Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 376 (2025GS)

Sponsor

Rep. Burton, Jefferson S.

Final action

Governor Signed 3/25/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• amends provisions related to the appointment of the adjutant general;
• amends provisions related to the management of the State Armory Board;
• clarifies what electronic means the State Armory Board may use in conducting meetings and taking official action;
• allows for the National Guard to repay student loans for active members of the National Guard using current funds;
• addresses the appointment and responsibilities of certain judge advocates;
• addresses the use of force by a military service member or a member of the National Guard in certain circumstances;
• provides that a military chaplain may solemnize a marriage; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

46
39A-1-201
39A-2-101
39A-2-102
39A-3-201
39A-5-103
39A-5-114.5
39A-9-101
63I-2-239
81-2-301
81-2-305
0
National Guard Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jefferson S. Burton
Senate Sponsor: Ann Millner
LONG TITLE
General Description:
This bill amends provisions related to the National Guard.
Highlighted Provisions:
This bill:
defines terms;
amends provisions related to the appointment of the adjutant general;
amends provisions related to the management of the State Armory Board;
clarifies what electronic means the State Armory Board may use in conducting meetings 
and taking official action;
allows for the National Guard to repay student loans for active members of the National 
Guard using current funds;
addresses the appointment and responsibilities of certain judge advocates;
addresses the use of force by a military service member or a member of the National 
Guard in certain circumstances;
provides that a military chaplain may solemnize a marriage; and
makes technical and conforming changes. 
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
39A-1-201
, as last amended by Laws of Utah 2024, Chapter 334
39A-2-101
, as last amended by Laws of Utah 2022, Chapter 421 and renumbered and 
amended by Laws of Utah 2022, Chapter 373
39A-2-102
, as last amended by Laws of Utah 2024, Chapter 268
39A-3-201
, as last amended by Laws of Utah 2024, Chapter 28
39A-5-103
, as renumbered and amended by Laws of Utah 2022, Chapter 373
39A-9-101
, as enacted by Laws of Utah 2024, Chapter 334
63I-2-239
, as enacted by Laws of Utah 2024, Third Special Session, Chapter 5
81-2-301
, as enacted by Laws of Utah 2024, Chapter 366
81-2-305
, as renumbered and amended by Laws of Utah 2024, Chapter 366
ENACTS:
39A-5-114.5
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
39A-1-201
 is amended to read:
39A-1-201
. Adjutant general -- Appointment -- Term -- Qualifications.
(1)
There shall be one adjutant general of the 
Utah 
National Guard
 appointed by
.
(2)
(a)
Beginning in the calendar year of 2027 and in every fourth year after 2027,
 the 
governor
 shall, in the month of January, appoint an individual who meets the 
qualifications under this section to serve a four-year term as the adjutant general
.
(b)
The four-year term for the adjutant general appointed under Subsection 
(2)(a)
 shall 
begin on the day of the adjutant general's appointment.
(c)
If an individual appointed to serve as the adjutant general for a four-year term under 
Subsection 
(2)(a)
 is removed, resigns, or otherwise vacates the position of adjutant 
general, the governor may appoint another individual to serve as the adjutant general 
for the remainder of the unexpired four-year term.
(d)
(i)
If a vacancy in the position of adjutant general occurs before the year of 2027, 
the governor shall appoint an individual who meets the qualifications under this 
section to serve as the adjutant general.
(ii)
An adjutant general appointed under Subsection (2)
(d)(i)
 shall serve a term that 
begins on the day of the adjutant general's appointment and ends when the 
governor appoints an adjutant general to a four-year term in January of 2027, as 
described in Subsection 
(2)(a)
.
(2)
(3)
The adjutant general is the commanding general of the 
Utah 
National Guard and 
the Utah State Defense Force and serves at the pleasure of the governor.
(3)
(4)
The 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 Army National Guard or the Air National Guard 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.
(4)
(5)
Active service in the armed forces of the United States may be included in the 
requirement in Subsection 
(3)(b)
(4)(b)
, if the officer was a member of the 
Utah 
National Guard when the officer entered that service.
(5)
(6)
The adjutant general shall establish a succession plan consistent with Section 
53-2a-804
 to ensure the continuity of command.
(6)
(7)
An officer is no longer eligible to hold the office of adjutant general 
after attaining 
the age of 64 years
if the officer is 64 years old or older
.
(7)
(8)
The adjutant general shall ensure the readiness, training, discipline, and operations 
of the 
Utah 
National Guard.
(9)
An individual who otherwise meets the qualifications under this section to serve as the 
adjutant general may serve multiple terms as the adjutant general if appointed by the 
governor under Subsection 
(2)
.
Section 2, Section 
39A-2-101
 is amended to read:
39A-2-101
. State Armory Board -- Creation -- Members -- A body corporate -- 
Powers -- Expenses.
(1)
There is created a three member State Armory Board with the following members:
(a)
the governor;
(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
.
(2)
The board is a body corporate with perpetual succession and the board's property is 
exempt from all taxes and assessments.
(3)
The board may:
(a)
have and use a common seal;
(b)
sue and be sued;
(c)
contract and be contracted with;
(d)
take and hold by purchase, gift, devise, grant, or bequest real and personal property 
required for the board's use; and
(e)
convert property received by gift, devise, or bequest, and not suitable for the board's 
uses, into other property as available, or into money.
(4)
The board may:
(a)
borrow money for the purpose of providing facilities, ranges, and training lands upon 
the sole credit of the real property to which the board has legal title; and
(b)
secure loans described in Subsection 
(4)(a)
 by mortgage upon property to which the 
State Armory Board has legal title.
(5)
(a)
Property mortgaged for a loan as provided in Subsection 
(4)(b)
 shall be the sole 
security for the loan.
(b)
A deficiency judgment may not be made, rendered, or entered against the board upon 
the foreclosure of a mortgage under Subsection 
(4)(b)
.
(c)
The board may not mortgage property in one city for the purpose of obtaining money 
for the erection of armories in any other place. 
(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)
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the 
National Guard shall make rules governing the management and operational needs of the 
board established under this section including rules for the appointment, duties, and 
responsibilities of the board's secretary.
Section 3, Section 
39A-2-102
 is amended to read:
39A-2-102
. Responsibilities of State Armory Board.
(1)
The board shall supervise and control 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 facilities, ranges, and training lands for the different organizations of 
the National Guard;
(b)
lease 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 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 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 
electronic mail, electronic messaging, 
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 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 real property owned by the 
National Guard, the board shall submit a description of the proposed sale to the 
Legislative Management Committee for 
its
the Legislative Management Committee's
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
the Legislative Management Committee's
 review and 
recommendations.
(c)
The Legislative Management Committee shall review each proposal and may 
approve or disapprove the sale.
(5)
(a)
There is created an expendable special revenue fund known as the "State Armory 
Fund."
(b)
The State Armory Fund shall consist of:
(i)
proceeds from the sales and leases of real property authorized by this section;
(ii)
appropriations by the Legislature; and
(iii)
interest earned on the fund.
(c)
Subject to the Legislative Management Committee's review and recommendation, 
the State Armory Board may expend money in the State Armory Fund to pay for the 
acquisition and sale of real property and the construction of new armories.
Section 4, Section 
39A-3-201
 is amended to read:
39A-3-201
. Tuition and fees assistance for 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" includes:
(i)
a special course fee; and
(ii)
expenses for required:
(A)
text books; and
(B)
course related materials.
(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 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 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)
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
:
(a)
pay tuition and fees assistance directly to the institution of higher education from 
the funds appropriated
.
; and
(5)
(b)
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)
(5)
The adjutant general may 
use no more
not use more
 than 10% of the funds for 
administration of the program as the adjutant general considers necessary.
(6)
(a)
Subject to Subsections 
(6)(b)
 and (c), the adjutant general may allocate funds for 
the repayment of student loans for members of the National Guard.
(b)
In addition to the requirements described in Subsection 
(6)(c)
, a member of the 
National Guard qualifies for the repayment of the member's student loans if the 
member is currently an active member of the National Guard.
(c)
The adjutant general shall administer the loan repayment option described in this 
Subsection 
(6)
 in accordance with policies and procedures established by the adjutant 
general, including:
(i)
additional eligibility requirements;
(ii)
repayment limits; and
(iii)
any other condition the adjutant general determines is appropriate.
Section 5, Section 
39A-5-103
 is amended to read:
39A-5-103
. State staff judge advocate -- Appointment -- Qualifications -- Duties 
-- Assistants.
(1)
(a)
The adjutant general shall appoint a state staff judge advocate.
(b)
The state staff judge advocate appointed under Subsection 
(1)(a)
 shall be:
(i)
an officer of the National Guard;
(ii)
a member of the Utah State Bar; and
(iii)
designated as a state staff judge advocate officer.
(c)
The state staff judge advocate appointed under Subsection 
(1)
(a):
(i)
is the senior legal officer for the National Guard and a member of the adjutant 
general's special staff; and
(ii)
shall act as the primary legal advisor to the adjutant general on all matters 
involving military justice.
(1)
(2)
(a)
The adjutant general 
shall
may
 appoint 
an officer of the National Guard as 
the
a
 state judge advocate.
(b)
The 
officer
state judge advocate appointed under Subsection (2)(a)
 shall be
:
(i)
an officer of the National Guard;
(ii)
a member of the Utah State Bar
, a United States federal court, branch 
qualified, and
; and
(iii)
designated as a staff judge advocate officer.
(2)
(c)
The state judge advocate
 appointed under Subsection 
(2)(a)
 is
:
(i)
the principal military legal advisor
;
 and
(ii)
shall, in connection with rendering legal advice to the adjutant general, prepare 
pretrial advice, a post-trial review, and act
, in concert with the state staff judge 
advocate,
 as legal advisor to the adjutant general on all matters involving military 
justice.
(3)
(a)
The adjutant general may appoint staff judge advocates for the individual services 
of the National Guard.
(b)
A service staff judge advocate appointed under Subsection 
(3)(a)
 shall be:
(i)
an officer of the National Guard;
(ii)
a member of the Utah State Bar; and
(iii)
designated as a staff judge advocate officer.
(c)
A service staff judge advocate appointed under Subsection 
(3)(a)
:
(i)
is responsible for the provision of military justice legal advice to the service 
assistant adjutant general of the branch state staff judge advocate; and
(ii)
shall provide oversight to subordinate assistant staff judge advocates.
(3)
(4)
(a)
The adjutant general may appoint assistant state judge advocates
 as 
considered necessary
.
(b)
 All
An
 assistant state judge 
advocates
advocate
appointed under Subsection 
(4)(a)
shall be
:
(i)
 officers
an officer
 of the National Guard
,
;
(ii)
 members
a member
 of the Utah State Bar
, branch qualified, and
; and
(iii)
designated as 
a 
staff judge advocate 
officers
officer
.
(4)
(5)
(a)
The 
SJA or an assistant SJA
state judge advocate or service staff judge 
advocate
 shall make frequent inspections of military units throughout the state to 
supervise the administration of military justice.
(b)
The duty described in Subsection 
(5)(a)
 may be delegated to an assistant state judge 
advocate.
(5)
(6)
(a)
The convening authority shall review directly with 
the SJA
the convening 
authority's staff judge advocate
 all matters relating to the administration of military 
justice and administrative actions.
(b)
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
state staff judge advocate
.
(6)
(7)
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
state judge advocate
,
 state staff judge advocate, 
service staff judge advocate,
 or legal officer to any reviewing authority upon the same 
case.
Section 6, Section 
39A-5-114.5
 is enacted to read:
39A-5-114.5
. Use of force in defense of equipment and personnel of the National 
Guard or military.
(1)
As used in this section, "deadly force" means the same as that term is defined Section 
76-2-404
.
(2)
A military service member or a member of the National Guard may use force, including 
deadly force, to defend military or National Guard equipment or personnel, if:
(a)
the member is on official duty to defend equipment or personnel of the military or 
National Guard; and
(b)
the use of force is used in accordance with the military or National Guard regulations 
and doctrine regarding the appropriate use of force in the defense of equipment or 
personnel.
(3)
(a)
Before a military service member or a member of the National Guard is assigned 
to official duty to defend equipment or personnel, the servicing staff judge advocate 
shall provide a briefing to the member on the rules for the use of force under this 
section and in accordance with military or National Guard regulations and doctrine.
(b)
A military service member or a member of the National Guard who does not receive 
the briefing described in Subsection 
(3)(a)
 may still claim the privilege described in 
Subsection 
(2)
 if the member is not at fault for not receiving the briefing.
Section 7, Section 
39A-9-101
 is amended to read:
39A-9-101
. Acceptance of gifts.
(1)
The 
Utah 
National Guard is authorized to receive gifts, contributions, and donations of 
all kinds, including tangible objects and real property made on the condition that the 
Utah 
National Guard uses the gifts, contributions, and donations for the benefit of, or in 
connection with, the 
Utah 
National Guard and 
Utah 
National Guard members, 
employees, or members' or employees' dependents.
(2)
The adjutant general is the acceptance authority for gifts described in Subsection (1).
(3)
The adjutant general may also accept gifts donated to benefit a state military museum or 
to create a memorial within the state honoring the activities of the 
Utah 
National Guard.
(4)
A gift, grant, or donation described in this section will not revert to the General Fund 
and shall be considered non-lapsing funds.
(5)
Acceptance authorities will ensure compliance with the restrictions and limitations 
contained in Section 
63G-6a-2404
.
(6)
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the 
department
National Guard
 shall make rules for the acceptance of gifts, including 
establishing:
(a)
delegation of gift acceptance authority;
(b)
the method and criteria for accepting gifts;
(c)
identification of existing accounts for gift proceeds to be deposited into;
(d)
use and purpose of gifts;
(e)
prohibitions; and
(f)
exceptions to the policy.
Section 8, Section 
63I-2-239
 is amended to read:
63I-2-239
. Repeal dates: Title 39A.
Reserved
Subsection 
39A-1-201(2)(d)
, regarding a vacancy in the position of adjutant 
general that occurs before the year 2027 is repealed January 1, 2027
.
Section 9, Section 
81-2-301
 is amended to read:
81-2-301
. Definitions for part.
As used in this part:
(1)
"County clerk" means:
(a)
the county clerk of the county; or
(b)
an employee or designee of the county clerk who is authorized to issue marriage 
licenses or solemnize marriages.
(2)
"Judge or magistrate of the United States" means:
(a)
a justice of the United States Supreme Court;
(b)
a judge of a court of appeals;
(c)
a judge of a district court;
(d)
a judge of any court created by an act of Congress, the judges of which are entitled to 
hold office during good behavior;
(e)
a judge of a bankruptcy court;
(f)
a judge of a tax court; or
(g)
a United States magistrate.
(3)
"Minor" means an individual who is 16 or 17 years old.
(4)
(a)
"Native American spiritual advisor" means an individual who:
(i)
leads, instructs, or facilitates a Native American religious ceremony or service or 
provides religious counseling; and
(ii)
is recognized as a spiritual advisor by a federally recognized Native American 
tribe.
(b)
"Native American spiritual advisor" includes a sweat lodge leader, medicine person, 
traditional religious practitioner, or holy man or woman.
(c)
"Military chaplain" means an individual who is a commissioned officer of:
(i)
the Chaplain Corps of the United States Army;
(ii)
the Chaplain Corps of the United States Navy, including the United States Coast 
Guard; or
(iii)
the United States Air Force designated for duty as a chaplain.
Section 10, Section 
81-2-305
 is amended to read:
81-2-305
. Who may solemnize marriages -- Certificate.
(1)
The following individuals may solemnize a marriage:
(a)
an individual 18 years old or older who is authorized by a religious denomination to 
solemnize a marriage;
(b)
a Native American spiritual advisor;
(c)
the governor;
(d)
the lieutenant governor;
(e)
the state attorney general;
(f)
the state treasurer;
(g)
the state auditor;
(h)
a mayor of a municipality or county executive;
(i)
a justice, judge, or commissioner of a court of record;
(j)
a judge of a court not of record of the state;
(k)
a judge or magistrate of the United States;
(l)
the county clerk of any county in the state or the county clerk's designee as authorized 
by Section 
17-20-4
;
(m)
a senator or representative of the Utah Legislature;
(nn)
(n)
a member of the state's congressional delegation;
 or
(oo)
(o)
a judge or magistrate who holds office in Utah when retired, under rules set by 
the Supreme Court
; or
(p)
a military chaplain
.
(2)
An individual authorized under Subsection (1) who solemnizes a marriage shall give to 
the couple married a certificate of marriage that shows the:
(a)
name of the county from which the license is issued; and
(b)
date of the license's issuance.
(3)
Except for an individual described in Subsection (1)(l), an individual described in 
Subsection (1) has discretion to solemnize a marriage.
(4)
Except as provided in Section 
17-20-4
 and Subsection (1)(l), and notwithstanding any 
other provision in law, no individual authorized under Subsection (1) to solemnize a 
marriage may delegate or deputize another individual to perform the function of 
solemnizing a marriage.
(5)
(a)
Within 30 days after the day on which a marriage is solemnized, the individual 
solemnizing the marriage shall return the marriage license to the county clerk that 
issued the marriage license with a certificate of the marriage over the individual's 
signature stating the date and place of solemnization and the names of two or more 
witnesses present at the marriage.
(b)
An individual described in Subsection (5)(a) who fails to return the license is guilty 
of an infraction.
(c)
An individual described in Subsection (5)(a) who knowingly or intentionally makes a 
false statement on a certificate of marriage is guilty of perjury and may be prosecuted 
and punished as provided in Title 76, Chapter 8, Part 5, Falsification in Official 
Matters.
(6)
(a)
An individual is guilty of a third degree felony if the individual knowingly:
(i)
solemnizes a marriage without a valid marriage license; or
(ii)
solemnizes a marriage in violation of this section.
(b)
An individual is guilty of a class A misdemeanor if the individual knowingly, with or 
without a marriage license, solemnizes a marriage between two individuals who are 
18 years old or older that is prohibited by law.
Section 11. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
3-7-25 10:18 PM