Utah Code § 39A-1-101
National Guard and Militia Act
This title governs the Utah National Guard and unorganized militia in accordance with Utah Constitution Article XV.
Utah Code Title 39A — National Guard and Militia Act
Utah · statute · Utah Code tit. 39A · 129 active provisions
Provisions
Utah Code § 39A-1-102
Definitions
As used in this title: (1) "Adjutant general" means the commanding general of the Utah National Guard as appointed by the governor under Section 39A-1-201. (2) "National Guard" means the Utah National Guard created in Section 39A-3-101 and in accordance with Utah Constitution Article XV. (3) "Utah State Defense Force"…
Utah Code § 39A-1-201
Adjutant general -- Appointment -- Term -- Qualifications
(1) There shall be one adjutant general of the National Guard. (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…
Utah Code § 39A-1-202
Seal of adjutant general
The seal of the adjutant general shall be circular in form, containing an inner circle. Within the inner circle shall be a shield with "Utah" impressed on the shield, and between the circles shall be impressed "National Guard, Adjutant General."
Utah Code § 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 chie…
Utah Code § 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 National Guard, appointed in accordance with Section 39A-3-102. (2) The board is a body corporate with perpetual…
Utah Code § 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 t…
Utah Code § 39A-2-103
Political subdivisions and state agencies may assist in erecting facilities
Any political subdivision or state agency may appropriate from any funds available for general purposes funds to assist the State Armory Board in the acquisition, construction, and maintenance of Utah National Guard facilities and infrastructure.
Utah Code § 39A-2-104
Use of armories by veterans organizations permitted
Federally chartered veterans organizations have the right to the use of armories owned or leased by the state at no charge, provided that the use does not interfere with the mission of the Utah National Guard as determined by the adjutant general.
Utah Code § 39A-3-101
Utah National Guard -- Creation
(1) There is created the Department of the Utah National Guard. (2) The Utah National Guard is commanded by an adjutant general and consists of the following: (a) the joint force headquarters; (b) the Utah Army National Guard, commanded by an assistant adjutant general for the Army; (c) the Utah Air National Guard, com…
Utah Code § 39A-3-102
Governor commander in chief -- Powers and duties
(1) The governor by virtue of the governor's office shall be commander in chief of the Utah National Guard. (2) The governor: (a) is authorized to issue all orders, rules and regulations necessary to conform the Utah National Guard to Title 32 of the United States Code in its organization, government, discipline, maint…
Utah Code § 39A-3-103
National Guard subject to call by United States
(1) The National Guard is at all times subject to the call of the President of the United States. (2) When called into the service of the United States, the National Guard is governed by the applicable laws and military regulations of the United States. (3) The National Guard and its members shall attend military train…
Utah Code § 39A-3-104
Service members -- Appointment and promotion
(1) All officers of the National Guard shall be appointed by the governor and receive a state commission. (2) The power of appointment may be delegated to the adjutant general, and further delegated as the adjutant general considers necessary. (3) Appointments are subject to approval as prescribed by the laws of the Un…
Utah Code § 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…
Utah Code § 39A-3-106
State active duty orders
(1) Orders for state duty may be oral or written. (2) Written orders shall be issued by the governor or the adjutant general. (3) An oral order may be delivered by an officer or noncommissioned officer.
Utah Code § 39A-3-107
Pay and benefits of National Guard members on state active duty
(1) When called into the service of the state and not in the service of the United States, the members of the National Guard shall: (a) receive at least the same pay and allowance as members of the regular Army or regular Air Force of like pay grade and time in service; and (b) elect to: (i) receive medical, dental, di…
Utah Code § 39A-3-108
Military property exempt from civil process
Military property issued to or owned by members of the National Guard is exempt from all civil process.
Utah Code § 39A-3-109
Loss of property -- Liability
(1) When Utah National Guard federal property is destroyed, damaged, or lost due to the failure of a service member to perform the duties required by law or regulation, the adjutant general may assess financial liability to the service member. (2) Within established law and regulation, the adjutant general may require…
Utah Code § 39A-3-110
Utah Code of Military Justice -- Procedures -- Jurisdiction
(1) Title 39A, Chapter 5, is adopted as the Utah Code of Military Justice. (2) The Utah Code of Military Justice sets forth offenses which, if committed by personnel of the Utah National Guard serving under this title or Title 32, United States Code, are punishable as a military court directs in accordance with Chapter…
Utah Code § 39A-3-111
Military court -- Concurrent prosecutorial jurisdiction with county or district attorney
(1) The county attorney or district attorney, as appropriate under Sections 17-68-302 and 17-68-303, of the county where an offense under the Utah Code of Military Justice is committed has concurrent jurisdiction with a military court to prosecute the accused individual at the expense of the county. (2) Charges regardi…
Utah Code § 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)…
Utah Code § 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 f…
Utah Code § 39A-3-203
Compensation for injury or death
Within 72 hours of the reported death of a member of the National Guard on state active duty, the state shall provide a death gratuity payment of $100,000 to: (1) the individual designated as the recipient of the member's unpaid pay and allowances in the member's service record; or (2) if no one is designated, the desi…
Utah Code § 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. (b) Funds in the restricted account may only be used to pay the death benefit authorized in Section 39A-3-203. (c)…
Utah Code § 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 adjuta…
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