1     
UTAH NATIONAL GUARD AMENDMENTS

2     
2024 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Jefferson S. Burton

5     
Senate Sponsor: Heidi Balderree

6     

7     LONG TITLE
8     General Description:
9          This bill modifies provisions related to the Utah National Guard.
10     Highlighted Provisions:
11          This bill:
12          ▸     allows for reenlistment bonus assistance to a member of the Utah National Guard;
13          ▸     modifies the constitution of the Utah State Defense Force;
14          ▸     adds a provision for the acceptance of gifts to the Utah National Guard;
15          ▸     amends provisions related to benefits for the executive director of the Department
16     of Veterans and Military Affairs;
17          ▸     requires the deputy director for veterans services to be a veteran;
18          ▸     clarifies a definition related to veteran preference eligibility to include the words
19     "service member";
20          ▸     reenacts provisions related to a leave of absence from employment for reserve
21     members of the armed forces; and
22          ▸     makes technical corrections.
23     Money Appropriated in this Bill:
24          None
25     Other Special Clauses:
26          This bill provides a special effective date.
27     Utah Code Sections Affected:
28     AMENDS:
29          39A-1-201, as renumbered and amended by Laws of Utah 2022, Chapter 373

30          39A-1-203, as enacted by Laws of Utah 2022, Chapter 373
31          39A-3-105, as enacted by Laws of Utah 2022, Chapter 373
32          39A-3-202, as last amended by Laws of Utah 2023, Chapter 44
33          39A-3-204, as renumbered and amended by Laws of Utah 2022, Chapter 373
34          39A-4-101, as renumbered and amended by Laws of Utah 2022, Chapter 373
35          67-22-2, as last amended by Laws of Utah 2023, Chapter 205
36          71A-1-202, as enacted by Laws of Utah 2023, Chapter 44
37          71A-2-101, as last amended by Laws of Utah 2023, Chapter 16 and renumbered and
38     amended by Laws of Utah 2023, Chapter 44
39     ENACTS:
40          39A-3-205, Utah Code Annotated 1953
41          39A-9-101, Utah Code Annotated 1953
42          71A-8-105, Utah Code Annotated 1953
43     

44     Be it enacted by the Legislature of the state of Utah:
45          Section 1. Section 39A-1-201 is amended to read:
46          39A-1-201. Adjutant general -- Appointment -- Term -- Qualifications.
47          (1) There shall be one adjutant general of the Utah National Guard appointed by the
48     governor.
49          (2) The adjutant general is the commanding general of the Utah National Guard and the
50     Utah State Defense Force and [holds office for a term of six years, unless terminated by
51     resignation, disability, age, in accordance with Subsection (6), or for cause] serves at the
52     pleasure of the governor.
53          (3) The individual appointed to the office shall:
54          (a) be a citizen of Utah and meet the requirements provided in Title 32, United States
55     Code;
56          (b) be a federally recognized commissioned officer, with the rank of colonel or higher,
57     of the Army National Guard [of the United States] or the Air National Guard with no fewer

58     than five years commissioned service in the Utah National Guard; and
59          (c) as determined by the governor, have sufficient knowledge and experience to
60     command the Utah National Guard.
61          (4) Active service in the armed forces of the United States may be included in the
62     requirement in Subsection (3)(b), if the officer was a member of the Utah National Guard when
63     the officer entered that service.
64          (5) The adjutant general shall establish a succession plan consistent with Section
65     53-2a-804 to ensure the continuity of command.
66          (6) An officer is no longer eligible to hold the office of adjutant general after attaining
67     the age of 64 years.
68          (7) The adjutant general shall ensure the readiness, training, discipline, and operations
69     of the Utah National Guard.
70          Section 2. Section 39A-1-203 is amended to read:
71          39A-1-203. Director of joint staff -- Assistant adjutants general -- Chief of staff
72     for the Air Force.
73          (1) There is authorized an assistant adjutant general for the Army, an assistant adjutant
74     general for the Air Force, a chief of staff for the Air Force, a land component commander, and
75     a director of joint staff.
76          (2) The adjutant general, with the approval of the governor, may appoint assistant
77     adjutant generals, a chief of staff for the Air Force, a land component commander, and a
78     director of joint staff with pay from the state.
79          (3) The assistant adjutants general, the chief of staff for the Air Force, the land
80     component commander, and the director of joint staff shall be at least a federally recognized
81     field grade commissioned officer of the Utah National Guard with not less than five years
82     military service in the armed forces of a state or of the United States, at least three of which
83     shall have been commissioned in the Utah National Guard. The officers shall hold office at the
84     pleasure of the adjutant general.
85          (4) The adjutant general may detail an officer without the required commissioned

86     service in the Utah National Guard to a position in this section only with the written approval
87     of the governor.
88          Section 3. Section 39A-3-105 is amended to read:
89          39A-3-105. General officer salary and benefits.
90          (1) Full-time, state employed general officers or officers appointed to a general officer
91     position shall receive a salary that makes the total federal and state compensation at least
92     commensurate with the pay and allowances for their military grade or assigned position, time
93     in grade, and time in service as established in the United States Department of Defense Finance
94     and Accounting Services annual pay and allowances chart.
95          (2) General officers or other officers appointed to a general officer position and
96     appointed to state employment shall receive the benefits and protections in Section [39-1-36]
97     71A-8-105 for the term of the appointment.
98          Section 4. Section 39A-3-202 is amended to read:
99          39A-3-202. Pay and care of soldiers and airmen disabled while on state active
100     duty.
101          (1) (a) Before a service member may be considered disabled in accordance with this
102     section, the Adjutant General shall determine whether the service member's illness, injury, or
103     disease was contracted or occurred through the fault or gross negligence of the service member.
104     If the service member is determined to be at fault for an injury or developed a disability
105     through his or her own grossly negligent actions, the service member is not entitled to any care,
106     pension, or benefit in accordance with this section.
107          (b) Notwithstanding Subsection (1)(a) the service member may be eligible for benefits
108     in accordance with Title 34A, Chapter 2, Workers' Compensation Act, and Chapter 3, Utah
109     Occupational Disease Act.
110          (2) A member of the Utah National Guard or Utah State Defense Force who is disabled
111     through illness, injury, or disease contracted or incurred while on state active duty or while
112     reasonably proceeding to or returning from duty is eligible to receive workers' compensation
113     benefits in accordance with Title 34A, Chapter 2, Workers' Compensation Act.

114          (3) (a) If the disability temporarily incapacitates the service member from pursuing the
115     service member's usual business or occupation, the service member is eligible to receive
116     workers' compensation benefits in accordance with Title 34A, Chapter 2, Workers'
117     Compensation Act, and Chapter 3, Utah Occupational Disease Act.
118          (b) For the duration of the service member's inability to pursue a business or
119     occupation, the adjutant general shall provide compensation so that the total compensation,
120     including the disability compensation received under Subsection (3)(a) is commensurate with
121     the injured service member's lost pay. The adjutant general shall consider lost civilian and
122     military pay in the compensation.
123          (4) A service member who is permanently disabled, shall receive pensions and benefits
124     from the state that individuals under like circumstances in the Armed Forces of the United
125     States receive from the United States.
126          (5) If a service member dies as a result of an injury, illness, or disease contracted or
127     incurred while on state active duty or while reasonably proceeding to or returning from active
128     duty, the surviving spouse, minor children, or dependent parents of the service member shall
129     receive compensation as directed in Section 39A-3-203.
130          (6) Costs incurred by reason of this section shall be paid out of the funds available to
131     the Utah National Guard.
132          (7) The adjutant general, with the approval of the governor, shall make and publish
133     regulations to implement this section.
134          (8) Nothing in this section shall in any way limit or condition any other payment to a
135     service member that the law allows.
136          Section 5. Section 39A-3-204 is amended to read:
137          39A-3-204. National Guard Death Benefit Account.
138          (1) There is created within the General Fund a restricted account known as "National
139     Guard Death Benefit Account."
140          (2) (a) The restricted account shall be funded from funds appropriated by the
141     Legislature.

142          (b) Funds in the restricted account may only be used to pay the death benefit authorized
143     in Section [39A-3-204] 39A-3-203.
144          (c) The restricted account may accrue interest which shall be deposited into the
145     restricted account.
146          (d) At the close of any fiscal year, any balance in the fund in excess of $2,000,000 shall
147     be transferred to the General Fund.
148          Section 6. Section 39A-3-205 is enacted to read:
149          39A-3-205. Recruitment and retention bonus assistance for Utah National Guard
150     members -- Use and allocation -- Appropriation.
151          (1) The Utah National Guard may provide recruitment and retention bonus assistance
152     to a member of the Utah National Guard for the purpose of recruitment and retention, if, at the
153     time the individual receives the assistance, the individual is an active member in good standing
154     with the Utah National Guard.
155          (2) The adjutant general may award recruitment and retention bonus assistance as the
156     adjutant general considers necessary to meet recruitment and retention needs.
157          (3) The adjutant general of the state shall pay recruitment and retention bonus
158     assistance directly to the individual.
159          (4) The adjutant general may recoup recruitment and retention bonus assistance funds
160     from a recipient if a recipient fails to meet the requirements of the program.
161          (5) The adjutant general shall establish regulations, procedures, forms, and reports
162     necessary to administer the allocation of assistance and payment of funds under this section.
163          (6) The adjutant general may use no more than 10% of the funds for administration of
164     the program as the adjutant general considers necessary.
165          Section 7. Section 39A-4-101 is amended to read:
166          39A-4-101. Utah State Defense Force -- How constituted.
167          (1) Unless exempt under Subsection [(2)] (3), in accordance with the Utah
168     Constitution, Article XV, Section 1, all able-bodied [citizens, and all able-bodied individuals of
169     foreign birth who have declared their intention to become citizens, are 18 years old or older and

170     younger than 64 years old, and are residents of this state] male inhabitants of the state, between
171     the ages of 18 and 45 years old, except such as are exempted by law, constitute the Utah State
172     Defense Force.
173          (2) Individuals 18 years old or older, who are residents of the state, may volunteer for
174     consideration by the adjutant general to be members of the Utah State Defense Force.
175          [(2)] (3) Individuals exempt from Subsection (1) include:
176          (a) individuals exempted from military service by laws of the United States;
177          (b) individuals exempted from military service by the laws of this state;
178          (c) all individuals who have been honorably discharged from the armed forces, or
179     volunteer forces of the United States;
180          (d) active members of any regularly organized fire or police department in any city or
181     town, but a member of the active defense force may not be relieved from duty because the
182     individual joined any volunteer fire company or department;
183          (e) judges and clerks of courts of record;
184          (f) state and county civil officers holding office by election;
185          (g) state officers appointed by the governor for a specified term of office;
186          (h) ministers of the gospel; and
187          (i) practicing physicians and hospital officers and assistants.
188          [(3)] (4) All individuals described in Subsection (1) are liable to military duty in case
189     of war, insurrection, invasion, tumult, riot, or public disaster, or imminent danger of any of
190     these, or after voluntarily enlisting in the National Guard of this state.
191          Section 8. Section 39A-9-101 is enacted to read:
192     
CHAPTER 9. GIFTS TO THE UTAH NATIONAL GUARD

193          39A-9-101. Acceptance of gifts.
194          (1) The Utah National Guard is authorized to receive gifts, contributions, and
195     donations of all kinds, including tangible objects and real property made on the condition that
196     the Utah National Guard uses the gifts, contributions, and donations for the benefit of, or in
197     connection with, the Utah National Guard and Utah National Guard members, employees, or

198     members' or employees' dependents.
199          (2) The adjutant general is the acceptance authority for gifts described in Subsection
200     (1).
201          (3) The adjutant general may also accept gifts donated to benefit a state military
202     museum or to create a memorial within the state honoring the activities of the Utah National
203     Guard.
204          (4) A gift, grant, or donation described in this section will not revert to the General
205     Fund and shall be considered non-lapsing funds.
206          (5) Acceptance authorities will ensure compliance with the restrictions and limitations
207     contained in Section 63G-6a-2404.
208          (6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
209     department shall make rules for the acceptance of gifts, including establishing:
210          (a) delegation of gift acceptance authority;
211          (b) the method and criteria for accepting gifts;
212          (c) identification of existing accounts for gift proceeds to be deposited into;
213          (d) use and purpose of gifts;
214          (e) prohibitions; and
215          (f) exceptions to the policy.
216          Section 9. Section 67-22-2 is amended to read:
217          67-22-2. Compensation -- Other state officers.
218          (1) As used in this section:
219          (a) "Appointed executive" means the:
220          (i) commissioner of the Department of Agriculture and Food;
221          (ii) commissioner of the Insurance Department;
222          (iii) commissioner of the Labor Commission;
223          (iv) director, Department of Alcoholic Beverage Services;
224          (v) commissioner of the Department of Financial Institutions;
225          (vi) executive director, Department of Commerce;

226          (vii) executive director, Commission on Criminal and Juvenile Justice;
227          (viii) adjutant general;
228          (ix) executive director, Department of Cultural and Community Engagement;
229          (x) executive director, Department of Corrections;
230          (xi) commissioner, Department of Public Safety;
231          (xii) executive director, Department of Natural Resources;
232          (xiii) executive director, Governor's Office of Planning and Budget;
233          (xiv) executive director, Department of Government Operations;
234          (xv) executive director, Department of Environmental Quality;
235          (xvi) executive director, Governor's Office of Economic Opportunity;
236          (xvii) executive director, Department of Workforce Services;
237          (xviii) executive director, Department of Health and Human Services, Nonphysician;
238          [(xix) executive director, Department of Human Services;]
239          [(xx)] (xix) executive director, Department of Transportation;
240          [(xxi)] (xx) executive director, Department of Veterans and Military Affairs;
241          [(xxii)] (xxi) executive director, Public Lands Policy Coordinating Office, created in
242     Section 63L-11-201; and
243          [(xxiii)] (xxii) Great Salt Lake commissioner, appointed under Section 73-32-201.
244          (b) "Board or commission executive" means:
245          (i) members, Board of Pardons and Parole;
246          (ii) chair, State Tax Commission;
247          (iii) commissioners, State Tax Commission;
248          (iv) executive director, State Tax Commission;
249          (v) chair, Public Service Commission; and
250          (vi) commissioners, Public Service Commission.
251          (c) "Deputy" means the person who acts as the appointed executive's second in
252     command as determined by the Division of Human Resource Management.
253          (2) (a) The director of the Division of Human Resource Management shall:

254          (i) before October 31 of each year, recommend to the governor a compensation plan for
255     the appointed executives and the board or commission executives; and
256          (ii) base those recommendations on market salary studies conducted by the Division of
257     Human Resource Management.
258          (b) (i) The Division of Human Resource Management shall determine the salary range
259     for the appointed executives by:
260          (A) identifying the salary range assigned to the appointed executive's deputy;
261          (B) designating the lowest minimum salary from those deputies' salary ranges as the
262     minimum salary for the appointed executives' salary range; and
263          (C) designating 105% of the highest maximum salary range from those deputies' salary
264     ranges as the maximum salary for the appointed executives' salary range.
265          (ii) If the deputy is a medical doctor, the Division of Human Resource Management
266     may not consider that deputy's salary range in designating the salary range for appointed
267     executives.
268          (c) (i) Except as provided in Subsection (2)(c)(ii), in establishing the salary ranges for
269     board or commission executives, the Division of Human Resource Management shall set the
270     maximum salary in the salary range for each of those positions at 90% of the salary for district
271     judges as established in the annual appropriation act under Section 67-8-2.
272          (ii) In establishing the salary ranges for an individual described in Subsection (1)(b)(ii)
273     or (iii), the Division of Human Resource Management shall set the maximum salary in the
274     salary range for each of those positions at 100% of the salary for district judges as established
275     in the annual appropriation act under Section 67-8-2.
276          (3) (a) (i) Except as provided in Subsection (3)(a)(ii), the governor shall establish a
277     specific salary for each appointed executive within the range established under Subsection
278     (2)(b).
279          (ii) If the executive director of the Department of Health and Human Services is a
280     physician, the governor shall establish a salary within the highest physician salary range
281     established by the Division of Human Resource Management.

282          (iii) The governor may provide salary increases for appointed executives within the
283     range established by Subsection (2)(b) and identified in Subsection (3)(a)(ii).
284          (b) The governor shall apply the same overtime regulations applicable to other FLSA
285     exempt positions.
286          (c) The governor may develop standards and criteria for reviewing the appointed
287     executives.
288          (4) Salaries for other Schedule A employees, as defined in Section 63A-17-301, that
289     are not provided for in this chapter, or in Title 67, Chapter 8, Utah Elected Official and Judicial
290     Salary Act, shall be established as provided in Section 63A-17-301.
291          (5) (a) The Legislature fixes benefits for the appointed executives and the board or
292     commission executives as follows:
293          (i) the option of participating in a state retirement system established by Title 49, Utah
294     State Retirement and Insurance Benefit Act, or in a deferred compensation plan administered
295     by the State Retirement Office in accordance with the Internal Revenue Code and its
296     accompanying rules and regulations;
297          (ii) health insurance;
298          (iii) dental insurance;
299          (iv) basic life insurance;
300          (v) unemployment compensation;
301          (vi) workers' compensation;
302          (vii) required employer contribution to Social Security;
303          (viii) long-term disability income insurance;
304          (ix) the same additional state-paid life insurance available to other noncareer service
305     employees;
306          (x) the same severance pay available to other noncareer service employees;
307          (xi) the same leave, holidays, and allowances granted to Schedule B state employees as
308     follows:
309          (A) sick leave;

310          (B) converted sick leave if accrued prior to January 1, 2014;
311          (C) educational allowances;
312          (D) holidays; and
313          (E) annual leave except that annual leave shall be accrued at the maximum rate
314     provided to Schedule B state employees;
315          (xii) the option to convert accumulated sick leave to cash or insurance benefits as
316     provided by law or rule upon resignation or retirement according to the same criteria and
317     procedures applied to Schedule B state employees;
318          (xiii) the option to purchase additional life insurance at group insurance rates according
319     to the same criteria and procedures applied to Schedule B state employees; and
320          (xiv) professional memberships if being a member of the professional organization is a
321     requirement of the position.
322          (b) Each department shall pay the cost of additional state-paid life insurance for its
323     executive director from its existing budget.
324          (6) The Legislature fixes the following additional benefits:
325          (a) for the executive director of the State Tax Commission a vehicle for official and
326     personal use;
327          (b) for the executive director of the Department of Transportation a vehicle for official
328     and personal use;
329          (c) for the executive director of the Department of Natural Resources a vehicle for
330     commute and official use;
331          (d) for the commissioner of Public Safety:
332          (i) an accidental death insurance policy if POST certified; and
333          (ii) a public safety vehicle for official and personal use;
334          (e) for the executive director of the Department of Corrections:
335          (i) an accidental death insurance policy if POST certified; and
336          (ii) a public safety vehicle for official and personal use;
337          (f) for the adjutant general a vehicle for official and personal use; [and]

338          (g) for each member of the Board of Pardons and Parole a vehicle for commute and
339     official use[.]; and
340          (h) for the executive director of the Department of Veterans and Military Affairs a
341     vehicle for commute and official use.
342          Section 10. Section 71A-1-202 is amended to read:
343          71A-1-202. Department of Veterans and Military Affairs -- Executive director --
344     Responsibilities.
345          (1) The executive director is the chief administrative officer of the department.
346          (2) The executive director is responsible for:
347          (a) the administration and supervision of the department;
348          (b) the coordination of policies and program activities conducted through the
349     department;
350          (c) the development and approval of the proposed budget of the department;
351          (d) preparing an annual report for presentation not later than November 30 of each year
352     to the Government Operations Interim Committee which covers:
353          (i) services provided to veterans, service members, and their families;
354          (ii) services provided by third parties through the Veterans Assistance Registry;
355          (iii) coordination of veterans services by government entities with the department; and
356          (iv) the status of military missions within the state;
357          (e) advising the governor on matters pertaining to veterans and military affairs
358     throughout the state, including active duty service members, reserve duty service members,
359     veterans, and their families;
360          (f) developing, coordinating, and maintaining relationships with Utah's congressional
361     delegation and appropriate federal agencies; and
362          (g) entering into grants, contracts, agreements, and interagency transfers necessary to
363     support the department's programs.
364          (3) The executive director may appoint deputy directors to assist the executive director
365     in carrying out the department's responsibilities.

366          (4) A deputy director, described in Subsection (3), of veterans' services shall be a
367     veteran.
368          Section 11. Section 71A-2-101 is amended to read:
369          71A-2-101. Veterans' preference -- Definitions.
370          (1) As used in this chapter:
371          (a) "Government entity" means the state, any county, municipality, special district,
372     special service district, or any other political subdivision or administrative unit of the state,
373     including state institutions of education.
374          (b) "Individual with a disability" means a veteran or service member who has
375     established the existence of a service-connected disability or is receiving compensation,
376     disability retirement benefits, or a pension because of a public statute administered by the VA
377     or a military department.
378          (c) "Preference eligible" means:
379          (i) any individual who is a veteran or service member;
380          (ii) an individual with a disability, regardless of the percentage of disability;
381          (iii) the spouse or surviving spouse of a veteran or service member;
382          (iv) a purple heart recipient; or
383          (v) a retired member of the armed forces.
384          (2) Terms defined in Section 71A-1-101 apply to this chapter.
385          Section 12. Section 71A-8-105 is enacted to read:
386          71A-8-105. Reserve member of armed forces -- Leave of absence from
387     employment -- Liability of employers.
388          (1) Any member of a reserve component of the armed forces of the United States who,
389     pursuant to military orders, enters active duty, active duty for training, inactive duty training, or
390     state active duty shall, upon request, be granted a leave of absence from employment, but for
391     no more than five years.
392          (2) Members of the Utah National Guard or the State Defense Force, when ordered to
393     state military service by the governor, have the same rights and protections as provided by

394     federal law for activation to federal military service for the duration of their state service not to
395     exceed five years.
396          (3) General officers of the Utah National Guard or the State Defense Force or other
397     officers appointed to a general officer position, when appointed to state employment by the
398     governor or the adjutant general, have the same rights and protections as provided by federal
399     law for activation to federal military service for the duration of their state appointment, even if
400     the state appointment exceeds five years.
401          (4) Upon satisfactory release from state or federal orders, or from hospitalization
402     incidental to the orders, the member shall be permitted to return to the prior employment and
403     have the same rights and protections as provided by federal law for activation to federal
404     military service as it pertains to seniority, status, pay, and vacation the member would have had
405     as an employee if the member had not been absent for military purposes.
406          (5) Any employer who willfully deprives an employee who is absent as a member
407     under this chapter of any of the benefits under this chapter or discriminates in hiring for any
408     employment position, public or private, based on membership in any reserve component of the
409     armed forces, is guilty of a class B misdemeanor.
410          Section 13. Effective date.
411          If approved by two-thirds of all the members elected to each house, this bill takes effect
412     upon approval by the governor, or the day following the constitutional time limit of Utah
413     Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
414     the date of veto override.