Utah Admin. Code R630 — National Guard

R630 Administration

R630-1 Gifts to the Utah National Guard

Utah Admin. Code R630-1-1 Acceptance of Gifts

(1) The Utah National Guard may receive gifts, contributions, and donations of any kinds, including tangible objects and real property made on the condition that it be used for the benefit of, or about, the Utah National Guard, its members, employees, veterans, or their dependents. The Adjutant General is the acceptance authority for such gifts.

(2) 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 or Utah military veterans.

(3) Delegation of gift acceptance authority is limited to the Assistant Adjutant Generals, Land Component Commander, or the Utah National Guard Finance Director.

History

• KEY: donation, gift, in-kind
• Date of Last Change: September 16, 2024
• Authorizing, and Implemented or Interpreted Law: 39A-9-101

Utah Admin. Code R630-1-2 Gift Funds

(1) Gifts and bequests of money, and the proceeds of the sale of property, received under Section 39A-9-101 may be deposited in the following accounts as the Adjutant General or designee directs:

(a) the National Guard MWR Fund for the purposes identified in Section 39A-7-105;

(b) a fund supporting the purposes of West Travers Sentinel Landscape Act identified in Title 39A, Chapter 8, West Traverse Sentential Landscape Act;

(c) a fund supporting the purposes of the State Armory Board identified in Title 39A, Chapter 2, State Armory Board, West Traverse Landscape Act;

(d) the National Guard Death Benefit Account; or

(e) a fund supporting benefits and incentives identified in Title 39A, Chapter 3, Part 2, State Armory Board, West Traverse Sentinel Landscape Ac.

(2) A gift, grant, or donation described in Section 39A-9-101 will not revert to the General Fund.

History

• KEY: donation, gift, in-kind
• Date of Last Change: September 16, 2024
• Authorizing, and Implemented or Interpreted Law: 39A-9-101

Utah Admin. Code R630-1-3 Use of Gifts, Prohibitions

(1) Except as provided in Subsection R630-1-3(2), property and money accepted under Section 39A-9-101 may be used and services accepted without further specific authorization in law. The title to real property transfers to the Utah National Guard when the State Armory Board accepts the deed on behalf of the Utah National Guard.

(2) Property, money, and services may not be accepted under Section 39A-9-101:

(a) if the use of the property or money or the performance of the services about any program, project, or activity would result in the violation of any state or federal prohibition or limitation otherwise applicable to such program, project, or activity;

(b) if the conditions attached to the property, money, or services are inconsistent with applicable state or federal law and regulations;

(c) if the Adjutant General determines that the use of the property or money or the performance of the services would reflect unfavorably on the ability of the Utah National Guard, any state of federal employee of the Utah National Guard or any member of the armed forces to carry out any responsibility or duty in a fair and objective manner;

(d) if the Adjutant General determines that the use of the property or money or the performance of the services would compromise the integrity or appearance of integrity of any program of the Utah National Guard, or any individual involved in such a program;

(e) if offered in a manner that discriminates among Utah National Guard personnel based on the type of official responsibility or favoring those of higher rank or rate of pay; and

(f) if the donor has interests that may be affected substantially by the performance or nonperformance of the recipient's official duties.

(3) Acceptance authorities may not accept gifts offered indirectly through an intermediary if they could not accept such a gift directly from the source.

(4) Acceptance authorities will ensure compliance with the restrictions and limitations contained in Section 63G-6a- 2404.

History

• KEY: donation, gift, in-kind
• Date of Last Change: September 16, 2024
• Authorizing, and Implemented or Interpreted Law: 39A-9-101

Utah Admin. Code R630-1-4 Prohibition of Solicitation

(1) Utah National Guard personnel will not solicit, fundraise for, or otherwise request or encourage the offer of a gift to the Utah National Guard organization or personnel.

(2) Non-Utah National Guard entities will not receive Utah National Guard endorsement by virtue of their contributions to the military community or installation, their promotion or support of military goals and objectives, or for any other reason. A limited statement of gratitude by Utah National Guard personnel which does not imply endorsement is permitted, whether made in public or in private.

(3) A donor may mark the gift indicating that it was donated by a particular person, group, or organization. However, the marking must be in good taste and not worded to imply endorsement of the donor by the Utah National Guard or its military or civilian personnel.

History

• KEY: donation, gift, in-kind
• Date of Last Change: September 16, 2024
• Authorizing, and Implemented or Interpreted Law: 39A-9-101