39A-1 - Administration

Title 39A > 39A-1

Sections (5)

General Provisions

39A-1-101 - National Guard and Militia Act.

This title governs the Utah National Guard and unorganized militia in accordance with Utah Constitution Article XV.

39A-1-102 - Definitions.

As used in this title: 39A-1-102(1) “Adjutant general” means the commanding general of the Utah National Guard as appointed by the governor under Section 39A-1-201. 39A-1-102(2) “National Guard” means the Utah National Guard created in Section 39A-3-101 and in accordance with Utah Constitution Article XV. 39A-1-102(3) “Utah State Defense Force” or “Defense Force” means the unorganized militia as structured in Chapter 4 of this title.

Adjutant General

39A-1-201 - Adjutant general — Appointment — Term — Qualifications.

39A-1-201(1) There shall be one adjutant general of the National Guard. 39A-1-201(2) Beginning in the calendar year of 2027 and in every fourth year after 2027, the governor shall, in the month of January, appoint an individual who meets the qualifications under this section to serve a four-year term as the adjutant general.The four-year term for the adjutant general appointed under Subsection (2)(a) shall begin on the day of the adjutant general’s appointment.If an individual appointed to serve as the adjutant general for a four-year term under Subsection (2)(a) is removed, resigns, or otherwise vacates the position of adjutant general, the governor may appoint another individual to serve as the adjutant general for the remainder of the unexpired four-year term.If a vacancy in the position of adjutant general occurs before the year of 2027, the governor shall appoint an individual who meets the qualifications under this section to serve as the adjutant general.An adjutant general appointed under Subsection (2)(d)(i) shall serve a term that begins on the day of the adjutant general’s appointment and ends when the governor appoints an adjutant general to a four-year term in January of 2027, as described in Subsection (2)(a). 39A-1-201(3) The adjutant general is the commanding general of the National Guard and the Utah State Defense Force and serves at the pleasure of the governor. 39A-1-201(4) The individual appointed to the office shall:be a citizen of Utah and meet the requirements provided in Title 32, United States Code;be a federally recognized commissioned officer, with the rank of colonel or higher, of the Army National Guard or the Air National Guard with no fewer than five years commissioned service in the National Guard; andas determined by the governor, have sufficient knowledge and experience to command the National Guard. 39A-1-201(5) Active service in the armed forces of the United States may be included in the requirement in Subsection (4)(b), if the officer was a member of the National Guard when the officer entered that service. 39A-1-201(6) The adjutant general shall establish a succession plan consistent with Section 53-2a-804 to ensure the continuity of command. 39A-1-201(7) An officer is no longer eligible to hold the office of adjutant general if the officer is 64 years old or older. 39A-1-201(8) The adjutant general shall ensure the readiness, training, discipline, and operations of the National Guard. 39A-1-201(9) An individual who otherwise meets the qualifications under this section to serve as the adjutant general may serve multiple terms as the adjutant general if appointed by the governor under Subsection (2).

39A-1-202 - Seal of adjutant general.

The seal of the adjutant general shall be circular in form, containing an inner circle. Within the inner circle shall be a shield with “Utah” impressed on the shield, and between the circles shall be impressed “National Guard, Adjutant General.”

39A-1-203 - Director of joint staff — Assistant adjutants general — Chief of staff for the Air Force.

39A-1-203(1) There is authorized an assistant adjutant general for the Army, an assistant adjutant general for the Air Force, a chief of staff for the Air Force, a land component commander, and a director of joint staff. 39A-1-203(2) The adjutant general, with the approval of the governor, may appoint assistant adjutant generals, a chief of staff for the Air Force, a land component commander, and a director of joint staff with pay from the state. 39A-1-203(3) The assistant adjutants general, the chief of staff for the Air Force, the land component commander, and the director of joint staff shall be at least a federally recognized field grade commissioned officer of the Utah National Guard with not less than five years military service in the armed forces of a state or of the United States, at least three of which shall have been commissioned in the Utah National Guard. The officers shall hold office at the pleasure of the adjutant general. 39A-1-203(4) The adjutant general may detail an officer without the required commissioned service in the Utah National Guard to a position in this section only with the written approval of the governor.