists of:
2571          (i) money deposited into the disaster recovery account in accordance with Section
2572     63J-1-314;
2573          (ii) money appropriated to the disaster recovery account by the Legislature; and
2574          (iii) any other public or private money received by the division that is:
2575          (A) given to the division for purposes consistent with this section; and
2576          (B) deposited into the disaster recovery account at the request of:
2577          (I) the division; or
2578          (II) the person or entity giving the money.
2579          (c) The Division of Finance shall deposit interest or other earnings derived from
2580     investment of account money into the General Fund.
2581          (2) Subject to being appropriated by the Legislature, money in the disaster recovery
2582     account may only be expended or committed to be expended as follows:
2583          (a) (i) subject to Section 53-2a-606, in any fiscal year the division may expend or
2584     commit to expend an amount that does not exceed $500,000, in accordance with Section
2585     53-2a-604, to fund costs to the state of emergency disaster services in response to a declared
2586     disaster;
2587          (ii) subject to Section 53-2a-606, in any fiscal year the division may expend or commit
2588     to expend an amount that exceeds $500,000, but does not exceed $3,000,000, in accordance
2589     with Section 53-2a-604, to fund costs to the state of emergency disaster services in response to
2590     a declared disaster if the division:
2591          (A) before making the expenditure or commitment to expend, obtains approval for the
2592     expenditure or commitment to expend from the governor;
2593          (B) subject to Subsection (5), provides written notice of the expenditure or
2594     commitment to expend to the speaker of the House of Representatives, the president of the
2595     Senate, the Division of Finance, the Executive Offices and Criminal Justice Appropriations
2596     Subcommittee, the Legislative Management Committee, and the Office of the Legislative
2597     Fiscal Analyst no later than 72 hours after making the expenditure or commitment to expend;
2598     and

2599          (C) makes the report required by Subsection 53-2a-606(2);
2600          (iii) subject to Section 53-2a-606, in any fiscal year the division may expend or commit
2601     to expend an amount that exceeds $3,000,000, but does not exceed $5,000,000, in accordance
2602     with Section 53-2a-604, to fund costs to the state of emergency disaster services in response to
2603     a declared disaster if, before making the expenditure or commitment to expend, the division:
2604          (A) obtains approval for the expenditure or commitment to expend from the governor;
2605     and
2606          (B) submits the expenditure or commitment to expend to the Executive Appropriations
2607     Committee in accordance with Subsection 53-2a-606(3); and
2608          (iv) in any fiscal year the division may expend or commit to expend an amount that
2609     does not exceed $150,000 to fund expenses incurred by the National Guard if:
2610          (A) in accordance with Section [39-1-5] 39A-3-103, the governor orders into active
2611     service the National Guard in response to a declared disaster; and
2612          (B) the money is not used for expenses that qualify for payment as emergency disaster
2613     services;
2614          (b) money not described in Subsections (2)(a)(i), (ii), and (iii) may be expended or
2615     committed to be expended to fund costs to the state directly related to a declared disaster that
2616     are not costs related to:
2617          (i) emergency disaster services;
2618          (ii) emergency preparedness; or
2619          (iii) notwithstanding whether a county participates in the Wildland Fire Suppression
2620     Fund created in Section 65A-8-204, any fire suppression or presuppression costs that may be
2621     paid for from the Wildland Fire Suppression Fund if the county participates in the Wildland
2622     Fire Suppression Fund;
2623          (c) to fund the Local Government Emergency Response Loan Fund created in Section
2624     53-2a-607;
2625          (d) the division may provide advanced funding from the disaster recovery account to
2626     recognized agents of the state when:
2627          (i) Utah has agreed, through the division, to enact the Emergency Management
2628     Assistance Compact with another member state that has requested assistance during a declared
2629     disaster;

2630          (ii) Utah agrees to provide resources to the requesting member state;
2631          (iii) the agent of the state who represents the requested resource has no other funding
2632     source available at the time of the Emergency Management Assistance Compact request; and
2633          (iv) the disaster recovery account has a balance of funds available to be utilized while
2634     maintaining a minimum balance of $10,000,000;
2635          (e) the division may expend up to $3,200,000 during fiscal year 2019 to fund
2636     operational costs incurred by the division during fiscal year 2019; and
2637          (f) to fund up to $500,000 for the governor's emergency appropriations described in
2638     Subsection 63J-1-217(4).
2639          (3) All funding provided in advance to an agent of the state and subsequently
2640     reimbursed shall be credited to the account.
2641          (4) The state treasurer shall invest money in the disaster recovery account according to
2642     Title 51, Chapter 7, State Money Management Act.
2643          (5) (a) Except as provided in Subsections (1) and (2), the money in the disaster
2644     recovery account may not be diverted, appropriated, expended, or committed to be expended
2645     for a purpose that is not listed in this section.
2646          (b) Notwithstanding Section 63J-1-410, the Legislature may not appropriate money
2647     from the disaster recovery account to eliminate or otherwise reduce an operating deficit if the
2648     money appropriated from the disaster recovery account is expended or committed to be
2649     expended for a purpose other than one listed in this section.
2650          (c) The Legislature may not amend the purposes for which money in the disaster
2651     recovery account may be expended or committed to be expended except by the affirmative vote
2652     of two-thirds of all the members elected to each house.
2653          (6) The division:
2654          (a) shall provide the notice required by Subsection (2)(a)(ii) using the best available
2655     method under the circumstances as determined by the division; and
2656          (b) may provide the notice required by Subsection (2)(a)(ii) in electronic format.
2657          Section 130. Section 59-12-104 is amended to read:
2658          59-12-104. Exemptions.
2659          Exemptions from the taxes imposed by this chapter are as follows:
2660          (1) sales of aviation fuel, motor fuel, and special fuel subject to a Utah state excise tax

2661     under Chapter 13, Motor and Special Fuel Tax Act;
2662          (2) subject to Section 59-12-104.6, sales to the state, its institutions, and its political
2663     subdivisions; however, this exemption does not apply to sales of:
2664          (a) construction materials except:
2665          (i) construction materials purchased by or on behalf of institutions of the public
2666     education system as defined in Utah Constitution, Article X, Section 2, provided the
2667     construction materials are clearly identified and segregated and installed or converted to real
2668     property which is owned by institutions of the public education system; and
2669          (ii) construction materials purchased by the state, its institutions, or its political
2670     subdivisions which are installed or converted to real property by employees of the state, its
2671     institutions, or its political subdivisions; or
2672          (b) tangible personal property in connection with the construction, operation,
2673     maintenance, repair, or replacement of a project, as defined in Section 11-13-103, or facilities
2674     providing additional project capacity, as defined in Section 11-13-103;
2675          (3) (a) sales of an item described in Subsection (3)(b) from a vending machine if:
2676          (i) the proceeds of each sale do not exceed $1; and
2677          (ii) the seller or operator of the vending machine reports an amount equal to 150% of
2678     the cost of the item described in Subsection (3)(b) as goods consumed; and
2679          (b) Subsection (3)(a) applies to:
2680          (i) food and food ingredients; or
2681          (ii) prepared food;
2682          (4) (a) sales of the following to a commercial airline carrier for in-flight consumption:
2683          (i) alcoholic beverages;
2684          (ii) food and food ingredients; or
2685          (iii) prepared food;
2686          (b) sales of tangible personal property or a product transferred electronically:
2687          (i) to a passenger;
2688          (ii) by a commercial airline carrier; and
2689          (iii) during a flight for in-flight consumption or in-flight use by the passenger; or
2690          (c) services related to Subsection (4)(a) or (b);
2691          (5) sales of parts and equipment for installation in an aircraft operated by a common

2692     carrier in interstate or foreign commerce;
2693          (6) sales of commercials, motion picture films, prerecorded audio program tapes or
2694     records, and prerecorded video tapes by a producer, distributor, or studio to a motion picture
2695     exhibitor, distributor, or commercial television or radio broadcaster;
2696          (7) (a) except as provided in Subsection (85) and subject to Subsection (7)(b), sales of
2697     cleaning or washing of tangible personal property if the cleaning or washing of the tangible
2698     personal property is not assisted cleaning or washing of tangible personal property;
2699          (b) if a seller that sells at the same business location assisted cleaning or washing of
2700     tangible personal property and cleaning or washing of tangible personal property that is not
2701     assisted cleaning or washing of tangible personal property, the exemption described in
2702     Subsection (7)(a) applies if the seller separately accounts for the sales of the assisted cleaning
2703     or washing of the tangible personal property; and
2704          (c) for purposes of Subsection (7)(b) and in accordance with Title 63G, Chapter 3,
2705     Utah Administrative Rulemaking Act, the commission may make rules:
2706          (i) governing the circumstances under which sales are at the same business location;
2707     and
2708          (ii) establishing the procedures and requirements for a seller to separately account for
2709     sales of assisted cleaning or washing of tangible personal property;
2710          (8) sales made to or by religious or charitable institutions in the conduct of their regular
2711     religious or charitable functions and activities, if the requirements of Section 59-12-104.1 are
2712     fulfilled;
2713          (9) sales of a vehicle of a type required to be registered under the motor vehicle laws of
2714     this state if the vehicle is:
2715          (a) not registered in this state; and
2716          (b) (i) not used in this state; or
2717          (ii) used in this state:
2718          (A) if the vehicle is not used to conduct business, for a time period that does not
2719     exceed the longer of:
2720          (I) 30 days in any calendar year; or
2721          (II) the time period necessary to transport the vehicle to the borders of this state; or
2722          (B) if the vehicle is used to conduct business, for the time period necessary to transport

2723     the vehicle to the borders of this state;
2724          (10) (a) amounts paid for an item described in Subsection (10)(b) if:
2725          (i) the item is intended for human use; and
2726          (ii) (A) a prescription was issued for the item; or
2727          (B) the item was purchased by a hospital or other medical facility; and
2728          (b) (i) Subsection (10)(a) applies to:
2729          (A) a drug;
2730          (B) a syringe; or
2731          (C) a stoma supply; and
2732          (ii) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2733     commission may by rule define the terms:
2734          (A) "syringe"; or
2735          (B) "stoma supply";
2736          (11) purchases or leases exempt under Section 19-12-201;
2737          (12) (a) sales of an item described in Subsection (12)(c) served by:
2738          (i) the following if the item described in Subsection (12)(c) is not available to the
2739     general public:
2740          (A) a church; or
2741          (B) a charitable institution; or
2742          (ii) an institution of higher education if:
2743          (A) the item described in Subsection (12)(c) is not available to the general public; or
2744          (B) the item described in Subsection (12)(c) is prepaid as part of a student meal plan
2745     offered by the institution of higher education; or
2746          (b) sales of an item described in Subsection (12)(c) provided for a patient by:
2747          (i) a medical facility; or
2748          (ii) a nursing facility; and
2749          (c) Subsections (12)(a) and (b) apply to:
2750          (i) food and food ingredients;
2751          (ii) prepared food; or
2752          (iii) alcoholic beverages;
2753          (13) (a) except as provided in Subsection (13)(b), the sale of tangible personal property

2754     or a product transferred electronically by a person:
2755          (i) regardless of the number of transactions involving the sale of that tangible personal
2756     property or product transferred electronically by that person; and
2757          (ii) not regularly engaged in the business of selling that type of tangible personal
2758     property or product transferred electronically;
2759          (b) this Subsection (13) does not apply if:
2760          (i) the sale is one of a series of sales of a character to indicate that the person is
2761     regularly engaged in the business of selling that type of tangible personal property or product
2762     transferred electronically;
2763          (ii) the person holds that person out as regularly engaged in the business of selling that
2764     type of tangible personal property or product transferred electronically;
2765          (iii) the person sells an item of tangible personal property or product transferred
2766     electronically that the person purchased as a sale that is exempt under Subsection (25); or
2767           (iv) the sale is of a vehicle or vessel required to be titled or registered under the laws of
2768     this state in which case the tax is based upon:
2769          (A) the bill of sale or other written evidence of value of the vehicle or vessel being
2770     sold; or
2771          (B) in the absence of a bill of sale or other written evidence of value, the fair market
2772     value of the vehicle or vessel being sold at the time of the sale as determined by the
2773     commission; and
2774          (c) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2775     commission shall make rules establishing the circumstances under which:
2776          (i) a person is regularly engaged in the business of selling a type of tangible personal
2777     property or product transferred electronically;
2778          (ii) a sale of tangible personal property or a product transferred electronically is one of
2779     a series of sales of a character to indicate that a person is regularly engaged in the business of
2780     selling that type of tangible personal property or product transferred electronically; or
2781          (iii) a person holds that person out as regularly engaged in the business of selling a type
2782     of tangible personal property or product transferred electronically;
2783          (14) amounts paid or charged for a purchase or lease of machinery, equipment, normal
2784     operating repair or replacement parts, or materials, except for office equipment or office

2785     supplies, by:
2786          (a) a manufacturing facility that:
2787          (i) is located in the state; and
2788          (ii) uses or consumes the machinery, equipment, normal operating repair or
2789     replacement parts, or materials:
2790          (A) in the manufacturing process to manufacture an item sold as tangible personal
2791     property, as the commission may define that phrase in accordance with Title 63G, Chapter 3,
2792     Utah Administrative Rulemaking Act; or
2793          (B) for a scrap recycler, to process an item sold as tangible personal property, as the
2794     commission may define that phrase in accordance with Title 63G, Chapter 3, Utah
2795     Administrative Rulemaking Act;
2796          (b) an establishment, as the commission defines that term in accordance with Title
2797     63G, Chapter 3, Utah Administrative Rulemaking Act, that:
2798          (i) is described in NAICS Subsector 212, Mining (except Oil and Gas), or NAICS
2799     Code 213113, Support Activities for Coal Mining, 213114, Support Activities for Metal
2800     Mining, or 213115, Support Activities for Nonmetallic Minerals (except Fuels) Mining, of the
2801     2002 North American Industry Classification System of the federal Executive Office of the
2802     President, Office of Management and Budget;
2803          (ii) is located in the state; and
2804          (iii) uses or consumes the machinery, equipment, normal operating repair or
2805     replacement parts, or materials in:
2806          (A) the production process to produce an item sold as tangible personal property, as the
2807     commission may define that phrase in accordance with Title 63G, Chapter 3, Utah
2808     Administrative Rulemaking Act;
2809          (B) research and development, as the commission may define that phrase in accordance
2810     with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
2811          (C) transporting, storing, or managing tailings, overburden, or similar waste materials
2812     produced from mining;
2813          (D) developing or maintaining a road, tunnel, excavation, or similar feature used in
2814     mining; or
2815          (E) preventing, controlling, or reducing dust or other pollutants from mining; or

2816          (c) an establishment, as the commission defines that term in accordance with Title 63G,
2817     Chapter 3, Utah Administrative Rulemaking Act, that:
2818          (i) is described in NAICS Code 518112, Web Search Portals, of the 2002 North
2819     American Industry Classification System of the federal Executive Office of the President,
2820     Office of Management and Budget;
2821          (ii) is located in the state; and
2822          (iii) uses or consumes the machinery, equipment, normal operating repair or
2823     replacement parts, or materials in the operation of the web search portal;
2824          (15) (a) sales of the following if the requirements of Subsection (15)(b) are met:
2825          (i) tooling;
2826          (ii) special tooling;
2827          (iii) support equipment;
2828          (iv) special test equipment; or
2829          (v) parts used in the repairs or renovations of tooling or equipment described in
2830     Subsections (15)(a)(i) through (iv); and
2831          (b) sales of tooling, equipment, or parts described in Subsection (15)(a) are exempt if:
2832          (i) the tooling, equipment, or parts are used or consumed exclusively in the
2833     performance of any aerospace or electronics industry contract with the United States
2834     government or any subcontract under that contract; and
2835          (ii) under the terms of the contract or subcontract described in Subsection (15)(b)(i),
2836     title to the tooling, equipment, or parts is vested in the United States government as evidenced
2837     by:
2838          (A) a government identification tag placed on the tooling, equipment, or parts; or
2839          (B) listing on a government-approved property record if placing a government
2840     identification tag on the tooling, equipment, or parts is impractical;
2841          (16) sales of newspapers or newspaper subscriptions;
2842          (17) (a) except as provided in Subsection (17)(b), tangible personal property or a
2843     product transferred electronically traded in as full or part payment of the purchase price, except
2844     that for purposes of calculating sales or use tax upon vehicles not sold by a vehicle dealer,
2845     trade-ins are limited to other vehicles only, and the tax is based upon:
2846          (i) the bill of sale or other written evidence of value of the vehicle being sold and the

2847     vehicle being traded in; or
2848          (ii) in the absence of a bill of sale or other written evidence of value, the then existing
2849     fair market value of the vehicle being sold and the vehicle being traded in, as determined by the
2850     commission; and
2851          (b) Subsection (17)(a) does not apply to the following items of tangible personal
2852     property or products transferred electronically traded in as full or part payment of the purchase
2853     price:
2854          (i) money;
2855          (ii) electricity;
2856          (iii) water;
2857          (iv) gas; or
2858          (v) steam;
2859          (18) (a) (i) except as provided in Subsection (18)(b), sales of tangible personal property
2860     or a product transferred electronically used or consumed primarily and directly in farming
2861     operations, regardless of whether the tangible personal property or product transferred
2862     electronically:
2863          (A) becomes part of real estate; or
2864          (B) is installed by a farmer, contractor, or subcontractor; or
2865          (ii) sales of parts used in the repairs or renovations of tangible personal property or a
2866     product transferred electronically if the tangible personal property or product transferred
2867     electronically is exempt under Subsection (18)(a)(i); and
2868          (b) amounts paid or charged for the following are subject to the taxes imposed by this
2869     chapter:
2870          (i) (A) subject to Subsection (18)(b)(i)(B), machinery, equipment, materials, or
2871     supplies if used in a manner that is incidental to farming; and
2872          (B) tangible personal property that is considered to be used in a manner that is
2873     incidental to farming includes:
2874          (I) hand tools; or
2875          (II) maintenance and janitorial equipment and supplies;
2876          (ii) (A) subject to Subsection (18)(b)(ii)(B), tangible personal property or a product
2877     transferred electronically if the tangible personal property or product transferred electronically

2878     is used in an activity other than farming; and
2879          (B) tangible personal property or a product transferred electronically that is considered
2880     to be used in an activity other than farming includes:
2881          (I) office equipment and supplies; or
2882          (II) equipment and supplies used in:
2883          (Aa) the sale or distribution of farm products;
2884          (Bb) research; or
2885          (Cc) transportation; or
2886          (iii) a vehicle required to be registered by the laws of this state during the period
2887     ending two years after the date of the vehicle's purchase;
2888          (19) sales of hay;
2889          (20) exclusive sale during the harvest season of seasonal crops, seedling plants, or
2890     garden, farm, or other agricultural produce if the seasonal crops are, seedling plants are, or
2891     garden, farm, or other agricultural produce is sold by:
2892          (a) the producer of the seasonal crops, seedling plants, or garden, farm, or other
2893     agricultural produce;
2894          (b) an employee of the producer described in Subsection (20)(a); or
2895          (c) a member of the immediate family of the producer described in Subsection (20)(a);
2896          (21) purchases made using a coupon as defined in 7 U.S.C. Sec. 2012 that is issued
2897     under the Food Stamp Program, 7 U.S.C. Sec. 2011 et seq.;
2898          (22) sales of nonreturnable containers, nonreturnable labels, nonreturnable bags,
2899     nonreturnable shipping cases, and nonreturnable casings to a manufacturer, processor,
2900     wholesaler, or retailer for use in packaging tangible personal property to be sold by that
2901     manufacturer, processor, wholesaler, or retailer;
2902          (23) a product stored in the state for resale;
2903          (24) (a) purchases of a product if:
2904          (i) the product is:
2905          (A) purchased outside of this state;
2906          (B) brought into this state:
2907          (I) at any time after the purchase described in Subsection (24)(a)(i)(A); and
2908          (II) by a nonresident person who is not living or working in this state at the time of the

2909     purchase;
2910          (C) used for the personal use or enjoyment of the nonresident person described in
2911     Subsection (24)(a)(i)(B)(II) while that nonresident person is within the state; and
2912          (D) not used in conducting business in this state; and
2913          (ii) for:
2914          (A) a product other than a boat described in Subsection (24)(a)(ii)(B), the first use of
2915     the product for a purpose for which the product is designed occurs outside of this state;
2916          (B) a boat, the boat is registered outside of this state; or
2917          (C) a vehicle other than a vehicle sold to an authorized carrier, the vehicle is registered
2918     outside of this state;
2919          (b) the exemption provided for in Subsection (24)(a) does not apply to:
2920          (i) a lease or rental of a product; or
2921          (ii) a sale of a vehicle exempt under Subsection (33); and
2922          (c) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for
2923     purposes of Subsection (24)(a), the commission may by rule define what constitutes the
2924     following:
2925          (i) conducting business in this state if that phrase has the same meaning in this
2926     Subsection (24) as in Subsection (63);
2927          (ii) the first use of a product if that phrase has the same meaning in this Subsection (24)
2928     as in Subsection (63); or
2929          (iii) a purpose for which a product is designed if that phrase has the same meaning in
2930     this Subsection (24) as in Subsection (63);
2931          (25) a product purchased for resale in the regular course of business, either in its
2932     original form or as an ingredient or component part of a manufactured or compounded product;
2933          (26) a product upon which a sales or use tax was paid to some other state, or one of its
2934     subdivisions, except that the state shall be paid any difference between the tax paid and the tax
2935     imposed by this part and Part 2, Local Sales and Use Tax Act, and no adjustment is allowed if
2936     the tax paid was greater than the tax imposed by this part and Part 2, Local Sales and Use Tax
2937     Act;
2938          (27) any sale of a service described in Subsections 59-12-103(1)(b), (c), and (d) to a
2939     person for use in compounding a service taxable under the subsections;

2940          (28) purchases made in accordance with the special supplemental nutrition program for
2941     women, infants, and children established in 42 U.S.C. Sec. 1786;
2942          (29) sales or leases of rolls, rollers, refractory brick, electric motors, or other
2943     replacement parts used in the furnaces, mills, or ovens of a steel mill described in SIC Code
2944     3312 of the 1987 Standard Industrial Classification Manual of the federal Executive Office of
2945     the President, Office of Management and Budget;
2946          (30) sales of a boat of a type required to be registered under Title 73, Chapter 18, State
2947     Boating Act, a boat trailer, or an outboard motor if the boat, boat trailer, or outboard motor is:
2948          (a) not registered in this state; and
2949          (b) (i) not used in this state; or
2950          (ii) used in this state:
2951          (A) if the boat, boat trailer, or outboard motor is not used to conduct business, for a
2952     time period that does not exceed the longer of:
2953          (I) 30 days in any calendar year; or
2954          (II) the time period necessary to transport the boat, boat trailer, or outboard motor to
2955     the borders of this state; or
2956          (B) if the boat, boat trailer, or outboard motor is used to conduct business, for the time
2957     period necessary to transport the boat, boat trailer, or outboard motor to the borders of this
2958     state;
2959          (31) sales of aircraft manufactured in Utah;
2960          (32) amounts paid for the purchase of telecommunications service for purposes of
2961     providing telecommunications service;
2962          (33) sales, leases, or uses of the following:
2963          (a) a vehicle by an authorized carrier; or
2964          (b) tangible personal property that is installed on a vehicle:
2965          (i) sold or leased to or used by an authorized carrier; and
2966          (ii) before the vehicle is placed in service for the first time;
2967          (34) (a) 45% of the sales price of any new manufactured home; and
2968          (b) 100% of the sales price of any used manufactured home;
2969          (35) sales relating to schools and fundraising sales;
2970          (36) sales or rentals of durable medical equipment if:

2971          (a) a person presents a prescription for the durable medical equipment; and
2972          (b) the durable medical equipment is used for home use only;
2973          (37) (a) sales to a ski resort of electricity to operate a passenger ropeway as defined in
2974     Section 72-11-102; and
2975          (b) the commission shall by rule determine the method for calculating sales exempt
2976     under Subsection (37)(a) that are not separately metered and accounted for in utility billings;
2977          (38) sales to a ski resort of:
2978          (a) snowmaking equipment;
2979          (b) ski slope grooming equipment;
2980          (c) passenger ropeways as defined in Section 72-11-102; or
2981          (d) parts used in the repairs or renovations of equipment or passenger ropeways
2982     described in Subsections (38)(a) through (c);
2983          (39) subject to Subsection 59-12-103(2)(j), sales of natural gas, electricity, heat, coal,
2984     fuel oil, or other fuels for industrial use;
2985          (40) (a) subject to Subsection (40)(b), sales or rentals of the right to use or operate for
2986     amusement, entertainment, or recreation an unassisted amusement device as defined in Section
2987     59-12-102;
2988          (b) if a seller that sells or rents at the same business location the right to use or operate
2989     for amusement, entertainment, or recreation one or more unassisted amusement devices and
2990     one or more assisted amusement devices, the exemption described in Subsection (40)(a)
2991     applies if the seller separately accounts for the sales or rentals of the right to use or operate for
2992     amusement, entertainment, or recreation for the assisted amusement devices; and
2993          (c) for purposes of Subsection (40)(b) and in accordance with Title 63G, Chapter 3,
2994     Utah Administrative Rulemaking Act, the commission may make rules:
2995          (i) governing the circumstances under which sales are at the same business location;
2996     and
2997          (ii) establishing the procedures and requirements for a seller to separately account for
2998     the sales or rentals of the right to use or operate for amusement, entertainment, or recreation for
2999     assisted amusement devices;
3000          (41) (a) sales of photocopies by:
3001          (i) a governmental entity; or

3002          (ii) an entity within the state system of public education, including:
3003          (A) a school; or
3004          (B) the State Board of Education; or
3005          (b) sales of publications by a governmental entity;
3006          (42) amounts paid for admission to an athletic event at an institution of higher
3007     education that is subject to the provisions of Title IX of the Education Amendments of 1972,
3008     20 U.S.C. Sec. 1681 et seq.;
3009          (43) (a) sales made to or by:
3010          (i) an area agency on aging; or
3011          (ii) a senior citizen center owned by a county, city, or town; or
3012          (b) sales made by a senior citizen center that contracts with an area agency on aging;
3013          (44) sales or leases of semiconductor fabricating, processing, research, or development
3014     materials regardless of whether the semiconductor fabricating, processing, research, or
3015     development materials:
3016          (a) actually come into contact with a semiconductor; or
3017          (b) ultimately become incorporated into real property;
3018          (45) an amount paid by or charged to a purchaser for accommodations and services
3019     described in Subsection 59-12-103(1)(i) to the extent the amount is exempt under Section
3020     59-12-104.2;
3021          (46) the lease or use of a vehicle issued a temporary sports event registration certificate
3022     in accordance with Section 41-3-306 for the event period specified on the temporary sports
3023     event registration certificate;
3024          (47) (a) sales or uses of electricity, if the sales or uses are made under a retail tariff
3025     adopted by the Public Service Commission only for purchase of electricity produced from a
3026     new alternative energy source built after January 1, 2016, as designated in the tariff by the
3027     Public Service Commission; and
3028          (b) for a residential use customer only, the exemption under Subsection (47)(a) applies
3029     only to the portion of the tariff rate a customer pays under the tariff described in Subsection
3030     (47)(a) that exceeds the tariff rate under the tariff described in Subsection (47)(a) that the
3031     customer would have paid absent the tariff;
3032          (48) sales or rentals of mobility enhancing equipment if a person presents a

3033     prescription for the mobility enhancing equipment;
3034          (49) sales of water in a:
3035          (a) pipe;
3036          (b) conduit;
3037          (c) ditch; or
3038          (d) reservoir;
3039          (50) sales of currency or coins that constitute legal tender of a state, the United States,
3040     or a foreign nation;
3041          (51) (a) sales of an item described in Subsection (51)(b) if the item:
3042          (i) does not constitute legal tender of a state, the United States, or a foreign nation; and
3043          (ii) has a gold, silver, or platinum content of 50% or more; and
3044          (b) Subsection (51)(a) applies to a gold, silver, or platinum:
3045          (i) ingot;
3046          (ii) bar;
3047          (iii) medallion; or
3048          (iv) decorative coin;
3049          (52) amounts paid on a sale-leaseback transaction;
3050          (53) sales of a prosthetic device:
3051          (a) for use on or in a human; and
3052          (b) (i) for which a prescription is required; or
3053          (ii) if the prosthetic device is purchased by a hospital or other medical facility;
3054          (54) (a) except as provided in Subsection (54)(b), purchases, leases, or rentals of
3055     machinery or equipment by an establishment described in Subsection (54)(c) if the machinery
3056     or equipment is primarily used in the production or postproduction of the following media for
3057     commercial distribution:
3058          (i) a motion picture;
3059          (ii) a television program;
3060          (iii) a movie made for television;
3061          (iv) a music video;
3062          (v) a commercial;
3063          (vi) a documentary; or

3064          (vii) a medium similar to Subsections (54)(a)(i) through (vi) as determined by the
3065     commission by administrative rule made in accordance with Subsection (54)(d); or
3066          (b) purchases, leases, or rentals of machinery or equipment by an establishment
3067     described in Subsection (54)(c) that is used for the production or postproduction of the
3068     following are subject to the taxes imposed by this chapter:
3069          (i) a live musical performance;
3070          (ii) a live news program; or
3071          (iii) a live sporting event;
3072          (c) the following establishments listed in the 1997 North American Industry
3073     Classification System of the federal Executive Office of the President, Office of Management
3074     and Budget, apply to Subsections (54)(a) and (b):
3075          (i) NAICS Code 512110; or
3076          (ii) NAICS Code 51219; and
3077          (d) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
3078     commission may by rule:
3079          (i) prescribe what constitutes a medium similar to Subsections (54)(a)(i) through (vi);
3080     or
3081          (ii) define:
3082          (A) "commercial distribution";
3083          (B) "live musical performance";
3084          (C) "live news program"; or
3085          (D) "live sporting event";
3086          (55) (a) leases of seven or more years or purchases made on or after July 1, 2004, but
3087     on or before June 30, 2027, of tangible personal property that:
3088          (i) is leased or purchased for or by a facility that:
3089          (A) is an alternative energy electricity production facility;
3090          (B) is located in the state; and
3091          (C) (I) becomes operational on or after July 1, 2004; or
3092          (II) has its generation capacity increased by one or more megawatts on or after July 1,
3093     2004, as a result of the use of the tangible personal property;
3094          (ii) has an economic life of five or more years; and

3095          (iii) is used to make the facility or the increase in capacity of the facility described in
3096     Subsection (55)(a)(i) operational up to the point of interconnection with an existing
3097     transmission grid including:
3098          (A) a wind turbine;
3099          (B) generating equipment;
3100          (C) a control and monitoring system;
3101          (D) a power line;
3102          (E) substation equipment;
3103          (F) lighting;
3104          (G) fencing;
3105          (H) pipes; or
3106          (I) other equipment used for locating a power line or pole; and
3107          (b) this Subsection (55) does not apply to:
3108          (i) tangible personal property used in construction of:
3109          (A) a new alternative energy electricity production facility; or
3110          (B) the increase in the capacity of an alternative energy electricity production facility;
3111          (ii) contracted services required for construction and routine maintenance activities;
3112     and
3113          (iii) unless the tangible personal property is used or acquired for an increase in capacity
3114     of the facility described in Subsection (55)(a)(i)(C)(II), tangible personal property used or
3115     acquired after:
3116          (A) the alternative energy electricity production facility described in Subsection
3117     (55)(a)(i) is operational as described in Subsection (55)(a)(iii); or
3118          (B) the increased capacity described in Subsection (55)(a)(i) is operational as described
3119     in Subsection (55)(a)(iii);
3120          (56) (a) leases of seven or more years or purchases made on or after July 1, 2004, but
3121     on or before June 30, 2027, of tangible personal property that:
3122          (i) is leased or purchased for or by a facility that:
3123          (A) is a waste energy production facility;
3124          (B) is located in the state; and
3125          (C) (I) becomes operational on or after July 1, 2004; or

3126          (II) has its generation capacity increased by one or more megawatts on or after July 1,
3127     2004, as a result of the use of the tangible personal property;
3128          (ii) has an economic life of five or more years; and
3129          (iii) is used to make the facility or the increase in capacity of the facility described in
3130     Subsection (56)(a)(i) operational up to the point of interconnection with an existing
3131     transmission grid including:
3132          (A) generating equipment;
3133          (B) a control and monitoring system;
3134          (C) a power line;
3135          (D) substation equipment;
3136          (E) lighting;
3137          (F) fencing;
3138          (G) pipes; or
3139          (H) other equipment used for locating a power line or pole; and
3140          (b) this Subsection (56) does not apply to:
3141          (i) tangible personal property used in construction of:
3142          (A) a new waste energy facility; or
3143          (B) the increase in the capacity of a waste energy facility;
3144          (ii) contracted services required for construction and routine maintenance activities;
3145     and
3146          (iii) unless the tangible personal property is used or acquired for an increase in capacity
3147     described in Subsection (56)(a)(i)(C)(II), tangible personal property used or acquired after:
3148          (A) the waste energy facility described in Subsection (56)(a)(i) is operational as
3149     described in Subsection (56)(a)(iii); or
3150          (B) the increased capacity described in Subsection (56)(a)(i) is operational as described
3151     in Subsection (56)(a)(iii);
3152          (57) (a) leases of five or more years or purchases made on or after July 1, 2004, but on
3153     or before June 30, 2027, of tangible personal property that:
3154          (i) is leased or purchased for or by a facility that:
3155          (A) is located in the state;
3156          (B) produces fuel from alternative energy, including:

3157          (I) methanol; or
3158          (II) ethanol; and
3159          (C) (I) becomes operational on or after July 1, 2004; or
3160          (II) has its capacity to produce fuel increase by 25% or more on or after July 1, 2004, as
3161     a result of the installation of the tangible personal property;
3162          (ii) has an economic life of five or more years; and
3163          (iii) is installed on the facility described in Subsection (57)(a)(i);
3164          (b) this Subsection (57) does not apply to:
3165          (i) tangible personal property used in construction of:
3166          (A) a new facility described in Subsection (57)(a)(i); or
3167          (B) the increase in capacity of the facility described in Subsection (57)(a)(i); or
3168          (ii) contracted services required for construction and routine maintenance activities;
3169     and
3170          (iii) unless the tangible personal property is used or acquired for an increase in capacity
3171     described in Subsection (57)(a)(i)(C)(II), tangible personal property used or acquired after:
3172          (A) the facility described in Subsection (57)(a)(i) is operational; or
3173          (B) the increased capacity described in Subsection (57)(a)(i) is operational;
3174          (58) (a) subject to Subsection (58)(b), sales of tangible personal property or a product
3175     transferred electronically to a person within this state if that tangible personal property or
3176     product transferred electronically is subsequently shipped outside the state and incorporated
3177     pursuant to contract into and becomes a part of real property located outside of this state; and
3178          (b) the exemption under Subsection (58)(a) is not allowed to the extent that the other
3179     state or political entity to which the tangible personal property is shipped imposes a sales, use,
3180     gross receipts, or other similar transaction excise tax on the transaction against which the other
3181     state or political entity allows a credit for sales and use taxes imposed by this chapter;
3182          (59) purchases:
3183          (a) of one or more of the following items in printed or electronic format:
3184          (i) a list containing information that includes one or more:
3185          (A) names; or
3186          (B) addresses; or
3187          (ii) a database containing information that includes one or more:

3188          (A) names; or
3189          (B) addresses; and
3190          (b) used to send direct mail;
3191          (60) redemptions or repurchases of a product by a person if that product was:
3192          (a) delivered to a pawnbroker as part of a pawn transaction; and
3193          (b) redeemed or repurchased within the time period established in a written agreement
3194     between the person and the pawnbroker for redeeming or repurchasing the product;
3195          (61) (a) purchases or leases of an item described in Subsection (61)(b) if the item:
3196          (i) is purchased or leased by, or on behalf of, a telecommunications service provider;
3197     and
3198          (ii) has a useful economic life of one or more years; and
3199          (b) the following apply to Subsection (61)(a):
3200          (i) telecommunications enabling or facilitating equipment, machinery, or software;
3201          (ii) telecommunications equipment, machinery, or software required for 911 service;
3202          (iii) telecommunications maintenance or repair equipment, machinery, or software;
3203          (iv) telecommunications switching or routing equipment, machinery, or software; or
3204          (v) telecommunications transmission equipment, machinery, or software;
3205          (62) (a) beginning on July 1, 2006, and ending on June 30, 2027, purchases of tangible
3206     personal property or a product transferred electronically that are used in the research and
3207     development of alternative energy technology; and
3208          (b) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
3209     commission may, for purposes of Subsection (62)(a), make rules defining what constitutes
3210     purchases of tangible personal property or a product transferred electronically that are used in
3211     the research and development of alternative energy technology;
3212          (63) (a) purchases of tangible personal property or a product transferred electronically
3213     if:
3214          (i) the tangible personal property or product transferred electronically is:
3215          (A) purchased outside of this state;
3216          (B) brought into this state at any time after the purchase described in Subsection
3217     (63)(a)(i)(A); and
3218          (C) used in conducting business in this state; and

3219          (ii) for:
3220          (A) tangible personal property or a product transferred electronically other than the
3221     tangible personal property described in Subsection (63)(a)(ii)(B), the first use of the property
3222     for a purpose for which the property is designed occurs outside of this state; or
3223          (B) a vehicle other than a vehicle sold to an authorized carrier, the vehicle is registered
3224     outside of this state and not required to be registered in this state under Section 41-1a-202 or
3225     73-18-9 based on residency;
3226          (b) the exemption provided for in Subsection (63)(a) does not apply to:
3227          (i) a lease or rental of tangible personal property or a product transferred electronically;
3228     or
3229          (ii) a sale of a vehicle exempt under Subsection (33); and
3230          (c) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for
3231     purposes of Subsection (63)(a), the commission may by rule define what constitutes the
3232     following:
3233          (i) conducting business in this state if that phrase has the same meaning in this
3234     Subsection (63) as in Subsection (24);
3235          (ii) the first use of tangible personal property or a product transferred electronically if
3236     that phrase has the same meaning in this Subsection (63) as in Subsection (24); or
3237          (iii) a purpose for which tangible personal property or a product transferred
3238     electronically is designed if that phrase has the same meaning in this Subsection (63) as in
3239     Subsection (24);
3240          (64) sales of disposable home medical equipment or supplies if:
3241          (a) a person presents a prescription for the disposable home medical equipment or
3242     supplies;
3243          (b) the disposable home medical equipment or supplies are used exclusively by the
3244     person to whom the prescription described in Subsection (64)(a) is issued; and
3245          (c) the disposable home medical equipment and supplies are listed as eligible for
3246     payment under:
3247          (i) Title XVIII, federal Social Security Act; or
3248          (ii) the state plan for medical assistance under Title XIX, federal Social Security Act;
3249          (65) sales:

3250          (a) to a public transit district under Title 17B, Chapter 2a, Part 8, Public Transit
3251     District Act; or
3252          (b) of tangible personal property to a subcontractor of a public transit district, if the
3253     tangible personal property is:
3254          (i) clearly identified; and
3255          (ii) installed or converted to real property owned by the public transit district;
3256          (66) sales of construction materials:
3257          (a) purchased on or after July 1, 2010;
3258          (b) purchased by, on behalf of, or for the benefit of an international airport:
3259          (i) located within a county of the first class; and
3260          (ii) that has a United States customs office on its premises; and
3261          (c) if the construction materials are:
3262          (i) clearly identified;
3263          (ii) segregated; and
3264          (iii) installed or converted to real property:
3265          (A) owned or operated by the international airport described in Subsection (66)(b); and
3266          (B) located at the international airport described in Subsection (66)(b);
3267          (67) sales of construction materials:
3268          (a) purchased on or after July 1, 2008;
3269          (b) purchased by, on behalf of, or for the benefit of a new airport:
3270          (i) located within a county of the second class; and
3271          (ii) that is owned or operated by a city in which an airline as defined in Section
3272     59-2-102 is headquartered; and
3273          (c) if the construction materials are:
3274          (i) clearly identified;
3275          (ii) segregated; and
3276          (iii) installed or converted to real property:
3277          (A) owned or operated by the new airport described in Subsection (67)(b);
3278          (B) located at the new airport described in Subsection (67)(b); and
3279          (C) as part of the construction of the new airport described in Subsection (67)(b);
3280          (68) except for the tax imposed by Subsection 59-12-103(2)(d), sales of fuel to a

3281     common carrier that is a railroad for use in a locomotive engine;
3282          (69) purchases and sales described in Section 63H-4-111;
3283          (70) (a) sales of tangible personal property to an aircraft maintenance, repair, and
3284     overhaul provider for use in the maintenance, repair, overhaul, or refurbishment in this state of
3285     a fixed wing turbine powered aircraft if that fixed wing turbine powered aircraft's registration
3286     lists a state or country other than this state as the location of registry of the fixed wing turbine
3287     powered aircraft; or
3288          (b) sales of tangible personal property by an aircraft maintenance, repair, and overhaul
3289     provider in connection with the maintenance, repair, overhaul, or refurbishment in this state of
3290     a fixed wing turbine powered aircraft if that fixed wing turbine powered aircraft's registration
3291     lists a state or country other than this state as the location of registry of the fixed wing turbine
3292     powered aircraft;
3293          (71) subject to Section 59-12-104.4, sales of a textbook for a higher education course:
3294          (a) to a person admitted to an institution of higher education; and
3295          (b) by a seller, other than a bookstore owned by an institution of higher education, if
3296     51% or more of that seller's sales revenue for the previous calendar quarter are sales of a
3297     textbook for a higher education course;
3298          (72) a license fee or tax a municipality imposes in accordance with Subsection
3299     10-1-203(5) on a purchaser from a business for which the municipality provides an enhanced
3300     level of municipal services;
3301          (73) amounts paid or charged for construction materials used in the construction of a
3302     new or expanding life science research and development facility in the state, if the construction
3303     materials are:
3304          (a) clearly identified;
3305          (b) segregated; and
3306          (c) installed or converted to real property;
3307          (74) amounts paid or charged for:
3308          (a) a purchase or lease of machinery and equipment that:
3309          (i) are used in performing qualified research:
3310          (A) as defined in Section 41(d), Internal Revenue Code; and
3311          (B) in the state; and

3312          (ii) have an economic life of three or more years; and
3313          (b) normal operating repair or replacement parts:
3314          (i) for the machinery and equipment described in Subsection (74)(a); and
3315          (ii) that have an economic life of three or more years;
3316          (75) a sale or lease of tangible personal property used in the preparation of prepared
3317     food if:
3318          (a) for a sale:
3319          (i) the ownership of the seller and the ownership of the purchaser are identical; and
3320          (ii) the seller or the purchaser paid a tax under this chapter on the purchase of that
3321     tangible personal property prior to making the sale; or
3322          (b) for a lease:
3323          (i) the ownership of the lessor and the ownership of the lessee are identical; and
3324          (ii) the lessor or the lessee paid a tax under this chapter on the purchase of that tangible
3325     personal property prior to making the lease;
3326          (76) (a) purchases of machinery or equipment if:
3327          (i) the purchaser is an establishment described in NAICS Subsector 713, Amusement,
3328     Gambling, and Recreation Industries, of the 2012 North American Industry Classification
3329     System of the federal Executive Office of the President, Office of Management and Budget;
3330          (ii) the machinery or equipment:
3331          (A) has an economic life of three or more years; and
3332          (B) is used by one or more persons who pay admission or user fees described in
3333     Subsection 59-12-103(1)(f) to the purchaser of the machinery and equipment; and
3334          (iii) 51% or more of the purchaser's sales revenue for the previous calendar quarter is:
3335          (A) amounts paid or charged as admission or user fees described in Subsection
3336     59-12-103(1)(f); and
3337          (B) subject to taxation under this chapter; and
3338          (b) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
3339     commission may make rules for verifying that 51% of a purchaser's sales revenue for the
3340     previous calendar quarter is:
3341          (i) amounts paid or charged as admission or user fees described in Subsection
3342     59-12-103(1)(f); and

3343          (ii) subject to taxation under this chapter;
3344          (77) purchases of a short-term lodging consumable by a business that provides
3345     accommodations and services described in Subsection 59-12-103(1)(i);
3346          (78) amounts paid or charged to access a database:
3347          (a) if the primary purpose for accessing the database is to view or retrieve information
3348     from the database; and
3349          (b) not including amounts paid or charged for a:
3350          (i) digital audio work;
3351          (ii) digital audio-visual work; or
3352          (iii) digital book;
3353          (79) amounts paid or charged for a purchase or lease made by an electronic financial
3354     payment service, of:
3355          (a) machinery and equipment that:
3356          (i) are used in the operation of the electronic financial payment service; and
3357          (ii) have an economic life of three or more years; and
3358          (b) normal operating repair or replacement parts that:
3359          (i) are used in the operation of the electronic financial payment service; and
3360          (ii) have an economic life of three or more years;
3361          (80) sales of a fuel cell as defined in Section 54-15-102;
3362          (81) amounts paid or charged for a purchase or lease of tangible personal property or a
3363     product transferred electronically if the tangible personal property or product transferred
3364     electronically:
3365          (a) is stored, used, or consumed in the state; and
3366          (b) is temporarily brought into the state from another state:
3367          (i) during a disaster period as defined in Section 53-2a-1202;
3368          (ii) by an out-of-state business as defined in Section 53-2a-1202;
3369          (iii) for a declared state disaster or emergency as defined in Section 53-2a-1202; and
3370          (iv) for disaster- or emergency-related work as defined in Section 53-2a-1202;
3371          (82) sales of goods and services at a morale, welfare, and recreation facility, as defined
3372     in Section [39-9-102] 39A-7-102, made pursuant to [Title 39, Chapter 9] Title 39A, Chapter 7,
3373     State Morale, Welfare, and Recreation Program;

3374          (83) amounts paid or charged for a purchase or lease of molten magnesium;
3375          (84) amounts paid or charged for a purchase or lease made by a qualifying data center
3376     or an occupant of a qualifying data center of machinery, equipment, or normal operating repair
3377     or replacement parts, if the machinery, equipment, or normal operating repair or replacement
3378     parts:
3379          (a) are used in:
3380          (i) the operation of the qualifying data center; or
3381          (ii) the occupant's operations in the qualifying data center; and
3382          (b) have an economic life of one or more years;
3383          (85) sales of cleaning or washing of a vehicle, except for cleaning or washing of a
3384     vehicle that includes cleaning or washing of the interior of the vehicle;
3385          (86) amounts paid or charged for a purchase or lease of machinery, equipment, normal
3386     operating repair or replacement parts, catalysts, chemicals, reagents, solutions, or supplies used
3387     or consumed:
3388          (a) by a refiner who owns, leases, operates, controls, or supervises a refinery as defined
3389     in Section 79-6-701 located in the state;
3390          (b) if the machinery, equipment, normal operating repair or replacement parts,
3391     catalysts, chemicals, reagents, solutions, or supplies are used or consumed in:
3392          (i) the production process to produce gasoline or diesel fuel, or at which blendstock is
3393     added to gasoline or diesel fuel;
3394          (ii) research and development;
3395          (iii) transporting, storing, or managing raw materials, work in process, finished
3396     products, and waste materials produced from refining gasoline or diesel fuel, or adding
3397     blendstock to gasoline or diesel fuel;
3398          (iv) developing or maintaining a road, tunnel, excavation, or similar feature used in
3399     refining; or
3400          (v) preventing, controlling, or reducing pollutants from refining; and
3401          (c) if the person holds a valid refiner tax exemption certification as defined in Section
3402     79-6-701;
3403          (87) amounts paid to or charged by a proprietor for accommodations and services, as
3404     defined in Section 63H-1-205, if the proprietor is subject to the MIDA accommodations tax

3405     imposed under Section 63H-1-205;
3406          (88) amounts paid or charged for a purchase or lease of machinery, equipment, normal
3407     operating repair or replacement parts, or materials, except for office equipment or office
3408     supplies, by an establishment, as the commission defines that term in accordance with Title
3409     63G, Chapter 3, Utah Administrative Rulemaking Act, that:
3410          (a) is described in NAICS Code 621511, Medical Laboratories, of the 2017 North
3411     American Industry Classification System of the federal Executive Office of the President,
3412     Office of Management and Budget;
3413          (b) is located in this state; and
3414          (c) uses the machinery, equipment, normal operating repair or replacement parts, or
3415     materials in the operation of the establishment; and
3416          (89) amounts paid or charged for an item exempt under Section 59-12-104.10.
3417          Section 131. Section 76-5-102.4 is amended to read:
3418          76-5-102.4. Assault against peace officer or a military servicemember in uniform
3419     -- Penalties.
3420          (1) As used in this section:
3421          (a) "Assault" means the same as that term is defined in Section 76-5-102.
3422          (b) "Military servicemember in uniform" means:
3423          (i) a member of any branch of the United States military who is wearing a uniform as
3424     authorized by the member's branch of service; or
3425          (ii) a member of the National Guard serving as provided in Section [39-1-5 or 39-1-9]
3426     39A-3-103.
3427          (c) "Peace officer" means:
3428          (i) a law enforcement officer certified under Section 53-13-103;
3429          (ii) a correctional officer under Section 53-13-104;
3430          (iii) a special function officer under Section 53-13-105; or
3431          (iv) a federal officer under Section 53-13-106.
3432          (d) "Threat of violence" means the same as that term is defined in Section 76-5-107.
3433          (2) A person is guilty of a class A misdemeanor, except as provided in Subsections (3)
3434     and (4), who:
3435          (a) commits an assault or threat of violence against a peace officer, with knowledge that

3436     the person is a peace officer, and when the peace officer is acting within the scope of authority
3437     as a peace officer; or
3438          (b) commits an assault or threat of violence against a military servicemember in
3439     uniform when that servicemember is on orders and acting within the scope of authority granted
3440     to the military servicemember in uniform.
3441          (3) A person who violates Subsection (2) is guilty of a third degree felony if the
3442     person:
3443          (a) has been previously convicted of a class A misdemeanor or a felony violation of
3444     this section; or
3445          (b) the person causes substantial bodily injury.
3446          (4) A person who violates Subsection (2) is guilty of a second degree felony if the
3447     person uses:
3448          (a) a dangerous weapon as defined in Section 76-1-601; or
3449          (b) other means or force likely to produce death or serious bodily injury.
3450          (5) A person who violates this section shall serve, in jail or another correctional
3451     facility, a minimum of:
3452          (a) 90 consecutive days for a second offense; and
3453          (b) 180 consecutive days for each subsequent offense.
3454          (6) The court may suspend the imposition or execution of the sentence required under
3455     Subsection (5) if the court finds that the interests of justice would be best served by the
3456     suspension and the court makes specific findings concerning the disposition on the record.
3457          (7) This section does not affect or limit any individual's constitutional right to the
3458     lawful expression of free speech, the right of assembly, or any other recognized rights secured
3459     by the Constitution or laws of Utah or by the Constitution or laws of the United States.
3460          Section 132. Section 78B-20-302 is amended to read:
3461          78B-20-302. Proceeding for temporary custody -- Order.
3462          (1) After a deploying parent receives notice of deployment and until the deployment
3463     terminates, a court may issue a temporary order granting custodial responsibility unless
3464     prohibited by Section [39-7-105] 39A-6-105 and the Servicemembers Civil Relief Act, 50
3465     U.S.C. Appendix Sections 521 and 522. A court may not issue a permanent order granting
3466     custodial responsibility without the consent of the deploying parent.

3467          (2) At any time after a deploying parent receives notice of deployment, either parent
3468     may file a motion regarding custodial responsibility of a child during deployment. The motion
3469     shall be filed in a pending proceeding for custodial responsibility in a court with jurisdiction
3470     under Section 78B-20-104 or, if there is no pending proceeding in a court with jurisdiction
3471     under Section 78B-20-104, in a new action for granting custodial responsibility during
3472     deployment.
3473          Section 133. Section 78B-20-311 is amended to read:
3474          78B-20-311. Modifying or terminating grant of custodial responsibility to
3475     nonparent.
3476          (1) Except for an order under Section 78B-20-305, except as otherwise provided in
3477     Subsection (2), and consistent with Section [39-7-105] 39A-6-105 and the Servicemembers
3478     Civil Relief Act, 50 U.S.C. Appendix Sections 521 and 522, on motion of a deploying parent,
3479     other parent, or any nonparent to whom caretaking authority, decision-making authority, or
3480     limited contact has been granted, the court may modify or terminate the grant if the
3481     modification or termination is consistent with this part and it is in the best interest of the child.
3482     A modification is temporary and terminates pursuant to Part 4, Return from Deployment, after
3483     the deploying parent returns from deployment, unless the grant has been terminated before that
3484     time by court order.
3485          (2) On motion of a deploying parent, the court shall terminate a grant of limited
3486     contact.
3487          Section 134. Repealer.
3488          This bill repeals:
3489          Section 39-1-2, Militia divided into two parts.
3490          Section 39-1-4, Staff of commander in chief.
3491          Section 39-1-5, Governor may call guard into active service -- Authority.
3492          Section 39-1-7, Muster of unorganized militia.
3493          Section 39-1-10, Unorganized militia in service, how governed.
3494          Section 39-1-12.5, Convening authority for military court.
3495          Section 39-1-13, Adjutant general -- As disbursing and property officer.
3496          Section 39-1-14, Adjutant general -- Drawing vouchers for property damage.
3497          Section 39-1-15, Adjutant general -- Disposition of unserviceable property.

3498          Section 39-1-16, Adjutant general -- Rendering accounts.
3499          Section 39-1-17, Adjutant general -- Custodian of military trophies.
3500          Section 39-1-18, Director of joint staff -- Assistant adjutant general for the army --
3501     Assistant adjutant general for air -- Commander, land component command -- Chief of
3502     staff for air -- Officer for permanent duty as personnel officer.
3503          Section 39-1-19, Clerical assistance.
3504          Section 39-1-21, Adjutant general -- Salary.
3505          Section 39-1-22, Caretakers.
3506          Section 39-1-24, Duties of assistant adjutants general.
3507          Section 39-1-25, Property and fiscal officer of the United States for Utah.
3508          Section 39-1-26, Assistant quartermaster-general.
3509          Section 39-1-28, Loss of property -- Liability.
3510          Section 39-1-29, Organization of National Guard controlled by federal law.
3511          Section 39-1-30, Officers of National Guard -- Commissions.
3512          Section 39-1-31, Commissions to officers -- Relative rank.
3513          Section 39-1-32, National Guard -- Enlistment -- Qualifications -- Discharge.
3514          Section 39-1-33, Noncommissioned officers.
3515          Section 39-1-34, Excuse from drill -- Furloughs and leaves of absence.
3516          Section 39-1-35, State employees in National Guard -- Care of dependents when
3517     called into service.
3518          Section 39-1-37, Military duties.
3519          Section 39-1-38, Regulations and forms.
3520          Section 39-1-38.5, Utah Manual for Military Courts to be issued -- Military court
3521     jurisdiction.
3522          Section 39-1-39, Orders for duty -- How served.
3523          Section 39-1-41, Discharge or dismissal.
3524          Section 39-1-44, Members of military courts exempt from liability.
3525          Section 39-1-45, Jurisdiction presumed.
3526          Section 39-1-46, Arsenal -- Military supplies -- Loss.
3527          Section 39-1-52, Encampments.
3528          Section 39-1-53, Military units not to leave state.

3529          Section 39-1-54, Privilege from arrest or citation -- Exceptions.
3530          Section 39-1-56, Execution of a judgment imposing a fine -- Disposition of fines.
3531          Section 39-1-58, Vacating officer commissions -- Placement of officers in reserves.
3532          Section 39-1-60, Laws and regulations of United States control.
3533          Section 39-1-62, Group life insurance for members of National Guard.
3534          Section 39-2-7, Budget -- Annual legislative approval.
3535          Section 39-4-2, Governor to prescribe rules and regulations.
3536          Section 39-4-6, Forces of another state in fresh pursuit may make arrests.
3537          Section 39-4-13, Short title.
3538          Section 39-5-1, Power of governor to execute.
3539          Section 39-5-2, Form of compact.
3540          Section 39-5-3, Owner of property free from liability for injuries to persons or
3541     property during actual, impending, or mock attack.
3542          Section 39-6-18, Convening military court.
3543          Section 39-6-21, Military court -- Duties of convening authority.
3544          Section 39-6-36, Desertion or absence without leave and other offenses -- Time
3545     limit on trial -- Tolling of time limits.
3546          Section 39-6-48, Cruel and unusual punishments -- Use of irons.
3547          Section 39-6-57, Convening authority -- Approval of findings and sentence.
3548          Section 39-6-111, Action by military court -- Protection from prosecution.
3549          Section 39-6-112, Presumption of military court jurisdiction.
3550          Section 39-6-113, Jurisdiction over offenses.
3551          Section 39-7-101, Short title.
3552          Section 39-7-103, Application of this chapter.
3553          Section 39-8-101, Definitions.
3554          Section 39-8-102, Counseling program.
3555          Section 39-9-106, Risk management.
3556          Section 39-9-107, Equipment rentals and sales of food and beverage.