H.B. 8

1

REPEAL OF UTAH STATE DEFENSE FORCE
2 ACT
3 2001 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Neal B. Hendrickson
6 This act modifies the Militia and Armories Title. This act repeals provisions authorizing the
7 Utah state defense force.
8 This act affects sections of Utah Code Annotated 1953 as follows:
9 REPEALS:
10 39-4-1, as last amended by Chapter 210, Laws of Utah 1988
11 39-4-2, Utah Code Annotated 1953
12 39-4-3, as last amended by Chapter 210, Laws of Utah 1988
13 39-4-4, Utah Code Annotated 1953
14 39-4-5, Utah Code Annotated 1953
15 39-4-6, Utah Code Annotated 1953
16 39-4-7, Utah Code Annotated 1953
17 39-4-8, Utah Code Annotated 1953
18 39-4-9, Utah Code Annotated 1953
19 39-4-10, as last amended by Chapter 210, Laws of Utah 1988
20 39-4-11, as last amended by Chapter 210, Laws of Utah 1988
21 39-4-12, as last amended by Chapter 210, Laws of Utah 1988
22 39-4-13, as last amended by Chapter 210, Laws of Utah 1988
23 Be it enacted by the Legislature of the state of Utah:
24 Section 1. Repealer.
25 This act repeals:
26 Section 39-4-1, Governor authorized to organize Utah State Defense Force.
27 Section 39-4-2, Governor to prescribe rules and regulations.

28 Section 39-4-3, Compensation of force members.
29 Section 39-4-4, Governor may requisition arms and equipment from secretary of
30 defense.
31 Section 39-4-5, Service outside state prohibited -- Exceptions.
32 Section 39-4-6, Forces of another state in fresh pursuit may make arrests.
33 Section 39-4-7, State Defense Force, as such, not subject to United States military
34 service -- Members not exempt from United States military service.
35 Section 39-4-8, No organizations to be enlisted as a unit.
36 Section 39-4-9, Qualifications of members.
37 Section 39-4-10, Oaths of force officers.
38 Section 39-4-11, Term of force enlistment -- Oaths.
39 Section 39-4-12, Military court law and rules of National Guard applicable -- Privilege
40 from arrest, posse comitatus, and jury service.
41 Section 39-4-13, Short title.




Legislative Review Note
as of 11-15-00 4:24 PM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

Committee Note

The Government Operations Interim Committee recommended this bill.