Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 280 (2015GS)

Sponsor

Rep. Peterson, V.

Final action

Governor Signed 3/23/2015

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• eliminates the term "deputy commander" and replaces it with "director of joint staff";
• clarifies that a general grade officer may fill the position of the Utah Air National Guard's chief of staff; and
• makes technical corrections.

Every vote on this bill

Bill text

UTAH NATIONAL GUARD COMMAND STRUCTURE
AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Val L. Peterson
Senate Sponsor: 
Margaret Dayton
LONG TITLE
General Description:
This bill updates terms of usage for describing certain military positions.
Highlighted Provisions:
This bill:
▸ eliminates the term "deputy commander" and replaces it with "director of joint
staff";
▸ clarifies that a general grade officer may fill the position of the Utah Air National
Guard's chief of staff; and
▸ makes technical corrections.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
39-1-18
, as last amended by Laws of Utah 2012, Chapter 215
39-1-32
, as last amended by Laws of Utah 1963, Chapter 61
39-6-2
, as last amended by Laws of Utah 2008, Chapter 287
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
39-1-18
 is amended to read:
39-1-18.
Director of joint staff -- Assistant adjutant general for the army --
Assistant adjutant general for air -- Commander, land component command -- Chief of
staff for air -- Officer for permanent duty as personnel officer.
(1) There is authorized a director of joint staff.
(a) The adjutant general, with the approval of the governor, may detail the joint forces
headquarters [
deputy commander
] 
director of joint staff
.
(b) The director of joint staff shall be 
at least
 a field grade federally recognized
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 officer shall:
(i) hold office at the pleasure of the adjutant general; and
(ii) devote all the time during office hours of the military department to the duties of
the office.
(2) There is authorized an assistant adjutant general for the army and an assistant
adjutant general for air.
(a) The adjutant general with the approval of the governor may detail the assistant
adjutant general for the army or the assistant adjutant general for air for permanent duty.
(b) The assistant adjutant general for the army and the assistant adjutant general for air
shall be 
at least
 federally recognized field grade commissioned officers 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 officer shall:
(i) hold office at the pleasure of the adjutant general; and
(ii) devote all the time during office hours of the military department to the duties of
the office.
(3) There is authorized a commander, land component command.
(a) The adjutant general, with the approval of the governor, may detail the commander,
land component command.
(b) The commander, land component command shall be 
at least
 a field grade federally
recognized 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 officer shall:
(i) hold office at the pleasure of the adjutant general; and
(ii) devote all the time during office hours of the military department to the duties of
the office.
(4) There is authorized a chief of staff for air.
(a) The adjutant general, with the approval of the governor, may detail the chief of staff
for air.
(b) The chief of staff for air shall be 
at least
 a field grade federally recognized
commissioned officer of the Utah National Guard with not less than five years of 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 [
Air
] 
Utah
 National Guard [
of the United States
]. The officer shall:
(i) hold office at the pleasure of the adjutant general; and
(ii) devote all the time during office hours of the military department to the duties of
the office.
(5) The adjutant general, with the approval of the governor, may detail one officer or
retired officer of the Utah National Guard for permanent duty as the personnel officer.
(a) The officer shall be a federally recognized commissioned officer, or former
federally recognized commissioned officer, of the Utah National Guard with not less than three
years military service in the armed forces of a state or of the United States, at least one of
which shall have been commissioned in the Utah National Guard.
(b) The officer shall hold office at the pleasure of the adjutant general.
(c) The duties of the personnel officer shall be as the adjutant general may direct, to
include the normal duty of the staff G-1.
(d) The officer shall devote all the time during office hours of the military department
to the duties of the office.
(e) A former federally recognized retired officer may serve in this capacity while
awaiting a finding of indispensability.
(6) 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 written approval of
the governor.
Section 2. Section 
39-1-32
 is amended to read:
39-1-32.
National Guard -- Enlistment -- Qualifications -- Discharge.
Any [
male
] 
person
 between the ages of 18 and 45 years, who is a citizen of the United
States or who has declared [
his
] 
an
 intention to become a citizen, not prohibited by the laws of
the state or of the United States, may be enlisted in the National Guard, subject to such physical
and other examinations as may be prescribed by the National Guard Bureau. [
All persons
herein named who shall enlist
] 
A person who enlists
 in the National Guard shall take and
subscribe the oath provided by the laws of the United States[
,
] and upon so doing shall become
[
members
] 
a member
 of the National Guard for [
such
] 
the
 period [
as may be
] prescribed by the
laws of the United States, unless sooner discharged. [
Enlisted men
] 
An enlisted person
 may be
discharged as provided by the laws of the United States and regulations of the National Guard
Bureau.
Section 3. Section 
39-6-2
 is amended to read:
39-6-2.
Definitions.
As used in this chapter:
(1) "Accuser" means a person who:
(a) signs and swears to charges;
(b) directs that charges nominally be signed and sworn to by another; or
(c) any other person who has an interest other than an official interest in the
prosecution of the accused.
(2) "Commanding officer" means both a commissioned officer and a warrant officer
designated as a commander.
(3) "Commissioned officer" includes a commissioned warrant officer.
(4) "Convening authority" means the governor or the adjutant general.
(5) "Duty status other than state active duty" means any other type of duty, and
includes going to and returning from the duty.
(6) "Enlisted member" means a person in an enlisted grade.
(7) "Grade" means a step or degree in a graduated scale of office or military rank,
established and designated as a grade by law or regulation.
(8) "Legal officer" means any commissioned officer of the organized National Guard
of the state designated to perform legal duties for a command.
(9) "Major command" or "MACOM" means a major subdivision of the Utah National
Guard.
(10) "Military" means any or all of the armed forces of the United States.
(11) "Military court" means a court-martial, a court of inquiry, or a provost court.
(12) "Military judge" means a qualified staff judge advocate officer of a military court
detailed under Section 
39-6-20
.
(13) "National Guard" means the Utah Army and Air National Guard, including
part-time and full-time active guard and reserve (AGR), and includes the Utah unorganized
militia when called to active duty by the governor of the state.
(14) "Officer" means commissioned or warrant officer.
(15) "Rank" means the order of precedence among members of the armed forces.
(16) "State active duty" means full-time duty in the active military service of the state
under an order of the governor, issued pursuant to the governor's authority, and includes going
to and returning from the duty.
(17) "State judge advocate" or "SJA" means the commissioned 
judge advocate
general's corps
 officer responsible for supervising the [
administration of the military justice
]
delivery of legal services
 in the National Guard[
, and qualified and designated as judge
advocate general corps officer
].
(18) "State staff judge advocate" or "SSJA" means the commissioned judge advocate
general's corps officer appointed as the senior legal officer for the Utah National Guard.
[
(18)
] 
(19)
 "Superior commissioned officer" means a commissioned officer superior to
another in rank or command.
[
(19) "UCMJ"
] 
(20) "UtCMJ"
 means Title 39, Chapter 6, Utah Code of Military
Justice.