Representative Paul Ray proposes the following substitute bill:


1     
NATIONAL GUARD GENERAL OFFICER AMENDMENTS

2     
2020 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Paul Ray

5     
Senate Sponsor: Todd Weiler

6     

7     LONG TITLE
8     General Description:
9          This bill modifies benefits received by full-time, state employed general officers of the
10     Utah National Guard.
11     Highlighted Provisions:
12          This bill:
13          ▸     provides that general officers of the Utah National Guard shall receive pay and
14     allowances that are commensurate with their military grade or assigned position,
15     time in grade, and time in service as established in the United States Department of
16     Defense Finance and Accounting Services annual pay and allowances chart; and
17          ▸     makes technical corrections.
18     Money Appropriated in this Bill:
19          None
20     Other Special Clauses:
21          This bill provides a special effective date.
22     Utah Code Sections Affected:
23     AMENDS:
24          39-1-2, as last amended by Laws of Utah 2005, Chapter 65
25          39-1-21, as last amended by Laws of Utah 2012, Chapter 369

26          39-1-24, as last amended by Laws of Utah 2012, Chapter 215
27     

28     Be it enacted by the Legislature of the state of Utah:
29          Section 1. Section 39-1-2 is amended to read:
30          39-1-2. Militia divided into two parts.
31          (1) The militia of this state shall be divided into two parts: the National Guard and the
32     unorganized militia.
33          (2) The National Guard shall consist of:
34          (a) a joint forces headquarters commanded by the adjutant general and authorized a
35     general officer as deputy commander;
36          (b) a department for army commanded by [a general officer] the assistant adjutant
37     general for the army; and
38          (c) a department for air commanded by [a general officer] the assistant adjutant general
39     for air.
40          (3) The numerical strength, composition, distribution, organization, arms, uniforms,
41     equipment, training and discipline of the National Guard shall be prescribed by the governor in
42     conformity with the laws and regulations of the United States and the laws of this state.
43          (4) The unorganized militia shall consist of all members of the militia not members of
44     the National Guard.
45          Section 2. Section 39-1-21 is amended to read:
46          39-1-21. General Officers -- Salary.
47          [The adjutant general] Full-time, state employed general officers shall:
48          (1) receive a salary [established by the governor within the salary range fixed in Title
49     67, Chapter 22, State Officer Compensation]that makes their total federal and state
50     compensation at least commensurate with the pay and allowances for their military grade or
51     assigned position, time in grade, and time in service as established in the United States
52     Department of Defense Finance and Accounting Services annual pay and allowances chart; and
53          (2) devote all of [the adjutant general's] the general officer's time during the office
54     hours of the military department to the duties of [the office] the general officer's respective
55     offices.
56          Section 3. Section 39-1-24 is amended to read:

57          39-1-24. Duties of assistant adjutants general.
58          (1) The assistant adjutant general detailed for permanent duty shall serve in the office
59     of the adjutant general, performing duties assigned him by the adjutant general. In the absence
60     or disability of the adjutant general he shall perform the duties of the adjutant general, unless
61     otherwise delegated by the adjutant general to another qualified officer. The assistant adjutant
62     general detailed for permanent duty shall serve with pay from the state.
63          (2) The assistant adjutant general not detailed for permanent duty in the office of the
64     adjutant general [shall] may serve [without] with pay from the state and perform duties
65     assigned him by the adjutant general.
66          Section 4. Effective date.
67          If approved by two-thirds of all the members elected to each house, this bill takes effect
68     upon approval by the governor, or the day following the constitutional time limit of Utah
69     Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
70     the date of veto override.