H.B. 293

1

REPEAL OF NATIONAL GUARD EFFICIENCY
2 BOARDS
3 2004 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: James A. Ferrin
6
7 LONG TITLE
8 General Description:
9 This bill eliminates National Guard efficiency boards.
10 Highlighted Provisions:
11 This bill:
12 . eliminates provisions establishing and governing National Guard efficiency boards;
13 and
14 . makes technical corrections.
15 Monies Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 None
19 Utah Code Sections Affected:
20 AMENDS:
21 39-1-58, as last amended by Chapter 15, Laws of Utah 1989
22
23 Be it enacted by the Legislature of the state of Utah:
24 Section 1. Section 39-1-58 is amended to read:
25 39-1-58. Discharge of officers -- Officers in reserves.
26 [(1) (a) While serving on state active duty the moral character, capacity, and general
27 fitness for the service of any National Guard officer may, upon complaint and notice to the

28 officer and a hearing at which the officer and his witnesses may appear and testify, be
29 determined by an efficiency board of three commissioned officers, senior in rank to the officer
30 whose fitness for service is under investigation. The board shall be appointed by the governor.]
31 [(b) If the findings of the board are unfavorable to the officer and are approved by the
32 governor, the officer shall be discharged.]
33 [(2)] (1) Commissions of officers of the National Guard may [also] be vacated upon
34 resignation[,] or absence without leave for three months[, upon the recommendation of an
35 efficiency board or] pursuant to the sentence of a military court.
36 [(3)] (2) (a) Officers of the National Guard rendered excess by the disbandment of their
37 organization shall be placed in the National Guard reserve.
38 (b) Officers may, upon their own application, be placed in the reserve.
39 [(4) Boards of efficiency are similar to, possess the same power to compel attendance
40 of witnesses, and shall follow the same form and procedure as courts of inquiry.]




Legislative Review Note
as of 2-3-04 3:19 PM

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

Office of Legislative Research and General Counsel