Effective 5/4/2022 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; […]
Effective 5/4/2022 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 […]
Effective 5/4/2022 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 […]
Effective 5/4/2022 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 […]
Effective 5/4/2022 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 […]
Effective 5/4/2022 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. Enacted by Chapter 373, 2022 General Session
Effective 5/4/2022 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 […]
Effective 5/4/2022 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. Renumbered and Amended by Chapter 373, 2022 General Session
Effective 5/4/2022 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 […]
Effective 5/4/2022 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, […]
Effective 5/4/2022 39A-3-111. Military court — Concurrent prosecutorial jurisdiction with county or district attorney. (1) The county attorney or district attorney, as appropriate under Sections 17-18a-202 and 17-18a-203, 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 […]
