Bill Summary – FastDemocracy

Enrolled Copy                                                                          H.B. 245
                       UTAH NATIONAL GUARD AMENDMENTS
                                      2024 GENERAL SESSION
                                           STATE OF UTAH
                             Chief Sponsor: Jefferson S. Burton
                                Senate Sponsor: Heidi Balderree
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 LONG TITLE
 General Description:
        This bill modifies provisions related to the Utah National Guard.
 Highlighted Provisions:
        This bill:
        < allows for reenlistment bonus assistance to a member of the Utah National Guard;
        < modifies the constitution of the Utah State Defense Force;
        < adds a provision for the acceptance of gifts to the Utah National Guard;
        < amends provisions related to benefits for the executive director of the Department
 of Veterans and Military Affairs;
        < requires the deputy director for veterans services to be a veteran;
        < clarifies a definition related to veteran preference eligibility to include the words
 "service member";
        < reenacts provisions related to a leave of absence from employment for reserve
 members of the armed forces; and
        < makes technical corrections.
 Money Appropriated in this Bill:
        None
 Other Special Clauses:
        This bill provides a special effective date.
 Utah Code Sections Affected:
 AMENDS:
        39A-1-201, as renumbered and amended by Laws of Utah 2022, Chapter 373
       H.B. 245                                                                        Enrolled Copy
         39A-1-203, as enacted by Laws of Utah 2022, Chapter 373
         39A-3-105, as enacted by Laws of Utah 2022, Chapter 373
         39A-3-202, as last amended by Laws of Utah 2023, Chapter 44
         39A-3-204, as renumbered and amended by Laws of Utah 2022, Chapter 373
         39A-4-101, as renumbered and amended by Laws of Utah 2022, Chapter 373
         67-22-2, as last amended by Laws of Utah 2023, Chapter 205
         71A-1-202, as enacted by Laws of Utah 2023, Chapter 44
         71A-2-101, as last amended by Laws of Utah 2023, Chapter 16 and renumbered and
 amended by Laws of Utah 2023, Chapter 44
 ENACTS:
         39A-3-205, Utah Code Annotated 1953
         39A-9-101, Utah Code Annotated 1953
         71A-8-105, Utah Code Annotated 1953
43
 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 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] serves at the
 pleasure of the governor.
         (3) 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 [of the United States] or the Air National Guard with no fewer
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       Enrolled Copy                                                                               H.B. 245
 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) Active service in the armed forces of the United States may be included in the
 requirement in Subsection (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.
         (6) An officer is no longer eligible to hold the office of adjutant general after attaining
 the age of 64 years.
         (7) The adjutant general shall ensure the readiness, training, discipline, and operations
 of the Utah National Guard.
         Section 2. Section 39A-1-203 is amended 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, a land component commander, 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, a land component commander, and a
 director of joint staff with pay from the state.
         (3) The assistant adjutants general, the chief of staff for the Air Force, the land
 component commander, 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
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        H.B. 245                                                                        Enrolled Copy
 service in the Utah National Guard to a position in this section only with the written approval
 of the governor.
         Section 3. Section 39A-3-105 is amended 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 or other officers appointed to a general officer position and
 appointed to state employment shall receive the benefits and protections in Section [39-1-36]
 71A-8-105 for the term of the appointment.
         Section 4. Section 39A-3-202 is amended to read:
         39A-3-202. Pay and care of soldiers and airmen disabled while on state active
 duty.
         (1) (a) Before a service member may be considered disabled in accordance with this
 section, the Adjutant General shall determine whether the service member's illness, injury, or
 disease was contracted or occurred through the fault or gross negligence of the service member.
 If the service member is determined to be at fault for an injury or developed a disability
 through his or her own grossly negligent actions, the service member is not entitled to any care,
 pension, or benefit in accordance with this section.
         (b) Notwithstanding Subsection (1)(a) the service member 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.
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        (3) (a) If the disability temporarily incapacitates the service member from pursuing the
 service member's usual business or occupation, the service member 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 service member's inability to pursue a business or
 occupation, the adjutant general shall provide compensation so that the total compensation,
 including the disability compensation received under Subsection (3)(a) 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 service member who is permanently disabled, shall receive pensions and benefits
 from the state that individuals under like circumstances in the Armed Forces of the United
 States receive from the United States.
        (5) If a service member 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 service member shall
 receive compensation as directed in Section 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, 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
 service member that the law allows.
        Section 5. Section 39A-3-204 is amended to read:
        39A-3-204. National Guard Death Benefit 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.
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        H.B. 245                                                                       Enrolled Copy
        (b) Funds in the restricted account may only be used to pay the death benefit authorized
 in Section [39A-3-204] 39A-3-203.
        (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 6. Section 39A-3-205 is enacted to read:
        39A-3-205. Recruitment and retention bonus assistance for Utah National Guard
 members -- Use and allocation -- Appropriation.
        (1) The Utah National Guard may provide recruitment and retention bonus assistance
 to a member of the Utah National Guard for the purpose of recruitment and retention, if, at the
 time the individual receives the assistance, the individual is an active member in good standing
 with the Utah National Guard.
        (2) The adjutant general may award recruitment and retention bonus assistance as the
 adjutant general considers necessary to meet recruitment and retention needs.
        (3) The adjutant general of the state shall pay recruitment and retention bonus
 assistance directly to the individual.
        (4) The adjutant general may recoup recruitment and retention bonus assistance funds
 from a recipient if a recipient fails to meet the requirements of the program.
        (5) The adjutant general 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 may use no more than 10% of the funds for administration of
 the program as the adjutant general considers necessary.
        Section 7. Section 39A-4-101 is amended to read:
        39A-4-101. Utah State Defense Force -- How constituted.
        (1) Unless exempt under Subsection [(2)] (3), in accordance with the Utah
 Constitution, Article XV, Section 1, all able-bodied [citizens, and all able-bodied individuals of
 foreign birth who have declared their intention to become citizens, are 18 years old or older and
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        Enrolled Copy                                                                          H.B. 245
 younger than 64 years old, and are residents of this state] male inhabitants of the state, between
 the ages of 18 and 45 years old, except such as are exempted by law, constitute the Utah State
 Defense Force.
        (2) Individuals 18 years old or older, who are residents of the state, may volunteer for
 consideration by the adjutant general to be members of the Utah State Defense Force.
        [(2)] (3) Individuals exempt from Subsection (1) include:
        (a) individuals exempted from military service by laws of the United States;
        (b) individuals exempted from military service by the laws of this state;
        (c) all individuals who have been honorably discharged from the 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 a member of the active defense force may not be relieved from duty because the
 individual joined any volunteer fire company or department;
        (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 and hospital officers and assistants.
        [(3)] (4) All 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 voluntarily enlisting in the National Guard of this state.
        Section 8. Section 39A-9-101 is enacted to read:
                     CHAPTER 9. GIFTS TO THE UTAH NATIONAL GUARD
        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
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        H.B. 245                                                                         Enrolled Copy
 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 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 9. Section 67-22-2 is amended to read:
          67-22-2. Compensation -- Other state officers.
          (1) As used in this section:
          (a) "Appointed executive" means the:
          (i) commissioner of the Department of Agriculture and Food;
          (ii) commissioner of the Insurance Department;
          (iii) commissioner of the Labor Commission;
          (iv) director, Department of Alcoholic Beverage Services;
          (v) commissioner of the Department of Financial Institutions;
          (vi) executive director, Department of Commerce;
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       Enrolled Copy                                                                        H.B. 245
       (vii) executive director, Commission on Criminal and Juvenile Justice;
       (viii) adjutant general;
       (ix) executive director, Department of Cultural and Community Engagement;
       (x) executive director, Department of Corrections;
       (xi) commissioner, Department of Public Safety;
       (xii) executive director, Department of Natural Resources;
       (xiii) executive director, Governor's Office of Planning and Budget;
       (xiv) executive director, Department of Government Operations;
       (xv) executive director, Department of Environmental Quality;
       (xvi) executive director, Governor's Office of Economic Opportunity;
       (xvii) executive director, Department of Workforce Services;
       (xviii) executive director, Department of Health