Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 122 (2025GS)

Sponsor

Rep. Burton, Jefferson S.

Final action

Governor Signed 3/19/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• amends resident student status eligibility for veterans who use veteran benefits to pay for tuition;
• amends how much money the Interstate Commission on Educational Opportunity for Military Children may assess, levy, or collect from Utah legislative appropriations;
• clarifies that the Department of Veterans and Military Affairs:
• is required to provide service benefits to service members, veterans, and the families of service members and veterans; and
• serves as the State Approving Agency for Utah under United States Code, Title 38, Veterans Benefits;
• allows the Department of Veterans and Military Affairs to receive gifts, contributions, and donations to support service members, veterans, and the families of service members and veterans;
• allows the Department of Veterans and Military Affairs to enter into an intergovernmental support agreement with a military installation or entity, including the National Guard, to provide support services to the military installation or entity;
• repeals Title 63M, Chapter 6, Military Base Easements Act, and enacts sections in Title 71A, Veterans and Military Affairs, related to easements; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

74
53B-8-102
53E-3-915
63M-6-101
63M-6-201
63M-6-202
63M-6-203
71A-1-101
71A-1-201
71A-1-202
71A-9-101
71A-9-102
71A-9-301
71A-9-302
71A-9-303
0
Military Affairs Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jefferson S. Burton
Senate Sponsor: Todd Weiler
LONG TITLE
General Description:
This bill makes changes to the code addressing military affairs.
Highlighted Provisions:
This bill:
defines terms;
amends resident student status eligibility for veterans who use veteran benefits to pay for 
tuition;
amends how much money the Interstate Commission on Educational Opportunity for 
Military Children may assess, levy, or collect from Utah legislative appropriations;
clarifies that the Department of Veterans and Military Affairs:
is required to provide service benefits to service members, veterans, and the families 
of service members and veterans; and
serves as the State Approving Agency for Utah under United States Code, Title 38, 
Veterans Benefits;
allows the Department of Veterans and Military Affairs to receive gifts, contributions, 
and donations to support service members, veterans, and the families of service 
members and veterans;
allows the Department of Veterans and Military Affairs to enter into an intergovernmental 
support agreement with a military installation or entity, including the National Guard, to 
provide support services to the military installation or entity;
repeals Title 63M, Chapter 6, Military Base Easements Act, and enacts sections in Title 
71A, Veterans and Military Affairs, related to easements; and
makes technical and conforming changes. 
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53B-8-102
, as last amended by Laws of Utah 2024, Chapters 144, 378 and 481
53E-3-915
, as renumbered and amended by Laws of Utah 2018, Chapter 1
71A-1-101
, as last amended by Laws of Utah 2023, Chapter 16 and renumbered and 
amended by Laws of Utah 2023, Chapter 44
71A-1-201
, as enacted by Laws of Utah 2023, Chapter 44 and last amended by 
Coordination Clause, Laws of Utah 2023, Chapter 154
71A-1-202
, as last amended by Laws of Utah 2024, Chapter 334
ENACTS:
71A-9-101
, Utah Code Annotated 1953
71A-9-102
, Utah Code Annotated 1953
71A-9-301
, Utah Code Annotated 1953
71A-9-302
, Utah Code Annotated 1953
71A-9-303
, Utah Code Annotated 1953
REPEALS:
63M-6-101
, as enacted by Laws of Utah 2008, Chapter 382
63M-6-201
, as last amended by Laws of Utah 2021, Chapter 282
63M-6-202
, as last amended by Laws of Utah 2021, Chapter 282
63M-6-203
, as last amended by Laws of Utah 2021, Chapter 282
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
53B-8-102
 is amended to read:
53B-8-102
. Definitions -- Resident student status -- Exceptions.
(1)
As used in this section:
(a)
"Eligible person" means an individual who is entitled to post-secondary educational 
benefits under Title 38 U.S.C., Veterans' Benefits.
(b)
"Immediate family member" means an individual's spouse or dependent child.
(c)
"Inmate" means the same as that term is defined in Section 
64-13-1
.
(d)
"Military service member" means an individual who:
(i)
is serving on active duty in the United States Armed Forces within the state of 
Utah;
(ii)
is a member of a reserve component of the United States Armed Forces assigned 
in Utah;
(iii)
is a member of the 
Utah 
National Guard; or
(iv)
maintains domicile in Utah, as described in Subsection (9)(a), but is assigned 
outside of Utah pursuant to federal permanent change of station orders.
(e)
"Military veteran" has the same meaning as veteran in Section 
68-3-12.5
.
(f)
"National Guard" means the same as that term is defined in Section 
39A-1-102
.
(f)
(g)
"Parent" means a student's biological or adoptive parent.
(2)
The meaning of "resident student" is determined by reference to the general law on the 
subject of domicile, except as provided in this section.
(3)
(a)
Institutions within the state system of higher education may grant resident student 
status to any student who has come to Utah and established residency for the purpose 
of attending an institution of higher education, and who, prior to registration as a 
resident student:
(i)
has maintained continuous Utah residency status for one full year;
(ii)
has signed a written declaration that the student has relinquished residency in any 
other state; and
(iii)
has submitted objective evidence that the student has taken overt steps to 
establish permanent residency in Utah and that the student does not maintain a 
residence elsewhere.
(b)
Evidence to satisfy the requirements under Subsection (3)(a)(iii) includes:
(i)
a Utah high school transcript issued in the past year confirming attendance at a 
Utah high school in the past 12 months;
(ii)
a Utah voter registration dated a reasonable period prior to application;
(iii)
a Utah driver license or identification card with an original date of issue or a 
renewal date several months prior to application;
(iv)
a Utah vehicle registration dated a reasonable period prior to application;
(v)
evidence of employment in Utah for a reasonable period prior to application;
(vi)
proof of payment of Utah resident income taxes for the previous year;
(vii)
a rental agreement showing the student's name and Utah address for at least 12 
months prior to application; and
(viii)
utility bills showing the student's name and Utah address for at least 12 months 
prior to application.
(c)
A student who is claimed as a dependent on the tax returns of a person who is not a 
resident of Utah is not eligible to apply for resident student status.
(4)
Except as provided in Subsection (8), an institution within the state system of higher 
education may establish stricter criteria for determining resident student status.
(5)
If an institution does not have a minimum credit-hour requirement, that institution shall 
honor the decision of another institution within the state system of higher education to 
grant a student resident student status, unless:
(a)
the student obtained resident student status under false pretenses; or
(b)
the facts existing at the time of the granting of resident student status have changed.
(6)
Within the limits established in 
Chapter 8, Tuition Waiver and Scholarships
, each 
institution within the state system of higher education may, regardless of its policy on 
obtaining resident student status, waive nonresident tuition either in whole or in part, but 
not other fees.
(7)
In addition to the waivers of nonresident tuition under Subsection (6), each institution 
may, as athletic scholarships, grant full waiver of fees and nonresident tuition, up to the 
maximum number allowed by the appropriate athletic conference as recommended by 
the president of each institution.
(8)
Notwithstanding Subsection (3), an institution within the state system of higher 
education shall grant resident student status for tuition purposes to:
(a)
a military service member, if the military service member provides:
(i)
the military service member's current United States military identification card; 
and
(ii)
(A)
a statement from the military service member's current commander, or 
equivalent, stating that the military service member is assigned in Utah; or
(B)
evidence that the military service member is domiciled in Utah, as described 
in Subsection (9)(a);
(b)
a military service member's immediate family member, if the military service 
member's immediate family member provides:
(i)
(A)
the military service member's current United States military identification 
card; or
(B)
the immediate family member's current United States military identification 
card; and
(ii)
(A)
a statement from the military service member's current commander, or 
equivalent, stating that the military service member is assigned in Utah;
(B)
evidence that the military service member is domiciled in Utah, as described 
in Subsection (9)(a); or
(C)
evidence that the immediate family member completed at least one year of 
grades 9 through 12 at a local education agency, as defined in Section 
53E-1-102
, within the state while the military service member was assigned in 
Utah, regardless of the service member's current assignment.
(c)
a military veteran, regardless of whether the military veteran served in Utah, if the 
military veteran provides:
(i)
evidence of an honorable or general discharge;
(ii)
a signed written declaration that the military veteran has relinquished residency in 
any other state and does not maintain a residence elsewhere;
(iii)
objective evidence that the military veteran has demonstrated an intent to 
establish residency in Utah, which may include any one of the following:
(A)
a Utah voter registration card;
(B)
a Utah driver license or identification card;
(C)
a Utah vehicle registration;
(D)
evidence of employment in Utah;
(E)
a rental agreement showing the military veteran's name and Utah address; or
(F)
utility bills showing the military veteran's name and Utah address;
(d)
a military veteran's immediate family member, regardless of whether the military 
veteran served in Utah, if the military veteran's immediate family member provides:
(i)
evidence of the military veteran's honorable or general discharge;
(ii)
a signed written declaration that the military veteran's immediate family member 
has relinquished residency in any other state and does not maintain a residence 
elsewhere; and
(iii)
objective evidence that the military veteran's immediate family member has 
demonstrated an intent to establish residency in Utah, which may include one of 
the items described in Subsection (8)(c)(iii);
(e)
a foreign service member as defined in the Foreign Service Family Act of 2021 who 
is either:
(i)
domiciled in Utah, recognizing the individual may not be physically present in the 
state due to an assignment; or
(ii)
assigned to a duty station in Utah if the foreign service member provides:
(A)
evidence of the foreign service member's status;
(B)
a statement from the foreign service member's current commander, or 
equivalent, stating that the foreign service member is assigned in Utah; or
(C)
evidence that the foreign service member is domiciled in Utah;
(f)
a foreign service member's immediate family member if the foreign service member 
is either:
(i)
domiciled in Utah, recognizing the individual may not be physically present in the 
state due to an assignment; or
(ii)
assigned to a duty station in Utah if the foreign service member provides:
(A)
evidence of the foreign service member's status;
(B)
a statement from the foreign service member's current commander, or 
equivalent, stating that the foreign service member is assigned in Utah; or
(C)
evidence that the foreign service member is domiciled in Utah;
(g)
an eligible person who provides:
(i)
evidence of eligibility under Title 38 U.S.C., Veterans' Benefits;
 and
(ii)
a signed written declaration that the eligible person will use the Veteran Benefits 
under Title 38 U.S.C.;
 and
(iii)
objective evidence that the eligible person has demonstrated an intent to 
establish residency in Utah, which may include one of the items described in 
Subsection (8)(c)(iii);
(h)
an alien who provides:
(i)
evidence that the alien is a special immigrant visa recipient;
(ii)
evidence that the alien has been granted refugee status, humanitarian parole, 
temporary protected status, or asylum; or
(iii)
evidence that the alien has submitted in good faith an application for refugee 
status, humanitarian parole, temporary protected status, or asylum under United 
States immigration law; or
(i)
an inmate:
(i)
during the time the inmate is enrolled in the course; and
(ii)
for one year after the day on which the inmate is released from a correctional 
facility as defined in Section 
64-13-1
.
(9)
(a)
The evidence described in Subsection (8)(a)(ii)(B) or (8)(b)(ii)(B) includes:
(i)
a current Utah voter registration card;
(ii)
a valid Utah driver license or identification card;
(iii)
a current Utah vehicle registration;
(iv)
a copy of a Utah income tax return, in the military service member's or military 
service member's spouse's name, filed as a resident in accordance with Section 
59-10-502
; or
(v)
proof that the military service member or military service member's spouse owns 
a home in Utah, including a property tax notice for property owned in Utah.
(b)
Aliens who are present in the United States on visitor, student, or other visas not 
listed in Subsection (8)(h) or (9)(c), which authorize only temporary presence in this 
country, do not have the capacity to intend to reside in Utah for an indefinite period 
and therefore are classified as nonresidents.
(c)
Aliens who have been granted or have applied for permanent resident status in the 
United States are classified for purposes of resident student status according to the 
same criteria applicable to citizens.
(10)
Any American Indian who is enrolled on the tribal rolls of a tribe whose reservation or 
trust lands lie partly or wholly within Utah or whose border is at any point contiguous 
with the border of Utah, and any American Indian who is a member of a federally 
recognized or known Utah tribe and who has graduated from a high school in Utah, is 
entitled to resident student status.
(11)
A Job Corps student is entitled to resident student status if the student:
(a)
is admitted as a full-time, part-time, or summer school student in a program of study 
leading to a degree or certificate; and
(b)
submits verification that the student is a current Job Corps student.
(12)
A person is entitled to resident student status and may immediately apply for resident 
student status if the person:
(a)
marries a Utah resident eligible to be a resident student under this section; and
(b)
establishes his or her domicile in Utah as demonstrated by objective evidence as 
provided in Subsection (3).
(13)
Notwithstanding Subsection (3)(c), a dependent student who has at least one parent 
who has been domiciled in Utah for at least 12 months prior to the student's application 
is entitled to resident student status.
(14)
(a)
A person who has established domicile in Utah for full-time permanent 
employment may rebut the presumption of a nonresident classification by providing 
substantial evidence that the reason for the individual's move to Utah was, in good 
faith, based on an employer requested transfer to Utah, recruitment by a Utah 
employer, or a comparable work-related move for full-time permanent employment 
in Utah.
(b)
All relevant evidence concerning the motivation for the move shall be considered, 
including:
(i)
the person's employment and educational history;
(ii)
the dates when Utah employment was first considered, offered, and accepted;
(iii)
when the person moved to Utah;
(iv)
the dates when the person applied for admission, was admitted, and was enrolled 
as a postsecondary student;
(v)
whether the person applied for admission to an institution of higher education 
sooner than four months from the date of moving to Utah;
(vi)
evidence that the person is an independent person who is:
(A)
at least 24 years old; or
(B)
not claimed as a dependent on someone else's tax returns; and
(vii)
any other factors related to abandonment of a former domicile and establishment 
of a new domicile in Utah for purposes other than to attend an institution of higher 
education.
(15)
(a)
A person who is in residence in Utah to participate in a United States Olympic 
athlete training program, at a facility in Utah, approved by the governing body for the 
athlete's Olympic sport, shall be entitled to resident status for tuition purposes.
(b)
Upon the termination of the athlete's participation in the training program, the athlete 
shall be subject to the same residency standards applicable to other persons under this 
section.
(c)
Time spent domiciled in Utah during the Olympic athlete training program in Utah 
counts for Utah residency for tuition purposes upon termination of the athlete's 
participation in a Utah Olympic athlete training program.
(16)
(a)
A person who has established domicile in Utah for reasons related to divorce, the 
death of a spouse, or long-term health care responsibilities for an immediate family 
member, including the person's spouse, parent, sibling, or child, may rebut the 
presumption of a nonresident classification by providing substantial evidence that the 
reason for the individual's move to Utah was, in good faith, based on the long-term 
health care responsibilities.
(b)
All relevant evidence concerning the motivation for the move shall be considered, 
including:
(i)
the person's employment and educational history;
(ii)
the dates when the long-term health care responsibilities in Utah were first 
considered, offered, and accepted;
(iii)
when the person moved to Utah;
(iv)
the dates when the person applied for admission, was admitted, and was enrolled 
as a postsecondary student;
(v)
whether the person applied for admission to an institution of higher education 
sooner than four months from the date of moving to Utah;
(vi)
evidence that the person is an independent person who is:
(A)
at least 24 years old; or
(B)
not claimed as a dependent on someone else's tax returns; and
(vii)
any other factors related to abandonment of a former domicile and establishment 
of a new domicile in Utah for purposes other than to attend an institution of higher 
education.
(17)
A foreign service member or the foreign service member's immediate family member 
deemed eligible for resident student status under Subsection (8)(e) or (f) shall retain the 
eligibility for resident student status if the foreign service member or immediate family 
member maintains continuous enrollment even in the case of a change in domicile or 
duty station.
(18)
The board, after consultation with the institutions, shall make rules not inconsistent 
with this section:
(a)
concerning the definition of resident and nonresident students;
(b)
establishing procedures for classifying and reclassifying students;
(c)
establishing criteria for determining and judging claims of residency or domicile;
(d)
establishing appeals procedures; and
(e)
other matters related to this section.
(19)
A student shall be exempt from paying the nonresident portion of total tuition if the 
student:
(a)
is a foreign national legally admitted to the United States;
(b)
attended high school in this state for three or more years; and
(c)
graduated from a high school in this state or received the equivalent of a high school 
diploma in this state.
Section 2, Section 
53E-3-915
 is amended to read:
53E-3-915
. Article XIV -- Financing of the Interstate Commission.
(1)
The Interstate Commission shall pay or provide for the payment of the reasonable 
expenses of its establishment, organization, and ongoing activities.
(2)
In accordance with the funding limit established in Subsection 
(5)
, the Interstate 
Commission may levy and collect an annual assessment from each member state to 
cover the cost of the operations and activities of the Interstate Commission and its staff 
which shall be in a total amount sufficient to cover the Interstate Commission's annual 
budget as approved each year. The aggregate annual assessment amount shall be 
allocated based upon a formula to be determined by the Interstate Commission, which 
shall promulgate a rule binding upon all member states.
(3)
The Interstate Commission may not incur obligations of any kind prior to securing the 
funds adequate to meet the same; nor shall the Interstate Commission pledge the credit 
of any of the member states, except by and with the authority of the member state.
(4)
The Interstate Commission shall keep accurate accounts of all receipts and 
disbursements. The receipts and disbursements of the Interstate Commission shall be 
subject to the audit and accounting procedures established under its bylaws. However, 
all receipts and disbursements of funds handled by the Interstate Commission shall be 
audited yearly by a certified or licensed public accountant and the report of the audit 
shall be included in and become part of the annual report of the Interstate Commission.
(5)
The Interstate Commission may not assess, levy, or collect more than 
$5,000
$10,000
per year from Utah legislative appropriations. Other funding sources may be accepted 
and used to offset expenses related to the state's participation in the compact.
Section 3, Section 
71A-1-101
 is amended to read:
71A-1-101
. Veterans and Military Affairs -- Definitions.
As used in this title:
(1)
"Armed forces" means the same as that term is defined in Section 
68-3-12.5
.
(2)
"Contractor" means a person who is or may be awarded a government entity contract.
(3)
"Council" means the Veterans Advisory Council.
(4)
"Department" means the Department of Veterans and Military Affairs.
(5)
"Executive director" means the executive director of the Department of Veterans and 
Military Affairs.
(6)
"Government entity" means the state and any county, municipality, special district, 
special service district, and any other political subdivision or administrative unit of the 
state, including state institutions of education.
(7)
"National Guard" means the Utah National Guard created in Section 
39A-3-101
 and in 
accordance with Utah Constitution Article XV.
(7)
(8)
"Service member" means a currently serving member of the armed forces.
(8)
(9)
"Uniformed services" means the same as that term is defined in Section 
68-3-12.5
.
(9)
(10)
"VA" means the United States Department of Veterans Affairs.
(10)
(11)
"Veteran" means the same as that term is defined in Section 
68-3-12.5
.
(11)
(12)
"Veterans service organization" means an organization or individual accredited 
by the VA Office of General Counsel or recognized by the department whose purpose is 
to serve service members and veterans, their spouses, surviving spouses, and children.
Section 4, Section 
71A-1-201
 is amended to read:
71A-1-201
. Department of Veterans and Military Affairs -- Creation -- 
Appointment of executive director -- Department responsibilities.
(1)
There is created the Department of Veterans and Military Affairs.
(2)
The governor shall appoint an executive director for the department who is subject to 
Senate confirmation.
(3)
The executive director shall be a veteran.
(4)
The department shall:
(a)
conduct and supervise all veteran and military affairs activities as provided in this 
title;
(b)
adopt rules in accordance with 
Title 63G, Chapter 3, Utah Administrative 
Rulemaking Act
, to carry out the provisions of this title;
(c)
in accordance with Section 
41-1a-418
:
(i)
determine which campaign or combat theater awards are eligible for a special 
group license plate;
(ii)
verify that an applicant for a campaign or combat theater award special group 
license plate is qualified to receive it; and
(iii)
provide an applicant that qualifies a form indicating the campaign or combat 
theater award special group license plate for which the applicant qualifies;
(d)
maintain liaison with local, state, and federal veterans agencies and with Utah 
veterans organizations;
(e)
provide current information to veterans, service members, their surviving spouses 
and family members, and Utah veterans and military organizations on benefits they 
are entitled to;
(f)
assist veterans, service members, and their families in applying for benefits and 
services;
(g)
cooperate with other state entities in the receipt of information to create and maintain 
a record of veterans in Utah;
(h)
create and administer a veterans assistance registry in accordance with 
Chapter 5, 
Veterans Assistance Registry
, with recommendations from the council, that provides 
contact information to the qualified donors of materials and labor for certain qualified 
recipients;
(i)
identify military-related issues, challenges, and opportunities, and develop plans for 
addressing them;
(j)
develop, coordinate, and maintain relationships with military leaders of Utah military 
installations, including the 
Utah 
National Guard;
(k)
develop and maintain relationships with military-related organizations in Utah;
 and
(l)
consult with municipalities and counties regarding compatible use plans as described 
in Sections 
10-9a-537
 and 
17-27a-533
;
(m)
provide services and benefits directly or indirectly to service members, veterans, and 
families of service members and veterans, including services and benefits related to 
claims, health care, employment, education, mental wellness, counseling, business, 
housing, recognition, camaraderie, and other functions; and
(n)
serve as the State Approving Agency under United States Code, Title 38, Veterans 
Benefits
.
(5)
(a)
The department may award grants for the purpose of supporting veteran and 
military outreach, employment, education, healthcare, homelessness prevention, and 
recognition events.
(b)
The department may award a grant described in Subsection 
(5)(a)
 to:
(i)
an institution of higher education listed in Section 
53B-1-102
;
(ii)
a nonprofit organization involved in veterans or military-related activities; or
(iii)
a political subdivision of the state.
(c)
In accordance with 
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
, the 
department shall make rules for the administration of grants, including establishing:
(i)
the form and process for submitting an application to the department;
(ii)
the method and criteria for selecting a grant recipient;
(iii)
the method and formula for determining a grant amount; and
(iv)
the reporting requirements of a grant recipient.
(6)
(a)
The department may:
(i)
receive gifts, contributions, and donations to support service members, veterans, 
families of service members and veterans, and military missions, including 
tangible objects and real property, if the department uses the gifts, contributions, 
and donations for the benefit of, or in connection with, service members, veterans, 
families of service members and veterans, or military missions; and
(ii)
in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, 
make rules related to the administration of gifts, contributions, and donations 
described in Subsection 
(6)(a)
.
(b)
A gift, contribution, or donation received by the department as described in 
Subsection 
(6)(a)
, does not revert to the General Fund and is considered non-lapsing 
funds.
(6)
(7)
In accordance with 
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
, the 
department may make rules related to:
(a)
the consultation with municipalities and counties regarding compatible use plans as 
required in Subsection 
(4)(l)
; and
(b)
criteria to evaluate whether a proposed land use is compatible with military 
operations.
(7)
(8)
Nothing in this chapter 
shall be construed as altering or preempting
alters or 
preempts
 any provisions of 
Title 39A, National Guard and Militia Act
, as specifically 
related to the 
Utah 
National Guard.
Section 5, Section 
71A-1-202
 is amended to read:
71A-1-202
. Department of Veterans and Military Affairs -- Executive director -- 
Responsibilities.
(1)
The executive director is the chief administrative officer of the department.
(2)
The executive director is responsible for:
(a)
the administration and supervision of the department;
(b)
the coordination of policies and program activities conducted through the department;
(c)
the development and approval of the proposed budget of the department;
(d)
preparing an annual report for presentation not later than November 30 of each year 
to the Government Operations Interim Committee which covers:
(i)
services provided to veterans, service members, and their families;
(ii)
services provided by third parties through the Veterans Assistance Registry;
(iii)
coordination of veterans services by government entities with the department; and
(iv)
the status of military missions within the state;
(e)
advising the governor on matters pertaining to veterans and military affairs 
throughout the state, including active duty service members, reserve duty service 
members, veterans, and their families;
(f)
developing, coordinating, and maintaining relationships with Utah's congressional 
delegation and appropriate federal agencies; and
(g)
entering into grants, contracts, agreements, and interagency transfers necessary to 
support the department's programs.
(3)
The executive director is the acceptance authority for any gifts, contributions, or 
donations received under Subsection 
71A-1-201(6)
 and shall ensure compliance with the 
restrictions and limitations described in Section 
63G-6a-2404
.
(3)
(4)
The executive director may appoint deputy directors to assist the executive director 
in carrying out the department's responsibilities.
(4)
(5)
A deputy director, described in Subsection (3), of veterans' services shall be a 
veteran.
Section 6, Section 
71A-9-101
 is enacted to read:
9. MILITARY INSTALLATIONS
1. General Provisions
71A-9-101
. Definitions.
As used in this chapter, "state institution of higher education" means an institution 
described in Section 
53B-2-101
 or any other university or college that is established and 
maintained by the state.
Section 7, Section 
71A-9-102
 is enacted to read:
71A-9-102
. Military installation ability to enter into an intergovernmental 
support agreement.
(1)
A state agency, local municipality, special service district, or state institution of higher 
education may enter into an intergovernmental support agreement with a military 
installation or entity, including the National Guard, to provide support services to the 
military installation or entity in accordance with the agreement.
(2)
Copies of the agreement described in Subsection 
(1)
 shall be filed with the department.
Section 8, Section 
71A-9-301
 is enacted to read:
2. Military Installation Easements
71A-9-301
. Definitions.
Reserved.
Section 9, Section 
71A-9-302
 is enacted to read:
71A-9-302
. Acquisition of easements -- Restrictions -- Resale.
(1)
The department may acquire, by purchase, from landowners voluntarily entering a 
contract with the department, property or easements for the establishment, maintenance, 
and operation of a restrictive use area for the operation of military missions adjacent to, 
or within the boundaries of the approved compatible use plan for:
(a)
Hill Air Force Base;
(b)
Little Mountain Test Facility;
(c)
the Utah Test and Training Range;
(d)
Dugway Proving Ground; or
(e)
a National Guard facility.
(2)
(a)
The department shall ensure that any easements established by voluntary purchase 
described in Subsection 
(1)
 place conditions on land use identified in the applicable 
land use compatibility guidelines study or according to military best practice or 
recommendations.
(b)
The department may allow other uses on easements described in Subsection (1) not 
prohibited by the guidelines described in Subsection 
(2)(a)
 if the uses are consistent 
with the purpose of this part.
(c)
Nothing in this part authorizes the department or any other state agency to:
(i)
purchase a business;
(ii)
require a landowner to sell property or an easement to the department; or
(iii)
require a person to relocate or move.
(d)
To calculate the purchase price for an easement described in Subsection (1), the 
department shall use the fair market value of the real property.
(e)
When a military installation has not been used for seven years, the department shall:
(i)
notify by certified mail each current owner of any property to which an easement 
is attached near the military installation that the owner may purchase the easement 
for the same price that the state originally paid for the easement or for the market 
value of the easement at the time of the owner's buyback, whichever is less; and
(ii)
sell the easement to an owner notified under Subsection 
(2)(e)(i)
 if the owner 
tenders the purchase price described in Subsection (2)(e)(i).
(3)
(a)
The department may take action to enforce the provisions of this chapter.
(b)
The attorney general shall represent the department in an action described in 
Subsection (3)(a).
Section 10, Section 
71A-9-303
 is enacted to read:
71A-9-303
. Certain improvements, alterations, and expansions prohibited.
(1)
A person may not begin to develop, or authorize development, on any land on which the 
department or the Governor's Office of Economic Opportunity holds a lawful easement 
unless the department or the Governor's Office of Economic Opportunity has 
affirmatively authorized the development of the land.
(2)
Nothing in this part prohibits a property owner from improving, altering, or expanding 
an existing residential or commercial use of the property owner's property if the 
improvement, alteration, or expansion does not violate any conditions of an easement 
placed on the property owner's land.
Section 11, 
Repealer.
Certain improvements, alterations, and expansions prohibited.
Location of easements.
Acquisition of easements -- Restrictions -- Resale.
Title.
Section 12. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
3-11-25 3:17 PM