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H.B. 391

             1     

NATIONAL GUARD JOINT FORCES HEADQUARTERS

             2     
MODIFICATIONS

             3     
2011 GENERAL SESSION

             4     
STATE OF UTAH

             5     
Chief Sponsor: Val L. Peterson

             6     
Senate Sponsor: Peter C. Knudson

             7     
             8      LONG TITLE
             9      General Description:
             10          This bill modifies officer duties within the Joint Forces Headquarters of the National
             11      Guard.
             12      Highlighted Provisions:
             13          This bill:
             14          .    creates a director of joint staff;
             15          .    puts the director of joint staff under the adjutant general; and
             16          .    provides qualifications.
             17      Money Appropriated in this Bill:
             18          None
             19      Other Special Clauses:
             20          None
             21      Utah Code Sections Affected:
             22      AMENDS:
             23          39-1-12, as last amended by Laws of Utah 2007, Chapter 173
             24          39-1-18, as last amended by Laws of Utah 2005, Chapter 65
             25     
             26      Be it enacted by the Legislature of the state of Utah:
             27          Section 1. Section 39-1-12 is amended to read:


             28           39-1-12. Adjutant general -- Appointment -- Term -- Duties.
             29          (1) [(a)] There shall be one adjutant general appointed by the governor. The adjutant
             30      general is chief of staff and holds office for a term of six years, unless terminated by
             31      resignation, disability, or for cause as determined by a military court or court-martial.
             32          [(b)] (2) The person appointed to the office shall be a citizen of Utah and meet the
             33      requirements provided in Title 32, United States Code. He shall be a federally recognized
             34      commissioned officer of the National Guard of the United States with no fewer than 10 years
             35      commissioned service in the Utah National Guard. Active service in the armed forces of the
             36      United States may be included in this requirement, if the officer was a member of the Utah
             37      National Guard when he entered that service. An officer is no longer eligible to hold the office
             38      of adjutant general after becoming 64 years of age.
             39          [(2) (a) He shall perform duties as are imposed by the laws of this state and the United
             40      States, and by the regulations of the Department of Defense of the United States. However, if
             41      any duties imposed by the statutes of this state at any later time conflict with those imposed by
             42      the laws of the United States, the duties imposed by the statutes of this state, as far as they
             43      conflict, are abrogated.]
             44          [(b) He shall keep rosters of all active, inactive, and retired officers and enlisted men of
             45      the National Guard and shall keep in his office all records, orders, regulations, and papers
             46      pertaining to the National Guard and the militia of this state. He shall, when he considers it
             47      necessary, at the expense of the state purchase or cause to be printed, and issue to members of
             48      the National Guard or other persons, copies of the military law, the various orders of the
             49      Department of Defense of the United States, and other literature he considers best for the
             50      interests of the service.]
             51          [(c) He shall cause to be prepared all blanks, books, forms, and reports necessary to
             52      carry out the provisions of this chapter. The blanks or forms shall be as identical as possible to
             53      those required by the Department of Defense of the United States for use by the regular army or
             54      National Guard.]
             55          [(d) He has, under the direction of the State Armory Board, supervision and charge of
             56      all the armories, warehouses, maintenance and repair shops, hangars, small-arms, artillery and
             57      aircraft ranges, campsites, concentration areas, lands, training facilities, and military
             58      reservations necessary to the military functions of this state. He is responsible for the


             59      protection and safety thereof and shall make rules for the maintenance of order, for the
             60      enforcement of rules as may be ordered for the operation and the repair, care, and preservation
             61      of the facilities and installations belonging to or leased by the state. He may make further
             62      improvement as the good of the service requires.]
             63          [(e) He shall cause to be prepared all blanks, books, forms, notices, and reports to carry
             64      out the provisions of the military laws of this state. The blanks, books, forms, notices, and
             65      reports shall be as identical as possible to those required by the Department of Defense for use
             66      by the Armed Forces of the United States.]
             67          [(f) He shall make and transmit to the federal government the returns required by the
             68      laws of the United States and submit to the governor a certified copy. He shall superintend the
             69      preparation of all returns and reports required by the United States from Utah on military
             70      matters.]
             71          [(g) He shall act as agent for all active, inactive, or retired members of the National
             72      Guard having claims against the United States for pensions, bounty, back pay, or disability
             73      arising from any war, federal service, or training. He shall handle the claims without charge.]
             74          [(h) He shall, on or before January 1 next preceding the general session of the
             75      Legislature, make a full and detailed report to the governor of all transactions of his office,
             76      including related expenses, for the preceding year and shall report at other times and on other
             77      matters as the governor requires or as he considers advisable.]
             78          Section 2. Section 39-1-18 is amended to read:
             79           39-1-18. Director of joint staff -- Assistant adjutant general for the army --
             80      Assistant adjutant general for air -- Commander, land component command -- Officer
             81      for permanent duty as personnel officer.
             82          (1) There is authorized a director of joint [forces headquarters deputy commander]
             83      staff.
             84          (a) The adjutant general, with the approval of the governor, may detail the joint forces
             85      headquarters deputy commander.
             86          (b) The [deputy commander of the] director of joint [forces headquarters] staff shall be
             87      a field grade federally recognized commissioned officer of the Utah National Guard with not
             88      less than five years military service in the armed forces of the state or of the United States, at
             89      least three of which shall have been commissioned in the Utah National Guard. The officer


             90      shall:
             91          (i) hold office at the pleasure of the adjutant general; and
             92          (ii) devote all of his time during office hours of the military department to the duties of
             93      the office.
             94          (2) There is authorized an assistant adjutant general for the army and an assistant
             95      adjutant general for air.
             96          (a) The adjutant general with the approval of the governor may detail the assistant
             97      adjutant general for the army or the assistant adjutant general for air for permanent duty.
             98          (b) The assistant adjutant general for the army and the assistant adjutant general for air
             99      shall be federally recognized field grade commissioned officers of the Utah National Guard
             100      with not less than five years military service in the armed forces of the state or of the United
             101      States, at least three of which shall have been commissioned in the Utah National Guard. The
             102      officer shall:
             103          (i) hold office at the pleasure of the adjutant general; and
             104          (ii) devote all [of his] the time during office hours of the military department to the
             105      duties of the office.
             106          (3) There is authorized a commander, land component command.
             107          (a) The adjutant general, with the approval of the governor, may detail the commander,
             108      land component command.
             109          (b) The commander, land component command shall be a field grade federally
             110      recognized commissioned officer of the Utah National Guard with not less than five years
             111      military service in the armed forces of the state or of the United States, at lease three of which
             112      shall have been commissioned in the Utah National Guard. The officer shall:
             113          (i) hold office at the pleasure of the adjutant general; and
             114          (ii) devote all the time during office hours of the military department to the duties of
             115      the office.
             116          [(3)] (4) The adjutant general, with the approval of the governor, may detail one officer
             117      of the Utah National Guard for permanent duty as the personnel officer.
             118          (a) The officer shall be a federally recognized commissioned officer, or former
             119      federally recognized commissioned officer, of the Utah National Guard with not less than three
             120      years military service in the armed forces of the state or of the United States, one of which shall


             121      have been commissioned in the Utah National Guard.
             122          (b) The officer shall hold office at the pleasure of the adjutant general.
             123          (c) The duties of the personnel officer shall be as the adjutant general may direct, to
             124      include the normal duty of the staff G-1.
             125          (d) The officer shall devote all [of his] the time during the office hours of the military
             126      department to the duties of the office.




Legislative Review Note
    as of 2-15-11 2:19 PM


Office of Legislative Research and General Counsel


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