Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 360 First Substitute (2022GS)

Sponsor

Rep. Peterson, V.

Final action

Governor Signed 3/24/2022

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• restructures Title 39, Militias and Armories, into Title 39A, National Guard and Militia Act;
• creates the following new chapters:
• Chapter 1, Utah National Guard and Militia Act;
• Chapter 2, State Armory Board;
• Chapter 3, Utah National Guard;
• Chapter 4, Utah State Defense Force;
• Chapter 5, Utah Code of Military Justice;
• Chapter 6, Utah Service Members Civil Relief Act;
• Chapter 7, Morale, Welfare, and Recreation Program; and
• Chapter 8, West Traverse Sentinel Landscape Act;
• clarifies that the State Defense Force is not subject to federal activation;
• specifies qualifications for the adjutant general and staff;
• removes outdated language and provisions; and

Every vote on this bill

Bill text

TITLE 39A - NATIONAL GUARD AND MILITIA ACT
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Val L. Peterson
Senate Sponsor: 
David G. Buxton
LONG TITLE
General Description:
This bill recodifies Title 39, Militias and Armories, as Title 39A, National Guard and
Militia Act.
Highlighted Provisions:
This bill:
▸ restructures Title 39, Militias and Armories, into Title 39A, National Guard and
Militia Act;
▸ creates the following new chapters:
• Chapter 1, Utah National Guard and Militia Act;
• Chapter 2, State Armory Board;
• Chapter 3, Utah National Guard;
• Chapter 4, Utah State Defense Force;
• Chapter 5, Utah Code of Military Justice;
• Chapter 6, Utah Service Members Civil Relief Act;
• Chapter 7, Morale, Welfare, and Recreation Program; and
• Chapter 8, West Traverse Sentinel Landscape Act;
▸ clarifies that the State Defense Force is not subject to federal activation;
▸ specifies qualifications for the adjutant general and staff;
▸ removes outdated language and provisions; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
31A-22-508
, as enacted by Laws of Utah 1985, Chapter 242
53-2a-603
, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 20
59-12-104
, as last amended by Laws of Utah 2021, Chapters 280 and 367
76-5-102.4
, as last amended by Laws of Utah 2017, Chapters 62 and 123
78B-20-302
, as enacted by Laws of Utah 2016, Chapter 292
78B-20-311
, as enacted by Laws of Utah 2016, Chapter 292
ENACTS:
39A-1-101
, Utah Code Annotated 1953
39A-1-102
, Utah Code Annotated 1953
39A-1-203
, Utah Code Annotated 1953
39A-2-104
, Utah Code Annotated 1953
39A-3-101
, Utah Code Annotated 1953
39A-3-104
, Utah Code Annotated 1953
39A-3-105
, Utah Code Annotated 1953
39A-3-106
, Utah Code Annotated 1953
39A-3-109
, Utah Code Annotated 1953
39A-5-201
, Utah Code Annotated 1953
39A-6-102
, Utah Code Annotated 1953
RENUMBERS AND AMENDS:
39A-1-201
, (Renumbered from 39-1-12, as last amended by Laws of Utah 2018,
Chapter 131)
39A-1-202
, (Renumbered from 39-1-23, Utah Code Annotated 1953)
39A-2-101
, (Renumbered from 39-2-1, as last amended by Laws of Utah 2010, Chapter
286)
39A-2-102
, (Renumbered from 39-2-2, as last amended by Laws of Utah 2021, Chapter
89)
39A-2-103
, (Renumbered from 39-2-9, Utah Code Annotated 1953)
39A-3-102
, (Renumbered from 39-1-3, as last amended by Laws of Utah 2018, Chapter
131)
39A-3-103
, (Renumbered from 39-1-9, as last amended by Laws of Utah 1988, Chapter
210)
39A-3-107
, (Renumbered from 39-1-51, as last amended by Laws of Utah 2021,
Chapter 123)
39A-3-108
, (Renumbered from 39-1-47, Utah Code Annotated 1953)
39A-3-110
, (Renumbered from 39-1-40.5, as last amended by Laws of Utah 2015,
Chapter 70)
39A-3-111
, (Renumbered from 39-1-50, as last amended by Laws of Utah 2013,
Chapter 237)
39A-3-201
, (Renumbered from 39-1-63, as last amended by Laws of Utah 2015,
Chapter 65)
39A-3-202
, (Renumbered from 39-1-65, as enacted by Laws of Utah 2019, Chapter
299)
39A-3-203
, (Renumbered from 39-1-59, as repealed and reenacted by Laws of Utah
2016, Chapter 96)
39A-3-204
, (Renumbered from 39-1-59.5, as enacted by Laws of Utah 2016, Chapter
96)
39A-4-101
, (Renumbered from 39-1-1, as last amended by Laws of Utah 2018, Chapter
131)
39A-4-102
, (Renumbered from 39-4-1, as last amended by Laws of Utah 1988, Chapter
210)
39A-4-103
, (Renumbered from 39-4-9, Utah Code Annotated 1953)
39A-4-104
, (Renumbered from 39-4-11, as last amended by Laws of Utah 1988,
Chapter 210)
39A-4-105
, (Renumbered from 39-4-10, as last amended by Laws of Utah 1988,
Chapter 210)
39A-4-106
, (Renumbered from 39-4-3, as last amended by Laws of Utah 1988, Chapter
210)
39A-4-107
, (Renumbered from 39-4-8, Utah Code Annotated 1953)
39A-4-108
, (Renumbered from 39-4-5, Utah Code Annotated 1953)
39A-4-109
, (Renumbered from 39-4-12, as last amended by Laws of Utah 1988,
Chapter 210)
39A-4-110
, (Renumbered from 39-4-7, Utah Code Annotated 1953)
39A-4-111
, (Renumbered from 39-4-4, Utah Code Annotated 1953)
39A-4-112
, (Renumbered from 39-1-8, Utah Code Annotated 1953)
39A-5-101
, (Renumbered from 39-6-1, as last amended by Laws of Utah 2015, Chapter
70)
39A-5-102
, (Renumbered from 39-6-2, as last amended by Laws of Utah 2015,
Chapters 70 and 83)
39A-5-103
, (Renumbered from 39-6-6, as last amended by Laws of Utah 2008, Chapter
287)
39A-5-104
, (Renumbered from 39-6-3, as enacted by Laws of Utah 1988, Chapter 210)
39A-5-105
, (Renumbered from 39-6-5, as enacted by Laws of Utah 1988, Chapter 210)
39A-5-106
, (Renumbered from 39-6-40, as last amended by Laws of Utah 1988,
Second Special Session, Chapter 9)
39A-5-107
, (Renumbered from 39-6-7, as last amended by Laws of Utah 1989, Chapter
15)
39A-5-108
, (Renumbered from 39-6-8, as enacted by Laws of Utah 1988, Chapter 210)
39A-5-109
, (Renumbered from 39-6-4, as last amended by Laws of Utah 2018, Chapter
131)
39A-5-110
, (Renumbered from 39-6-9, as enacted by Laws of Utah 1988, Chapter 210)
39A-5-111
, (Renumbered from 39-6-10, as last amended by Laws of Utah 1989,
Chapter 15)
39A-5-112
, (Renumbered from 39-6-11, as last amended by Laws of Utah 1988,
Second Special Session, Chapter 9)
39A-5-113
, (Renumbered from 39-6-12, as enacted by Laws of Utah 1988, Chapter
210)
39A-5-114
, (Renumbered from 39-6-23, as enacted by Laws of Utah 1988, Chapter
210)
39A-5-115
, (Renumbered from 39-6-24, as enacted by Laws of Utah 1988, Chapter
210)
39A-5-116
, (Renumbered from 39-6-26, as enacted by Laws of Utah 1988, Chapter
210)
39A-5-117
, (Renumbered from 39-6-27, as last amended by Laws of Utah 2008,
Chapter 287)
39A-5-118
, (Renumbered from 39-6-28, as enacted by Laws of Utah 1988, Chapter
210)
39A-5-119
, (Renumbered from 39-6-114, as repealed and reenacted by Laws of Utah
2018, Chapter 131)
39A-5-202
, (Renumbered from 39-6-15, as last amended by Laws of Utah 2015,
Chapter 70)
39A-5-203
, (Renumbered from 39-6-16, as enacted by Laws of Utah 1988, Chapter
210)
39A-5-204
, (Renumbered from 39-6-109, as enacted by Laws of Utah 1988, Chapter
210)
39A-5-205
, (Renumbered from 39-6-108, as enacted by Laws of Utah 1988, Chapter
210)
39A-5-206
, (Renumbered from 39-6-20, as last amended by Laws of Utah 2008,
Chapter 287)
39A-5-207
, (Renumbered from 39-1-41.5, as last amended by Laws of Utah 1996,
Chapter 198)
39A-5-208
, (Renumbered from 39-6-19, as last amended by Laws of Utah 1989,
Chapter 15)
39A-5-209
, (Renumbered from 39-6-30, as enacted by Laws of Utah 1988, Chapter
210)
39A-5-210
, (Renumbered from 39-6-31, as last amended by Laws of Utah 1993,
Chapter 110)
39A-5-211
, (Renumbered from 39-6-29, as enacted by Laws of Utah 1988, Chapter
210)
39A-5-212
, (Renumbered from 39-6-35, as enacted by Laws of Utah 1988, Chapter
210)
39A-5-213
, (Renumbered from 39-6-34, as enacted by Laws of Utah 1988, Chapter
210)
39A-5-214
, (Renumbered from 39-6-22, as last amended by Laws of Utah 1989,
Chapter 15)
39A-5-215
, (Renumbered from 39-6-33, as last amended by Laws of Utah 1989,
Chapter 15)
39A-5-216
, (Renumbered from 39-6-32, as enacted by Laws of Utah 1988, Chapter
210)
39A-5-217
, (Renumbered from 39-6-38, as enacted by Laws of Utah 1988, Chapter
210)
39A-5-218
, (Renumbered from 39-6-41, as enacted by Laws of Utah 1988, Chapter
210)
39A-5-219
, (Renumbered from 39-6-39, as enacted by Laws of Utah 1988, Chapter
210)
39A-5-220
, (Renumbered from 39-6-42, as last amended by Laws of Utah 1989,
Chapter 15)
39A-5-221
, (Renumbered from 39-6-43, as enacted by Laws of Utah 1988, Chapter
210)
39A-5-222
, (Renumbered from 39-6-44, as enacted by Laws of Utah 1988, Chapter
210)
39A-5-223
, (Renumbered from 39-6-45, as last amended by Laws of Utah 1989,
Chapter 15)
39A-5-224
, (Renumbered from 39-6-46, as enacted by Laws of Utah 1988, Chapter
210)
39A-5-225
, (Renumbered from 39-6-52, as enacted by Laws of Utah 1988, Chapter
210)
39A-5-226
, (Renumbered from 39-6-47, as enacted by Laws of Utah 1988, Chapter
210)
39A-5-227
, (Renumbered from 39-6-53, as enacted by Laws of Utah 1988, Chapter
210)
39A-5-228
, (Renumbered from 39-6-54, as last amended by Laws of Utah 2008,
Chapter 287)
39A-5-229
, (Renumbered from 39-6-55, as last amended by Laws of Utah 1989,
Chapter 15)
39A-5-230
, (Renumbered from 39-6-56, as last amended by Laws of Utah 1989,
Chapter 15)
39A-5-231
, (Renumbered from 39-6-58, as last amended by Laws of Utah 2008,
Chapter 287)
39A-5-232
, (Renumbered from 39-6-59, as enacted by Laws of Utah 1988, Chapter
210)
39A-5-233
, (Renumbered from 39-6-61, as last amended by Laws of Utah 1994,
Chapter 12)
39A-5-234
, (Renumbered from 39-6-62, as last amended by Laws of Utah 1989,
Chapter 15)
39A-5-235
, (Renumbered from 39-6-37, as enacted by Laws of Utah 1988, Chapter
210)
39A-5-236
, (Renumbered from 39-6-63, as enacted by Laws of Utah 1988, Chapter
210)
39A-5-237
, (Renumbered from 39-6-64, as last amended by Laws of Utah 1988,
Second Special Session, Chapter 9)
39A-5-238
, (Renumbered from 39-6-65, as last amended by Laws of Utah 1988,
Second Special Session, Chapter 9)
39A-5-239
, (Renumbered from 39-6-107, as last amended by Laws of Utah 1993,
Chapter 110)
39A-5-301
, (Renumbered from 39-6-49, as last amended by Laws of Utah 1989,
Chapter 15)
39A-5-302
, (Renumbered from 39-6-14, as repealed and reenacted by Laws of Utah
2012, Chapter 60)
39A-5-303
, (Renumbered from 39-6-110, as enacted by Laws of Utah 1988, Chapter
210)
39A-5-304
, (Renumbered from 39-6-50, as enacted by Laws of Utah 1988, Chapter
210)
39A-5-305
, (Renumbered from 39-6-51, as last amended by Laws of Utah 1988,
Second Special Session, Chapter 9)
39A-5-306
, (Renumbered from 39-6-17, as last amended by Laws of Utah 1989,
Chapter 15)
39A-6-101
, (Renumbered from 39-7-102, as enacted by Laws of Utah 1997, Chapter
306)
39A-6-103
, (Renumbered from 39-7-119, as last amended by Laws of Utah 2008,
Chapter 382)
39A-6-104
, (Renumbered from 39-7-104, as enacted by Laws of Utah 1997, Chapter
306)
39A-6-105
, (Renumbered from 39-7-105, as enacted by Laws of Utah 1997, Chapter
306)
39A-6-106
, (Renumbered from 39-7-106, as enacted by Laws of Utah 1997, Chapter
306)
39A-6-107
, (Renumbered from 39-7-107, as enacted by Laws of Utah 1997, Chapter
306)
39A-6-108
, (Renumbered from 39-7-108, as enacted by Laws of Utah 1997, Chapter
306)
39A-6-109
, (Renumbered from 39-7-109, as enacted by Laws of Utah 1997, Chapter
306)
39A-6-110
, (Renumbered from 39-7-110, as enacted by Laws of Utah 1997, Chapter
306)
39A-6-111
, (Renumbered from 39-7-111, as enacted by Laws of Utah 1997, Chapter
306)
39A-6-112
, (Renumbered from 39-7-112, as enacted by Laws of Utah 1997, Chapter
306)
39A-6-113
, (Renumbered from 39-7-113, as last amended by Laws of Utah 2018,
Chapter 148)
39A-6-114
, (Renumbered from 39-7-114, as last amended by Laws of Utah 2018,
Chapter 148)
39A-6-115
, (Renumbered from 39-7-115, as last amended by Laws of Utah 2018,
Chapter 148)
39A-6-116
, (Renumbered from 39-7-116, as enacted by Laws of Utah 1997, Chapter
306)
39A-6-117
, (Renumbered from 39-7-117, as last amended by Laws of Utah 2018,
Chapter 148)
39A-7-101
, (Renumbered from 39-9-101, as enacted by Laws of Utah 2014, Chapter
122)
39A-7-102
, (Renumbered from 39-9-102, as enacted by Laws of Utah 2014, Chapter
122)
39A-7-103
, (Renumbered from 39-9-103, as enacted by Laws of Utah 2014, Chapter
122)
39A-7-104
, (Renumbered from 39-9-104, as enacted by Laws of Utah 2014, Chapter
122)
39A-7-105
, (Renumbered from 39-9-105, as enacted by Laws of Utah 2014, Chapter
122)
39A-8-101
, (Renumbered from 39-10-101, as enacted by Laws of Utah 2018, Chapter
216)
39A-8-102
, (Renumbered from 39-10-102, as enacted by Laws of Utah 2018, Chapter
216)
39A-8-103
, (Renumbered from 39-10-103, as enacted by Laws of Utah 2018, Chapter
216)
39A-8-104
, (Renumbered from 39-10-104, as enacted by Laws of Utah 2018, Chapter
216)
39A-8-105
, (Renumbered from 39-10-105, as last amended by Laws of Utah 2021,
Chapter 89)
REPEALS:
39-1-2
, as last amended by Laws of Utah 2005, Chapter 65
39-1-4
, as last amended by Laws of Utah 2005, Chapter 65
39-1-5
, as last amended by Laws of Utah 1988, Chapter 210
39-1-7
, Utah Code Annotated 1953
39-1-10
, Utah Code Annotated 1953
39-1-12.5
, as last amended by Laws of Utah 1993, Chapter 110
39-1-13
, as last amended by Laws of Utah 1989, Chapter 22
39-1-14
, Utah Code Annotated 1953
39-1-15
, as last amended by Laws of Utah 2009, Chapter 388
39-1-16
, Utah Code Annotated 1953
39-1-17
, Utah Code Annotated 1953
39-1-18
, as last amended by Laws of Utah 2015, Chapter 83
39-1-19
, Utah Code Annotated 1953
39-1-21
, as last amended by Laws of Utah 2012, Chapter 369
39-1-22
, Utah Code Annotated 1953
39-1-24
, as last amended by Laws of Utah 2012, Chapter 215
39-1-25
, as last amended by Laws of Utah 2011, Chapter 336
39-1-26
, Utah Code Annotated 1953
39-1-28
, as last amended by Laws of Utah 1963, Chapter 61
39-1-29
, Utah Code Annotated 1953
39-1-30
, as last amended by Laws of Utah 1989, Chapter 22
39-1-31
, as last amended by Laws of Utah 1963, Chapter 61
39-1-32
, as last amended by Laws of Utah 2015, Chapter 83
39-1-33
, as last amended by Laws of Utah 1963, Chapter 61
39-1-34
, as last amended by Laws of Utah 1963, Chapter 61
39-1-35
, as last amended by Laws of Utah 1981, Chapter 174
39-1-37
, Utah Code Annotated 1953
39-1-38
, as last amended by Laws of Utah 1988, Chapter 210
39-1-38.5
, as last amended by Laws of Utah 1996, Chapter 198
39-1-39
, as last amended by Laws of Utah 1989, Chapter 15
39-1-41
, as last amended by Laws of Utah 2008, Chapter 287
39-1-44
, Utah Code Annotated 1953
39-1-45
, Utah Code Annotated 1953
39-1-46
, as last amended by Laws of Utah 1953, Chapter 63
39-1-52
, as last amended by Laws of Utah 1963, Chapter 61
39-1-53
, as last amended by Laws of Utah 2018, Chapter 148
39-1-54
, as last amended by Laws of Utah 2015, Chapter 391
39-1-56
, as last amended by Laws of Utah 1989, Chapter 15
39-1-58
, as last amended by Laws of Utah 2004, Chapter 359
39-1-60
, as last amended by Laws of Utah 1988, Second Special Session, Chapter 9
39-1-62
, as last amended by Laws of Utah 1983, Chapter 179
39-2-7
, as last amended by Laws of Utah 1989, Chapter 22
39-4-2
, Utah Code Annotated 1953
39-4-6
, Utah Code Annotated 1953
39-4-13
, as last amended by Laws of Utah 1988, Chapter 210
39-5-1
, as last amended by Laws of Utah 1997, Chapter 211
39-5-2
, as last amended by Laws of Utah 2013, Chapter 295
39-5-3
, as enacted by Laws of Utah 1955, Chapter 130
39-6-18
, as enacted by Laws of Utah 1988, Chapter 210
39-6-21
, as enacted by Laws of Utah 1988, Chapter 210
39-6-36
, as last amended by Laws of Utah 2014, Chapter 189
39-6-48
, as enacted by Laws of Utah 1988, Chapter 210
39-6-57
, as enacted by Laws of Utah 1988, Chapter 210
39-6-111
, as enacted by Laws of Utah 1988, Chapter 210
39-6-112
, as enacted by Laws of Utah 1988, Chapter 210
39-6-113
, as last amended by Laws of Utah 2018, Chapter 131
39-7-101
, as enacted by Laws of Utah 1997, Chapter 306
39-7-103
, as enacted by Laws of Utah 1997, Chapter 306
39-8-101
, as enacted by Laws of Utah 2006, Chapter 333
39-8-102
, as enacted by Laws of Utah 2006, Chapter 333
39-9-106
, as enacted by Laws of Utah 2014, Chapter 122
39-9-107
, as enacted by Laws of Utah 2014, Chapter 122
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
31A-22-508
 is amended to read:
31A-22-508.
National Guard groups.
(1)
 A policy of group life insurance may be issued [
on the lives of members of the Utah
National Guard under Section 
39-1-62
] 
to a group comprised solely of members of the Utah
National Guard if the group policy is issued to an association of members
.
(2) The association is the policyholder to insure members of the Utah National Guard
for the benefit of persons other than the association or any of its officials.
(3) The premium for the policy shall be paid by the policyholder, either from the
association's own funds, or from charges collected from the insured members specifically for
the insurance.
Section 2. Section 
39A-1-101
 is enacted to read:
TITLE 39A. NATIONAL GUARD AND MILITIA ACT
CHAPTER 1. ADMINISTRATION
Part 1. General Provisions
 39A-1-101.
National Guard and Militia Act.
This title governs the Utah National Guard and unorganized militia in accordance with
Utah Constitution Article XV.
Section 3. Section 
39A-1-102
 is enacted to read:
 39A-1-102.
Definitions.
As used in this title:
(1) "Adjutant general" means the commanding general of the Utah National Guard as
appointed by the governor under Section 
39A-1-201
.
(2) "National Guard" means the Utah National Guard created in Section 
39A-3-101
and in accordance with Utah Constitution Article XV.
(3) "Utah State Defense Force" or "Defense Force" means the unorganized militia as
structured in Chapter 4 of this title.
Section 4. Section 
39A-1-201
, which is renumbered from Section 39-1-12 is
renumbered and amended to read:
Part 2. Adjutant General
[
39-1-12
].
 39A-1-201.
Adjutant general -- Appointment -- Term --
Qualifications.
(1) There shall be one adjutant general 
of the National Guard
 appointed by the
governor.
(2)
 The adjutant general is the commanding general 
of the Utah National Guard and the
Utah State Defense Force
 and holds office for a term of six years, unless terminated by
resignation, disability, 
age, in accordance with Subsection (6),
 or for cause [
as determined by a
military court or court-martial
].
[
(2)
] 
(3)
 The [
person
] 
individual
 appointed to the office shall:
(a) be a citizen of Utah and meet the requirements provided in Title 32, United States
Code;
(b) be a federally recognized commissioned officer
, with the rank of colonel or higher,
of the National Guard of the United States with no fewer than five years commissioned service
in the Utah National Guard; and
(c) as determined by the governor, have sufficient knowledge and experience to
command the Utah National Guard.
[
(3)
] 
(4)
 Active service in the armed forces of the United States may be included in the
requirement in Subsection [
(2)
] 
(3)
(b), if the officer was a member of the Utah National Guard
when the officer entered that service.
(5) The adjutant general shall establish a succession plan consistent with Section
53-2a-804
 to ensure the continuity of command.
[
(4)
] 
(6)
 An officer is no longer eligible to hold the office of adjutant general after
attaining [
] 
the age of 64
 years [
of age
].
(7) The adjutant general shall ensure the readiness, training, discipline, and operations
of the National Guard.
Section 5. Section 
39A-1-202
, which is renumbered from Section 39-1-23 is
renumbered and amended to read:
[
39-1-23
].
 39A-1-202.
Seal of adjutant general.
The seal of the adjutant general shall be circular in form, containing an inner circle[
;
]
.
[
within
] 
Within
 the inner circle shall be a shield with "Utah" impressed [
thereon
] 
on the shield
,
and between the circles shall be impressed "National Guard, Adjutant General."
Section 6. Section 
39A-1-203
 is enacted to read:
 39A-1-203.
Director of joint staff -- Assistant adjutants general -- Chief of staff
for the air force.
(1) There is authorized an assistant adjutant general for the Army, an assistant adjutant
general for the Air Force, a chief of staff for the Air Force, and a director of joint staff.
(2) The adjutant general, with the approval of the governor, may appoint assistant
adjutant generals, a chief of staff for the Air Force, and a director of joint staff with pay from
the state.
(3) The assistant adjutants general, the chief of staff for the Air Force, and the director
of joint staff shall be at least a federally recognized field grade commissioned officer of the
Utah National Guard with not less than five years military service in the armed forces of a state
or of the United States, at least three of which shall have been commissioned in the Utah
National Guard. The officers shall hold office at the pleasure of the adjutant general.
 (4) The adjutant general may detail an officer without the required commissioned
service in the Utah National Guard to a position in this section only with the written approval
of the governor.
Section 7. Section 
39A-2-101
, which is renumbered from Section 39-2-1 is
renumbered and amended to read:
CHAPTER 2. STATE ARMORY BOARD
[
39-2-1
].
 39A-2-101.
State Armory Board -- Creation -- Members -- A body
corporate -- Powers -- Expenses.
(1) [
(a) The State Armory Board shall consist of
] 
There is created a three member State
Armory Board with the following members:
(a)
 the governor[
, the chair of the State Building Board,
]
;
(b) the executive director of the Department of Government Operations;
 and
(c)
 the adjutant general 
of the Utah National Guard, appointed in accordance with
Section 
39A-3-102
.
[
(b) It shall be
] 
(2) The board is
 a body corporate with perpetual succession[
.
] 
and the
board's property is exempt from all taxes and assessments.
[
(c) It
] 
(3) The board
 may
:
(a)
 have and use a common seal[
, and under the name aforesaid may
]
;
(b)
 sue and be sued[
, and
]
;
(c)
 contract and be contracted with[
.
]
;
(d) [
It may
] take and hold by purchase, gift, devise, grant, or bequest real and personal
property required for [
its
] 
the board's
 use[
.
]
; and
(e) [
It may also
] convert property received by gift, devise, or bequest, and not suitable
for [
its
] 
the board's
 uses, into other property [
so
] 
as
 available, or into money.
[
(2)
] 
(4)
 The board shall have power to:
(a) borrow money for the purpose of [
erecting arsenals and armories
] 
providing
facilities, ranges, and training lands
 upon the sole credit of the real property to which [
it
] 
the
board
 has [
the
] legal title; and
(b) may secure [
such
] 
the
 loans by mortgage upon [
such
] 
the
 property[
:
]
.
[
(i) the
] 
(5) The
 mortgaged property shall be the sole security for [
such
] 
any
 loan[
;
and
]
.
[
(ii) no
] 
(6) A
 deficiency judgment [
shall
] 
may not
 be made, rendered, or entered
against the board upon the foreclosure of [
the
] 
a
 mortgage[
;
]
,
 provided[
, however,
] that
property in one city [
shall
] 
may
 not be mortgaged for the purpose of obtaining money for the
erection of armories in any other place. [
Said board shall be deemed a public corporation, and
its property shall be exempt from all taxes and assessments.
]
[
(3)
] 
(7)
 A member may not receive compensation or benefits for the member's service,
but may receive per diem and travel expenses in accordance with:
(a) Section 
63A-3-106
;
(b) Section 
63A-3-107
; and
(c) rules made by the Division of Finance pursuant to Sections 
63A-3-106
 and
63A-3-107
.
Section 8. Section 
39A-2-102
, which is renumbered from Section 39-2-2 is
renumbered and amended to read:
[
39-2-2
].
 39A-2-102.
 Responsibilities of State Armory Board.
(1) The board shall supervise and control [
the armories and arsenals
] 
all facilities,
ranges, training lands
, and all real property held or acquired for the military purposes of the
state.
(2) The board may:
(a) provide suitable [
armories and arsenals
] 
facilities, ranges, and training lands
 for the
different organizations of the National Guard;
(b) lease [
buildings for armory and arsenal purposes
] 
real property
 throughout the state
wherever necessary for the use of organizations of the National Guard and for the storage of
state and government property at a rental that the board considers reasonable;
(c) erect [
armories and arsenals
] 
facilities and ranges
 at places within the state that it
considers necessary upon lands to which it has acquired the legal title;
(d) expend military funds to acquire legal title to lands and to construct [
armories and
arsenals
] 
facilities and ranges
;
(e) 
sell and
 lease property that the board holds under Subsection (1) for purposes
consistent with the mission of the Utah National Guard; and
(f) conduct meetings and take official action in person or as necessary via electronic
means, including telephone or video teleconferencing, or a combination of these methods.
(3) (a) Subject to Subsection (3)(b), the board may take options for the purchase of any
premises under lease to the state for [
armory and arsenal
] 
National Guard
 purposes:
(i) at any time during the life of the lease; and
(ii) when the purchase is in the state's interest.
(b) An option is not binding upon the board until it is approved by the Legislature.
(4) (a) Before legally binding the state to sell or lease any [
armory, army premises, or
other
] real property owned by the National Guard, the board shall submit a description of the
proposed sale to the Legislative Management Committee for its review and recommendations.
(b) Before legally binding the state to purchase any interest in real property, the board
shall submit a description of the proposed sale to the Legislative Management Committee for
its review and recommendations.
(c) The Legislative Management Committee shall review each proposal and may[
:
]
approve or disapprove the sale.
[
(i) recommend that the board complete the purchase or sale; or
]
[
(ii) recommend that the board not complete the purchase or sale.
]
(5) The proceeds from the sales and leases of [
armories and army
] 
real
 property
authorized by this section shall be appropriated to the State Armory Board to be applied toward
the acquisition and sale of real property, and the construction of new armories.
(6) Funds may be deposited into a public treasury investment fund to earn interest until
use.
Section 9. Section 
39A-2-103
, which is renumbered from Section 39-2-9 is
renumbered and amended to read:
[
39-2-9
].
 39A-2-103.
 Political subdivisions and state agencies may assist in
erecting facilities.
[
The board of commissioners and city councils of cities shall have power to
] 
Any
political subdivision or state agency may
 appropriate from any funds [
of the city
] available for
general purposes [
such sums as they may deem expedient for the purpose of assisting
] 
funds to
assist
 the State Armory Board in the [
erection of armories within their respective cities, and for
the
] 
acquisition, construction, and
 maintenance of [
armories located and maintained therein,
and in all cities where waterworks and an electric light plant are owned by the city the water
and electric light used in armories maintained therein may at the discretion of the city be
furnished without cost
] 
Utah National Guard facilities and infrastructure
.
Section 10. Section 
39A-2-104
 is enacted to read:
 39A-2-104.
Use of armories by veterans organizations permitted.
Federally chartered veterans organizations have the right to the use of armories owned
or leased by the state at no charge, provided that the use does not interfere with the mission of
the Utah National Guard as determined by the adjutant general.
Section 11. Section 
39A-3-101
 is enacted to read:
CHAPTER 3. UTAH NATIONAL GUARD
Part 1. National Guard
 39A-3-101.
Utah National Guard -- Creation.
(1) There is created the Department of the Utah National Guard.
(2) The Utah National Guard is commanded by an adjutant general and consists of the
following:
(a) the joint force headquarters;
(b) the Utah Army National Guard, commanded by an assistant adjutant general for the
Army;
(c) the Utah Air National Guard, commanded by an assistant adjutant general for the
Air Force; and
(d) the Utah State Defense Force as organized in Title 39A, Chapter 4, Utah State
Defense Force.
(3) The numerical strength, composition, distribution, organization, arms, uniforms,
equipment, training, and discipline of the National Guard shall be prescribed by the governor in
conformity with the laws and regulations of the United States and the laws of this state.
(4) The location of units including headquarters, when not otherwise prescribed by
federal law, shall be fixed by the governor on the recommendation of the adjutant general.
Section 12. Section 
39A-3-102
, which is renumbered from Section 39-1-3 is
renumbered and amended to read:
[
39-1-3
].
 39A-3-102.
Governor commander in chief -- Powers and duties.
(1) The governor by virtue of the governor's office shall be commander in chief of the
Utah National Guard [
and of the unorganized militia, and of any portions of the unorganized
militia which may be organized
].
(2) The governor:
(a) is authorized to issue all orders, rules and regulations necessary to conform the
Utah National Guard to Title 32 of the United States Code in its organization, government,
discipline, maintenance, training, equipment, and regulations;
(b) shall appoint and commission all officers and select all warrant officers, subject to
the provisions of Title 32 of the United State Code; [
provided, that any appointee failing to
receive federal recognition after having been notified by the National Guard Bureau shall revert
to status occupied before the appointment;
]
[
(c) shall determine and fix the home station and location of the various units of the
Utah National Guard;
]
[
(d)
] 
(c)
 shall provide [
armories, warehouses, maintenance and repair shops, hangars,
small arms, artillery and aircraft ranges, campsites, concentration areas, training facilities,
military reservations and arsenals
] 
facilities, ranges, and training lands
 as required for
[
organizations of
] the Utah National Guard; and
[
(e) shall furnish suitable offices, or office space for regular army personnel assigned to
duties with the Utah National Guard, the expenses of which may be paid out of the state
military appropriations.
]
(d) may order the National Guard into active service as necessary.
(3) Notwithstanding Subsection (2)(b), an appointee who fails to receive federal
recognition after being notified by the National Guard of the appointment shall revert to the
status occupied before the appointment.
Section 13. Section 
39A-3-103
, which is renumbered from Section 39-1-9 is
renumbered and amended to read:
[
39-1-9
].
 39A-3-103.
National Guard subject to call by United States.
(1) The National Guard [
of this state
] is at all times subject to the call of the President
of the United States.
(2)
 When called into the service of the United States, [
it
] 
the National Guard
 is
governed by the applicable laws and military regulations of the United States.
[
(2)
] 
(3)
 The National Guard and its members shall attend [
drills, encampments, and
maneuvers as the president directs
] 
military training as required
.
Section 14. Section 
39A-3-104
 is enacted to read:
 39A-3-104.
Service members -- Appointment and promotion.
(1) All officers of the National Guard shall be appointed by the governor and receive a
state commission.
(2) The power of appointment may be delegated to the adjutant general, and further
delegated as the adjutant general considers necessary.
(3) Appointments are subject to approval as prescribed by the laws of the United States
or related rules or regulations governing the National Guard.
(4) The appointment, promotion, and withdrawal of a federal commission shall be
made in a manner consistent with all applicable federal policies, rules, instructions, or
regulations.
(5) The withdrawal of a state commission shall be made in accordance with National
Guard regulations in effect at the time of consideration for the withdrawal.
(6) The appointment, promotion, and reduction of enlisted personnel shall be made in a
manner consistent with all applicable federal policies, rules, instructions, or regulations.
Section 15. Section 
39A-3-105
 is enacted to read:
 39A-3-105.
General officer salary and benefits.
(1) Full-time, state employed general officers or officers appointed to a general officer
position shall receive a salary that makes the total federal and state compensation at least
commensurate with the pay and allowances for their military grade or assigned position, time
in grade, and time in service as established in the United States Department of Defense Finance
and Accounting Services annual pay and allowances chart.
(2) General officers appointed to state employment shall receive the benefits and
protections in Section 
39-1-36
 for the term of the appointment.
Section 16. Section 
39A-3-106
 is enacted to read:
 39A-3-106.
State active duty orders.
(1) Orders for state duty may be oral or written.
(2) Written orders shall be issued by the governor or the adjutant general.
(3) An oral order may be delivered by an officer or noncommissioned officer.
Section 17. Section 
39A-3-107
, which is renumbered from Section 39-1-51 is
renumbered and amended to read:
[
39-1-51
].
 39A-3-107.
Pay and benefits of National Guard members on state
active duty.
(1) When called into the service of the state and not in the service of the United States,
the members of the National Guard shall:
(a) receive at least the same pay and allowance as members of the regular [
army
] 
Army
or regular [
air force
] 
Air Force
 of like [
rank and length of
] 
pay grade and time in
 service; 
and
(b) elect to:
(i) receive medical, dental, disability, or death benefits equal to those received by
full-time, permanent state employees; or
(ii) maintain any medical, dental, disability, or death benefits already in place[
; and
]
.
[
(c) receive one ration per day.
]
(2) The state may not make payments to members of the National Guard for service for
which the United States government makes payment.
Section 18. Section 
39A-3-108
, which is renumbered from Section 39-1-47 is
renumbered and amended to read:
[
39-1-47
].
 39A-3-108.
Military property exempt from civil process.
[
All military
] 
Military
 property issued to or owned by members of the National Guard
[
shall be
] 
is
 exempt from all civil process.
Section 19. Section 
39A-3-109
 is enacted to read:
 39A-3-109.
Loss of property -- Liability.
(1) When Utah National Guard federal property is destroyed, damaged, or lost due to
the failure of a service member to perform the duties required by law or regulation, the adjutant
general may assess financial liability to the service member.
(2) Within established law and regulation, the adjutant general may require the service
member to reimburse the federal government for all or part of the loss, whether the service
member is in federal status, state status, or off duty.
Section 20. Section 
39A-3-110
, which is renumbered from Section 39-1-40.5 is
renumbered and amended to read:
[
39-1-40.5
].
 39A-3-110.
Utah Code of Military Justice -- Procedures --
Jurisdiction.
(1) [
Title 39, Chapter 6, Utah Code of Military Justice
] 
Title 39A, Chapter 5
, is
adopted as the Utah Code of Military Justice[
, which may also be referred to as the UtCMJ
].
(2) The [
UtCMJ
] 
Utah Code of Military Justice
 sets forth offenses which, if committed
by personnel of the Utah National Guard serving under this title or Title 32, United States
Code, are punishable as [
the Utah Military Court
] 
a military court
 directs [
under regulations
made and published under the UtCMJ
] 
in accordance with Chapter 5, Part 2, Military Courts
and Part 3, Military Punishments
.
(3) [
The Utah Military Court is a court of the state, convened under orders issued by
the governor or the adjutant general.
] Judges of [
the
] 
a military
 court may issue summons,
executions, and other process. The process shall be served by county sheriffs, at the expense of
the state.
(4) Judgments for fines or forfeitures may be docketed in the same manner as district
court judgments in each county, and without costs.
(5) Appeals shall be taken to the Court of Appeals.
(6) Sentences of [
the Utah Military Court
] 
a military court
 shall be served in a county
jail. Costs incurred by the county shall be paid out of the General Fund of the state.
(7) Certification as counsel for prosecution or defense, or as a judge of [
the Utah
Military Court
] 
a military court
, is under orders issued by the adjutant general, and is limited to
attorneys who are members of the Utah State Bar and are serving as judge advocates in the
Utah National Guard.
(8) A [
defendant
] 
service member
 may retain, at no cost to the state or National Guard,
civilian counsel to represent [
him
] 
the service member
 before [
the Utah Military Court
] 
a
military court
.
(9) [
The Utah Military Court
] 
A military court
 may impose fines not exceeding $2,500,
restitution to victims, statutory surcharges, and may issue all writs and judgments for the
execution of any [
of them
] 
processes
.
(10) When consistent with the Utah Manual for Military Courts, the Utah Rules of
Criminal Procedure apply [
in Utah Military Courts
].
Section 21. Section 
39A-3-111
, which is renumbered from Section 39-1-50 is
renumbered and amended to read:
[
39-1-50
].
 39A-3-111.
Military court -- Concurrent prosecutorial jurisdiction
with county or district attorney.
(1) The county attorney or district attorney, as appropriate under Sections 
17-18a-202
and 
17-18a-203
, of the county where an offense under the Utah Code of Military Justice is
committed has concurrent jurisdiction with [
the Utah Military Court
] 
a military court
 to
prosecute the accused [
person
] 
individual
 at the expense of the county.
(2) Charges regarding the offense may not be filed in a military court until the
appropriate county attorney or district attorney has reviewed and declined to prosecute the
offense.
Section 22. Section 
39A-3-201
, which is renumbered from Section 39-1-63 is
renumbered and amended to read:
Part 2. Service Member Benefits
[
39-1-63
].
 39A-3-201.
Tuition and fees assistance for Utah National Guard
members -- Use and allocation -- Appropriation.
(1) (a) As used in this section, "fees" means general course fees, in addition to tuition,
that are:
(i) imposed by an institution of higher education; and
(ii) required to be paid by a student to engage in a course of study at the institution of
higher education.
(b) "Fees" does not include a special course fee.
(2) The Utah National Guard may provide tuition and fees assistance to a member of
the Utah National Guard for study at an institution of higher education, subject to the following
requirements:
(a) the individual [
must
] 
shall
 be, at the time the individual receives the assistance, an
active member of the Utah National Guard; and
(b) the assistance is for tuition and fees only and may not be more than the resident
tuition and fees for the actual course of postsecondary study engaged in by the individual.
(3) (a) Tuition and fees assistance shall be awarded [
for each academic year
] 
as the
adjutant general considers necessary
.
(b) An individual may apply to the adjutant general of the state for assistance for each
year during which the individual is an active member of the Utah National Guard.
[
(c) In awarding assistance, the adjutant general shall consider the recruitment and
retention needs of the Utah National Guard.
]
(c) The adjutant general may recoup funds if a recipient fails to meet the requirements
of the program.
(4) The adjutant general of the state shall pay [
the
] tuition and fees assistance directly
to [
an
] 
the
 institution of higher education from the funds appropriated.
(5) The adjutant general of the state shall establish regulations, procedures, forms, and
reports necessary to administer the allocation of assistance and payment of funds under this
section.
[
(6) The adjutant general of the state shall include a request each year for funds for this
program in the annual budget for the Utah National Guard.
]
[
(7) An individual who transfers from the Select Reserve to the Utah National Guard is
not eligible for the tuition and fees assistance in this section for one year from the date of
transfer.
]
(6) The adjutant general may use no more than 10% of the funds for administration of
the program as the adjutant general considers necessary.
Section 23. Section 
39A-3-202
, which is renumbered from Section 39-1-65 is
renumbered and amended to read:
[
39-1-65
].
 39A-3-202.
Pay and care of soldiers and airmen disabled while on
state active duty.
(1) (a) Before a servicemember may be considered disabled in accordance with this
section, the Adjutant General shall determine whether the servicemember's illness, injury, or
disease was contracted or occurred through the fault or negligence of the servicemember. If the
servicemember is determined to be at fault for an injury or developed a disability through his or
her own negligent actions, the servicemember is not entitled to any care, pension, or benefit in
accordance with this section.
(b) Notwithstanding Subsection (1)(a) the servicemember may be eligible for benefits
in accordance with Title 34A, Chapter 2, Workers' Compensation Act, and Chapter 3, Utah
Occupational Disease Act.
(2) A member of the Utah National Guard or Utah State Defense Force who is disabled
through illness, injury, or disease contracted or incurred while on state active duty or while
reasonably proceeding to or returning from duty is eligible to receive workers' compensation
benefits in accordance with Title 34A, Chapter 2, Workers' Compensation Act.
(3) (a) If the disability temporarily incapacitates the servicemember from pursuing the
servicemember's usual business or occupation, the servicemember is eligible to receive
workers' compensation benefits in accordance with Title 34A, Chapter 2, Workers'
Compensation Act, and Chapter 3, Utah Occupational Disease Act.
(b) For the duration of the servicemember's inability to pursue a business or
occupation, the [
Adjutant General
] 
adjutant general
 shall provide compensation [
equivalent to
the difference between
] 
so that the total compensation, including
 the disability compensation
received under Subsection (3)(a) [
and the total pay and allowances under state active duty as
provided in Section 
39-1-51
.
] 
is commensurate with the injured service member's lost pay. The
adjutant general shall consider lost civilian and military pay in the compensation.
(4) A servicemember who is permanently disabled, shall receive pensions and benefits
from the state that [
persons
] 
individuals
 under like circumstances in the Armed Forces of the
United States receive from the United States.
(5) If a servicemember dies as a result of an injury, illness, or disease contracted or
incurred while on state active duty or while reasonably proceeding to or returning from active
duty, the surviving spouse, minor children, or dependent parents of the servicemember shall
receive compensation as directed in Section [
39-1-59
] 
39A-3-203
.
(6) Costs incurred by reason of this section shall be paid out of the funds available to
the Utah National Guard.
(7) The [
Adjutant General
] 
adjutant general
, with the approval of the governor, shall
make and publish regulations to implement this section.
(8) Nothing in this section shall in any way limit or condition any other payment to a
servicemember that the law allows.
Section 24. Section 
39A-3-203
, which is renumbered from Section 39-1-59 is
renumbered and amended to read:
[
39-1-59
].
 39A-3-203.
Compensation for injury or death.
Within 72 hours of the reported death of a member of the National Guard on state
active duty, the state shall provide a death gratuity payment of $100,000 to:
(1) the [
person
] 
individual
 designated as the recipient of the member's unpaid pay and
allowances in the member's service record; or
(2) if no one is designated, the designated [
person
] 
individual
 cannot be found, or the
designated [
person
] 
individual
 has predeceased the member, the member's heirs in accordance
with Title 75, Chapter 2, Part 1, Intestate Succession.
Section 25. Section 
39A-3-204
, which is renumbered from Section 39-1-59.5 is
renumbered and amended to read:
[
39-1-59.5
].
 39A-3-204.
National Guard Death Benefit Restricted Account.
(1) There is created within the General Fund a restricted account known as "National
Guard Death Benefit Account."
(2) (a) The restricted account shall be funded from funds appropriated by the
Legislature.
(b) Funds in the restricted account may only be used to pay the death benefit authorized
in Section [
39-1-59
] 
39A-3-204
.
(c) The restricted account may accrue interest which shall be deposited into the
restricted account.
(d) At the close of any fiscal year, any balance in the fund in excess of $2,000,000 shall
be transferred to the General Fund.
Section 26. Section 
39A-4-101
, which is renumbered from Section 39-1-1 is
renumbered and amended to read:
CHAPTER 4. UTAH STATE DEFENSE FORCE
[
39-1-1
].
 39A-4-101.
Utah State Defense Force -- How constituted.
(1) [
All
] 
Unless exempt under Subsection (2), all
 able-bodied citizens, and all
able-bodied [
persons
] 
individuals
 of foreign birth who have declared their intention to become
citizens, [
who
] are 18 years [
of age
] 
old
 or older and younger than [
] 
 years [
of age, who
]
old, and
 are residents of this state, constitute the [
militia, subject to the following exemptions:
]
Utah State Defense Force.
(2) Individuals exempt from Subsection (1) include:
(a) [
persons exempted
] 
individuals exempted from military service
 by laws of the
United States;
(b) [
persons exempted
] 
individuals exempted from military service
 by the laws of this
state;
(c) all [
persons
] 
individuals
 who have been honorably discharged from the [
army, air
force, navy, marines, coast guard
] 
armed forces
, or volunteer forces of the United States;
(d) active members of any regularly organized fire or police department in any city or
town, but [
no
] 
a
 member of the active [
militia is
] 
defense force may not be
 relieved from duty
because [
of his joining
] 
the individual joined
 any volunteer fire company or department; [
and
]
(e) judges and clerks of courts of record[
,
]
;
(f)
 state and county civil officers holding office by election[
,
]
;
(g)
 state officers appointed by the governor for a specified term of office[
,
]
;
(h)
 ministers of the gospel[
,
]
; and
(i)
 practicing physicians[
, superintendents,
] and 
hospital
 officers and assistants [
of
hospitals and prisons and jails
].
[
(2)
] 
(3)
 All [
exempted persons, except those enumerated in Subsections (1)(a) through
(e),
] 
individuals described in Subsection (1)
 are liable to military duty in case of war,
insurrection, invasion, tumult, riot, or public disaster, or imminent danger of any of these, or
after [
they have
] voluntarily [
enlisted
] 
enlisting
 in the National Guard of this state.
Section 27. Section 
39A-4-102
, which is renumbered from Section 39-4-1 is
renumbered and amended to read:
[
39-4-1
].
 39A-4-102.
Governor authorized to organize Utah State Defense
Force.
(1) The governor
, by virtue of the governor's office,
 may organize and maintain [
within
this state, under regulations the United States may prescribe for discipline in training, military
forces the governor considers necessary to defend this state
] 
the Utah State Defense Force
.
(2) [
These forces shall
] 
The Defense Force may
 be composed of officers commissioned
or assigned, and able-bodied citizens of the state who volunteer for service, supplemented if
necessary by [
persons in the militia
] 
individuals
 enrolled by draft or otherwise as provided by
law.
(3) [
These forces
] 
The Defense Force
 shall be additional to and distinct from the
National Guard [
and shall be known as the Utah State Defense Force. These forces may be
uniformed
].
(4) The Defense Force may have prescribed uniforms.
(5) If ordered to active service by the governor, the Defense Force shall be under the
command of the adjutant general.
Section 28. Section 
39A-4-103
, which is renumbered from Section 39-4-9 is
renumbered and amended to read:
[
39-4-9
].
 39A-4-103.
Qualifications of members.
[
No person shall
] 
An individual may not
 be commissioned or enlisted in [
such forces
]
the Defense Force
 who
:
(1)
 is not a citizen of the United States
;
 or [
who
]
(2)
 has been expelled or dishonorably discharged from any military [
or naval
organization of this state, or of another state, or of the United States
] 
service
.
Section 29. Section 
39A-4-104
, which is renumbered from Section 39-4-11 is
renumbered and amended to read:
[
39-4-11
].
 39A-4-104.
Term of force enlistment -- Oaths.
[
A person
] 
(1) An individual
 may not be enlisted 
in the Defense Force
 for more than
one year, but 
an
 enlistment may be renewed.
(2)
 The oath to be taken upon enlistment in the [
forces
] 
Defense Force
 shall be
substantially in the form prescribed for enlisted [
men
] 
individuals
 of the National Guard,
substituting the words, 
"
Utah State Defense Force,
"
 where necessary.
Section 30. Section 
39A-4-105
, which is renumbered from Section 39-4-10 is
renumbered and amended to read:
[
39-4-10
].
 39A-4-105.
Oaths of force officers.
The oath to be taken by officers commissioned in the [
forces
] 
Defense Force
 shall be
substantially in the form prescribed for officers of the National Guard, but substituting the
words 
"
Utah State Defense Force,
"
 where necessary.
Section 31. Section 
39A-4-106
, which is renumbered from Section 39-4-3 is
renumbered and amended to read:
[
39-4-3
].
 39A-4-106.
Compensation of force members.
(1) [
Every member
] 
Members
 of the Utah State Defense Force, when called into active
service by the governor
,
 shall receive compensation as prescribed by the governor.
(2) The compensation may not exceed the rate of pay [
under law
] 
prescribed
 for
officers and other members of the National Guard when called into active service of the state
by the governor.
Section 32. Section 
39A-4-107
, which is renumbered from Section 39-4-8 is
renumbered and amended to read:
[
39-4-8
].
 39A-4-107.
No organizations to be enlisted as a unit.
[
No
] 
A
 civil organization, society, club, post, order, fraternity, association, brotherhood,
body, union, league
,
 or other combination of [
persons
] 
individuals
 or civil group [
shall be
enlisted in such forces
] 
may not enlist in the Defense Force
 as an organization
, detachment,
company,
 or unit.
Section 33. Section 
39A-4-108
, which is renumbered from Section 39-4-5 is
renumbered and amended to read:
[
39-4-5
].
 39A-4-108.
Service outside state prohibited -- Exceptions.
[
Such forces shall
] 
(1) The Defense Force may
 not be required to serve outside the
boundaries of this state [
except: (1) Upon the request of the governor of another state,
] 
unless
the governor [
of this state may, in his discretion, order any portion or all of such forces to assist
the military or police forces of such other state who are actually engaged in defending such
other state. Such forces
]
, in response to a request from the governor of another state through
the Emergency Management Assistance Compact, orders the Defense Force to assist outside
the state.
(2) The Defense Force
 may be recalled by the governor at [
his discretion
] 
any time
.
[
(2) Any organization, unit or detachment of such forces, upon order of the officer in
immediate command thereof, may continue in fresh pursuit of insurrectionists, saboteurs,
enemies or enemy forces beyond the borders of this state into another state until they are
apprehended or captured by such organization, unit or detachment or until the military or police
forces of the other state or the forces of the United States have had a reasonable opportunity to
take up the pursuit or to apprehend or capture such persons; provided, such other state shall
have given authority by law for such pursuit by such forces of this state. Any such person who
shall be apprehended or captured in such other state shall without unnecessary delay be
surrendered to the military or police forces of the state in which he is taken or to the United
States, but such surrender shall not constitute a waiver by this state of its right to extradite or
prosecute such persons for any crime committed in this state.
]
Section 34. Section 
39A-4-109
, which is renumbered from Section 39-4-12 is
renumbered and amended to read:
[
39-4-12
].
 39A-4-109.
Military court law and rules of National Guard
applicable.
[
(1) 
]When the [
forces
] 
Defense Force
 or any part of [
them are
] 
it is
 ordered [
out for
]
to
 active service [
or are serving as members of the Utah State Defense Force, the
] 
Chapter 5,
Utah Code of Military Justice, as it applies to the [
state
] National Guard, and regulations
prescribed under it apply to the Utah State Defense Force.
[
(2) Members of the Utah State Defense Force are privileged from arrest under Section
39-1-54
, when in state service.
]
[
(3) Persons serving in the Utah State Defense Force are, during this service, exempt
from posse comitatus and from jury duty.
]
Section 35. Section 
39A-4-110
, which is renumbered from Section 39-4-7 is
renumbered and amended to read:
[
39-4-7
].
 39A-4-110.
State Defense Force not subject to United States military
service -- Members not exempt from United States military service.
[
Nothing in this act shall
] 
(1) This act may not
 be construed as authorizing [
such
forces, or any part thereof
] 
the Defense Force
 to be called, ordered or in any manner drafted, as
such into the military service of the United States[
, but no person shall
]
.
(2) An individual is not,
 by reason of [
his
] enlistment or commission in [
any such
forces be
] 
the Defense Force,
 exempted from military service under any law of the United
States.
Section 36. Section 
39A-4-111
, which is renumbered from Section 39-4-4 is
renumbered and amended to read:
[
39-4-4
].
 39A-4-111.
Governor may requisition arms and equipment from
secretary of defense.
For the use of [
such forces
] 
the Defense Force
, the governor is authorized to requisition
from the secretary of [
war such arms
] 
defense arms, ammunition,
 and equipment [
as may be in
possession of and can be spared by the war department;
] and to make 
the facilities and
equipment of the National Guard
 available to [
such forces the facilities of state armories and
their equipment and such other state premises and property as may be available
] 
the Defense
Force
.
Section 37. Section 
39A-4-112
, which is renumbered from Section 39-1-8 is
renumbered and amended to read:
[
39-1-8
].
 39A-4-112.
Governor may proclaim martial law.
(1)
 Whenever the [
militia
] 
Defense Force
 or any portion [
thereof,
] 
of the Defense
Force
 is called into active service, the governor may, by proclamation, declare all or any part of
any county, city or town in which the troops are serving to be under martial law[
, and when
]
.
(2) When
 the [
militia shall be on
] 
Defense Force is in
 active service [
as herein
provided
], the commanding officer [
thereof
] and his subordinates may cooperate with the civil
authorities [
or take entire charge of the situation as in the judgment of the commanding officer
the exigencies of the case may require
] 
as directed by the adjutant general
.
Section 38. Section 
39A-5-101
, which is renumbered from Section 39-6-1 is
renumbered and amended to read:
CHAPTER 5. UTAH CODE OF MILITARY JUSTICE
Part 1. General Provisions
[
39-6-1
].
 39A-5-101.
 Utah Code of Military Justice.
[
This chapter is known as the "Utah Code of Military Justice," and may also be cited
]
The "Utah Code of Military Justice" may be abbreviated
 as the "UtCMJ[
.
]" 
and applies to all
individuals subject to this title.
Section 39. Section 
39A-5-102
, which is renumbered from Section 39-6-2 is
renumbered and amended to read:
[
39-6-2
].
 39A-5-102.
Definitions.
As used in this chapter:
(1) "Accuser" means [
a person
] 
an individual
 who:
(a) signs and swears to charges;
(b) directs that charges nominally be signed and sworn to by another; or
(c) any other [
person
] 
individual
 who has an interest other than an official interest in
the prosecution of the accused.
(2) "Apprehend" means taking an individual into custody by competent authority, with
or without a warrant.
(3) "Arrest" means restraining an individual by an order, not imposed as a punishment
for an offense, directing the individual to remain within a specified area.
[
(2)
] 
(4)
 "Commanding officer" means both a commissioned officer and a warrant
officer designated as a commander.
[
(3)
] 
(5)
 "Commissioned officer" includes a commissioned warrant officer.
(6) "Confinement" means the physical restraint of an individual.
[
(4)
] 
(7)
 "Convening authority" means the governor or the adjutant general.
[
(5)
] 
(8)
 "Duty status other than state active duty" means any other type of duty, and
includes going to and returning from the duty.
[
(6)
] 
(9)
 "Enlisted member" means [
a person
] 
an individual
 in an enlisted grade.
[
(7)
] 
(10)
 "Grade" means a step or degree in a graduated scale of office or military
rank, established and designated as a grade by law or regulation.
[
(8)
] 
(11)
 "Legal officer" means any commissioned officer of the [
organized
] National
Guard [
of the state
] designated to perform legal duties for a command.
[
(9)
] 
(12)
 "Major command" or "MACOM" means a major subdivision of the [
Utah
]
National Guard.
[
(10)
] 
(13)
 "Military" means any or all of the armed forces of the United States.
[
(11)
] 
(14)
 "Military court" means a court-martial, a court of inquiry, or a provost
court.
[
(12)
] 
(15)
 "Military judge" means a qualified staff judge advocate officer of a military
court detailed under Section [
39-6-20
] 
39A-5-206
.
[
(13)
] 
(16)
 "National Guard" [
means the Utah Army and Air National Guard,
including
] 
includes
 part-time and full-time active guard and reserve (AGR), and [
includes
] the
Utah [
unorganized militia
] 
State Defense Force
 when called to active duty by the governor [
of
the state
].
[
(14)
] 
(17)
 "Officer" means 
a
 commissioned or warrant officer.
[
(15)
] 
(18)
 "Rank" means the order of precedence among members of the armed forces.
[
(16)
] 
(19)
 "State active duty" means full-time duty in the active military service of the
state under an order of the governor, issued pursuant to the governor's authority, and includes
going to and returning from [
the
] duty.
[
(17)
] 
(20)
 "State judge advocate" or "SJA" means the commissioned judge advocate
general's corps officer responsible for supervising the delivery of legal services in the National
Guard.
[
(18)
] 
(21)
 "State staff judge advocate" or "SSJA" means the commissioned judge
advocate general's corps officer appointed as the senior legal officer for the [
Utah
] National
Guard.
[
(19)
] 
(22)
 "Superior commissioned officer" means a commissioned officer superior to
another in rank or command.
[
(20) "UtCMJ" means Title 39, Chapter 6, Utah Code of Military Justice.
]
(23) "Unit" means any regularly organized command of the National Guard.
Section 40. Section 
39A-5-103
, which is renumbered from Section 39-6-6 is
renumbered and amended to read:
[
39-6-6
].
 39A-5-103.
State judge advocate -- Appointment -- Qualifications --
Duties -- Assistants.
(1) The adjutant general shall appoint an officer of the National Guard as the state
judge advocate. The officer shall be a member of the Utah State Bar, a United States federal
court, branch qualified, and designated as a staff judge advocate officer.
(2) The state judge advocate is the principal military legal advisor and shall, in
connection with rendering legal advice to the adjutant general, prepare pretrial advice, a
post-trial review, and act as legal advisor to the adjutant general on all matters involving
military justice[
, the Utah Manual for Military Courts, and the Utah Code of Military Justice
].
(3) The adjutant general may appoint assistant state judge advocates as considered
necessary. [
They
] 
All assistant state judge advocates
 shall be officers of the National Guard,
members of the Utah State Bar, branch qualified, and designated as staff judge advocate
officers.
(4) The SJA or an assistant 
SJA
 shall make frequent inspections of military units
throughout the state to supervise the administration of military justice.
(5) The convening authority shall review directly with the SJA all matters relating to
the administration of military justice and administrative actions. The assistant state judge
advocate or legal officer of any command may communicate directly with the assistant state
judge advocate or legal officer of a superior or subordinate command, or with the SJA.
(6) [
A person
] 
An individual
 who has acted as a member, military judge, trial counsel,
assistant trial counsel, defense counsel, assistant defense counsel, or investigating officer, or
who has been a witness for either the prosecution or defense, may not subsequently act as
assistant state judge advocate, SJA, or legal officer to any reviewing authority upon the same
case.
Section 41. Section 
39A-5-104
, which is renumbered from Section 39-6-3 is
renumbered and amended to read:
[
39-6-3
].
 39A-5-104.
Individuals subject to chapter -- Jurisdiction over
offenses.
(1) The following [
persons
] 
individuals
 are subject to this chapter:
(a) all members of the National Guard, including full-time members serving under
Title 32, United States Code; 
and
(b) all other [
persons
] 
individuals
 lawfully ordered to duty in or with the National
Guard or the [
unorganized militia
] 
Utah State Defense Force
, from the [
dates they are
] 
date
required by the terms of the order or other directive[
;
]
.
(2) (a) If there is a military activation by the federal government, all activated [
persons
]
individuals
 who would otherwise be under the jurisdiction of this chapter are subject to
concurrent jurisdiction under federal and state law.
(b) [
Persons
] 
Individuals
 under this subsection may 
only
 be tried for offenses occurring
during activation and after release from federal service, while within the period of [
an
] 
the
applicable statute of limitations.
Section 42. Section 
39A-5-105
, which is renumbered from Section 39-6-5 is
renumbered and amended to read:
[
39-6-5
].
 39A-5-105.
Application of chapter in and outside of the state --
Military courts held outside the state.
(1) This chapter applies to all [
persons
] 
individuals
:
(a) subject to this chapter within the state; [
and
]
(b) otherwise subject to this chapter while serving outside the state[
,
]
;
 and
(c)
 while going to and returning from the service outside the state[
, as if they were
serving inside the state
].
(2) Military courts may be convened and held in units of the National Guard while
those units are serving without the state, with the same jurisdiction and powers as to [
persons
]
individuals
 subject to this chapter as if the proceedings were held within the state. Offenses
committed without the state may be tried and punished either within or without the state, as
military necessity dictates.
(3) Nothing in this chapter limits a commander's authority to use adverse
administrative action to address misconduct by a member, regardless of the member's status at
the time of the misconduct.
Section 43. Section 
39A-5-106
, which is renumbered from Section 39-6-40 is
renumbered and amended to read:
[
39-6-40
].
 39A-5-106.
Offenses against the state by individual not subject to
chapter.
[
A person
] 
An individual
 not subject to this chapter is guilty of an offense against the
state if [
he
] 
the individual
 willfully neglects or refuses to appear, refuses to qualify as a witness
or to testify, or refuses to produce any evidence which [
that person
] 
the individual
 may have
been legally subpoenaed to produce, after [
he
] 
the individual
 has been:
(1) subpoenaed to appear as a witness or to produce books and records before a
military court or before any military or civil officer designated to take a deposition to be read in
evidence before the court; and
(2) paid or tendered the fees and mileage of a witness at the rates allowed to witnesses
attending the district courts of the state.
Section 44. Section 
39A-5-107
, which is renumbered from Section 39-6-7 is
renumbered and amended to read:
[
39-6-7
].
 39A-5-107.
Apprehension.
[
(1) "Apprehension" means the taking of a person into custody by competent authority,
with or without a warrant.
]
[
(2) A person
] 
(1) An individual
 authorized under this chapter or rules [
made under it
]
promulgated pursuant to this chapter
 to apprehend [
persons
] 
individuals
 subject to this chapter,
any provost marshal of a military court appointed under this chapter, and any peace officer
authorized by law, may apprehend [
persons
] 
individuals
 subject to this chapter upon probable
cause to believe that an offense has been committed and the [
person
] 
individual
 to be
apprehended committed the offense.
[
(3)
] 
(2)
 Commissioned officers, warrant officers, and noncommissioned officers may
quell disorderly conduct among [
persons
] 
individuals
 subject to this chapter and may
apprehend those [
persons
] 
individuals
 who are taking part.
Section 45. Section 
39A-5-108
, which is renumbered from Section 39-6-8 is
renumbered and amended to read:
[
39-6-8
].
 39A-5-108.
Arrest.
[
(1) "Arrest" means the restraint of a person by an order, not imposed as a punishment
for an offense, directing the person to remain within a specified area.
]
[
(2)
] 
(1)
 An enlisted 
service
 member may be ordered into arrest or confinement by any
commanding officer by an order, oral or written, delivered in person or through [
persons
]
individuals
 subject to this chapter, or through [
a person
] 
an individual
 authorized by this
chapter to apprehend [
persons
] 
individuals
.
(2)
 A commanding officer may authorize warrant officers or noncommissioned officers
to order enlisted members of his 
or her
 command or subject to his 
or her
 authority into arrest or
confinement.
(3) A commissioned officer or warrant officer may be ordered apprehended, or ordered
into arrest or confinement, only by a commanding officer to whose authority [
he
] 
the
commissioned officer or warrant officer
 is subject, and only by an order, oral or written,
delivered in person or by another commissioned officer. The authority to order the [
person
]
officer
 apprehended or into arrest or confinement may not be delegated.
(4) A [
person
] 
service member
 may not be apprehended or placed under arrest or
confinement except upon probable cause.
(5) This section does not limit [
a person
] 
an individual
 authorized to apprehend
offenders in [
his
] securing the custody of an alleged offender until the proper authority may be
notified.
Section 46. Section 
39A-5-109
, which is renumbered from Section 39-6-4 is
renumbered and amended to read:
[
39-6-4
].
 39A-5-109.
Fraudulently obtained discharge -- Desertion --
Limitations -- Tolling of time limits.
(1) [
A person
] 
An individual
 discharged from the [
Utah
] National Guard who is later
charged with having fraudulently obtained the discharge is subject to trial by a military court on
that charge.
(2) After apprehension, the [
person
] 
individual
 is subject to this chapter while in
military custody for trial. Upon conviction of [
that
] 
the
 charge the [
person
] 
individual
 is
subject to trial for all offenses under this chapter committed prior to the fraudulent discharge.
(3) [
A person
] 
An individual
 who has deserted from a military unit, which [
act
] would
subject the [
person
] 
individual
 to the jurisdiction of this chapter, is not relieved from the
jurisdiction of this chapter due to a separation from any later period of service.
(4) An individual charged with desertion or absence without leave shall be tried and
punished within four years after the preferral of charges.
(5) Except under Subsection (4), an individual charged with any offense may not be
tried by a military court or punished under Section 
39A-5-303
 if the offense was committed
more than two years before the receipt of sworn charges and specifications by an officer
exercising jurisdiction as a military court convening authority.
(6) Periods when the accused was outside the state's jurisdiction or in the custody of
civilian authorities are excluded in computing limitations of time under this section.
Section 47. Section 
39A-5-110
, which is renumbered from Section 39-6-9 is
renumbered and amended to read:
[
39-6-9
].
 39A-5-110.
Confinement.
[
(1) "Confinement" means the physical restraint of a person.
]
[
(2) (a) A person
] 
(1) (a) An individual
 subject to this chapter, who is charged with an
offense under this chapter, may be ordered into arrest or confinement, as circumstances require.
(b) When [
a person
] 
an individual
 subject to this chapter is placed into arrest or
confinement prior to trial, action shall be taken immediately to notify [
him
] 
the individual
 of
the specific offense charged [
against him
], and to either try the [
person
] 
individual
, or dismiss
the
 charges [
against him
] and release [
him
] 
the individual
.
[
(3)
] 
(2)
 Confinement before, during, or after trial by a military court shall be [
in either
a guard house or a civilian jail, or other
] 
ordered by a field grade or general officer and may be
in a
 penal [
facility
] 
institution
 determined by the governor or [
his designee
] 
the adjutant
general
.
Section 48. Section 
39A-5-111
, which is renumbered from Section 39-6-10 is
renumbered and amended to read:
[
39-6-10
].
 39A-5-111.
Parties under obligation to keep a prisoner -- Reporting.
(1) A provost marshal, [
commander of a guard, master at arms, warden, keeper,
]
sheriff, or officer of a city or county jail or [
other jail
] 
penal institution
 designated under
Section [
39-6-9
] 
39A-5-110
, may not refuse to receive or keep any prisoner [
committed to his
charge
] if the committing [
person
] 
officer
 provides a 
signed
 statement [
signed by him,
]
indicating the offense charged against the prisoner.
(2) Any party under Subsection (1) charged with keeping a prisoner shall within 24
hours after [
that
] commitment [
or as soon as he is relieved from guard,
] report to the
commanding officer of the prisoner the name of the prisoner, the nature of the offense charged
against him, and the name of the [
person
] 
individual
 who ordered or authorized the
commitment.
Section 49. Section 
39A-5-112
, which is renumbered from Section 39-6-11 is
renumbered and amended to read:
[
39-6-11
].
 39A-5-112.
Individual confined prior to trial -- Punishment
limitations.
(1) Subject to Section [
39-6-9
] 
39A-5-110
, [
a person
] 
an individual
 in confinement
prior to trial may not be subjected to punishment or penalty other than arrest or confinement
[
upon
] 
while
 the charges 
are
 pending [
against him
].
(2) The arrest or confinement imposed on a prisoner may not be more rigorous than
necessary to ensure the prisoner's presence. However, [
he
] 
the prisoner
 may be:
(a) subjected to minor punishment during that period for discipline violations; and
(b) required to perform labor as necessary for the policing and sanitation of [
his
] 
the
prisoner's
 living [
quarters, mess facilities, and the area
] 
conditions,
 immediately adjacent [
to
these
] areas, or as otherwise designated by regulations governing the housing of a prisoner.
Section 50. Section 
39A-5-113
, which is renumbered from Section 39-6-12 is
renumbered and amended to read:
[
39-6-12
].
 39A-5-113.
Individual accused of offense against civilian --
Sentences of military and civilian courts.
(1) [
Under this chapter, a person
] 
A service member
 on duty and subject to this chapter
who is accused of an offense against a civilian [
person
] 
individual
 may be delivered, upon
request, to [
the
] 
a
 civilian authority for judicial proceedings.
(2) (a) [
When a person
] 
If an individual
 under sentence imposed by a military court is
delivered to a civilian authority under this section, and the [
person
] 
individual
 is convicted in a
civilian court, the execution of the sentence of the military court is interrupted.
(b) After the [
person
] 
individual
 has completed the sentence imposed by the civilian
court, upon request of military authority, [
he
] 
the individual
 shall be returned to military
custody for completion of [
his
] 
the
 military court sentence.
Section 51. Section 
39A-5-114
, which is renumbered from Section 39-6-23 is
renumbered and amended to read:
[
39-6-23
].
 39A-5-114.
Charges and specifications -- Contents -- Notification of
accused.
(1) Charges and specifications shall be signed by a [
person
] 
member
 subject to this
chapter under oath before [
a person
] 
an individual
 authorized to administer oaths and shall
state that:
(a) the [
person
] 
individual
 signing has personal knowledge of, or has investigated, the
matters set forth in the document; and
(b) the matters set forth are true to the best of [
his
] 
the individual's
 knowledge and
belief.
(2) (a) Upon the preferring of charges, the appropriate authority shall take action
immediately to determine what disposition should be made in the interest of justice and
discipline.
(b) The accused shall be informed of the charges against him 
or her
 as soon as
practicable.
Section 52. Section 
39A-5-115
, which is renumbered from Section 39-6-24 is
renumbered and amended to read:
[
39-6-24
].
 39A-5-115.
Individual charged -- Limits on evidence obtained from
other individuals.
(1) [
A person
] 
An individual
 subject to this chapter may not:
(a) compel any [
person
] 
individual
 to incriminate himself 
or herself
 or to answer any
question, the answer to which may tend to incriminate [
him
] 
the individual
;
(b) interrogate, or request any statement from an accused or [
a person
] 
an individual
suspected of an offense, without first
:
(i)
 informing [
him
] 
the individual
 of the nature of the accusation
;
 and
(ii)
 advising [
him that he is not required to make any
] 
the individual that a
 statement 
is
not required
 regarding the offense of which [
he
] 
the individual
 is accused or suspected, and that
any statement [
made by him
] may be used as evidence against [
him
] 
the individual
 in a trial by
military court; and
(c) compel any [
person
] 
individual
 to make a statement or produce evidence before any
military court, if the statement or evidence is not material to the issue before the court and may
tend to degrade [
him
] 
the individual
.
(2) A statement obtained from any [
person
] 
individual
 in violation of this section, or
through the use of coercion, unlawful influence, or unlawful inducement may not be received
in evidence against [
him
] 
the individual
 in a trial by a military court.
Section 53. Section 
39A-5-116
, which is renumbered from Section 39-6-26 is
renumbered and amended to read:
[
39-6-26
].
 39A-5-116.
Charges to be forwarded to governor or adjutant
general.
When [
a person
] 
an individual
 is held for trial by military court, the commanding
officer shall forward the charges, together with the investigation and related papers, to the
governor or the adjutant general within five working days, excluding holidays, after the
accused is ordered into arrest or confinement.
Section 54. Section 
39A-5-117
, which is renumbered from Section 39-6-27 is
renumbered and amended to read:
[
39-6-27
].
 39A-5-117.
Review of charge by SJA -- Corrections to charges.
(1) (a) Before directing the trial of any charge by a military court, the convening
authority shall refer [
it
] 
the charge
 to the SJA for consideration and advice.
(b) The convening authority may not refer a charge to a military court for trial unless
he or she has found that the charge alleges an offense under this chapter and is warranted by
sufficient evidence, as indicated in the report of the investigation.
(2) If the charges or specifications are not formally correct or do not conform to the
substance of the evidence contained in the report of the investigating officer, formal corrections
and changes in the charges and specifications as necessary may be made to conform to the
evidence.
Section 55. Section 
39A-5-118
, which is renumbered from Section 39-6-28 is
renumbered and amended to read:
[
39-6-28
].
 39A-5-118.
Service of charges on accused.
(1) The trial counsel to whom charges are referred for trial shall cause to be served
upon the accused a copy of the charges to be tried.
(2) [
A person
] 
An individual
 may not, against his 
or her
 objection, be brought to trial
or be required to participate [
by himself or with counsel
] in a session called by the military
judge under Section [
39-6-32
] 
39A-5-216
, in a military court case, within five days after the
service of charges [
upon him
].
Section 56. Section 
39A-5-119
, which is renumbered from Section 39-6-114 is
renumbered and amended to read:
[
39-6-114
].
 39A-5-119.
Chapter interpretation -- Federal law governs.
(1) Federal laws and regulations, forms, precedents, and usages relating to and
governing the armed forces of the United States and the National Guard not inconsistent with
the constitution and laws of this state or with a rule or regulation adopted pursuant to Section
[
39-1-3
] 
39A-3-102
, apply to and govern the National Guard of this state, including all
members on active duty within the state as active duty [
guard/reserve
] 
guard or reserve
personnel under U.S.C.A. Title 32, National Guard.
(2) The Uniform Code of Military Justice, 10 U.S.C.A. 47, including regulations,
manuals, forms, precedents, and usages implementing, interpreting and complementing the
code, is adopted for use by the National Guard of this state and applies as long as it is not
inconsistent with:
(a) the constitution and laws of this state, including the regulations, manuals, forms,
precedents, and usages implementing, interpreting, and complementing the constitution and
laws of this state; or
(b) a rule or regulation adopted pursuant to Section [
39-1-3
] 
39A-3-102
, to govern the
National Guard of this state, including all members on active duty within the state as active
duty [
guard/reserve
] 
guard or reserve
 personnel under U.S.C.A. Title 32, National Guard, when
the members are serving other than in a federal capacity under U.S.C.A. Title 10.
Section 57. Section 
39A-5-201
 is enacted to read:
Part 2. Military Courts
 39A-5-201.
Military courts.
This part sets the requirements and procedures for the conduct of military courts of the
Utah National Guard.
Section 58. Section 
39A-5-202
, which is renumbered from Section 39-6-15 is
renumbered and amended to read:
[
39-6-15
].
 39A-5-202.
Composition -- Convening authority -- Responsibilities.
(1) [
In
] 
Within
 the National Guard [
that is
] 
while
 not in federal service, there is 
created
a military court to hear matters designated under the [
UtCMJ
] 
Utah Code of Military Justice
.
(2) The governor or the adjutant general of the state is the convening authority for any
military court in the state and upon receipt of charges may:
(a) dismiss any charges;
(b) forward charges to a subordinate commander for disposition; or
(c) refer charges to a military court for trial.
(3) A military court shall be convened in accordance with this part.
[
(2)
] 
(4)
 The court shall be composed of:
(a) a military judge and not fewer than three 
panel
 members; or
(b) a military judge, if before the court is assembled, the accused, knowing the identity
of the military judge and after consultation with his defense counsel, requests in writing a court
composed only of a military judge, and the military judge approves the request.
(5) The convening authority of a military court or court of inquiry:
(a) shall detail or employ qualified court reporters to record the proceedings of and
testimony taken by the court; and
(b) may detail or employ interpreters, as necessary.
Section 59. Section 
39A-5-203
, which is renumbered from Section 39-6-16 is
renumbered and amended to read:
[
39-6-16
].
 39A-5-203.
Jurisdiction -- Punishments.
(1) (a) [
Subject to Subsections (2) and (3), a
] 
A
 military court in this state has
jurisdiction to try [
persons
] 
individuals
 subject to this chapter for any offense punishable by
this chapter.
(b) The military court may, under limitations the governor may prescribe, and under
applicable state and federal regulations governing punishment, impose any punishment
described in Section 
39A-5-302
 and
 not prohibited by this chapter or state law, including the
issuance of a bad conduct discharge, when the court is in session to consider a penalty.
(2) Each major command component of the National Guard has military court
jurisdiction over all [
persons
] 
individuals
 subject to this chapter. The exercise of this
jurisdiction by one command component over members of another shall be in accordance with
regulations prescribed by the governor.
(3) Members of the Utah National Guard [
or the unorganized militia
] in federal service
are subject to the federal Uniform Code of Military Justice and all federal and state laws
pertaining to them, until released back to state control.
(4) The jurisdiction of the courts established by this chapter is presumed, and the
burden of proof shall rest on any individual attacking the court's jurisdiction in any action or
proceeding.
Section 60. Section 
39A-5-204
, which is renumbered from Section 39-6-109 is
renumbered and amended to read:
[
39-6-109
].
 39A-5-204.
Authority -- Processes and mandates.
(1) A military court may issue all processes and mandates necessary to carry into effect
the court's authority. [
The court may issue subpoenas duces tecum and enforce by attachment
the attendance of witnesses and production of books and records, when they are in the state,
and the courts are sitting in the state.
]
(2) [
The processes
] 
Processes
 and mandates:
(a) may be issued by a military court judge or the president of other military courts;
(b) may be directed to and executed by the military police assigned to the court, or any
peace officer; and
(c) shall be in a form prescribed by regulations issued under this chapter.
(3) (a) All officers to whom [
the
] processes or mandates are directed shall execute
[
them
] and [
make
] return [
of their acts according to
] 
all actions in accordance with
 the
requirements of the documents.
(b) Except [
where
] 
as
 otherwise provided [
under
] 
in
 this chapter, an officer may not
demand or require payment of any fee or charge for receiving, executing, or returning a process
or mandate, or for any service in connection with either document.
Section 61. Section 
39A-5-205
, which is renumbered from Section 39-6-108 is
renumbered and amended to read:
[
39-6-108
].
 39A-5-205.
Execution of military court processes and sentences.
The processes and sentences of the National Guard in its military court, when the guard
is not in federal service, shall be executed by the civil officers prescribed by state law.
Section 62. Section 
39A-5-206
, which is renumbered from Section 39-6-20 is
renumbered and amended to read:
[
39-6-20
].
 39A-5-206.
Military judge -- Qualifications -- Designation for detail.
(1) The [
authority
] convening 
authority of
 a military court shall, subject to regulations
[
made
] 
promulgated
 by the governor, detail a military judge
, as designated by the state judge
advocate,
 to preside over each open session of the court.
(2) A military judge shall be:
(a) a commissioned officer;
(b) a member of the Utah State Bar;
(c) a member of the bar of a federal court; and
(d) certified as qualified for [
this
] duty by the state judge advocate.
[
(3) (a) The military judge of a military court shall be designated by the state judge
advocate or the SJA's designee for detail by the convening authority.
]
[
(b)
] 
(3)
 Unless the military court [
was
] 
is
 convened by the governor, neither the
adjutant general nor the adjutant general's staff may prepare or review any report concerning
the effectiveness, fitness, or efficiency of the detailed military judge that relates to the judge's
performance of duty as a military judge.
(4) [
A person
] 
An individual
 is not eligible to act as a military judge in a case if the
[
person
] 
individual
:
(a) is the accuser;
(b) is a witness in the case;
(c) has acted as investigating officer; or
(d) is a counsel in the same case.
(5) The military judge of a court may not:
(a) consult with the members of the court, except in the presence of the accused, trial
counsel, and defense counsel; or
(b) vote with the members of the court.
Section 63. Section 
39A-5-207
, which is renumbered from Section 39-1-41.5 is
renumbered and amended to read:
[
39-1-41.5
].
 39A-5-207.
Authority of military court judges -- Payment of
witnesses.
(1) Judges of military courts may:
(a) issue a warrant [
to
] 
for the
 arrest 
of
 an accused [
person and bring him before the
court for trial, when the person has failed to obey a prior summons to appear before the court,
and a copy of the charge or information has been delivered to the accused with the summons
]
individual who, having been served with a warrant and a copy of the charges, disobeys a
written order by the convening authority to appear before the court
;
(b) issue subpoenas and subpoenas duces tecum, and enforce by attachment the
attendance of witnesses and the production of books and papers;
(c) sentence for a refusal to be sworn or to answer as provided in actions before civil
courts; and
(d) issue process 
to compel witnesses to appear and testify, and compel the production
of other evidence
 in any county within the state.
(2) Witnesses shall be paid in the same manner as in district courts.
Section 64. Section 
39A-5-208
, which is renumbered from Section 39-6-19 is
renumbered and amended to read:
[
39-6-19
].
 39A-5-208.
Individuals who may serve on a military court.
(1) A commissioned officer off or on duty with the National Guard may serve on a
military court for the trial of any [
person
] 
individual
 brought before the court for trial.
(2) A warrant officer off or on duty with the National Guard may serve on a military
court for the trial of any [
person
] 
individual
, other than a superior commissioned officer, who
is brought before the court for trial.
(3) (a) An enlisted member of the National Guard who is not a member of the same
unit as the accused may serve on a military court for the trial of any enlisted member brought
before the court for trial.
(b) However, an enlisted member may serve as a member of a court only if before the
conclusion of a session called by the court under Section [
39-6-32
] 
39A-5-216
, or in the
absence of the session, before the court is assembled for the trial of the accused, the accused
personally has requested in writing that enlisted members serve on the court.
(c) If the request is made under Subsection (3)(b), the accused may not be tried by the
military court when enlisted members comprise less than 1/2 of the total membership of the
court, unless eligible members cannot be obtained on account of physical conditions or military
exigencies.
(d) If [
the
] 
eligible
 members cannot be obtained, the court may be assembled and trial
held without them, but the convening authority shall make a detailed written explanation of
why [
they
] 
eligible members
 could not be obtained. This statement shall be appended to the
court record.
[
(e) "Unit" means any regularly organized major command (MACOM) of the National
Guard.
]
(4) (a) [
A person
] 
An individual
 subject to this chapter [
shall
] 
may
 be tried by a
military court, but no member 
of the court
 may be junior to [
him
] 
the individual
 in rank or
grade.
(b) When [
an authority convenes
] a military court[
, it
] 
is convened, the convening
authority
 shall detail as members of the court [
those persons
] 
individuals
 who [
in his opinion
]
are best qualified for the duty by age, education, training, experience, length of service, and
judicial temperament.
(c) A member is not eligible to serve as a member of a military court [
when he
] 
if the
member:
(i)
 is the accuser [
or
] 
in the case;
(ii) is
 a witness in the case [
or
]
;
(iii)
 has acted as investigating officer 
in the case;
 or
(iv) has acted
 as counsel in the [
same
] case.
(5) An action or proceeding may not be prosecuted or maintained against a convening
authority, member of a military court, or individual acting under the court's authority or
reviewing the court's proceedings because of:
(a) the imposition, approval, or execution of any sentence;
(b) the imposition or collection of a fine or penalty; or
(c) the execution of any warrant, writ, execution, process, or mandate of a military
court.
Section 65. Section 
39A-5-209
, which is renumbered from Section 39-6-30 is
renumbered and amended to read:
[
39-6-30
].
 39A-5-209.
Military court findings -- Prohibition of censuring or
influencing court actions -- Military court member's performance.
[
(1) An authority convening a military court, or any other commanding officer, or
officer serving on the staff of any of these persons, may not censure, reprimand, or admonish
the court or any member, military judge, or counsel of the court, with respect to the findings or
sentence adjudged by the court, or any other function carried out in the proceeding.
]
(1) The court or any panel member, military judge, or counsel of the court may not be
censured, reprimanded, or admonished by a convening authority, commanding officer, or staff
officer with respect to the findings or sentence adjudged by the court, or any other function
carried out in the proceeding.
(2) [
A person
] 
An individual
 subject to this chapter may not attempt to coerce, or by
any unauthorized means influence the action of:
(a) the military court or any other military tribunal or any member of [
these in their
] 
a
military tribunal
 arriving at the findings or sentence in any case; or
(b) any convening, approving, or reviewing authority with respect to [
his
] 
any
 judicial
acts.
(3) Subsection (2) does not apply to:
(a) general instructional or informational courses in military justice, if the courses are
designed solely for the purpose of instructing members of a command in the substantive and
procedural aspects of a military court; or
(b) statements and instructions given in open court by the military judge, the president
of a military court, or counsel.
(4) In preparing an effectiveness, efficiency, or fitness report, or any other report or
document used in whole or in part for determining whether a member of the National Guard is
qualified to be advanced in grade, or in determining the assignment or transfer of a member of
the National Guard, or in determining whether a member should be retained in an active status,
[
a person
] 
an individual
 subject to this chapter may not:
(a) consider or evaluate the performance of duty of any member of a military court; or
(b) give a less favorable rating or evaluation of any member of the National Guard
because of the zeal with which the member, as counsel, represented any accused before a
military court or before any other proceeding authorized by this chapter.
Section 66. Section 
39A-5-210
, which is renumbered from Section 39-6-31 is
renumbered and amended to read:
[
39-6-31
].
 39A-5-210.
Prosecutions in state name -- Right to defense trial
counsel.
(1) The trial counsel of a military court prosecutes in the name of the state, and shall
prepare the record of the proceedings under the direction of the court.
(2) (a) The accused has the right to be represented [
in his defense
] before a military
court by civilian counsel if provided by him at no expense to the state, or by military counsel of
his 
or her
 own selection if reasonably available.
(b) If the accused has 
retained civilian
 counsel [
of his own choosing
], the defense
counsel and any assistant defense counsel who were detailed shall act as the associate counsel
to the 
civilian
 counsel [
for the accused
] if the accused desires. Otherwise, detailed counsel
shall be excused by the military judge.
(3) In a court proceeding resulting in a conviction, the defense counsel may forward for
attachment to the record of proceedings a brief of matters that should be considered on behalf
of the accused on review, including any objection to the contents of the record.
(4) An assistant trial counsel of a military court may, under the direction of the trial
counsel, or as trial counsel when he is so qualified, perform any duty imposed by law,
regulation, or the custom of the service on the trial counsel of the court. An assistant trial
counsel of a military court may perform any duty of the trial counsel.
(5) An assistant defense counsel of a military court may, under the direction of the
defense counsel or when he is qualified to be the defense counsel, perform any duty imposed
by law, regulation, or the custom of the service upon counsel for the accused.
Section 67. Section 
39A-5-211
, which is renumbered from Section 39-6-29 is
renumbered and amended to read:
[
39-6-29
].
 39A-5-211.
Court procedures -- Regulations by governor.
(1) In cases subject to or brought under this chapter, before military courts, or before
other military tribunals, the procedure, including elements of proof, may be prescribed by the
governor [
by regulations
].
(2) The [
regulations shall, as the
] governor [
considers practicable,
] 
shall promulgate
regulations that
 apply the principles of law and the rules of evidence generally recognized in
the trial of criminal cases in the courts of the state. However, the regulations may not be
contrary to or inconsistent with this chapter.
Section 68. Section 
39A-5-212
, which is renumbered from Section 39-6-35 is
renumbered and amended to read:
[
39-6-35
].
 39A-5-212.
Military court -- Oath or affirmation.
(1) Before performing their respective duties, 
an oath or affirmation to perform all
duties faithfully shall be administered to:
(a)
 military judges[
,
]
;
(b)
 interpreters[
,
]
;
(c)
 members of the court[
,
]
;
(d)
 the trial counsel[
,
]
;
(e)
 the assistant trial counsel[
,
]
;
(f)
 the defense counsel[
,
]
;
(g)
 the assistant defense counsel[
,
]
;
 and
(h)
 court reporters [
shall take an oath or affirmation to perform their duties faithfully
].
(2) (a) The governor shall prescribe by regulation
:
(i)
 the oath or affirmation[
,
]
;
(ii)
 the time and place of taking [
either of them,
] 
the oath or affirmation;
(iii)
 the manner of recording the taking[
,
]
;
 and
(iv)
 whether the oath is 
to be
 taken for all cases in which these duties are to be
performed or for a specific case.
(b) The regulations may provide that an oath or affirmation to faithfully perform any of
the duties under Subsection (1) except that of court reporter, be taken at any time by any judge
advocate, legal officer, or other [
person
] 
individual
 certified as qualified or competent for the
duty. The regulations may also provide that an oath under this subsection need not again be
taken at the time the judge advocate, legal officer, or other [
person
] 
individual
 having taken an
oath under this section is detailed to that duty.
[
(c)
] 
(3)
 Each witness in a military court shall be examined [
on
] 
under
 oath or
affirmation.
Section 69. Section 
39A-5-213
, which is renumbered from Section 39-6-34 is
renumbered and amended to read:
[
39-6-34
].
 39A-5-213.
Military court -- Challenge for cause -- Peremptory
challenge.
(1) The military judge and members of a military court may be challenged by the
accused or the trial counsel for cause stated to the court. The military judge of the court shall
determine the relevancy and validity of challenges for cause, and may not receive a challenge
to more than one [
person
] 
member
 at a time. Challenges by the trial counsel shall be presented
and decided before those by the accused are offered, unless the judge determines otherwise.
(2) Each accused and the trial counsel are entitled to one peremptory challenge, but the
military judge may not be challenged except for cause. The military judge in his 
or her
discretion may grant additional peremptory challenges where appropriate.
Section 70. Section 
39A-5-214
, which is renumbered from Section 39-6-22 is
renumbered and amended to read:
[
39-6-22
].
 39A-5-214.
Military court members -- When excused -- Trial
procedure.
(1) A member of a military court may not be absent or excused after the court has been
assembled for the trial of the accused, except because of physical disability, the result of a
challenge, or for good cause by order of the convening authority.
(2) (a) When a military court other than a court composed solely of a military judge is
reduced to fewer than four members, the trial may not proceed unless the convening authority
details new members sufficient to provide not fewer than four members.
(b) When the new members have been sworn, the trial may proceed with the new
members present after the recorded evidence previously introduced before the members of the
court has been read to the court in the presence of the military judge, the accused, and the
counsel for the prosecution and defense.
Section 71. Section 
39A-5-215
, which is renumbered from Section 39-6-33 is
renumbered and amended to read:
[
39-6-33
].
 39A-5-215.
Military court -- Continuance.
The military judge may, upon good cause shown, grant a continuance to trial or defense
counsel for a stated period of time, when a continuance appears to be just.
Section 72. Section 
39A-5-216
, which is renumbered from Section 39-6-32 is
renumbered and amended to read:
[
39-6-32
].
 39A-5-216.
Military court -- Session -- Procedures.
(1) After the service of charges has been referred for trial to a military court composed
of a military judge and 
panel
 members, the military judge may, subject to Section [
39-6-28
]
39A-5-118
, call the court into session. The session shall be
:
(a)
 made a part of the record[
,
]
;
 and [
shall be
]
(b)
 in the presence of the accused, the defense counsel, and the trial counsel.
(2) The session may be conducted without the presence of the 
panel
 members.
(3)
 A session under this subsection may be conducted for the following purposes:
(a) hearing and determining motions raising defenses or objections which are capable
of determination without trial of the issues raised by a plea of not guilty;
(b) hearing and ruling upon any matter a military judge under this chapter may rule
upon, whether or not the matter is appropriate for later consideration or decision by the
members of the court;
(c) holding the arraignment and receiving the pleas of the accused, if permitted by
regulations [
prescribed
] 
promulgated
 by the governor or adjutant general; or
(d) performing any other procedural function that may be performed by the military
judge under this chapter or under rules [
prescribed
] 
promulgated
 under Section [
39-6-39
]
39A-5-219
 and which does not require the presence of the members of the court.
[
(3)
] 
(4)
 When the members of a military court deliberate or vote, only the members
may be present.
(5)
 All other proceedings, including any other consultation of the members of the court
with counsel or the military judge, shall be made a part of the record and shall be in the
presence of the accused, the defense counsel, and the military judge.
Section 73. Section 
39A-5-217
, which is renumbered from Section 39-6-38 is
renumbered and amended to read:
[
39-6-38
].
 39A-5-217.
Plea of not guilty -- Accepted -- Withdrawn.
(1) A plea of not guilty shall be entered in the record, and the court shall proceed as
though the accused [
had
] pleaded not guilty, if the accused:
(a) after arraignment
,
 makes an irregular pleading;
(b) after a plea of guilty
.
 raises a matter inconsistent with the plea;
(c) has apparently entered the plea of guilty improvidently or through lack of
understanding of its meaning and effect; or
(d) fails or refuses to plead.
(2) (a) A plea of guilty by the accused may not be accepted to any charge or
specification alleging an offense for which a determinate term of one year confinement may be
imposed.
(b) If a plea of guilty has been accepted by the military judge, a finding of guilty, if
permitted by regulations promulgated by the governor, shall be entered immediately without
vote and constitutes the finding of the court.
(c) If the plea of guilty is withdrawn prior to announcement of the sentence, the
proceedings shall continue as though the accused [
had
] pleaded not guilty.
Section 74. Section 
39A-5-218
, which is renumbered from Section 39-6-41 is
renumbered and amended to read:
[
39-6-41
].
 39A-5-218.
Contempt -- Penalty.
(1) A military court may punish for contempt any [
person
] 
individual
 who uses any
menacing word, sign, or gesture in its presence, or who disturbs its proceedings by any
disorderly conduct.
(2) The punishment may not exceed confinement for three days in the county jail of the
county where the proceedings are held, or a fine of $200, or both.
Section 75. Section 
39A-5-219
, which is renumbered from Section 39-6-39 is
renumbered and amended to read:
[
39-6-39
].
 39A-5-219.
Obtaining evidence and witnesses -- Procedure.
[
(1) 
]The trial and defense counsel, and the military court, have equal opportunity to
obtain witnesses and other evidence under
:
(1)
 regulations 
promulgated by
 the governor[
,
] 
or
 adjutant general[
, or
]
;
(2)
 the applicable rules of civil and criminal procedure
;
 or
(3)
 state or federal law [
prescribe
].
[
(2) The military court judge may:
]
[
(a) issue a warrant for the arrest of any accused person who, having been served with a
warrant and a copy of the charges, disobeys a written order by the convening authority to
appear before the court;
]
[
(b) issue subpoenas duces tecum and other subpoenas;
]
[
(c) enforce by attachment the attendance of witnesses and the production of books and
papers; and
]
[
(d) sentence for refusal to be sworn or to answer, as under civil procedure.
]
[
(3) Process issued in a military court to compel witnesses to appear and testify and to
compel the production of other evidence may be served within the boundaries of the state.
]
Section 76. Section 
39A-5-220
, which is renumbered from Section 39-6-42 is
renumbered and amended to read:
[
39-6-42
].
 39A-5-220.
Depositions -- Procedure.
(1) After charges have been signed under Section [
39-6-23
] 
39A-5-114
, any party may
take oral or written depositions unless the military judge hearing the case, or if the case is not
being heard, an authority competent to convene a military court for the trial of [
those
] 
the
charges prohibits the depositions for good cause.
(2) The party at whose instance a deposition is to be taken shall give to every other
party reasonable written notice of the time and place for taking the deposition.
(3) Depositions may be taken before and authenticated by any military or civil officer
authorized 
to administer oaths
 under state law or the law of the jurisdiction where the
deposition is 
to be
 taken [
to administer oaths
].
(4) An authenticated deposition, taken upon reasonable notice to the other parties, may
be read in evidence, to the extent it is admissible under the rules of evidence, before any
military court or any proceeding before a court of inquiry, if [
it appears to the court
]:
(a) the witness resides or is beyond the state in which the military court or court of
inquiry is ordered to sit, or beyond the distance of 100 miles from the location of the trial or
hearing;
(b) the witness due to death, age, illness, bodily infirmity, imprisonment, military
necessity, nonamenability to process, or other reasonable cause, is unable or refuses to appear
and testify in person at the location of the trial or hearing;
(c) the present location of the witness is unknown; or
(d) the deposition was taken in the physical presence of the accused.
Section 77. Section 
39A-5-221
, which is renumbered from Section 39-6-43 is
renumbered and amended to read:
[
39-6-43
].
 39A-5-221.
Sworn testimony -- Read in evidence.
(1) The sworn testimony of a case which is contained in the authenticated record of
proceedings of a court of inquiry, of [
a person
] 
an individual
 whose oral testimony cannot be
obtained, may be read in evidence by any party before a military court if:
(a) 
the sworn testimony is
 otherwise admissible under the rules of evidence;
(b) the accused was a party before the court of inquiry;
(c) the same issue was involved or the accused consents to the introduction of the
evidence; or
(d) the accused was physically present when the testimony was taken.
(2) The testimony may be read in evidence:
(a) before a court of inquiry or a military board; or
(b) by the defense only in cases extending to the dismissal of a commissioned officer.
Section 78. Section 
39A-5-222
, which is renumbered from Section 39-6-44 is
renumbered and amended to read:
[
39-6-44
].
 39A-5-222.
Voting by military court members -- Procedure --
Presumption of innocence -- Reasonable doubt -- Burden of proof.
[
(1) (a) Voting by members of a military court on the findings and on the sentence, and
upon questions of challenge, are by secret written ballot.
]
[
(b) The junior member of the court counts the votes.
]
[
(c) The count shall be reviewed by the president, who shall immediately announce the
result of the ballot to the members of the court.
]
[
(2)
] 
(1)
 (a) The military judge shall rule upon all questions of law and all interlocutory
questions arising during the proceedings.
(b) A ruling made by the military judge upon a question of law or an interlocutory
question, other than the factual issue of mental responsibility of the accused, is final and is the
ruling of the court. However, the military judge may change the ruling at any time during the
trial.
[
(3)
] 
(2)
 Before a vote is taken on the findings, the military judge shall, in the presence
of the accused and counsel, instruct the court as to the elements of the offense and charge the
court that:
(a) the accused [
must be
] 
is
 presumed innocent until [
his
] guilt is established by legal
and competent evidence beyond reasonable doubt;
(b) if there is reasonable doubt as to the guilt of the accused, the doubt shall be
resolved in favor of the accused, and [
he
] 
the accused
 shall be acquitted;
(c) if there is a reasonable doubt as to the degree of guilt, the finding [
must
] 
shall
 be in
a lower degree, as to which there is no reasonable doubt; and
(d) the burden of proof to establish the guilt of the accused beyond a reasonable doubt
is on the state.
(3) (a) Voting by members of a military court on the findings and on the sentence, and
upon questions of challenge, are by secret written ballot.
(b) The junior member of the court counts the votes.
(c) The count shall be reviewed by the president, who shall immediately announce the
result of the ballot to the members of the court.
(4) (a) [
Subsections (1), (2), and (3) do not apply to a court
] 
If the court is
 composed of
a military judge only, [
as
] the military judge [
of a court
] determines all questions of law and
fact arising during the proceedings. If the accused is convicted, the judge imposes the sentence.
(b) The military judge of a court shall make a general finding and shall [
in addition
]
,
on request
,
 find the facts specially.
(c)
 If an opinion or memorandum of decision is filed, it is sufficient if the findings of
fact are included.
Section 79. Section 
39A-5-223
, which is renumbered from Section 39-6-45 is
renumbered and amended to read:
[
39-6-45
].
 39A-5-223.
Vote necessary for conviction or other questions -- Tie
votes.
(1) [
A person
] 
The accused
 may not be convicted of any offense except by a
unanimous verdict of the members of the court present at the time the vote is taken.
(2) [
(a)
] All other questions decided by the members of a military court are determined
by a majority vote. [
However, a
] 
A
 determination to reconsider a finding of guilty, to
reconsider a sentence, or to decrease [
it
] 
a sentence
, may be made by any lesser vote which
indicates that the reconsideration is not opposed by the number of votes required for that
finding or sentence.
[
(b)
] 
(3) (a)
 A tie vote on a challenge disqualifies the member challenged.
(b)
 A tie vote on a motion for a finding of not guilty or on a motion relating to the
question of the accused's sanity is a determination against the accused.
(c)
 A tie vote on any other question is a determination in favor of the accused.
Section 80. Section 
39A-5-224
, which is renumbered from Section 39-6-46 is
renumbered and amended to read:
[
39-6-46
].
 39A-5-224.
Findings -- Background check prior to sentencing.
(1) A court shall announce its findings and sentence to the parties as soon as
determined.
(2) The court panel may defer sentencing pending an investigation of the background
of the accused to determine a just and appropriate sentence.
Section 81. Section 
39A-5-225
, which is renumbered from Section 39-6-52 is
renumbered and amended to read:
[
39-6-52
].
 39A-5-225.
Finding or sentence -- Error -- Review.
(1) A finding or sentence of a military court may not be held incorrect on the ground of
an error of law unless the error materially prejudices the substantial rights of the accused.
(2) A reviewing authority with the power to approve or affirm a finding of guilty may
approve or affirm that portion of the finding that includes a lesser included offense.
Section 82. Section 
39A-5-226
, which is renumbered from Section 39-6-47 is
renumbered and amended to read:
[
39-6-47
].
 39A-5-226.
Military court records.
(1) (a) Each military court shall maintain a separate record of the proceedings in each
case brought before it. [
The
] 
Each
 record shall be authenticated by the signature of the military
judge.
(b) 
(i)
 If the record cannot be authenticated by the military judge due to [
his
] death,
disability, or absence, it shall be authenticated by the signature of the trial counsel.
(ii)
 If the trial counsel is unable to authenticate due to [
his
] death, disability, or
absence, a member of the court panel shall authenticate the record by [
his
] signature.
(c) In a court of only a military judge, the record shall be authenticated by the court
reporter under the same conditions that a member of a court would authenticate under this
section[
,
]
:
(i)
 if the proceedings have resulted in an acquittal of all charges and specifications
;
 or[
,
if
]
(ii) if the proceedings are
 not affecting a general or flag officer, [
in
] 
for
 a sentence 
that
does
 not [
including
] 
include a
 discharge and 
is
 not in excess of that which may be prescribed
by regulations of the governor.
(2) A copy of the record of the proceedings of each court shall be given to the accused
as soon as it is authenticated.
(3)
 The expense in preparing and transmitting the record shall be by regulations
prescribed by the governor or the adjutant general.
Section 83. Section 
39A-5-227
, which is renumbered from Section 39-6-53 is
renumbered and amended to read:
[
39-6-53
].
 39A-5-227.
Trial record forwarded to convening authority.
After a trial by a military court, the record shall be forwarded to the convening
authority, as 
the
 reviewing authority. Action on the record may be taken by the [
person who
convened the court
] 
convening authority
, a commissioned officer commanding at that time, a
successor in command, or by the governor.
Section 84. Section 
39A-5-228
, which is renumbered from Section 39-6-54 is
renumbered and amended to read:
[
39-6-54
].
 39A-5-228.
Convening authority refers record to SJA -- Opinion.
The convening authority shall refer the record of each military court to the SJA, who
shall submit a written opinion to the convening authority. If the final action of the court is an
acquittal of all charges and specifications, the opinion is limited to questions of jurisdiction.
Section 85. Section 
39A-5-229
, which is renumbered from Section 39-6-55 is
renumbered and amended to read:
[
39-6-55
].
 39A-5-229.
Specification dismissal -- No finding of not guilty --
Procedure.
(1) If a specification before a military court has been dismissed on motion and the
ruling does not amount to a finding of not guilty, the convening authority may return the record
to the court for reconsideration of the ruling and any further appropriate action.
(2) If there is an apparent error or omission in the record or the record shows improper
or inconsistent action by a court martial regarding a finding or sentence, that may be rectified
without material prejudice to the substantial rights of the accused, the convening authority may
return the record to the court for appropriate action. However, the record may not be returned
for:
(a) reconsideration of a finding of not guilty of any specification, or a ruling which
amounts to a finding of not guilty;
(b) reconsideration of a finding of not guilty of any charge unless the record shows a
finding of guilty under a specification laid under that charge, which sufficiently alleges a
violation of a provision of this chapter; or
(c) increasing the severity of the sentence.
Section 86. Section 
39A-5-230
, which is renumbered from Section 39-6-56 is
renumbered and amended to read:
[
39-6-56
].
 39A-5-230.
Rehearing ordered by convening authority -- Grounds --
Procedure.
(1) (a) If the convening authority disapproves the findings and sentence of a military
court [
he may, except if
]
, the convening authority may, unless
 there is 
a
 lack of sufficient
evidence in the record to support the findings, order a rehearing, and [
shall
] state the reasons
for disapproval.
(b) If [
he
] 
the convening authority
 disapproves the findings and sentence and does not
order a rehearing, [
he shall dismiss
] the charges 
shall be dismissed
.
(2) (a) Each rehearing shall take place before a military court composed of members
who are not members of the military court that [
first
] 
originally
 heard the case.
(b) At 
a
 rehearing, the accused may not be tried for any offense [
of
] 
for
 which [
he was
found
] 
a verdict of
 not guilty 
was returned
 by the [
first
] 
original
 military court.
(3)
 A sentence imposed may not exceed or be more severe than the original sentence,
unless based on a finding of guilty regarding an offense not considered on the merits in the
original proceedings.
Section 87. Section 
39A-5-231
, which is renumbered from Section 39-6-58 is
renumbered and amended to read:
[
39-6-58
].
 39A-5-231.
Convening authority review -- Action by governor final
-- SJA review -- Appeal of final action.
(1) When the governor is the convening authority, the governor's action on the review
of a record of trial is final.
(2) The state judge advocate shall review the record of trial in each case prior to final
action being taken.
(3) The SJA shall make a written review and recommendation on legal issues to the
convening authority for [
its
] consideration prior to final action in any case.
(4) In a case subject to review by the SJA under this section, the SJA shall submit an
opinion regarding any errors committed during the trial and an analysis of the legal effect of the
error to the convening authority prior to [
its
] 
the convening authority's
 affirmation and action
regarding the findings and sentence in the case.
(5) The convening authority may affirm only findings of guilty and the sentence or part
of the sentence that:
(a) is correct in law and fact; and
(b) should be approved, based on the entire record and the advice of the SJA, and any
rebuttal submitted by the accused or defense counsel.
(6) In considering the record, the convening authority may weigh the evidence, judge
the credibility of witnesses, and determine controverted questions of fact, recognizing that the
trial court saw and heard the testimony of the witnesses.
(7) If the convening authority sets aside the findings and sentence:
(a) a rehearing may be ordered, except when the decision to set aside is based on a lack
of sufficient evidence in the record to support the findings; or
(b) if a rehearing is not ordered, the charges shall be dismissed.
(8) (a) Final action approved by the convening authority may be appealed directly to
the Utah Court of Appeals.
(b) Notice of appeal shall be filed within 30 days after the final action has been taken
by the convening authority.
Section 88. Section 
39A-5-232
, which is renumbered from Section 39-6-59 is
renumbered and amended to read:
[
39-6-59
].
 39A-5-232.
Military court sentence -- Execution by convening
authority.
(1) Except under Sections [
39-6-17
 and 
39-6-58
] 
39A-5-306
 and 
39A-5-231
, a military
court sentence may be ordered executed by the convening authority when approved [
by him
],
unless suspended or deferred.
(2) The convening authority [
shall, in his
] 
has
 discretion[
,
] 
to
 approve the sentence or
[
the
] 
a
 part or commuted form of the sentence.
(3)
 After [
his
] approval, [
he
] 
the convening authority
 may suspend the execution of the
sentence.
Section 89. Section 
39A-5-233
, which is renumbered from Section 39-6-61 is
renumbered and amended to read:
[
39-6-61
].
 39A-5-233.
Probation violation -- Hearing -- Counsel -- Execution of
suspended sentence.
(1) 
Probation imposed as a result of a suspended sentence may be vacated by the
convening authority.
(2)
 (a) Before [
the vacation of the suspension of
] a 
suspended
 military court sentence
may be vacated
, the officer holding convening authority jurisdiction over the probationer shall
hold a hearing on the alleged violation of probation.
(b) The probationer shall be represented by counsel at the hearing.
[
(2)
] 
(3)
 (a) The record of the hearing and the recommendation of the officer having
jurisdiction shall be sent for action to
:
(i)
 the governor in cases involving a military court sentence of confinement[
, and
]
; or
(ii) in all other cases,
 to the commanding officer of the [
unit of the
] National Guard
unit
 of which the probationer is a member[
, in all other cases
].
(b) If the governor or commanding officer vacates the suspension, any unexecuted part
of the sentence except a dismissal shall be executed.
[
(3)
] 
(4)
 The suspension of any other sentence may be vacated by any authority 
for the
command in which the accused is serving or assigned that is
 competent to convene[
, for the
command in which the accused is serving or assigned,
] a court that imposed the sentence.
Section 90. Section 
39A-5-234
, which is renumbered from Section 39-6-62 is
renumbered and amended to read:
[
39-6-62
].
 39A-5-234.
Petition for new trial -- Grounds.
Within 30 days after approval by the convening authority of a military court sentence,
the accused may petition the convening authority for a new trial on the ground of newly
discovered evidence or fraud on the court.
Section 91. Section 
39A-5-235
, which is renumbered from Section 39-6-37 is
renumbered and amended to read:
[
39-6-37
].
 39A-5-235.
Second trial on an offense prohibited.
(1) [
A person
] 
An individual
 may not, without [
his
] 
the individual's
 written consent, be
brought to trial a second time in any military or civilian court of the state for the same offense.
(2) A proceeding in which an accused has been found guilty by a military court upon
any charge or specification, is not a trial under this section until the finding of guilty has
become final and the review of the case has been completed.
(3) A proceeding that, after the introduction of evidence but before a finding, is
dismissed or terminated by the convening authority or on motion of the prosecution for failure
of available evidence or witnesses without any fault of the accused is a trial under this section.
Section 92. Section 
39A-5-236
, which is renumbered from Section 39-6-63 is
renumbered and amended to read:
[
39-6-63
].
 39A-5-236.
Sentence -- Vacation or suspension.
(1) A convening authority may [
remit
] 
vacate
 or suspend any part or amount of the
unexecuted portion of the sentence, including all uncollected forfeitures.
(2) The governor may for good cause shown substitute an administrative form of a
discharge for a bad conduct discharge or dismissal executed under a military court sentence.
Section 93. Section 
39A-5-237
, which is renumbered from Section 39-6-64 is
renumbered and amended to read:
[
39-6-64
].
 39A-5-237.
Sentence set aside -- Rights restored.
(1) Under rules prescribed by the governor or the adjutant general all rights, privileges,
and property affected by an executed portion of a military court sentence which has been set
aside or disapproved, except an executed dismissal or discharge, shall be restored unless a new
trial or rehearing is ordered and the executed part is included in a sentence imposed upon the
new trial or rehearing.
(2) If a previously executed sentence of bad conduct discharge is not imposed in a new
trial, the governor shall substitute a discharge authorized for administrative issue, unless the
accused is serving the remainder of his 
or her
 enlistment.
(3) (a) If a previously executed sentence of dismissal is not imposed in a new trial, the
governor shall substitute a discharge authorized for administrative issue.
(b) [
The
] 
A
 commissioned officer dismissed by [
the
] 
a
 sentence may be reappointed by
the governor to the grade and rank [
he
] 
the commissioned officer
 had attained, if a position is
available under 
the
 applicable organization.
(c) Time between the dismissal and reappointment is considered service for all
purposes.
Section 94. Section 
39A-5-238
, which is renumbered from Section 39-6-65 is
renumbered and amended to read:
[
39-6-65
].
 39A-5-238.
Finality of military court judgments.
(1) The proceedings, findings, and sentence a military court has reviewed and approved
under this chapter, and all dismissals and discharges executed under sentences by military court
following review and approval under this chapter, are final and conclusive.
(2) Orders publishing the proceedings of military court and all action taken pursuant to
those proceedings are binding upon all departments, courts, agencies, and officers of the state,
subject only to action upon a petition for new trial under Section [
39-6-62
] 
39A-5-234
.
Section 95. Section 
39A-5-239
, which is renumbered from Section 39-6-107 is
renumbered and amended to read:
[
39-6-107
].
 39A-5-239.
Courts of inquiry.
(1) Courts of inquiry to investigate any matter may be convened by the governor or his
designee, whether or not the [
persons
] 
individuals
 involved have requested the inquiry.
(2) A court of inquiry consists of three or more commissioned officers. For each court,
the convening authority shall also appoint counsel for the court.
(3) (a) [
A person
] 
An individual
 subject to this chapter whose conduct is subject to
inquiry shall be designated as a party. [
A person
] 
An individual
 subject to this chapter or
employed by the National Guard, who has a direct interest in the subject of inquiry, has the
right to be designated as a party upon request to the court.
(b) [
A person
] 
An individual
 designated as a party shall be given due notice and has the
right to be present, represented by counsel, to have counsel appointed, to cross examine
witnesses, and to introduce evidence.
(4) Members of a court of inquiry may be challenged by a party, but only for cause
stated to the court.
(5) The members, counsel, [
the
] reporter, and interpreters of a court of inquiry shall
take an oath or affirmation to faithfully perform [
their duties
] 
the duties required under this
section
.
(6) Witnesses may be summoned to appear and testify and be examined before a court
of inquiry, under the same provisions as for a military court.
(7) A court of inquiry shall make findings of fact but may not express opinions or make
recommendations, unless required to do so by the convening authority.
(8) (a) A court of inquiry shall keep a record of [
its
] 
the court's
 proceedings, which
shall be authenticated by the signatures of the president and counsel for the court and
forwarded to the convening authority.
(b) 
(i)
 If the record cannot be authenticated by the president, it shall be signed by a
member in lieu of the president.
(ii)
 If the record cannot be authenticated by the counsel for the court, it shall be
authenticated by a member in lieu of the counsel.
Section 96. Section 
39A-5-301
, which is renumbered from Section 39-6-49 is
renumbered and amended to read:
Part 3. Military Punishments
[
39-6-49
].
 39A-5-301.
Military punishments -- Limits of punishment -- Cruel
and unusual punishments -- Use of irons.
(1)
 Punishment directed by a military court for an offense may not exceed limits
prescribed under [
Section 
39-1-38.5
] 
Subsection (2)
 or lesser limits 
prescribed by
 the governor
[
may prescribe
] for the offense.
(2) A military court may impose upon an accused any of the following after conviction
for an offense:
(a) incarceration in a county jail for no longer than one year;
(b) a fine of not more than $2,500;
(c) forfeiture of pay of not more than $2,500;
(d) detention of pay equivalent to three months' pay for a period not to exceed one
year;
(e) arrest in quarters for officers;
(f) restriction to specified limits for enlisted members;
(g) extra duty for not more than 60 consecutive days;
(h) reprimand;
(i) reduction of enlisted members to the lowest enlisted grade;
(j) a bad conduct discharge for enlisted members;
(k) dismissal for officers;
(l) restitution to any individual or entity injured as a result of the accused's conduct; or
(m) any combination of Subsections (2)(a) through (2)(l).
(3) Cruel or unusual punishments, including flogging, branding, marking, or tattooing
on the body may not be imposed by any court or inflicted upon any individual subject to this
chapter.
(4) Single or double irons may not be used unless necessary for safe custody.
Section 97. Section 
39A-5-302
, which is renumbered from Section 39-6-14 is
renumbered and amended to read:
[
39-6-14
].
 39A-5-302.
Nonjudicial punishment.
(1) The governor and the adjutant general of Utah may prescribe regulations governing
the administration of nonjudicial punishment. The imposition and enforcement of disciplinary
punishment under this section for any act or omission is not a bar to trial by a civilian court of
competent jurisdiction.
(2) A service member subject to this chapter may request trial by military court in lieu
of nonjudicial punishment at any time prior to imposition of nonjudicial punishment.
(a) Upon receipt of a timely request for trial by military court in lieu of nonjudicial
punishment, the commanding officer may grant the request, or deny the request and continue
with nonjudicial punishment proceedings. If the commander denies the member's request for
trial by military court, the commander may not impose limitations on personal liberty as a
punishment under nonjudicial punishment proceedings. For purposes of this section,
punishments imposing limitations on personal liberty include restriction to specific limited
areas and extra duties.
(b) Denial of a request for trial by military court in lieu of nonjudicial punishment does
not create a private right of action and is not subject to judicial review.
(3) Any commanding officer in the [
Utah
] National Guard may, in addition to a
reprimand, impose one or more of the punishments under this section without the intervention
of a military court.
(a)
 Forfeiture of pay shall be calculated based on the monthly amount a service
member would receive as base pay if on active duty.
(b)
 If a reduction of pay grade is imposed, forfeiture of pay is based on the grade to
which the service member was reduced even if the reduction was suspended.
(4) Punishment imposed by the governor, a general officer, or a full colonel upon
officers within the general officer's or full colonel's command may include:
(a) forfeiture of not more than one-half of one month's pay per month for three months;
and
(b) restriction to specific limited areas, with or without suspension from duty, for not
more than 60 consecutive days.
(5) Punishment imposed by the governor, a general officer, or a full colonel upon
enlisted personnel within the general officer's or full colonel's command may include:
(a) forfeiture of not more than one-half of one month's pay per month for two months;
(b) reduction of one or more pay grades if the imposing commander holds promotion
authority over the grade from which the enlisted [
person
] 
member
 was demoted, but an enlisted
member in a pay grade above E-4 may not be reduced more than two pay grades;
(c) extra duties, including fatigue or other duties, for not more than 60 consecutive
days; and
(d) restriction to specific limited areas, with or without suspension from duty, for not
more than 60 consecutive days.
(6) Punishment imposed by a commander of the grade of lieutenant colonel or major
upon enlisted personnel within the lieutenant colonel's or major's command may include:
(a) forfeiture of not more than one-half of one month's pay per month for two months;
(b) reduction of no more than two pay grades if the imposing commander holds
promotion authority over the grade from which the enlisted [
person
] 
member
 was demoted;
(c) extra duties, including fatigue or other duties, for not more than 45 consecutive
days; and
(d) restriction to specific limited areas, with or without suspension of duty, for not
more than 45 consecutive days.
(7) Punishment imposed by a commander of the grade of captain or lieutenant upon
enlisted personnel within the captain's or lieutenant's command may include:
(a) forfeiture of not more than one-half of one month's pay for one month;
(b) extra duties, including fatigue or other duties, for not more than 30 consecutive
days;
(c) restriction to specific limited areas, with or without suspension from duty, for not
more than 30 consecutive days; and
(d) reduction of one pay grade if the imposing commander holds promotion authority
over the grade from which the enlisted [
person
] 
member
 was demoted.
(8) Punishments of restriction to specific limited areas and extra duty may be combined
to run concurrently, but the combination may not exceed the maximum duration imposable for
extra duty.
(9) (a) The imposing commander or a successor in command may, at any time, suspend
by probation:
(i) all or any part of the amount of the unexecuted punishment; and
(ii) a reduction in grade or a forfeiture imposed, whether or not executed.
(b) The imposing commander or a successor in command shall set the terms of
probation for any suspended punishment.
(c) The imposing commander or a successor in command may, at any time, [
remit
]
vacate
 or mitigate any part or amount of the unexecuted punishment. The imposing
commander or a successor in command may also set aside in whole or in part the findings,
punishment, or both, whether executed or unexecuted, and restore all rights, privileges, and
affected property.
(d) The imposing commander or a successor in command may mitigate reduction in
grade to forfeiture of pay. Extra duties may be mitigated to restriction.
(e) A mitigated punishment may not span a greater period of time than the original
punishment.
(f) When mitigating a reduction in grade to forfeiture of pay, the amount of the
forfeiture may not exceed the maximum allowable forfeiture the imposing commander could
have originally imposed.
(10) (a) A service member punished under this section may appeal to the next superior
commander in the service member's chain of command. The next superior commander shall
conduct a de novo review of both the findings and punishment under procedures provided by
regulation. The next superior commander may modify or set aside the findings or punishment,
having the same options afforded the imposing commander as described in this section. In no
case may the next superior commander increase the severity of the findings or the amount of
punishment originally imposed.
(b) If two levels of command exist above the imposing commander, the service
member, having exhausted the service member's first level of appeal, may appeal to the next
superior commander. If the matter originates with the governor, the adjutant general, or one
level of command below the adjutant general, no right to a second appeal exists. The decision
of the adjutant general on an appeal of nonjudicial punishment is final and is not subject to
further appeal or judicial review.
(c) The decision of the governor or the adjutant general to impose nonjudicial
punishment upon a service member is final and is not subject to further appeal or judicial
review.
(d) The imposing commander shall promptly forward any appeal to the next superior
commander. During the course of the appeal, the imposing commander may require the
appellant to submit to the imposed punishment.
(11) A superior commander shall first obtain a legal review from a judge advocate of
the Utah National Guard before acting on an appeal from any of the following imposed
punishments:
(a) forfeiture of more than seven day's pay;
(b) reduction of one or more pay grades;
(c) extra duties for more than 14 days; or
(d) restriction for more than 14 days.
(12) Punishments imposed under this section, except forfeiture of pay, may not extend
beyond the termination of the duty status of the punished individual.
Section 98. Section 
39A-5-303
, which is renumbered from Section 39-6-110 is
renumbered and amended to read:
[
39-6-110
].
 39A-5-303.
Fines.
(1) Fines 
imposed by a military court
 may be paid to [
a
] 
the
 military court or to an
officer executing [
its
] process 
for the court
. The amount of the fine may be noted upon any
state roll or account for pay of the delinquent and deducted from any pay or allowance due or to
become due to [
him
] 
the individual fined
, until the fine is completely paid.
(2) Any sum deducted shall be turned in to the military court which imposed the fine
and shall be paid by the officer receiving it under the same procedure as for fines and other
money collected under a sentence of a military court.
(3) A fine or penalty imposed by a military court upon an officer or enlisted [
person
]
member
 shall be paid by the officer collecting it to the state General Fund[
,
] within 30 days.
Section 99. Section 
39A-5-304
, which is renumbered from Section 39-6-50 is
renumbered and amended to read:
[
39-6-50
].
 39A-5-304.
Forfeiture of pay as sentence.
(1) When a lawful and approved sentence of a court includes a forfeiture of pay or
allowances in addition to confinement that is not suspended or deferred, the forfeiture may
apply to pay or allowances becoming due on or after the date the sentence is approved by the
convening authority.
(2) A forfeiture may not extend to any pay or allowances [
acquired
] 
received
 before
that date.
Section 100. Section 
39A-5-305
, which is renumbered from Section 39-6-51 is
renumbered and amended to read:
[
39-6-51
].
 39A-5-305.
Confinement as sentence -- Penal institutions.
(1) A sentence of confinement imposed by a military court, whether or not it includes
discharge or dismissal and whether or not the discharge or dismissal has been executed, may be
carried into execution by confinement in any place of confinement under the control of any of
the forces of the National Guard or in any [
jail, penitentiary, or prison under the control
] 
penal
institution
 of the state or of any political subdivision of the state.
(2) If the words "hard labor" are not included in a sentence or punishment imposed by a
court martial imposing confinement, the authority executing the sentence or punishment is not
prohibited from requiring hard labor as a part of the sentence or punishment.
(3) The [
keepers,
] officers, sheriffs, and [
wardens of
] penal institutions of the state and
[
its
] 
any
 political subdivisions 
of the state
 designated by the governor or his designee under
Section [
39-6-10
] 
39A-5-111
 shall:
(a) receive [
persons
] 
individuals
 ordered into confinement before trial and [
persons
]
individuals
 committed to confinement by a military court;
(b) confine them according to law; and
(c) receive or confine [
a person
] 
an individual
 under this chapter without assessing any
fee or charge.
Section 101. Section 
39A-5-306
, which is renumbered from Section 39-6-17 is
renumbered and amended to read:
[
39-6-17
].
 39A-5-306.
Bad conduct discharge or dismissal -- Approval by
governor.
(1) A sentence imposing dismissal or bad conduct discharge against a member of the
National Guard who is not in federal service may not be executed until it is approved by the
governor.
(2) A discharge or dismissal may not be imposed by any military court unless a
complete written record of the proceedings has been made and is available for consideration of
the military court.
Section 102. Section 
39A-6-101
, which is renumbered from Section 39-7-102 is
renumbered and amended to read:
CHAPTER 6. UTAH SERVICE MEMBERS' CIVIL RELIEF ACT
[
39-7-102
].
 39A-6-101.
Utah Service Members' Civil Relief Act -- Definitions.
As used in this chapter:
(1) "Dependent" means the spouse and children of a service member or any other
[
person
] 
individual
 dependent upon the service member for support.
(2) "Interest" includes service charges, renewal charges, fees, or any other charges in
respect to any obligation or liability.
(3) "Service member" means any member of the Utah National Guard or Utah State
Defense Force serving on active military service in an organized military unit.
[
(3) "Military
] 
(4) "State military
 service" means active, full-time service with a
recognized military unit called into service by the governor for at least 30 days.
[
(4) "Service member" means any member of the National Guard serving on active
military service in an organized military unit.
]
Section 103. Section 
39A-6-102
 is enacted to read:
 39A-6-102.
Application of this chapter.
(1) Military members of the National Guard or the Defense Force, when ordered to
state military service by the governor have the same rights and protections as provided by
federal law for activation to federal military service.
(2) Proper application of this chapter shall suspend or postpone actions upon certain
obligations until 60 days after discharge from active, full-time state military service.
Section 104. Section 
39A-6-103
, which is renumbered from Section 39-7-119 is
renumbered and amended to read:
[
39-7-119
].
 39A-6-103.
Rulemaking authority.
The [
Adjutant General
] 
adjutant general
 may make rules in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act, to implement this chapter.
Section 105. Section 
39A-6-104
, which is renumbered from Section 39-7-104 is
renumbered and amended to read:
[
39-7-104
].
 39A-6-104.
Reopening default judgments.
(1) A default judgment rendered in any civil action against a service member during a
period of 
state
 military service or within 30 days after termination of the 
state
 military service
may be set aside if:
(a) it appears that the [
person
] 
service member
 was prejudiced by reason of [
his
] 
the
service member's state
 military service in making a defense to the action;
(b) application by the [
person
] 
service member
 or [
his
] 
the service member's
 legal
representative is made to the court rendering the judgment not later than 60 days after the
termination of the 
service member's state
 military service; and
(c) the application provides enough facts that it appears that the defendant has a
meritorious or legal defense to the action or some part of the action.
(2) Vacating, setting aside, or reversing any judgment because of any of the provisions
of this chapter may not impair any right or title acquired by any bona fide purchaser for value
under the judgment.
Section 106. Section 
39A-6-105
, which is renumbered from Section 39-7-105 is
renumbered and amended to read:
[
39-7-105
].
 39A-6-105.
Stay of proceedings.
(1) If at any point during an action or proceeding it appears that a plaintiff or defendant
is a service member and in the conduct of the proceedings may be adversely affected by [
his
]
the service member's state
 military service, the court may, on its own motion, stay the
proceedings.
(2) The court may stay the proceedings if the service member or another [
person
]
individual
 on [
his
] 
the service member's
 behalf makes a request in writing to the court, unless
the court determines on the record that the ability of the plaintiff to pursue the action or the
defendant to conduct [
his
] 
a
 defense is not materially affected by reason of [
his
] 
the service
member's state
 military service.
Section 107. Section 
39A-6-106
, which is renumbered from Section 39-7-106 is
renumbered and amended to read:
[
39-7-106
].
 39A-6-106.
Fines and penalties on contracts.
(1) If compliance with the terms of a contract is stayed pursuant to this chapter, a fine
or penalty may not accrue by reason of failure to comply during the period of the stay.
(2) If a service member has not obtained a stay and a fine or penalty is imposed for
nonperformance of an obligation, a court may relieve enforcement if the service member was in
state
 military service when the penalty was incurred and [
his
] 
the service member's
 ability to
pay or perform was materially impaired.
Section 108. Section 
39A-6-107
, which is renumbered from Section 39-7-107 is
renumbered and amended to read:
[
39-7-107
].
 39A-6-107.
Exercise of rights not to affect future financial
transactions.
Application by a service member in 
state
 military service for, or receipt of, a stay,
postponement, or suspension under the provisions of this chapter in the payment of any fine,
penalty, insurance premium, or other civil obligation or liability may not be used for any of the
following:
(1) a determination by any lender or other person that the service member is unable to
pay any civil obligation or liability in accordance with its terms;
(2) with respect to a credit transaction between a creditor and a service member:
(a) a denial or revocation of credit by the creditor;
(b) a change by the creditor in the terms of an existing credit arrangement; or
(c) a refusal by the creditor to grant credit to the service member in substantially the
amount or on substantially the terms requested; or
(3) an adverse report relating to the creditworthiness of the service member by or to
any person or entity engaged in the practice of assembling or evaluating consumer credit
information.
Section 109. Section 
39A-6-108
, which is renumbered from Section 39-7-108 is
renumbered and amended to read:
[
39-7-108
].
 39A-6-108.
Stay of execution of judgment.
Unless the court determines on the record that the ability of the service member to
comply with the judgment or order entered or sought is not materially affected by reason of
[
his
] 
the service member's state
 military service, the court may, on its own motion, or upon
application [
to it
] by the service member or another [
person on his
] 
individual on the service
member's
 behalf:
(1) stay the execution of any judgment or order entered against the service member, as
provided in this chapter; and
(2) vacate or stay any attachment or garnishment of property, money, or debts in the
hands of another, whether before or after judgment as provided in this chapter.
Section 110. Section 
39A-6-109
, which is renumbered from Section 39-7-109 is
renumbered and amended to read:
[
39-7-109
].
 39A-6-109.
Duration of stays.
(1) Any stay of any action, proceeding, attachment, or execution, ordered by any court
under the provisions of this chapter may be ordered for the period of 
state
 military service plus
60 days after its termination or any part of that time period.
(2) [
Where
] 
If
 the service member in 
state
 military service is a codefendant with others,
the plaintiff may, with leave of the court, proceed against the others.
Section 111. Section 
39A-6-110
, which is renumbered from Section 39-7-110 is
renumbered and amended to read:
[
39-7-110
].
 39A-6-110.
Statutes of limitations affected by state military service.
The period of 
state
 military service is not included in computing any period limited by
law, rule, or order for the bringing of any action or proceeding in any court, board, bureau,
commission, department, or other agency of government by or against any [
person
] 
individual
in 
state
 military service or by or against [
his
] 
the service member's
 heirs, executors,
administrators, or assigns, whether the cause of action or the right or privilege to institute the
action or proceeding has accrued prior to or during the period of 
state
 military service.
Section 112. Section 
39A-6-111
, which is renumbered from Section 39-7-111 is
renumbered and amended to read:
[
39-7-111
].
 39A-6-111.
Maximum rate of interest.
An obligation or liability bearing interest at a rate in excess of six percent per year
incurred by a service member in 
state
 military service before [
his
] 
the service member's
 entry
into 
state
 military service may not, during any part of the period of 
state
 military service, bear
interest at a rate in excess of six percent per year unless, in the opinion of the court and upon
application to the court by the obligee, the ability of the service member to pay interest upon
the obligation or liability at a rate in excess of six percent per year is not materially affected by
reason of [
his
] 
the service member's
 service. The court may make any order in the action that,
in [
its
] 
the court's
 opinion, is just.
Section 113. Section 
39A-6-112
, which is renumbered from Section 39-7-112 is
renumbered and amended to read:
[
39-7-112
].
 39A-6-112.
Dependent benefits.
Dependents of a service member in 
state
 military service are entitled to the benefits
accorded to service members in 
state
 military service under the provisions of Sections
[
39-7-113
 through 
39-7-117
] 
39A-6-113
 through 
39A-6-117
 upon application to a court,
unless, in the opinion of the court, the ability of the dependents to comply with the terms of the
obligation, contract, lease, or bailment has not been materially impaired by reason of the 
state
military service of the service member upon whom the applicants are dependent.
Section 114. Section 
39A-6-113
, which is renumbered from Section 39-7-113 is
renumbered and amended to read:
[
39-7-113
].
 39A-6-113.
Eviction or distress of dependents.
(1) A landlord may not evict or take and hold property of a service member or the
service member's dependents for nonpayment of rent during the period of 
state
 military service
if the rent on the premises occupied by the service member or the service member's dependents
is less than $2,400 per month unless a court allows it after application to the court and an order
granted in an action or proceeding affecting the right of possession.
(2) In any action affecting the right of possession, the court may, on its own motion,
stay the proceedings for not longer than three months, or make any order the court determines
to be reasonable and just under the circumstances, unless the court finds that the ability of the
tenant to pay the agreed rent is not materially affected by reason of the service member's 
state
military service.
(3) When a stay is granted or other order is made by the court, the owner of the
premises shall be entitled, upon application, to relief with respect to the premises similar to that
granted service members in military service in Sections [
39-7-114
 through 
39-7-116
]
39A-6-114
 through 
39A-6-116
 to the extent and for any period as the court determines to be
just and reasonable under the circumstances.
(4) Any person who knowingly takes part in any eviction or distress otherwise than as
provided in Subsection (1), or attempts to do so, is guilty of a class B misdemeanor.
(5) The governor is empowered to order an allotment of the pay of a service member in
state
 military service in reasonable proportion to discharge the rent of premises occupied for
dwelling purposes by any dependents of the service member.
Section 115. Section 
39A-6-114
, which is renumbered from Section 39-7-114 is
renumbered and amended to read:
[
39-7-114
].
 39A-6-114.
Installment contracts.
(1) The creditor of a service member who, prior to entry into 
state
 military service, has
entered into an installment contract for the purchase of real or personal property may not
terminate the contract or repossess the property for nonpayment or any breach occurring during
military service without an order from a court of competent jurisdiction.
(2) The court, upon application to it under this section, may, unless the court finds on
the record that the ability of the service member to comply with the terms of the contract is not
materially affected by reason of the service member's 
state
 military service:
(a) order repayment of any prior installments or deposits as a condition of terminating
the contract and resuming possession of the property;
(b) order a stay of the proceedings on [
its
] 
the court's
 own motion, or on motion by the
service member or another [
person
] 
individual
 on the service member's behalf; or
(c) make any other disposition of the case [
it
] 
the court
 considers to be equitable to
conserve the interests of all parties.
(3) Any person who knowingly repossesses property which is the subject of this section
other than as provided in Subsection (1) is guilty of a class B misdemeanor.
Section 116. Section 
39A-6-115
, which is renumbered from Section 39-7-115 is
renumbered and amended to read:
[
39-7-115
].
 39A-6-115.
Mortgage foreclosures.
(1) The creditor of a service member who[
, prior to entry into military service, has
]
entered into a mortgage contract with the service member or the service member's dependent
for the purchase of real or personal property 
prior to the service member's entry into state
military service
 may not foreclose on the mortgage or repossess the property for nonpayment or
any breach occurring during 
the service member's state
 military service without an order from a
court of competent jurisdiction.
(2) The court, upon 
an
 application [
to it
] under this section, may, unless the court finds
on the record that the ability of the service member to comply with the terms of the mortgage is
not materially affected by reason of the service member's 
state
 military service:
(a) order repayment of any prior installments or deposits as a condition of terminating
the contract and resuming possession of the property;
(b) order a stay of the proceedings on [
its
] 
the court's
 own motion, or on motion by the
service member or another [
person
] 
individual
 on the service member's behalf; or
(c) make any other disposition of the case as [
it
] 
the court
 considers to be equitable to
conserve the interests of all parties.
(3) In order to come within the provisions of this section, the service member or
dependent shall establish the following:
(a) that relief is sought on an obligation secured by a mortgage, trust deed, or other
security in the nature of a mortgage on either real or personal property;
(b) that the obligation originated prior to the service member's entry into 
state
 military
service;
(c) that the property was owned by the service member or the service member's
dependent prior to the commencement of 
state
 military service; and
(d) that the property is still owned by the service member or the service member's
dependent at the time relief is sought.
(4) Any person who knowingly forecloses on property which is the subject of this
section other than as provided in Subsection (1) is guilty of a class B misdemeanor.
Section 117. Section 
39A-6-116
, which is renumbered from Section 39-7-116 is
renumbered and amended to read:
[
39-7-116
].
 39A-6-116.
Application for relief.
(1) A [
person
] 
service member
 may, at any time during [
his
] 
the service member's
period of 
state
 military service or within 60 days after discharge or termination, apply to a court
for relief in respect of any obligation or liability incurred by the [
person
] 
service member
 prior
to [
his
] 
the service member's
 period of military service.
(2) The court, after appropriate notice and hearing, unless in [
its
] 
the court's
 opinion
the ability of the applicant to comply with the terms of the obligation or liability has not been
materially affected by reason of [
his
] 
the service member's state
 military service, may grant the
following relief:
(a) In the case of an obligation payable under its terms in installments under a contract
for the purchase of real estate, or secured by a mortgage or other instrument in the nature of a
mortgage upon real estate, a stay of the enforcement of the obligation during the applicant's
period of 
state
 military service and, from the date of termination of the period of 
state
 military
service or from the date of application if made after termination of 
state
 military service, for a
period equal to the period of the remaining life of the installment contract or other instrument
plus a period of time equal to the period of 
state
 military service of the applicant, or any part of
the combined period, subject to payment of the balance of principal and accumulated interest
due and unpaid at the date of termination of the period of 
state
 military service or from the date
of application, in equal installments during the combined period at the rate of interest on the
unpaid balance as is prescribed in the contract, or other instrument evidencing the obligation,
for installments paid when due, and subject to any other terms as the court may consider just.
(b) In the case of any other obligation or liability, a stay of the enforcement during the
applicant's period of 
state
 military service and, from the date of termination of the period of
state
 military service or from the date of application if made after termination of the period of 
state
 military service, for a period of time equal to the period of 
state
 military service of the
applicant or any part of that period, subject to payment of the balance of principal and
accumulated interest due and unpaid at the date of termination of the period of 
state
 military
service or the date of application, in equal periodic installments during the extended period at
the rate of interest prescribed for the obligation or liability, if paid when due, and subject to
other terms the court considers to be reasonable and just.
(3) When any court has granted a stay as provided in this section, a fine or penalty may
not be accrued for failure to comply with the terms or conditions of the obligation or liability
for which the stay was granted during the period the terms and conditions of the stay are
complied with.
Section 118. Section 
39A-6-117
, which is renumbered from Section 39-7-117 is
renumbered and amended to read:
[
39-7-117
].
 39A-6-117.
Storage liens.
(1) A person may not exercise any right to foreclose or enforce any lien for storage of
household goods, furniture, or personal effects of a service member in 
state
 military service
during the service member's period of 
state
 military service and for 60 days after termination or
discharge, except upon an order previously granted by a court upon application and a return to
the court made and approved by the court. In the proceeding the court may, after hearing the
matter, on its own motion, and shall, on application [
to it
] by the service member in 
state
military service or another [
person
] 
individual
 on the service member's behalf, unless in the
opinion of the court the ability of the service member to pay the storage charges due is not
materially affected by reason of the service member's 
state
 military service:
(a) stay the proceedings as provided in this chapter; or
(b) make any other disposition the court considers to be equitable to conserve the
interest of all the parties.
(2) The enactment of the provisions of this section may not be construed in any way as
affecting or limiting the scope of Section [
39-7-115
] 
39A-6-115
.
(3) Any person who knowingly takes any action contrary to the provisions of this
section, or attempts to do so, is guilty of a class B misdemeanor.
Section 119. Section 
39A-7-101
, which is renumbered from Section 39-9-101 is
renumbered and amended to read:
CHAPTER 7. MORALE, WELFARE, AND RECREATION PROGRAM
[
39-9-101
].
 39A-7-101.
State Morale, Welfare, and Recreation Program --
Program established.
[
(1) This chapter is known as the "State Morale, Welfare, and Recreation Program."
]
[
(2)
] The adjutant general is authorized to establish a Utah National Guard Morale,
Welfare, and Recreation Program to serve members of the military, eligible dependents, and
others as set out in Section [
39-9-103
] 
39A-7-103
.
Section 120. Section 
39A-7-102
, which is renumbered from Section 39-9-102 is
renumbered and amended to read:
[
39-9-102
].
 39A-7-102.
Definitions.
For purposes of this chapter:
(1) "Dependent" means the spouse or children of [
a person
] 
an individual
 eligible to
use the program and facilities in accordance with Section [
39-9-103
] 
39A-7-103
.
(2) "MWR" means morale, welfare, and recreation.
(3) "MWR facility" means any Utah National Guard facility located on a Department
of Defense or Utah National Guard installation or on property controlled by the Department of
Defense or the Utah National Guard, the purpose of which is to enhance MWR for authorized
patrons.
Section 121. Section 
39A-7-103
, which is renumbered from Section 39-9-103 is
renumbered and amended to read:
[
39-9-103
].
 39A-7-103.
Eligibility and facilities.
(1) Use of the MWR program and facilities is limited to:
(a) active and reserve component members of the Utah National Guard and armed
forces of the United States;
(b) [
persons
] 
individuals
 retired from the armed forces of the United States;
(c) civilian employees of the Utah National Guard;
(d) dependents of authorized [
persons
] 
individuals
 in Subsections (1)(a) through (c);
(e) contracted employees of the Utah National Guard while working on-site or
conducting business on National Guard property; [
and
]
(f) sponsored [
persons
] 
individuals
 when personally accompanied by a sponsor who is
an eligible patron as described in this section
; and
(g) other personnel or organizations at the discretion of the adjutant general
.
(2) MWR facilities include any of the following, even if the shop, building, or parcel is
only partially used for MWR purposes:
(a) post or base exchange;
(b) canteen or service club;
(c) barber shop;
(d) fitness center;
(e) snack bar;
(f) restaurant;
(g) billeting operation;
(h) laundry facility;
(i) range;
(j) swimming pool; or
(k) any other shop, building, or parcel that meets the definition of MWR facility in
Section [
39-9-102
] 
39A-7-102
.
(3) The adjutant general shall, by regulation, determine specific use priorities when
MWR facilities cannot accommodate all authorized patrons.
Section 122. Section 
39A-7-104
, which is renumbered from Section 39-9-104 is
renumbered and amended to read:
[
39-9-104
].
 39A-7-104.
Administration of MWR Program.
(1) The adjutant general may authorize the program to:
(a) contract for goods and services;
(b) hire employees; and
(c) receive funds from patrons in exchange for goods or services provided within the
program.
(2) The adjutant general is authorized to establish MWR facilities throughout the state
that, in the adjutant general's judgment, are necessary for military purposes.
(3) The adjutant general shall promulgate regulations to govern the operation of the
program.
(4) The adjutant general may appoint a director for the program.
(5) The adjutant general shall establish a system of bookkeeping, accounting, and
auditing procedures for the proper handling of funds derived from the program's operations.
(6) The program may use State Armory Board-controlled properties, provided:
(a) the use incurs no more than nominal cost to the state; or
(b) any costs to the state above nominal associated with the use are reimbursed to the
state by the program.
Section 123. Section 
39A-7-105
, which is renumbered from Section 39-9-105 is
renumbered and amended to read:
[
39-9-105
].
 39A-7-105.
National Guard MWR Fund -- Proceeds.
(1) There is created an expendable special revenue fund known as the National Guard
MWR Fund.
(2) The fund shall consist of:
(a) all proceeds collected under this chapter;
(b) donations made to the National Guard MWR Program; and
(c) any appropriations to the program by the Legislature.
(3) Money from the fund shall be used for the enhancement of morale, welfare, and
recreation, and the administration of the program under this chapter, including paying the costs
of:
(a) salaries of program employees;
(b) public liability insurance, when needed;
(c) the adjutant general's Outreach Program;
(d) the State Partnership Program; and
(e) any other expenses considered necessary in furtherance of the program by the
adjutant general or the adjutant general's designee.
Section 124. Section 
39A-8-101
, which is renumbered from Section 39-10-101 is
renumbered and amended to read:
CHAPTER 8. WEST TRAVERSE SENTINEL LANDSCAPE ACT
[
39-10-101
].
 39A-8-101.
West Traverse Sentinel Landscape Act --
Purpose.
[
(1) This chapter is known as "West Traverse Sentinel Landscape Act."
]
[
(2)
] The purpose of this act is to:
[
(a)
] 
(1)
 identify lands adjacent to Camp Williams that are important to the nation's
defense mission;
[
(b)
] 
(2)
 preserve and enhance the relationship between adjacent landowners and Camp
Williams; and
[
(c)
] 
(3)
 create incentives to encourage adjacent landowners to adopt land management
practices consistent with Camp Williams's military mission.
Section 125. Section 
39A-8-102
, which is renumbered from Section 39-10-102 is
renumbered and amended to read:
[
39-10-102
].
 39A-8-102.
Area designation -- West Traverse Sentinel
Landscape.
(1) The compatible use buffer area surrounding Camp Williams shall be known as the
West Traverse Sentinel Landscape.
(2) Lands designated by the committee established in Section [
39-10-103
] 
39A-8-103
and lands acquired or encumbered through the Camp Williams Army Compatible Use Buffer
(ACUB) Program shall be added to the buffer area.
Section 126. Section 
39A-8-103
, which is renumbered from Section 39-10-103 is
renumbered and amended to read:
[
39-10-103
].
 39A-8-103.
West Traverse Sentinel Landscape Coordinating
Committee.
(1) There is created the West Traverse Sentinel Landscape Coordinating Committee.
(2) The committee shall be composed of the following members:
(a) the adjutant general of the Utah National Guard or another senior officer appointed
by the adjutant general;
(b) the executive director of the Department of Veterans and Military Affairs or the
director's designee;
(c) a landowner, selected by the chair, who owns property within the sentinel landscape
area;
(d) a representative from a land conservation organization in Utah recognized as
accredited under the standards and practices of the Land Trust Accreditation Commission;
(e) a representative from each municipality adjacent to Camp Williams, at the
discretion of the municipality;
(f) one representative each from Salt Lake, Utah, and Tooele counties, at the discretion
of the county governing body;
(g) a representative from a nongovernmental land management organization; and
(h) one member selected from a state agency that participates in land management
activities.
(3) Committee members shall be selected and serve in accordance with this Subsection
(3).
(a) The committee member representing Subsection (2)(c) shall be selected by the chair
from a list of nominees presented by local officials.
(b) The committee members representing Subsections (2)(d) and (g) shall be invited to
participate by the chair with the approval of a majority of the committee.
(c) Each incorporated municipality bordering Camp Williams shall, at its discretion no
later than July 1 of each year, provide the chair with the name of the individual who will
represent the municipality on the committee, as provided in Subsection (2)(e). If the
municipality declines to be represented on the committee, it shall send a letter to the chair on
the municipality's letterhead stating that no individual will be appointed.
(d) If a county, as provided in Subsection (2)(f), declines to be represented on the
committee, it shall send a letter to the chair on the county's letterhead not later than July 1 of
each year stating that no individual will be appointed.
(e) The committee chair shall request the appointment of members representing
Subsection (2)(h) from:
(i) the governor if the request is for a member from a state agency; or
(ii) the mayor or governing body of a local government entity if the request is for a
member from a local government agency.
(4) The adjutant general or his appointee shall serve as chair of the committee.
(5) The committee shall meet at the call of the chair, but not less than twice each
calendar year.
(6) A member may not receive compensation or benefits for the member's service but
may receive per diem and travel expenses in accordance with:
(a) Section 
63A-3-106
;
(b) Section 
63A-3-107
; and
(c) rules made by the Division of Finance pursuant to Sections 
63A-3-106
 and
63A-3-107
.
(7) The Utah National Guard shall provide staff support for the committee.
Section 127. Section 
39A-8-104
, which is renumbered from Section 39-10-104 is
renumbered and amended to read:
[
39-10-104
].
 39A-8-104.
Committee responsibilities.
(1) The committee shall:
(a) identify lands to be included in the designated sentinel landscape;
(b) develop strategies and recommendations to encourage landowners within the
sentinel landscape to voluntarily participate in and begin or continue land uses compatible with
Camp Williams's military mission; and
(c) publish any policies and procedures as administrative rules in accordance with Title
63G, Chapter 3, Utah Administrative Rulemaking Act.
(2) In designating sentinel lands, the coordinating committee shall include all working
or natural lands that the coordinating committee believes contribute to the long-term
sustainability of the military missions conducted at Camp Williams.
(3) The committee shall determine the appropriate level of state resources required to
adequately protect Camp Williams's military mission and may apply for grants from the LeRay
McAllister Critical Lands Conservation Program to aid in securing those resources.
(4) In determining lands to designate, the coordinating committee shall seek input
from:
(a) the director of the Department of Defense Readiness and Environmental Protection
Integration Program; and
(b) the director of the National Guard Bureau Army Compatible Use Buffer Program,
as authorized under 10 U.S.C. Sec. 2684(a).
(5) The committee shall provide a written report of its activities if state funds are
expended during the previous calendar year no later than July 31 annually to:
(a) the governor;
(b) the Government Operations Interim Committee; and
(c) the Executive Appropriations Committee.
Section 128. Section 
39A-8-105
, which is renumbered from Section 39-10-105 is
renumbered and amended to read:
[
39-10-105
].
 39A-8-105.
West Traverse Sentinel Landscape Fund.
(1) As used in this section:
(a) "Committee" means the West Traverse Sentinel Landscape Coordinating
Committee created in Section [
39-10-103
] 
39A-8-103
.
(b) "Fund" means the West Traverse Sentinel Landscape Fund.
(2) There is created a restricted account within the General Fund known as the West
Traverse Sentinel Landscape Fund.
(3) The fund shall consist of:
(a) appropriations from the Legislature; and
(b) grants or donations from other public or private sources.
(4) The fund shall be administered by the Utah National Guard and the committee.
(5) The purpose of the fund shall be to provide:
(a) matching funds for established federal funding programs concerning sentinel
landscapes;
(b) matching funds for local and private funding programs that assist with sentinel
landscape designations;
(c) incentives for landowners who voluntarily participate in land management practices
that are consistent with Camp Williams's military missions;
(d) sentinel landscape monitoring, community outreach, and education;
(e) costs associated with due diligence and administration of purchasing land and
easements; and
(f) administrative costs as approved by the Utah National Guard and the committee.
(6) The committee may make an appropriation request through the Utah National
Guard to the Legislature for necessary funds to carry out the committee's purpose.
(7) Upon appropriation, funds may only be used for landscapes that qualify under:
(a) the Army Compatible Use Buffer Program guidelines or similar regulations as a
federal program whose purpose is to secure landscapes that serve to buffer military
installations;
(b) Internal Revenue Code guidelines in 26 U.S.C. Sec. 170(h); or
(c) local municipal or county guidelines established through the committee and
consistent with Camp Williams's military mission.
Section 129. Section 
53-2a-603
 is amended to read:
53-2a-603.
State Disaster Recovery Restricted Account.
(1) (a) There is created a restricted account in the General Fund known as the "State
Disaster Recovery Restricted Account."
(b) The disaster recovery account consists of:
(i) money deposited into the disaster recovery account in accordance with Section
63J-1-314
;
(ii) money appropriated to the disaster recovery account by the Legislature; and
(iii) any other public or private money received by the division that is:
(A) given to the division for purposes consistent with this section; and
(B) deposited into the disaster recovery account at the request of:
(I) the division; or
(II) the person or entity giving the money.
(c) The Division of Finance shall deposit interest or other earnings derived from
investment of account money into the General Fund.
(2) Subject to being appropriated by the Legislature, money in the disaster recovery
account may only be expended or committed to be expended as follows:
(a) (i) subject to Section 
53-2a-606
, in any fiscal year the division may expend or
commit to expend an amount that does not exceed $500,000, in accordance with Section
53-2a-604
, to fund costs to the state of emergency disaster services in response to a declared
disaster;
(ii) subject to Section 
53-2a-606
, in any fiscal year the division may expend or commit
to expend an amount that exceeds $500,000, but does not exceed $3,000,000, in accordance
with Section 
53-2a-604
, to fund costs to the state of emergency disaster services in response to
a declared disaster if the division:
(A) before making the expenditure or commitment to expend, obtains approval for the
expenditure or commitment to expend from the governor;
(B) subject to Subsection (5), provides written notice of the expenditure or
commitment to expend to the speaker of the House of Representatives, the president of the
Senate, the Division of Finance, the Executive Offices and Criminal Justice Appropriations
Subcommittee, the Legislative Management Committee, and the Office of the Legislative
Fiscal Analyst no later than 72 hours after making the expenditure or commitment to expend;
and
(C) makes the report required by Subsection 
53-2a-606
(2);
(iii) subject to Section 
53-2a-606
, in any fiscal year the division may expend or commit
to expend an amount that exceeds $3,000,000, but does not exceed $5,000,000, in accordance
with Section 
53-2a-604
, to fund costs to the state of emergency disaster services in response to
a declared disaster if, before making the expenditure or commitment to expend, the division:
(A) obtains approval for the expenditure or commitment to expend from the governor;
and
(B) submits the expenditure or commitment to expend to the Executive Appropriations
Committee in accordance with Subsection 
53-2a-606
(3); and
(iv) in any fiscal year the division may expend or commit to expend an amount that
does not exceed $150,000 to fund expenses incurred by the National Guard if:
(A) in accordance with Section [
39-1-5
] 
39A-3-103
, the governor orders into active
service the National Guard in response to a declared disaster; and
(B) the money is not used for expenses that qualify for payment as emergency disaster
services;
(b) money not described in Subsections (2)(a)(i), (ii), and (iii) may be expended or
committed to be expended to fund costs to the state directly related to a declared disaster that
are not costs related to:
(i) emergency disaster services;
(ii) emergency preparedness; or
(iii) notwithstanding whether a county participates in the Wildland Fire Suppression
Fund created in Section 
65A-8-204
, any fire suppression or presuppression costs that may be
paid for from the Wildland Fire Suppression Fund if the county participates in the Wildland
Fire Suppression Fund;
(c) to fund the Local Government Emergency Response Loan Fund created in Section
53-2a-607
;
(d) the division may provide advanced funding from the disaster recovery account to
recognized agents of the state when:
(i) Utah has agreed, through the division, to enact the Emergency Management
Assistance Compact with another member state that has requested assistance during a declared
disaster;
(ii) Utah agrees to provide resources to the requesting member state;
(iii) the agent of the state who represents the requested resource has no other funding
source available at the time of the Emergency Management Assistance Compact request; and
(iv) the disaster recovery account has a balance of funds available to be utilized while
maintaining a minimum balance of $10,000,000;
(e) the division may expend up to $3,200,000 during fiscal year 2019 to fund
operational costs incurred by the division during fiscal year 2019; and
(f) to fund up to $500,000 for the governor's emergency appropriations described in
Subsection 
63J-1-217
(4).
(3) All funding provided in advance to an agent of the state and subsequently
reimbursed shall be credited to the account.
(4) The state treasurer shall invest money in the disaster recovery account according to
Title 51, Chapter 7, State Money Management Act.
(5) (a) Except as provided in Subsections (1) and (2), the money in the disaster
recovery account may not be diverted, appropriated, expended, or committed to be expended
for a purpose that is not listed in this section.
(b) Notwithstanding Section 
63J-1-410
, the Legislature may not appropriate money
from the disaster recovery account to eliminate or otherwise reduce an operating deficit if the
money appropriated from the disaster recovery account is expended or committed to be
expended for a purpose other than one listed in this section.
(c) The Legislature may not amend the purposes for which money in the disaster
recovery account may be expended or committed to be expended except by the affirmative vote
of two-thirds of all the members elected to each house.
(6) The division:
(a) shall provide the notice required by Subsection (2)(a)(ii) using the best available
method under the circumstances as determined by the division; and
(b) may provide the notice required by Subsection (2)(a)(ii) in electronic format.
Section 130. Section 
59-12-104
 is amended to read:
59-12-104.
Exemptions.
Exemptions from the taxes imposed by this chapter are as follows:
(1) sales of aviation fuel, motor fuel, and special fuel subject to a Utah state excise tax
under Chapter 13, Motor and Special Fuel Tax Act;
(2) subject to Section 
59-12-104.6
, sales to the state, its institutions, and its political
subdivisions; however, this exemption does not apply to sales of:
(a) construction materials except:
(i) construction materials purchased by or on behalf of institutions of the public
education system as defined in Utah Constitution, Article X, Section 2, provided the
construction materials are clearly identified and segregated and installed or converted to real
property which is owned by institutions of the public education system; and
(ii) construction materials purchased by the state, its institutions, or its political
subdivisions which are installed or converted to real property by employees of the state, its
institutions, or its political subdivisions; or
(b) tangible personal property in connection with the construction, operation,
maintenance, repair, or replacement of a project, as defined in Section 
11-13-103
, or facilities
providing additional project capacity, as defined in Section 
11-13-103
;
(3) (a) sales of an item described in Subsection (3)(b) from a vending machine if:
(i) the proceeds of each sale do not exceed $1; and
(ii) the seller or operator of the vending machine reports an amount equal to 150% of
the cost of the item described in Subsection (3)(b) as goods consumed; and
(b) Subsection (3)(a) applies to:
(i) food and food ingredients; or
(ii) prepared food;
(4) (a) sales of the following to a commercial airline carrier for in-flight consumption:
(i) alcoholic beverages;
(ii) food and food ingredients; or
(iii) prepared food;
(b) sales of tangible personal property or a product transferred electronically:
(i) to a passenger;
(ii) by a commercial airline carrier; and
(iii) during a flight for in-flight consumption or in-flight use by the passenger; or
(c) services related to Subsection (4)(a) or (b);
(5) sales of parts and equipment for installation in an aircraft operated by a common
carrier in interstate or foreign commerce;
(6) sales of commercials, motion picture films, prerecorded audio program tapes or
records, and prerecorded video tapes by a producer, distributor, or studio to a motion picture
exhibitor, distributor, or commercial television or radio broadcaster;
(7) (a) except as provided in Subsection (85) and subject to Subsection (7)(b), sales of
cleaning or washing of tangible personal property if the cleaning or washing of the tangible
personal property is not assisted cleaning or washing of tangible personal property;
(b) if a seller that sells at the same business location assisted cleaning or washing of
tangible personal property and cleaning or washing of tangible personal property that is not
assisted cleaning or washing of tangible personal property, the exemption described in
Subsection (7)(a) applies if the seller separately accounts for the sales of the assisted cleaning
or washing of the tangible personal property; and
(c) for purposes of Subsection (7)(b) and in accordance with Title 63G, Chapter 3,
Utah Administrative Rulemaking Act, the commission may make rules:
(i) governing the circumstances under which sales are at the same business location;
and
(ii) establishing the procedures and requirements for a seller to separately account for
sales of assisted cleaning or washing of tangible personal property;
(8) sales made to or by religious or charitable institutions in the conduct of their regular
religious or charitable functions and activities, if the requirements of Section 
59-12-104.1
 are
fulfilled;
(9) sales of a vehicle of a type required to be registered under the motor vehicle laws of
this state if the vehicle is:
(a) not registered in this state; and
(b) (i) not used in this state; or
(ii) used in this state:
(A) if the vehicle is not used to conduct business, for a time period that does not
exceed the longer of:
(I) 30 days in any calendar year; or
(II) the time period necessary to transport the vehicle to the borders of this state; or
(B) if the vehicle is used to conduct business, for the time period necessary to transport
the vehicle to the borders of this state;
(10) (a) amounts paid for an item described in Subsection (10)(b) if:
(i) the item is intended for human use; and
(ii) (A) a prescription was issued for the item; or
(B) the item was purchased by a hospital or other medical facility; and
(b) (i) Subsection (10)(a) applies to:
(A) a drug;
(B) a syringe; or
(C) a stoma supply; and
(ii) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
commission may by rule define the terms:
(A) "syringe"; or
(B) "stoma supply";
(11) purchases or leases exempt under Section 
19-12-201
;
(12) (a) sales of an item described in Subsection (12)(c) served by:
(i) the following if the item described in Subsection (12)(c) is not available to the
general public:
(A) a church; or
(B) a charitable institution; or
(ii) an institution of higher education if:
(A) the item described in Subsection (12)(c) is not available to the general public; or
(B) the item described in Subsection (12)(c) is prepaid as part of a student meal plan
offered by the institution of higher education; or
(b) sales of an item described in Subsection (12)(c) provided for a patient by:
(i) a medical facility; or
(ii) a nursing facility; and
(c) Subsections (12)(a) and (b) apply to:
(i) food and food ingredients;
(ii) prepared food; or
(iii) alcoholic beverages;
(13) (a) except as provided in Subsection (13)(b), the sale of tangible personal property
or a product transferred electronically by a person:
(i) regardless of the number of transactions involving the sale of that tangible personal
property or product transferred electronically by that person; and
(ii) not regularly engaged in the business of selling that type of tangible personal
property or product transferred electronically;
(b) this Subsection (13) does not apply if:
(i) the sale is one of a series of sales of a character to indicate that the person is
regularly engaged in the business of selling that type of tangible personal property or product
transferred electronically;
(ii) the person holds that person out as regularly engaged in the business of selling that
type of tangible personal property or product transferred electronically;
(iii) the person sells an item of tangible personal property or product transferred
electronically that the person purchased as a sale that is exempt under Subsection (25); or
(iv) the sale is of a vehicle or vessel required to be titled or registered under the laws of
this state in which case the tax is based upon:
(A) the bill of sale or other written evidence of value of the vehicle or vessel being
sold; or
(B) in the absence of a bill of sale or other written evidence of value, the fair market
value of the vehicle or vessel being sold at the time of the sale as determined by the
commission; and
(c) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
commission shall make rules establishing the circumstances under which:
(i) a person is regularly engaged in the business of selling a type of tangible personal
property or product transferred electronically;
(ii) a sale of tangible personal property or a product transferred electronically is one of
a series of sales of a character to indicate that a person is regularly engaged in the business of
selling that type of tangible personal property or product transferred electronically; or
(iii) a person holds that person out as regularly engaged in the business of selling a type
of tangible personal property or product transferred electronically;
(14) amounts paid or charged for a purchase or lease of machinery, equipment, normal
operating repair or replacement parts, or materials, except for office equipment or office
supplies, by:
(a) a manufacturing facility that:
(i) is located in the state; and
(ii) uses or consumes the machinery, equipment, normal operating repair or
replacement parts, or materials:
(A) in the manufacturing process to manufacture an item sold as tangible personal
property, as the commission may define that phrase in accordance with Title 63G, Chapter 3,
Utah Administrative Rulemaking Act; or
(B) for a scrap recycler, to process an item sold as tangible personal property, as the
commission may define that phrase in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act;
(b) an establishment, as the commission defines that term in accordance with Title
63G, Chapter 3, Utah Administrative Rulemaking Act, that:
(i) is described in NAICS Subsector 212, Mining (except Oil and Gas), or NAICS
Code 213113, Support Activities for Coal Mining, 213114, Support Activities for Metal
Mining, or 213115, Support Activities for Nonmetallic Minerals (except Fuels) Mining, of the
2002 North American Industry Classification System of the federal Executive Office of the
President, Office of Management and Budget;
(ii) is located in the state; and
(iii) uses or consumes the machinery, equipment, normal operating repair or
replacement parts, or materials in:
(A) the production process to produce an item sold as tangible personal property, as the
commission may define that phrase in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act;
(B) research and development, as the commission may define that phrase in accordance
with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
(C) transporting, storing, or managing tailings, overburden, or similar waste materials
produced from mining;
(D) developing or maintaining a road, tunnel, excavation, or similar feature used in
mining; or
(E) preventing, controlling, or reducing dust or other pollutants from mining; or
(c) an establishment, as the commission defines that term in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act, that:
(i) is described in NAICS Code 518112, Web Search Portals, of the 2002 North
American Industry Classification System of the federal Executive Office of the President,
Office of Management and Budget;
(ii) is located in the state; and
(iii) uses or consumes the machinery, equipment, normal operating repair or
replacement parts, or materials in the operation of the web search portal;
(15) (a) sales of the following if the requirements of Subsection (15)(b) are met:
(i) tooling;
(ii) special tooling;
(iii) support equipment;
(iv) special test equipment; or
(v) parts used in the repairs or renovations of tooling or equipment described in
Subsections (15)(a)(i) through (iv); and
(b) sales of tooling, equipment, or parts described in Subsection (15)(a) are exempt if:
(i) the tooling, equipment, or parts are used or consumed exclusively in the
performance of any aerospace or electronics industry contract with the United States
government or any subcontract under that contract; and
(ii) under the terms of the contract or subcontract described in Subsection (15)(b)(i),
title to the tooling, equipment, or parts is vested in the United States government as evidenced
by:
(A) a government identification tag placed on the tooling, equipment, or parts; or
(B) listing on a government-approved property record if placing a government
identification tag on the tooling, equipment, or parts is impractical;
(16) sales of newspapers or newspaper subscriptions;
(17) (a) except as provided in Subsection (17)(b), tangible personal property or a
product transferred electronically traded in as full or part payment of the purchase price, except
that for purposes of calculating sales or use tax upon vehicles not sold by a vehicle dealer,
trade-ins are limited to other vehicles only, and the tax is based upon:
(i) the bill of sale or other written evidence of value of the vehicle being sold and the
vehicle being traded in; or
(ii) in the absence of a bill of sale or other written evidence of value, the then existing
fair market value of the vehicle being sold and the vehicle being traded in, as determined by the
commission; and
(b) Subsection (17)(a) does not apply to the following items of tangible personal
property or products transferred electronically traded in as full or part payment of the purchase
price:
(i) money;
(ii) electricity;
(iii) water;
(iv) gas; or
(v) steam;
(18) (a) (i) except as provided in Subsection (18)(b), sales of tangible personal property
or a product transferred electronically used or consumed primarily and directly in farming
operations, regardless of whether the tangible personal property or product transferred
electronically:
(A) becomes part of real estate; or
(B) is installed by a farmer, contractor, or subcontractor; or
(ii) sales of parts used in the repairs or renovations of tangible personal property or a
product transferred electronically if the tangible personal property or product transferred
electronically is exempt under Subsection (18)(a)(i); and
(b) amounts paid or charged for the following are subject to the taxes imposed by this
chapter:
(i) (A) subject to Subsection (18)(b)(i)(B), machinery, equipment, materials, or
supplies if used in a manner that is incidental to farming; and
(B) tangible personal property that is considered to be used in a manner that is
incidental to farming includes:
(I) hand tools; or
(II) maintenance and janitorial equipment and supplies;
(ii) (A) subject to Subsection (18)(b)(ii)(B), tangible personal property or a product
transferred electronically if the tangible personal property or product transferred electronically
is used in an activity other than farming; and
(B) tangible personal property or a product transferred electronically that is considered
to be used in an activity other than farming includes:
(I) office equipment and supplies; or
(II) equipment and supplies used in:
(Aa) the sale or distribution of farm products;
(Bb) research; or
(Cc) transportation; or
(iii) a vehicle required to be registered by the laws of this state during the period
ending two years after the date of the vehicle's purchase;
(19) sales of hay;
(20) exclusive sale during the harvest season of seasonal crops, seedling plants, or
garden, farm, or other agricultural produce if the seasonal crops are, seedling plants are, or
garden, farm, or other agricultural produce is sold by:
(a) the producer of the seasonal crops, seedling plants, or garden, farm, or other
agricultural produce;
(b) an employee of the producer described in Subsection (20)(a); or
(c) a member of the immediate family of the producer described in Subsection (20)(a);
(21) purchases made using a coupon as defined in 7 U.S.C. Sec. 2012 that is issued
under the Food Stamp Program, 7 U.S.C. Sec. 2011 et seq.;
(22) sales of nonreturnable containers, nonreturnable labels, nonreturnable bags,
nonreturnable shipping cases, and nonreturnable casings to a manufacturer, processor,
wholesaler, or retailer for use in packaging tangible personal property to be sold by that
manufacturer, processor, wholesaler, or retailer;
(23) a product stored in the state for resale;
(24) (a) purchases of a product if:
(i) the product is:
(A) purchased outside of this state;
(B) brought into this state:
(I) at any time after the purchase described in Subsection (24)(a)(i)(A); and
(II) by a nonresident person who is not living or working in this state at the time of the
purchase;
(C) used for the personal use or enjoyment of the nonresident person described in
Subsection (24)(a)(i)(B)(II) while that nonresident person is within the state; and
(D) not used in conducting business in this state; and
(ii) for:
(A) a product other than a boat described in Subsection (24)(a)(ii)(B), the first use of
the product for a purpose for which the product is designed occurs outside of this state;
(B) a boat, the boat is registered outside of this state; or
(C) a vehicle other than a vehicle sold to an authorized carrier, the vehicle is registered
outside of this state;
(b) the exemption provided for in Subsection (24)(a) does not apply to:
(i) a lease or rental of a product; or
(ii) a sale of a vehicle exempt under Subsection (33); and
(c) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for
purposes of Subsection (24)(a), the commission may by rule define what constitutes the
following:
(i) conducting business in this state if that phrase has the same meaning in this
Subsection (24) as in Subsection (63);
(ii) the first use of a product if that phrase has the same meaning in this Subsection (24)
as in Subsection (63); or
(iii) a purpose for which a product is designed if that phrase has the same meaning in
this Subsection (24) as in Subsection (63);
(25) a product purchased for resale in the regular course of business, either in its
original form or as an ingredient or component part of a manufactured or compounded product;
(26) a product upon which a sales or use tax was paid to some other state, or one of its
subdivisions, except that the state shall be paid any difference between the tax paid and the tax
imposed by this part and Part 2, Local Sales and Use Tax Act, and no adjustment is allowed if
the tax paid was greater than the tax imposed by this part and Part 2, Local Sales and Use Tax
Act;
(27) any sale of a service described in Subsections 
59-12-103
(1)(b), (c), and (d) to a
person for use in compounding a service taxable under the subsections;
(28) purchases made in accordance with the special supplemental nutrition program for
women, infants, and children established in 42 U.S.C. Sec. 1786;
(29) sales or leases of rolls, rollers, refractory brick, electric motors, or other
replacement parts used in the furnaces, mills, or ovens of a steel mill described in SIC Code
3312 of the 1987 Standard Industrial Classification Manual of the federal Executive Office of
the President, Office of Management and Budget;
(30) sales of a boat of a type required to be registered under Title 73, Chapter 18, State
Boating Act, a boat trailer, or an outboard motor if the boat, boat trailer, or outboard motor is:
(a) not registered in this state; and
(b) (i) not used in this state; or
(ii) used in this state:
(A) if the boat, boat trailer, or outboard motor is not used to conduct business, for a
time period that does not exceed the longer of:
(I) 30 days in any calendar year; or
(II) the time period necessary to transport the boat, boat trailer, or outboard motor to
the borders of this state; or
(B) if the boat, boat trailer, or outboard motor is used to conduct business, for the time
period necessary to transport the boat, boat trailer, or outboard motor to the borders of this
state;
(31) sales of aircraft manufactured in Utah;
(32) amounts paid for the purchase of telecommunications service for purposes of
providing telecommunications service;
(33) sales, leases, or uses of the following:
(a) a vehicle by an authorized carrier; or
(b) tangible personal property that is installed on a vehicle:
(i) sold or leased to or used by an authorized carrier; and
(ii) before the vehicle is placed in service for the first time;
(34) (a) 45% of the sales price of any new manufactured home; and
(b) 100% of the sales price of any used manufactured home;
(35) sales relating to schools and fundraising sales;
(36) sales or rentals of durable medical equipment if:
(a) a person presents a prescription for the durable medical equipment; and
(b) the durable medical equipment is used for home use only;
(37) (a) sales to a ski resort of electricity to operate a passenger ropeway as defined in
Section 
72-11-102
; and
(b) the commission shall by rule determine the method for calculating sales exempt
under Subsection (37)(a) that are not separately metered and accounted for in utility billings;
(38) sales to a ski resort of:
(a) snowmaking equipment;
(b) ski slope grooming equipment;
(c) passenger ropeways as defined in Section 
72-11-102
; or
(d) parts used in the repairs or renovations of equipment or passenger ropeways
described in Subsections (38)(a) through (c);
(39) subject to Subsection 
59-12-103
(2)(j), sales of natural gas, electricity, heat, coal,
fuel oil, or other fuels for industrial use;
(40) (a) subject to Subsection (40)(b), sales or rentals of the right to use or operate for
amusement, entertainment, or recreation an unassisted amusement device as defined in Section
59-12-102
;
(b) if a seller that sells or rents at the same business location the right to use or operate
for amusement, entertainment, or recreation one or more unassisted amusement devices and
one or more assisted amusement devices, the exemption described in Subsection (40)(a)
applies if the seller separately accounts for the sales or rentals of the right to use or operate for
amusement, entertainment, or recreation for the assisted amusement devices; and
(c) for purposes of Subsection (40)(b) and in accordance with Title 63G, Chapter 3,
Utah Administrative Rulemaking Act, the commission may make rules:
(i) governing the circumstances under which sales are at the same business location;
and
(ii) establishing the procedures and requirements for a seller to separately account for
the sales or rentals of the right to use or operate for amusement, entertainment, or recreation for
assisted amusement devices;
(41) (a) sales of photocopies by:
(i) a governmental entity; or
(ii) an entity within the state system of public education, including:
(A) a school; or
(B) the State Board of Education; or
(b) sales of publications by a governmental entity;
(42) amounts paid for admission to an athletic event at an institution of higher
education that is subject to the provisions of Title IX of the Education Amendments of 1972,
20 U.S.C. Sec. 1681 et seq.;
(43) (a) sales made to or by:
(i) an area agency on aging; or
(ii) a senior citizen center owned by a county, city, or town; or
(b) sales made by a senior citizen center that contracts with an area agency on aging;
(44) sales or leases of semiconductor fabricating, processing, research, or development
materials regardless of whether the semiconductor fabricating, processing, research, or
development materials:
(a) actually come into contact with a semiconductor; or
(b) ultimately become incorporated into real property;
(45) an amount paid by or charged to a purchaser for accommodations and services
described in Subsection 
59-12-103
(1)(i) to the extent the amount is exempt under Section
59-12-104.2
;
(46) the lease or use of a vehicle issued a temporary sports event registration certificate
in accordance with Section 
41-3-306
 for the event period specified on the temporary sports
event registration certificate;
(47) (a) sales or uses of electricity, if the sales or uses are made under a retail tariff
adopted by the Public Service Commission only for purchase of electricity produced from a
new alternative energy source built after January 1, 2016, as designated in the tariff by the
Public Service Commission; and
(b) for a residential use customer only, the exemption under Subsection (47)(a) applies
only to the portion of the tariff rate a customer pays under the tariff described in Subsection
(47)(a) that exceeds the tariff rate under the tariff described in Subsection (47)(a) that the
customer would have paid absent the tariff;
(48) sales or rentals of mobility enhancing equipment if a person presents a
prescription for the mobility enhancing equipment;
(49) sales of water in a:
(a) pipe;
(b) conduit;
(c) ditch; or
(d) reservoir;
(50) sales of currency or coins that constitute legal tender of a state, the United States,
or a foreign nation;
(51) (a) sales of an item described in Subsection (51)(b) if the item:
(i) does not constitute legal tender of a state, the United States, or a foreign nation; and
(ii) has a gold, silver, or platinum content of 50% or more; and
(b) Subsection (51)(a) applies to a gold, silver, or platinum:
(i) ingot;
(ii) bar;
(iii) medallion; or
(iv) decorative coin;
(52) amounts paid on a sale-leaseback transaction;
(53) sales of a prosthetic device:
(a) for use on or in a human; and
(b) (i) for which a prescription is required; or
(ii) if the prosthetic device is purchased by a hospital or other medical facility;
(54) (a) except as provided in Subsection (54)(b), purchases, leases, or rentals of
machinery or equipment by an establishment described in Subsection (54)(c) if the machinery
or equipment is primarily used in the production or postproduction of the following media for
commercial distribution:
(i) a motion picture;
(ii) a television program;
(iii) a movie made for television;
(iv) a music video;
(v) a commercial;
(vi) a documentary; or
(vii) a medium similar to Subsections (54)(a)(i) through (vi) as determined by the
commission by administrative rule made in accordance with Subsection (54)(d); or
(b) purchases, leases, or rentals of machinery or equipment by an establishment
described in Subsection (54)(c) that is used for the production or postproduction of the
following are subject to the taxes imposed by this chapter:
(i) a live musical performance;
(ii) a live news program; or
(iii) a live sporting event;
(c) the following establishments listed in the 1997 North American Industry
Classification System of the federal Executive Office of the President, Office of Management
and Budget, apply to Subsections (54)(a) and (b):
(i) NAICS Code 512110; or
(ii) NAICS Code 51219; and
(d) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
commission may by rule:
(i) prescribe what constitutes a medium similar to Subsections (54)(a)(i) through (vi);
or
(ii) define:
(A) "commercial distribution";
(B) "live musical performance";
(C) "live news program"; or
(D) "live sporting event";
(55) (a) leases of seven or more years or purchases made on or after July 1, 2004, but
on or before June 30, 2027, of tangible personal property that:
(i) is leased or purchased for or by a facility that:
(A) is an alternative energy electricity production facility;
(B) is located in the state; and
(C) (I) becomes operational on or after July 1, 2004; or
(II) has its generation capacity increased by one or more megawatts on or after July 1,
2004, as a result of the use of the tangible personal property;
(ii) has an economic life of five or more years; and
(iii) is used to make the facility or the increase in capacity of the facility described in
Subsection (55)(a)(i) operational up to the point of interconnection with an existing
transmission grid including:
(A) a wind turbine;
(B) generating equipment;
(C) a control and monitoring system;
(D) a power line;
(E) substation equipment;
(F) lighting;
(G) fencing;
(H) pipes; or
(I) other equipment used for locating a power line or pole; and
(b) this Subsection (55) does not apply to:
(i) tangible personal property used in construction of:
(A) a new alternative energy electricity production facility; or
(B) the increase in the capacity of an alternative energy electricity production facility;
(ii) contracted services required for construction and routine maintenance activities;
and
(iii) unless the tangible personal property is used or acquired for an increase in capacity
of the facility described in Subsection (55)(a)(i)(C)(II), tangible personal property used or
acquired after:
(A) the alternative energy electricity production facility described in Subsection
(55)(a)(i) is operational as described in Subsection (55)(a)(iii); or
(B) the increased capacity described in Subsection (55)(a)(i) is operational as described
in Subsection (55)(a)(iii);
(56) (a) leases of seven or more years or purchases made on or after July 1, 2004, but
on or before June 30, 2027, of tangible personal property that:
(i) is leased or purchased for or by a facility that:
(A) is a waste energy production facility;
(B) is located in the state; and
(C) (I) becomes operational on or after July 1, 2004; or
(II) has its generation capacity increased by one or more megawatts on or after July 1,
2004, as a result of the use of the tangible personal property;
(ii) has an economic life of five or more years; and
(iii) is used to make the facility or the increase in capacity of the facility described in
Subsection (56)(a)(i) operational up to the point of interconnection with an existing
transmission grid including:
(A) generating equipment;
(B) a control and monitoring system;
(C) a power line;
(D) substation equipment;
(E) lighting;
(F) fencing;
(G) pipes; or
(H) other equipment used for locating a power line or pole; and
(b) this Subsection (56) does not apply to:
(i) tangible personal property used in construction of:
(A) a new waste energy facility; or
(B) the increase in the capacity of a waste energy facility;
(ii) contracted services required for construction and routine maintenance activities;
and
(iii) unless the tangible personal property is used or acquired for an increase in capacity
described in Subsection (56)(a)(i)(C)(II), tangible personal property used or acquired after:
(A) the waste energy facility described in Subsection (56)(a)(i) is operational as
described in Subsection (56)(a)(iii); or
(B) the increased capacity described in Subsection (56)(a)(i) is operational as described
in Subsection (56)(a)(iii);
(57) (a) leases of five or more years or purchases made on or after July 1, 2004, but on
or before June 30, 2027, of tangible personal property that:
(i) is leased or purchased for or by a facility that:
(A) is located in the state;
(B) produces fuel from alternative energy, including:
(I) methanol; or
(II) ethanol; and
(C) (I) becomes operational on or after July 1, 2004; or
(II) has its capacity to produce fuel increase by 25% or more on or after July 1, 2004, as
a result of the installation of the tangible personal property;
(ii) has an economic life of five or more years; and
(iii) is installed on the facility described in Subsection (57)(a)(i);
(b) this Subsection (57) does not apply to:
(i) tangible personal property used in construction of:
(A) a new facility described in Subsection (57)(a)(i); or
(B) the increase in capacity of the facility described in Subsection (57)(a)(i); or
(ii) contracted services required for construction and routine maintenance activities;
and
(iii) unless the tangible personal property is used or acquired for an increase in capacity
described in Subsection (57)(a)(i)(C)(II), tangible personal property used or acquired after:
(A) the facility described in Subsection (57)(a)(i) is operational; or
(B) the increased capacity described in Subsection (57)(a)(i) is operational;
(58) (a) subject to Subsection (58)(b), sales of tangible personal property or a product
transferred electronically to a person within this state if that tangible personal property or
product transferred electronically is subsequently shipped outside the state and incorporated
pursuant to contract into and becomes a part of real property located outside of this state; and
(b) the exemption under Subsection (58)(a) is not allowed to the extent that the other
state or political entity to which the tangible personal property is shipped imposes a sales, use,
gross receipts, or other similar transaction excise tax on the transaction against which the other
state or political entity allows a credit for sales and use taxes imposed by this chapter;
(59) purchases:
(a) of one or more of the following items in printed or electronic format:
(i) a list containing information that includes one or more:
(A) names; or
(B) addresses; or
(ii) a database containing information that includes one or more:
(A) names; or
(B) addresses; and
(b) used to send direct mail;
(60) redemptions or repurchases of a product by a person if that product was:
(a) delivered to a pawnbroker as part of a pawn transaction; and
(b) redeemed or repurchased within the time period established in a written agreement
between the person and the pawnbroker for redeeming or repurchasing the product;
(61) (a) purchases or leases of an item described in Subsection (61)(b) if the item:
(i) is purchased or leased by, or on behalf of, a telecommunications service provider;
and
(ii) has a useful economic life of one or more years; and
(b) the following apply to Subsection (61)(a):
(i) telecommunications enabling or facilitating equipment, machinery, or software;
(ii) telecommunications equipment, machinery, or software required for 911 service;
(iii) telecommunications maintenance or repair equipment, machinery, or software;
(iv) telecommunications switching or routing equipment, machinery, or software; or
(v) telecommunications transmission equipment, machinery, or software;
(62) (a) beginning on July 1, 2006, and ending on June 30, 2027, purchases of tangible
personal property or a product transferred electronically that are used in the research and
development of alternative energy technology; and
(b) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
commission may, for purposes of Subsection (62)(a), make rules defining what constitutes
purchases of tangible personal property or a product transferred electronically that are used in
the research and development of alternative energy technology;
(63) (a) purchases of tangible personal property or a product transferred electronically
if:
(i) the tangible personal property or product transferred electronically is:
(A) purchased outside of this state;
(B) brought into this state at any time after the purchase described in Subsection
(63)(a)(i)(A); and
(C) used in conducting business in this state; and
(ii) for:
(A) tangible personal property or a product transferred electronically other than the
tangible personal property described in Subsection (63)(a)(ii)(B), the first use of the property
for a purpose for which the property is designed occurs outside of this state; or
(B) a vehicle other than a vehicle sold to an authorized carrier, the vehicle is registered
outside of this state and not required to be registered in this state under Section 
41-1a-202
 or
73-18-9
 based on residency;
(b) the exemption provided for in Subsection (63)(a) does not apply to:
(i) a lease or rental of tangible personal property or a product transferred electronically;
or
(ii) a sale of a vehicle exempt under Subsection (33); and
(c) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for
purposes of Subsection (63)(a), the commission may by rule define what constitutes the
following:
(i) conducting business in this state if that phrase has the same meaning in this
Subsection (63) as in Subsection (24);
(ii) the first use of tangible personal property or a product transferred electronically if
that phrase has the same meaning in this Subsection (63) as in Subsection (24); or
(iii) a purpose for which tangible personal property or a product transferred
electronically is designed if that phrase has the same meaning in this Subsection (63) as in
Subsection (24);
(64) sales of disposable home medical equipment or supplies if:
(a) a person presents a prescription for the disposable home medical equipment or
supplies;
(b) the disposable home medical equipment or supplies are used exclusively by the
person to whom the prescription described in Subsection (64)(a) is issued; and
(c) the disposable home medical equipment and supplies are listed as eligible for
payment under:
(i) Title XVIII, federal Social Security Act; or
(ii) the state plan for medical assistance under Title XIX, federal Social Security Act;
(65) sales:
(a) to a public transit district under Title 17B, Chapter 2a, Part 8, Public Transit
District Act; or
(b) of tangible personal property to a subcontractor of a public transit district, if the
tangible personal property is:
(i) clearly identified; and
(ii) installed or converted to real property owned by the public transit district;
(66) sales of construction materials:
(a) purchased on or after July 1, 2010;
(b) purchased by, on behalf of, or for the benefit of an international airport:
(i) located within a county of the first class; and
(ii) that has a United States customs office on its premises; and
(c) if the construction materials are:
(i) clearly identified;
(ii) segregated; and
(iii) installed or converted to real property:
(A) owned or operated by the international airport described in Subsection (66)(b); and
(B) located at the international airport described in Subsection (66)(b);
(67) sales of construction materials:
(a) purchased on or after July 1, 2008;
(b) purchased by, on behalf of, or for the benefit of a new airport:
(i) located within a county of the second class; and
(ii) that is owned or operated by a city in which an airline as defined in Section
59-2-102
 is headquartered; and
(c) if the construction materials are:
(i) clearly identified;
(ii) segregated; and
(iii) installed or converted to real property:
(A) owned or operated by the new airport described in Subsection (67)(b);
(B) located at the new airport described in Subsection (67)(b); and
(C) as part of the construction of the new airport described in Subsection (67)(b);
(68) except for the tax imposed by Subsection 
59-12-103
(2)(d), sales of fuel to a
common carrier that is a railroad for use in a locomotive engine;
(69) purchases and sales described in Section 
63H-4-111
;
(70) (a) sales of tangible personal property to an aircraft maintenance, repair, and
overhaul provider for use in the maintenance, repair, overhaul, or refurbishment in this state of
a fixed wing turbine powered aircraft if that fixed wing turbine powered aircraft's registration
lists a state or country other than this state as the location of registry of the fixed wing turbine
powered aircraft; or
(b) sales of tangible personal property by an aircraft maintenance, repair, and overhaul
provider in connection with the maintenance, repair, overhaul, or refurbishment in this state of
a fixed wing turbine powered aircraft if that fixed wing turbine powered aircraft's registration
lists a state or country other than this state as the location of registry of the fixed wing turbine
powered aircraft;
(71) subject to Section 
59-12-104.4
, sales of a textbook for a higher education course:
(a) to a person admitted to an institution of higher education; and
(b) by a seller, other than a bookstore owned by an institution of higher education, if
51% or more of that seller's sales revenue for the previous calendar quarter are sales of a
textbook for a higher education course;
(72) a license fee or tax a municipality imposes in accordance with Subsection
10-1-203
(5) on a purchaser from a business for which the municipality provides an enhanced
level of municipal services;
(73) amounts paid or charged for construction materials used in the construction of a
new or expanding life science research and development facility in the state, if the construction
materials are:
(a) clearly identified;
(b) segregated; and
(c) installed or converted to real property;
(74) amounts paid or charged for:
(a) a purchase or lease of machinery and equipment that:
(i) are used in performing qualified research:
(A) as defined in Section 41(d), Internal Revenue Code; and
(B) in the state; and
(ii) have an economic life of three or more years; and
(b) normal operating repair or replacement parts:
(i) for the machinery and equipment described in Subsection (74)(a); and
(ii) that have an economic life of three or more years;
(75) a sale or lease of tangible personal property used in the preparation of prepared
food if:
(a) for a sale:
(i) the ownership of the seller and the ownership of the purchaser are identical; and
(ii) the seller or the purchaser paid a tax under this chapter on the purchase of that
tangible personal property prior to making the sale; or
(b) for a lease:
(i) the ownership of the lessor and the ownership of the lessee are identical; and
(ii) the lessor or the lessee paid a tax under this chapter on the purchase of that tangible
personal property prior to making the lease;
(76) (a) purchases of machinery or equipment if:
(i) the purchaser is an establishment described in NAICS Subsector 713, Amusement,
Gambling, and Recreation Industries, of the 2012 North American Industry Classification
System of the federal Executive Office of the President, Office of Management and Budget;
(ii) the machinery or equipment:
(A) has an economic life of three or more years; and
(B) is used by one or more persons who pay admission or user fees described in
Subsection 
59-12-103
(1)(f) to the purchaser of the machinery and equipment; and
(iii) 51% or more of the purchaser's sales revenue for the previous calendar quarter is:
(A) amounts paid or charged as admission or user fees described in Subsection
59-12-103
(1)(f); and
(B) subject to taxation under this chapter; and
(b) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
commission may make rules for verifying that 51% of a purchaser's sales revenue for the
previous calendar quarter is:
(i) amounts paid or charged as admission or user fees described in Subsection
59-12-103
(1)(f); and
(ii) subject to taxation under this chapter;
(77) purchases of a short-term lodging consumable by a business that provides
accommodations and services described in Subsection 
59-12-103
(1)(i);
(78) amounts paid or charged to access a database:
(a) if the primary purpose for accessing the database is to view or retrieve information
from the database; and
(b) not including amounts paid or charged for a:
(i) digital audio work;
(ii) digital audio-visual work; or
(iii) digital book;
(79) amounts paid or charged for a purchase or lease made by an electronic financial
payment service, of:
(a) machinery and equipment that:
(i) are used in the operation of the electronic financial payment service; and
(ii) have an economic life of three or more years; and
(b) normal operating repair or replacement parts that:
(i) are used in the operation of the electronic financial payment service; and
(ii) have an economic life of three or more years;
(80) sales of a fuel cell as defined in Section 
54-15-102
;
(81) amounts paid or charged for a purchase or lease of tangible personal property or a
product transferred electronically if the tangible personal property or product transferred
electronically:
(a) is stored, used, or consumed in the state; and
(b) is temporarily brought into the state from another state:
(i) during a disaster period as defined in Section 
53-2a-1202
;
(ii) by an out-of-state business as defined in Section 
53-2a-1202
;
(iii) for a declared state disaster or emergency as defined in Section 
53-2a-1202
; and
(iv) for disaster- or emergency-related work as defined in Section 
53-2a-1202
;
(82) sales of goods and services at a morale, welfare, and recreation facility, as defined
in Section [
39-9-102
] 
39A-7-102
, made pursuant to [
Title 39, Chapter 9
] 
Title 39A, Chapter 7
,
State Morale, Welfare, and Recreation Program;
(83) amounts paid or charged for a purchase or lease of molten magnesium;
(84) amounts paid or charged for a purchase or lease made by a qualifying data center
or an occupant of a qualifying data center of machinery, equipment, or normal operating repair
or replacement parts, if the machinery, equipment, or normal operating repair or replacement
parts:
(a) are used in:
(i) the operation of the qualifying data center; or
(ii) the occupant's operations in the qualifying data center; and
(b) have an economic life of one or more years;
(85) sales of cleaning or washing of a vehicle, except for cleaning or washing of a
vehicle that includes cleaning or washing of the interior of the vehicle;
(86) amounts paid or charged for a purchase or lease of machinery, equipment, normal
operating repair or replacement parts, catalysts, chemicals, reagents, solutions, or supplies used
or consumed:
(a) by a refiner who owns, leases, operates, controls, or supervises a refinery as defined
in Section 79-6-701 located in the state;
(b) if the machinery, equipment, normal operating repair or replacement parts,
catalysts, chemicals, reagents, solutions, or supplies are used or consumed in:
(i) the production process to produce gasoline or diesel fuel, or at which blendstock is
added to gasoline or diesel fuel;
(ii) research and development;
(iii) transporting, storing, or managing raw materials, work in process, finished
products, and waste materials produced from refining gasoline or diesel fuel, or adding
blendstock to gasoline or diesel fuel;
(iv) developing or maintaining a road, tunnel, excavation, or similar feature used in
refining; or
(v) preventing, controlling, or reducing pollutants from refining; and
(c) if the person holds a valid refiner tax exemption certification as defined in Section
79-6-701
;
(87) amounts paid to or charged by a proprietor for accommodations and services, as
defined in Section 
63H-1-205
, if the proprietor is subject to the MIDA accommodations tax
imposed under Section 
63H-1-205
;
(88) amounts paid or charged for a purchase or lease of machinery, equipment, normal
operating repair or replacement parts, or materials, except for office equipment or office
supplies, by an establishment, as the commission defines that term in accordance with Title
63G, Chapter 3, Utah Administrative Rulemaking Act, that:
(a) is described in NAICS Code 621511, Medical Laboratories, of the 2017 North
American Industry Classification System of the federal Executive Office of the President,
Office of Management and Budget;
(b) is located in this state; and
(c) uses the machinery, equipment, normal operating repair or replacement parts, or
materials in the operation of the establishment; and
(89) amounts paid or charged for an item exempt under Section 
59-12-104.10
.
Section 131. Section 
76-5-102.4
 is amended to read:
76-5-102.4.
Assault against peace officer or a military servicemember in uniform
-- Penalties.
(1) As used in this section:
(a) "Assault" means the same as that term is defined in Section 
76-5-102
.
(b) "Military servicemember in uniform" means:
(i) a member of any branch of the United States military who is wearing a uniform as
authorized by the member's branch of service; or
(ii) a member of the National Guard serving as provided in Section [
39-1-5
 or 
39-1-9
]
39A-3-103
.
(c) "Peace officer" means:
(i) a law enforcement officer certified under Section 
53-13-103
;
(ii) a correctional officer under Section 
53-13-104
;
(iii) a special function officer under Section 
53-13-105
; or
(iv) a federal officer under Section 
53-13-106
.
(d) "Threat of violence" means the same as that term is defined in Section 
76-5-107
.
(2) A person is guilty of a class A misdemeanor, except as provided in Subsections (3)
and (4), who:
(a) commits an assault or threat of violence against a peace officer, with knowledge that
the person is a peace officer, and when the peace officer is acting within the scope of authority
as a peace officer; or
(b) commits an assault or threat of violence against a military servicemember in
uniform when that servicemember is on orders and acting within the scope of authority granted
to the military servicemember in uniform.
(3) A person who violates Subsection (2) is guilty of a third degree felony if the
person:
(a) has been previously convicted of a class A misdemeanor or a felony violation of
this section; or
(b) the person causes substantial bodily injury.
(4) A person who violates Subsection (2) is guilty of a second degree felony if the
person uses:
(a) a dangerous weapon as defined in Section 
76-1-601
; or
(b) other means or force likely to produce death or serious bodily injury.
(5) A person who violates this section shall serve, in jail or another correctional
facility, a minimum of:
(a) 90 consecutive days for a second offense; and
(b) 180 consecutive days for each subsequent offense.
(6) The court may suspend the imposition or execution of the sentence required under
Subsection (5) if the court finds that the interests of justice would be best served by the
suspension and the court makes specific findings concerning the disposition on the record.
(7) This section does not affect or limit any individual's constitutional right to the
lawful expression of free speech, the right of assembly, or any other recognized rights secured
by the Constitution or laws of Utah or by the Constitution or laws of the United States.
Section 132. Section 
78B-20-302
 is amended to read:
78B-20-302.
Proceeding for temporary custody -- Order.
(1) After a deploying parent receives notice of deployment and until the deployment
terminates, a court may issue a temporary order granting custodial responsibility unless
prohibited by Section [
39-7-105
] 
39A-6-105
 and the Servicemembers Civil Relief Act, 50
U.S.C. Appendix Sections 521 and 522. A court may not issue a permanent order granting
custodial responsibility without the consent of the deploying parent.
(2) At any time after a deploying parent receives notice of deployment, either parent
may file a motion regarding custodial responsibility of a child during deployment. The motion
shall be filed in a pending proceeding for custodial responsibility in a court with jurisdiction
under Section 
78B-20-104
 or, if there is no pending proceeding in a court with jurisdiction
under Section 
78B-20-104
, in a new action for granting custodial responsibility during
deployment.
Section 133. Section 
78B-20-311
 is amended to read:
78B-20-311.
Modifying or terminating grant of custodial responsibility to
nonparent.
(1) Except for an order under Section 
78B-20-305
, except as otherwise provided in
Subsection (2), and consistent with Section [
39-7-105
] 
39A-6-105
 and the Servicemembers
Civil Relief Act, 50 U.S.C. Appendix Sections 521 and 522, on motion of a deploying parent,
other parent, or any nonparent to whom caretaking authority, decision-making authority, or
limited contact has been granted, the court may modify or terminate the grant if the
modification or termination is consistent with this part and it is in the best interest of the child. 
A modification is temporary and terminates pursuant to Part 4, Return from Deployment, after
the deploying parent returns from deployment, unless the grant has been terminated before that
time by court order.
(2) On motion of a deploying parent, the court shall terminate a grant of limited
contact.
Section 134. 
Repealer.
This bill repeals:
Section 
39-1-2
,
Militia divided into two parts.
Section 
39-1-4
,
Staff of commander in chief.
Section 
39-1-5
,
Governor may call guard into active service -- Authority.
Section 
39-1-7
,
Muster of unorganized militia.
Section 
39-1-10
,
Unorganized militia in service, how governed.
Section 
39-1-12.5
,
Convening authority for military court.
Section 
39-1-13
,
Adjutant general -- As disbursing and property officer.
Section 
39-1-14
,
Adjutant general -- Drawing vouchers for property damage.
Section 
39-1-15
,
Adjutant general -- Disposition of unserviceable property.
Section 
39-1-16
,
Adjutant general -- Rendering accounts.
Section 
39-1-17
,
Adjutant general -- Custodian of military trophies.
Section 
39-1-18
,
Director of joint staff -- Assistant adjutant general for the army --
Assistant adjutant general for air -- Commander, land component command -- Chief of
staff for air -- Officer for permanent duty as personnel officer.
Section 
39-1-19
,
Clerical assistance.
Section 
39-1-21
,
Adjutant general -- Salary.
Section 
39-1-22
,
Caretakers.
Section 
39-1-24
,
Duties of assistant adjutants general.
Section 
39-1-25
,
Property and fiscal officer of the United States for Utah.
Section 
39-1-26
,
Assistant quartermaster-general.
Section 
39-1-28
,
Loss of property -- Liability.
Section 
39-1-29
,
Organization of National Guard controlled by federal law.
Section 
39-1-30
,
Officers of National Guard -- Commissions.
Section 
39-1-31
,
Commissions to officers -- Relative rank.
Section 
39-1-32
,
National Guard -- Enlistment -- Qualifications -- Discharge.
Section 
39-1-33
,
Noncommissioned officers.
Section 
39-1-34
,
Excuse from drill -- Furloughs and leaves of absence.
Section 
39-1-35
,
State employees in National Guard -- Care of dependents when
called into service.
Section 
39-1-37
,
Military duties.
Section 
39-1-38
,
Regulations and forms.
Section 
39-1-38.5
,
Utah Manual for Military Courts to be issued -- Military court
jurisdiction.
Section 
39-1-39
,
Orders for duty -- How served.
Section 
39-1-41
,
Discharge or dismissal.
Section 
39-1-44
,
Members of military courts exempt from liability.
Section 
39-1-45
,
Jurisdiction presumed.
Section 
39-1-46
,
Arsenal -- Military supplies -- Loss.
Section 
39-1-52
,
Encampments.
Section 
39-1-53
,
Military units not to leave state.
Section 
39-1-54
,
Privilege from arrest or citation -- Exceptions.
Section 
39-1-56
,
Execution of a judgment imposing a fine -- Disposition of fines.
Section 
39-1-58
,
Vacating officer commissions -- Placement of officers in reserves.
Section 
39-1-60
,
Laws and regulations of United States control.
Section 
39-1-62
,
Group life insurance for members of National Guard.
Section 
39-2-7
,
Budget -- Annual legislative approval.
Section 
39-4-2
,
Governor to prescribe rules and regulations.
Section 
39-4-6
,
Forces of another state in fresh pursuit may make arrests.
Section 
39-4-13
,
Short title.
Section 
39-5-1
,
Power of governor to execute.
Section 
39-5-2
,
Form of compact.
Section 
39-5-3
,
Owner of property free from liability for injuries to persons or
property during actual, impending, or mock attack.
Section 
39-6-18
,
Convening military court.
Section 
39-6-21
,
Military court -- Duties of convening authority.
Section 
39-6-36
,
Desertion or absence without leave and other offenses -- Time
limit on trial -- Tolling of time limits.
Section 
39-6-48
,
Cruel and unusual punishments -- Use of irons.
Section 
39-6-57
,
Convening authority -- Approval of findings and sentence.
Section 
39-6-111
,
Action by military court -- Protection from prosecution.
Section 
39-6-112
,
Presumption of military court jurisdiction.
Section 
39-6-113
,
Jurisdiction over offenses.
Section 
39-7-101
,
Short title.
Section 
39-7-103
,
Application of this chapter.
Section 
39-8-101
,
Definitions.
Section 
39-8-102
,
Counseling program.
Section 
39-9-106
,
Risk management.
Section 
39-9-107
,
Equipment rentals and sales of food and beverage.