Title 39A, Title 39A: National Guard and Militia Act

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

39A-2-101. State Armory Board -- Creation -- Members -- A body corporate -- Powers -- Expenses. (1) There is created a three member State Armory Board with the following members: the governor; the executive director of the Department of Government Operations; and the adjutant gen…

39A-2-102. Responsibilities of State Armory Board. (1) The board shall supervise and control all facilities, ranges, training lands, and all real property held or acquired for the military purposes of the state. (2) The board may: provide suitable facilities, ranges, and training…

39A-2-103. Political subdivisions and state agencies may assist in erecting facilities. Any political subdivision or state agency may appropriate from any funds available for general purposes funds to assist the State Armory Board in the acquisition, construction, and maintenance…

39A-2-104. Use of armories by veterans organizations permitted. Federally chartered veterans organizations have the right to the use of armories owned or leased by the state at no charge, provided that the use does not interfere with the mission of the Utah National Guard as dete…

39A-3-101. Utah National Guard -- Creation. (1) There is created the Department of the Utah National Guard. (2) The Utah National Guard is commanded by an adjutant general and consists of the following: the joint force headquarters; the Utah Army National Guard, commanded by an a…

39A-3-102. Governor commander in chief -- Powers and duties. (1) The governor by virtue of the governor's office shall be commander in chief of the Utah National Guard. (2) The governor: is authorized to issue all orders, rules and regulations necessary to conform the Utah Nation…

39A-3-103. National Guard subject to call by United States. (1) The National Guard is at all times subject to the call of the President of the United States. (2) When called into the service of the United States, the National Guard is governed by the applicable laws and military …

39A-3-104. Service members -- Appointment and promotion. (1) All officers of the National Guard shall be appointed by the governor and receive a state commission. (2) The power of appointment may be delegated to the adjutant general, and further delegated as the adjutant general …

39A-3-105. General officer salary and benefits. (1) Full-time, state employed general officers or officers appointed to a general officer position shall receive a salary that makes the total federal and state compensation at least commensurate with the pay and allowances for thei…

39A-3-106. State active duty orders. (1) Orders for state duty may be oral or written. (2) Written orders shall be issued by the governor or the adjutant general. (3) An oral order may be delivered by an officer or noncommissioned officer.

39A-3-107. Pay and benefits of National Guard members on state active duty. (1) When called into the service of the state and not in the service of the United States, the members of the National Guard shall: receive at least the same pay and allowance as members of the regular Ar…

39A-3-108. Military property exempt from civil process. Military property issued to or owned by members of the National Guard is exempt from all civil process.

39A-3-109. Loss of property -- Liability. (1) When Utah National Guard federal property is destroyed, damaged, or lost due to the failure of a service member to perform the duties required by law or regulation, the adjutant general may assess financial liability to the service me…

39A-3-110. Utah Code of Military Justice -- Procedures -- Jurisdiction. (1) , is adopted as the Utah Code of Military Justice. Title 39A, Chapter 5 (2) The Utah Code of Military Justice sets forth offenses which, if committed by personnel of the Utah National Guard serving under …

39A-3-111. Military court -- Concurrent prosecutorial jurisdiction with county or district attorney. (1) The county attorney or district attorney, as appropriate under Sectionsand, of the county where an offense under the Utah Code of Military Justice is committed has concurrent …

39A-3-201. Tuition and fees assistance for National Guard members -- Use and allocation -- Appropriation. (1) As used in this section, "fees" means general course fees, in addition to tuition, that are: imposed by an institution of higher education; and required to be paid by a s…

39A-3-202. Pay and care of soldiers and airmen disabled while on state active duty. (1) Before a service member may be considered disabled in accordance with this section, the Adjutant General shall determine whether the service member's illness, injury, or disease was contracted…

39A-3-203. Compensation for injury or death. Within 72 hours of the reported death of a member of the National Guard on state active duty, the state shall provide a death gratuity payment of $100,000 to: (1) the individual designated as the recipient of the member's unpaid pay an…

39A-3-204. National Guard Death Benefit Account. (1) There is created within the General Fund a restricted account known as "National Guard Death Benefit Account." (2) The restricted account shall be funded from funds appropriated by the Legislature. Funds in the restricted accou…

39A-3-205. Recruitment and retention bonus assistance for Utah National Guard members -- Use and allocation -- Appropriation. (1) The Utah National Guard may provide recruitment and retention bonus assistance to a member of the Utah National Guard for the purpose of recruitment a…

39A-4-101. Utah State Defense Force -- How constituted. (1) Unless exempt under Subsection (3), in accordance with the UtahConstitution, Article XV, Section 1, all able-bodied male inhabitants of the state, between the ages of 18 and 45 years old, except such as are exempted by l…

39A-4-102. Governor authorized to organize Utah State Defense Force. (1) The governor, by virtue of the governor's office, may organize and maintain the Utah State Defense Force. (2) The Defense Force may be composed of officers commissioned or assigned, and able-bodied citizens …

39A-4-103. Qualifications of members. An individual may not be commissioned or enlisted in the Defense Force who: (1) is not a citizen of the United States; or (2) has been expelled or dishonorably discharged from any military service.

39A-4-104. Term of force enlistment -- Oaths. (1) An individual may not be enlisted in the Defense Force for more than one year, but an enlistment may be renewed. (2) The oath to be taken upon enlistment in the Defense Force shall be substantially in the form prescribed for enlis…

39A-4-105. Oaths of force officers. The oath to be taken by officers commissioned in the Defense Force shall be substantially in the form prescribed for officers of the National Guard, but substituting the words "Utah State Defense Force," where necessary.

39A-4-106. Compensation of force members. (1) Members of the Utah State Defense Force, when called into active service by the governor, shall receive compensation as prescribed by the governor. (2) The compensation may not exceed the rate of pay prescribed for officers and other …

39A-4-107. No organizations to be enlisted as a unit. A civil organization, society, club, post, order, fraternity, association, brotherhood, body, union, league, or other combination of individuals or civil group may not enlist in the Defense Force as an organization, detachment…

39A-4-108. Service outside state prohibited -- Exceptions. (1) The Defense Force may not be required to serve outside the boundaries of this state unless the governor, in response to a request from the governor of another state through the Emergency Management Assistance Compact,…

39A-4-109. Military court law and rules of National Guard applicable. When the Defense Force or any part of it is ordered to active service, as it applies to the National Guard, and regulations prescribed under it apply to the Utah State Defense Force.

39A-4-110. State Defense Force not subject to United States military service -- Members not exempt from United States military service. (1) This act may not be construed as authorizing the Defense Force to be called, ordered or in any manner drafted, as such into the military ser…

39A-4-111. Governor may requisition arms and equipment from secretary of defense. For the use of the Defense Force, the governor is authorized to requisition from the secretary of defense arms, ammunition, and equipment and to make the facilities and equipment of the National Gua…

39A-4-112. Governor may proclaim martial law. (1) Whenever the Defense Force or any portion of the Defense Force is called into active service, the governor may, by proclamation, declare all or any part of any county, city or town in which the troops are serving to be under marti…

39A-5-101. Utah Code of Military Justice. The "Utah Code of Military Justice" may be abbreviated as the "UtCMJ" and applies to all individuals subject to this title.

39A-5-102. Definitions. As used in this chapter: (1) "Accuser" means an individual who: signs and swears to charges; directs that charges nominally be signed and sworn to by another; or any other individual who has an interest other than an official interest in the prosecution of…

39A-5-103. State staff judge advocate -- Appointment -- Qualifications -- Duties -- Assistants. (1) The adjutant general shall appoint a state staff judge advocate. The state staff judge advocate appointed under Subsectionshall be: (1)(a) an officer of the National Guard; a membe…

39A-5-104. Individuals subject to chapter -- Jurisdiction over offenses. (1) The following individuals are subject to this chapter: all members of the National Guard, including full-time members serving under Title 32, United States Code; and all other individuals lawfully ordere…

39A-5-105. Application of chapter in and outside of the state -- Military courts held outside the state. (1) This chapter applies to all individuals: subject to this chapter within the state; otherwise subject to this chapter while serving outside the state; and while going to an…

39A-5-106. Offenses against the state by individual not subject to chapter. An individual not subject to this chapter is guilty of an offense against the state if the individual willfully neglects or refuses to appear, refuses to qualify as a witness or to testify, or refuses to …

39A-5-107. Apprehension. (1) An individual authorized under this chapter or rules promulgated pursuant to this chapter to apprehend individuals subject to this chapter, any provost marshal of a military court appointed under this chapter, and any peace officer authorized by law, …

39A-5-108. Arrest. (1) An enlisted service member may be ordered into arrest or confinement by any commanding officer by an order, oral or written, delivered in person or through individuals subject to this chapter, or through an individual authorized by this chapter to apprehend…

39A-5-109. Fraudulently obtained discharge -- Desertion -- Limitations -- Tolling of time limits. (1) An individual discharged from the National Guard who is later charged with having fraudulently obtained the discharge is subject to trial by a military court on that charge. (2) …

39A-5-110. Confinement. (1) An individual subject to this chapter, who is charged with an offense under this chapter, may be ordered into arrest or confinement, as circumstances require. When an individual subject to this chapter is placed into arrest or confinement prior to tria…

39A-5-111. Parties under obligation to keep a prisoner -- Reporting. (1) A provost marshal, sheriff, or officer of a city or county jail or penal institution designated under Section, may not refuse to receive or keep any prisoner if the committing officer provides a signed state…

39A-5-112. Individual confined prior to trial -- Punishment limitations. (1) Subject to Section, an individual in confinement prior to trial may not be subjected to punishment or penalty other than arrest or confinement while the charges are pending. 39A-5-110 (2) The arrest or c…

39A-5-113. Individual accused of offense against civilian -- Sentences of military and civilian courts. (1) A service member on duty and subject to this chapter who is accused of an offense against a civilian individual may be delivered, upon request, to a civilian authority for …