H.B. 143 Enrolled

NATIONAL GUARD AMENDMENTS
2005 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Eric K. Hutchings
Senate Sponsor: Michael G. Waddoups

LONG TITLE
General Description:
This bill creates a joint forces headquarters under the command of the adjutant general,
authorizes the appointment of a deputy commander, and makes technical corrections.
Highlighted Provisions:
This bill:
. creates a joint forces headquarters within the Utah National Guard under the
command of the adjutant general;
. authorizes the appointment of a deputy commander of the joint forces headquarters;
and
. sets commissioning, grade, and length of service requirements for the deputy
commander.
Monies Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
39-1-2, as last amended by Chapter 61, Laws of Utah 1963
39-1-4, as last amended by Chapter 61, Laws of Utah 1963
39-1-18, as last amended by Chapter 81, Laws of Utah 2004
39-1-24, as last amended by Chapter 61, Laws of Utah 1963

Be it enacted by the Legislature of the state of Utah:
Section 1. Section 39-1-2 is amended to read:
39-1-2. Militia divided into two parts.
(1) The militia of this state shall be divided into two parts: the National Guard and the
unorganized militia.
(2) The National Guard shall consist of:
(a) a joint forces headquarters commanded by the adjutant general and authorized a
general officer as deputy commander;
(b) a department for army [and] commanded by a general officer; and
(c) a department for air [with] commanded by a general officer [at the head of each
department and such units as may be allocated to the state. Its].
(3) The numerical strength, composition, distribution, organization, arms, uniforms,
equipment, training and discipline of the National Guard shall be prescribed by the governor in
conformity with the laws and regulations of the United States and the laws of this state.
(4) The unorganized militia shall consist of all members of the militia not members of
the National Guard.
Section 2. Section 39-1-4 is amended to read:
39-1-4. Staff of commander in chief.
(1) The staff of the commander in chief shall consist of the adjutant general, the deputy
commander of the joint forces headquarters, assistant adjutant general for army and the assistant
adjutant general for air and [such] any other members [as he shall choose] chosen from the
officers of the Utah National Guard or active officers of the United States [Army or United States
Air Force] Armed Forces detailed on duty with the militia of the state. [The members of the staff]
(2) The adjutant general and one other general officer shall serve [as such without] with
pay from the state.
Section 3. Section 39-1-18 is amended to read:
39-1-18. Joint forces headquarters deputy commander -- Assistant adjutant
general for the army -- Assistant adjutant general for air -- Officer for permanent duty as

personnel officer.
(1) There is authorized a joint forces headquarters deputy commander.
(a) The adjutant general, with the approval of the governor, may detail the joint forces
headquarters deputy commander.
(b) The deputy commander of the joint forces headquarters shall be a field grade
federally recognized commissioned officer of the Utah National Guard with not less than five
years military service in the armed forces of the state or of the United States, at least three of
which shall have been commissioned in the Utah National Guard. The officer shall:
(i) hold office at the pleasure of the adjutant general; and
(ii) devote all of his time during office hours of the military department to the duties of
the office.
[(1)] (2) There is authorized an assistant adjutant general for the army and an assistant
adjutant general for air.
(a) The adjutant general with the approval of the governor may detail the assistant
adjutant general for the army or the assistant adjutant general for air for permanent duty [at the
officer's office].
(b) The assistant adjutant general for the army [or] and the assistant adjutant general for
air shall be [a] federally recognized field grade commissioned [officer] officers of the Utah
National Guard with not less than five years military service in the armed forces of the state [of
Utah] or of the United States, at least three of which shall have been commissioned in the Utah
National Guard [of Utah, and who shall have reached the grade of field officer]. The officer shall:
(i) hold office at the pleasure of the adjutant general; and
(ii) devote all of his time during office hours of the military department to the duties of
the office.
[(2)] (3) The adjutant general, with the approval of the governor, may detail one officer
of the Utah National Guard for permanent duty as the personnel officer.
(a) The officer shall be a federally recognized commissioned officer, or former federally
recognized commissioned officer, of the Utah National Guard with not less than three years

military service in the armed forces of the state [of Utah] or of the United States, one of which
shall have been commissioned in the Utah National Guard [of Utah].
(b) The officer shall hold office at the pleasure of the adjutant general.
(c) The duties of the personnel officer shall be as the adjutant general may direct, to
include the normal duty of the staff G-1.
(d) The officer shall devote all of his time during the office hours of the military
department to the duties of the office.
Section 4. Section 39-1-24 is amended to read:
39-1-24. Duties of assistant adjutants general.
(1) The joint forces headquarters deputy commander shall serve in the office of the
adjutant general without pay from the state, performing duties assigned him by the adjutant
general.
(2) The assistant adjutant general detailed for permanent duty shall serve in the office of
the adjutant general, [and aid him by] performing [such] duties [as] assigned him by the adjutant
general [may assign to him]. In the absence or disability of the adjutant general he shall perform
the duties of the adjutant general, unless otherwise delegated by the adjutant general to another
qualified officer. The assistant adjutant general detailed for permanent duty shall serve with pay
from the state.
(3) The assistant adjutant general not detailed for permanent duty in the office of the
adjutant general [shall aid him by performing such duties as the adjutant general may assign him,
and he] shall serve [in such position] without pay from the state and perform duties assigned him
by the adjutant general.