This document includes Senate Committee Amendments incorporated into the bill on Wed, Feb 25, 2015 at 1:03 PM by lpoole.
1 2
3
4
5
6
7
8 LONG TITLE
9 General Description:
10 This bill updates terms of usage for describing certain military positions.
11 Highlighted Provisions:
12 This bill:
13 ▸ eliminates the term "deputy commander" and replaces it with "director of joint
14 staff";
15 ▸ clarifies that a general grade officer may fill the position of the Utah Air National
16 Guard's chief of staff; and
17 ▸ makes technical corrections.
18 Money Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 AMENDS:
24 39-1-18, as last amended by Laws of Utah 2012, Chapter 215
25 39-1-32, as last amended by Laws of Utah 1963, Chapter 61
26 39-6-2, as last amended by Laws of Utah 2008, Chapter 287
27
28 Be it enacted by the Legislature of the state of Utah:
29 Section 1. Section 39-1-18 is amended to read:
30 39-1-18. Director of joint staff -- Assistant adjutant general for the army --
31 Assistant adjutant general for air -- Commander, land component command -- Chief of
32 staff for air -- Officer for permanent duty as personnel officer.
33 (1) There is authorized a director of joint staff.
34 (a) The adjutant general, with the approval of the governor, may detail the joint forces
35 headquarters [
36 (b) The director of joint staff shall be at least a field grade federally recognized
37 commissioned officer of the Utah National Guard with not less than five years military service
38 in the armed forces of a state or of the United States, at least three of which shall have been
39 commissioned in the Utah National Guard. The officer shall:
40 (i) hold office at the pleasure of the adjutant general; and
41 (ii) devote all the time during office hours of the military department to the duties of
42 the office.
43 (2) There is authorized an assistant adjutant general for the army and an assistant
44 adjutant general for air.
45 (a) The adjutant general with the approval of the governor may detail the assistant
46 adjutant general for the army or the assistant adjutant general for air for permanent duty.
47 (b) The assistant adjutant general for the army and the assistant adjutant general for air
48 shall be at least federally recognized field grade commissioned officers of the Utah National
49 Guard with not less than five years military service in the armed forces of a state or of the
50 United States, at least three of which shall have been commissioned in the Utah National
51 Guard. The officer shall:
52 (i) hold office at the pleasure of the adjutant general; and
53 (ii) devote all the time during office hours of the military department to the duties of
54 the office.
55 (3) There is authorized a commander, land component command.
56 (a) The adjutant general, with the approval of the governor, may detail the commander,
57 land component command.
58 (b) The commander, land component command shall be at least a field grade federally
59 recognized commissioned officer of the Utah National Guard with not less than five years
60 military service in the armed forces of a state or of the United States, at least three of which
61 shall have been commissioned in the Utah National Guard. The officer shall:
62 (i) hold office at the pleasure of the adjutant general; and
63 (ii) devote all the time during office hours of the military department to the duties of
64 the office.
65 (4) There is authorized a chief of staff for air.
66 (a) The adjutant general, with the approval of the governor, may detail the chief of staff
67 for air.
68 (b) The chief of staff for air shall be at least a field grade federally recognized
69 commissioned officer of the Utah National Guard with not less than five years of military
70 service in the armed forces of a state or of the United States, at least three of which shall have
71 been commissioned in the Ŝ→ [
71a officer shall:
72 (i) hold office at the pleasure of the adjutant general; and
73 (ii) devote all the time during office hours of the military department to the duties of
74 the office.
75 (5) The adjutant general, with the approval of the governor, may detail one officer or
76 retired officer of the Utah National Guard for permanent duty as the personnel officer.
77 (a) The officer shall be a federally recognized commissioned officer, or former
78 federally recognized commissioned officer, of the Utah National Guard with not less than three
79 years military service in the armed forces of a state or of the United States, at least one of
80 which shall have been commissioned in the Utah National Guard.
81 (b) The officer shall hold office at the pleasure of the adjutant general.
82 (c) The duties of the personnel officer shall be as the adjutant general may direct, to
83 include the normal duty of the staff G-1.
84 (d) The officer shall devote all the time during office hours of the military department
85 to the duties of the office.
86 (e) A former federally recognized retired officer may serve in this capacity while
87 awaiting a finding of indispensability.
88 (6) The adjutant general may detail an officer without the required commissioned
89 service in the Utah National Guard to a position in this section only with written approval of
90 the governor.
91 Section 2. Section 39-1-32 is amended to read:
92 39-1-32. National Guard -- Enlistment -- Qualifications -- Discharge.
93 Any [
94 States or who has declared [
95 the state or of the United States, may be enlisted in the National Guard, subject to such physical
96 and other examinations as may be prescribed by the National Guard Bureau. [
97
98 subscribe the oath provided by the laws of the United States[
99 [
100 laws of the United States, unless sooner discharged. [
101 discharged as provided by the laws of the United States and regulations of the National Guard
102 Bureau.
103 Section 3. Section 39-6-2 is amended to read:
104 39-6-2. Definitions.
105 As used in this chapter:
106 (1) "Accuser" means a person who:
107 (a) signs and swears to charges;
108 (b) directs that charges nominally be signed and sworn to by another; or
109 (c) any other person who has an interest other than an official interest in the
110 prosecution of the accused.
111 (2) "Commanding officer" means both a commissioned officer and a warrant officer
112 designated as a commander.
113 (3) "Commissioned officer" includes a commissioned warrant officer.
114 (4) "Convening authority" means the governor or the adjutant general.
115 (5) "Duty status other than state active duty" means any other type of duty, and
116 includes going to and returning from the duty.
117 (6) "Enlisted member" means a person in an enlisted grade.
118 (7) "Grade" means a step or degree in a graduated scale of office or military rank,
119 established and designated as a grade by law or regulation.
120 (8) "Legal officer" means any commissioned officer of the organized National Guard
121 of the state designated to perform legal duties for a command.
122 (9) "Major command" or "MACOM" means a major subdivision of the Utah National
123 Guard.
124 (10) "Military" means any or all of the armed forces of the United States.
125 (11) "Military court" means a court-martial, a court of inquiry, or a provost court.
126 (12) "Military judge" means a qualified staff judge advocate officer of a military court
127 detailed under Section 39-6-20.
128 (13) "National Guard" means the Utah Army and Air National Guard, including
129 part-time and full-time active guard and reserve (AGR), and includes the Utah unorganized
130 militia when called to active duty by the governor of the state.
131 (14) "Officer" means commissioned or warrant officer.
132 (15) "Rank" means the order of precedence among members of the armed forces.
133 (16) "State active duty" means full-time duty in the active military service of the state
134 under an order of the governor, issued pursuant to the governor's authority, and includes going
135 to and returning from the duty.
136 (17) "State judge advocate" or "SJA" means the commissioned judge advocate
137 general's corps officer responsible for supervising the [
138 delivery of legal services in the National Guard[
139
140 (18) "State staff judge advocate" or "SSJA" means the commissioned judge advocate
141 general's corps officer appointed as the senior legal officer for the Utah National Guard.
142 [
143 another in rank or command.
144 [
145 Justice.
Legislative Review Note
as of 2-4-15 6:15 PM
Office of Legislative Research and General Counsel