(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.

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

Terms Used In Utah Code 39A-9-101

  • Adjutant general: means the commanding general of the Utah National Guard as appointed by the governor under Section 39A-1-201. See Utah Code 39A-1-102
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • National Guard: means the Utah National Guard created in Section 39A-3-101 and in accordance with Utah Constitution Article XV. See Utah Code 39A-1-102
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(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:

     (6)(a) delegation of gift acceptance authority;
     (6)(b) the method and criteria for accepting gifts;
     (6)(c) identification of existing accounts for gift proceeds to be deposited into;
     (6)(d) use and purpose of gifts;
     (6)(e) prohibitions; and
     (6)(f) exceptions to the policy.