Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 208 (2018GS)

Sponsor

Rep. Peterson, V.

Final action

Governor Signed 3/16/2018

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• updates references and language in the Utah National Guard statutes;
• provides that the adjutant general of the Utah National Guard is the commanding general of the Utah National Guard;
• repeals the Utah Code of Military Justice and adopts the federal Uniform Code of Military Justice; and
• makes technical and conforming corrections.

Every vote on this bill

Bill text

This document includes House Committee Amendments incorporated into the bill on Wed, Jan 31, 2018 at 2:18 PM by lerror.
This document includes House Committee Amendments incorporated into the bill on Wed, Jan 31, 2018 at 2:42 PM by lerror.
This document includes Senate Committee Amendments incorporated into the bill on Mon, Feb 12, 2018 at 9:42 AM by lpoole.
UTAH NATIONAL GUARD AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Val L. Peterson
Senate Sponsor: 
 Peter C. Knudson
LONG TITLE
General Description:
This bill makes changes to the Utah National Guard statutes.
Highlighted Provisions:
This bill:
▸ updates references and language in the Utah National Guard statutes;
▸ provides that the adjutant general of the Utah National Guard is the commanding
general of the Utah National Guard;
▸ repeals the Utah Code of Military Justice and adopts the federal Uniform Code of
Military Justice; and
▸ makes technical and conforming corrections.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
39-1-1
, as last amended by Laws of Utah 2010, Chapter 324
39-1-3
, as last amended by Laws of Utah 1989, Chapter 22
39-1-12
, as last amended by Laws of Utah 2011, Chapter 115
39-6-4
, as enacted by Laws of Utah 1988, Chapter 210
39-6-113
, as last amended by Laws of Utah 2015, Chapter 70
REPEALS AND REENACTS:
39-6-114
, as last amended by Laws of Utah 2015, Chapter 70
REPEALS:
39-6-66
, as enacted by Laws of Utah 1988, Chapter 210
39-6-67
, as last amended by Laws of Utah 1988, Second Special Session, Chapter 9
39-6-68
, as enacted by Laws of Utah 1988, Chapter 210
39-6-69
, as enacted by Laws of Utah 1988, Chapter 210
39-6-70
, as enacted by Laws of Utah 1988, Chapter 210
39-6-71
, as enacted by Laws of Utah 1988, Chapter 210
39-6-72
, as enacted by Laws of Utah 1988, Chapter 210
39-6-73
, as enacted by Laws of Utah 1988, Chapter 210
39-6-74
, as enacted by Laws of Utah 1988, Chapter 210
39-6-75
, as enacted by Laws of Utah 1988, Chapter 210
39-6-76
, as enacted by Laws of Utah 1988, Chapter 210
39-6-77
, as enacted by Laws of Utah 1988, Chapter 210
39-6-78
, as enacted by Laws of Utah 1988, Chapter 210
39-6-79
, as enacted by Laws of Utah 1988, Chapter 210
39-6-80
, as enacted by Laws of Utah 1988, Chapter 210
39-6-81
, as enacted by Laws of Utah 1988, Chapter 210
39-6-82
, as enacted by Laws of Utah 1988, Chapter 210
39-6-83
, as last amended by Laws of Utah 1988, Second Special Session, Chapter 9
39-6-84
, as enacted by Laws of Utah 1988, Chapter 210
39-6-85
, as enacted by Laws of Utah 1988, Chapter 210
39-6-86
, as enacted by Laws of Utah 1988, Chapter 210
39-6-87
, as enacted by Laws of Utah 1988, Chapter 210
39-6-88
, as enacted by Laws of Utah 1988, Chapter 210
39-6-89
, as enacted by Laws of Utah 1988, Chapter 210
39-6-90
, as last amended by Laws of Utah 1988, Second Special Session, Chapter 9
39-6-91
, as enacted by Laws of Utah 1988, Chapter 210
39-6-92
, as enacted by Laws of Utah 1988, Chapter 210
39-6-93
, as last amended by Laws of Utah 2005, Chapter 2
39-6-94
, as enacted by Laws of Utah 1988, Chapter 210
39-6-95
, as enacted by Laws of Utah 1988, Chapter 210
39-6-96
, as enacted by Laws of Utah 1988, Chapter 210
39-6-97
, as enacted by Laws of Utah 1988, Chapter 210
39-6-98
, as enacted by Laws of Utah 1988, Chapter 210
39-6-99
, as enacted by Laws of Utah 1988, Chapter 210
39-6-100
, as enacted by Laws of Utah 1988, Chapter 210
39-6-101
, as enacted by Laws of Utah 1988, Chapter 210
39-6-102
, as enacted by Laws of Utah 1988, Chapter 210
39-6-103
, as enacted by Laws of Utah 1988, Chapter 210
39-6-104
, as enacted by Laws of Utah 1988, Chapter 210
39-6-105
, as enacted by Laws of Utah 1988, Chapter 210
39-6-106
, as enacted by Laws of Utah 1988, Chapter 210
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
39-1-1
 is amended to read:
39-1-1.
Militia -- How constituted -- Persons exempted.
(1) All able-bodied citizens, and all able-bodied persons of foreign birth who have
declared their intention to become citizens, who are 
Ĥ→ [
]
Ŝ→ [
] 
 ←Ŝ
←Ĥ
 years of age
78a 
Ŝ→ [
Ĥ→ 
with parental consent
 ←Ĥ
] ←Ŝ
or older and younger than
Ĥ→ [
] 
 ←Ĥ
 years of age, who are residents of this state, constitute the militia, subject
79a to the following
exemptions:
(a) persons exempted by laws of the United States;
(b) persons exempted by the laws of this state;
(c) all persons who have been honorably discharged from the army, air force, navy,
marines, coast guard,
 or volunteer forces of the United States;
(d) active members of any regularly organized fire or police department in any city or
town, but no member of the active militia is relieved from duty because of his joining any
volunteer fire company or department; 
and
(e) judges and clerks of courts of record, state and county civil officers holding office
by election, state officers appointed by the governor for a specified term of office, ministers of
the gospel, practicing physicians, superintendents, 
and
 officers and assistants of hospitals[
,
] 
and
prisons and jails[
, conductors, brakemen, flagmen, engineers and firemen of railways, and all
other employees of railways actually employed in train service; and
]
.
[
(f) idiots, lunatics, and persons convicted of infamous crime.
]
(2) All exempted persons, except those enumerated in Subsections (1)(a) through [
(f)
]
(e)
, are liable to military duty in case of war, insurrection, invasion, tumult, riot, or public
disaster, or imminent danger of any of these, or after they have voluntarily enlisted in the
National Guard of this state.
Section 2. Section 
39-1-3
 is amended to read:
39-1-3.
Governor commander in chief -- Powers and duties.
(1)
 The governor by virtue of 
Ĥ→ [
his
] 
 the governor's
 ←Ĥ
 office shall be commander
100a in chief of the 
Utah
National Guard and of the unorganized militia, and of any portions of the unorganized militia
which may [
hereafter
] be organized. [
He shall be empowered and
]
(2) The governor:
(a) is
 authorized to issue all [
such
] orders, rules and regulations necessary to conform
the Utah National Guard to Title 32 of the United States Code in its organization, government,
discipline, maintenance, training, equipment, and regulations[
. He
]
;
(b)
 shall appoint and commission all officers and select all warrant officers, subject to
the provisions of Title 32 of the United State Code; provided, that any [
such
] appointee failing
to receive federal recognition after having been [
so
] notified by the National Guard Bureau,
shall revert to status occupied before [
such
] 
the
 appointment[
. He
]
;
(c)
 shall determine and fix the home station and location of the various units of the
Utah National Guard[
. He
]
;
(d)
 shall provide armories, warehouses, maintenance and repair shops, hangars, small
arms, artillery and aircraft ranges, campsites, concentration areas, training facilities, military
reservations and arsenals as required for organizations of the Utah National Guard; and
(e)
 shall furnish suitable offices, or office space for regular army personnel assigned to
duties with the Utah National Guard[
;
]
,
 the expenses of which may be paid out of the state
military appropriations.
Section 3. Section 
39-1-12
 is amended to read:
39-1-12.
Adjutant general -- Appointment -- Term.
(1) There shall be one adjutant general appointed by the governor. The adjutant general
is [
chief of staff
] 
the commanding general
 and holds office for a term of six years, unless
terminated by resignation, disability, or for cause as determined by a military court or
court-martial.
(2) The person appointed to the office shall
:
(a)
 be a citizen of Utah and meet the requirements provided in Title 32, United States
Code[
. He shall
]
;
(b)
 be a federally recognized commissioned officer of the National Guard of the United
States with no fewer than [
] 
five
 years commissioned service in the Utah National Guard[
.
]
;
and
(c) as determined by the governor, have sufficient knowledge and experience to
command the Utah National Guard.
(3)
 Active service in the armed forces of the United States may be included in [
this
] 
the
requirement 
in Subsection (2)(b)
, if the officer was a member of the Utah National Guard when
[
he
] 
the officer
 entered that service.
(4)
 An officer is no longer eligible to hold the office of adjutant general after
[
becoming 64
] 
attaining 66
 years of age.
Section 4. Section 
39-6-4
 is amended to read:
39-6-4.
Fraudulently obtained discharge -- Desertion.
(1) A person discharged from the 
Utah
 National Guard who is later charged with
having fraudulently obtained the discharge is[
, subject to Section 
39-6-72
,
] subject to trial by a
military court on that charge.
(2) After apprehension, [
he
] 
the person
 is subject to this chapter while in military
custody for trial. Upon conviction of that charge [
he
] 
the person
 is subject to trial for all
offenses under this chapter committed prior to 
the
 fraudulent discharge.
(3) A person who has deserted from a military unit, which act would subject [
him
] 
the
person
 to the jurisdiction of this chapter, is not relieved from the jurisdiction of this chapter due
to a separation from any later period of service.
Section 5. Section 
39-6-113
 is amended to read:
39-6-113.
Jurisdiction over offenses.
(1) A member may not be tried or punished by court-martial or non-judicial
punishment respectively for any offense [
under Sections 
39-6-66
 through 
39-6-106
,
] unless the
offense was committed while the member was in a military duty status under Title 32, United
States Code, or while on state active duty orders.
(2) Nothing in this section shall limit a commander's authority to use adverse
administrative action to address misconduct by a member, regardless of the member's status at
the time of the misconduct.
Section 6. Section 
39-6-114
 is repealed and reenacted to read:
 39-6-114.
Chapter interpretation -- Federal law governs.
(1) Federal laws and regulations, forms, precedents, and usages relating to and
governing the armed forces of the United States and the National Guard not inconsistent with
the constitution and laws of this state or with a rule or regulation adopted pursuant to Section
39-1-3
, apply to and govern the National Guard of this state, including all members on active
duty within the state as active duty guard/reserve personnel under U.S.C.A. Title 32, National
Guard.
(2) The Uniform Code of Military Justice, 10 U.S.C.A. 47, including regulations,
manuals, forms, precedents, and usages implementing, interpreting and complementing the
code, is adopted for use by the National Guard of this state and applies as long as it is not
inconsistent with:
(a) the constitution and laws of this state, including the regulations, manuals, forms,
precedents, and usages implementing, interpreting, and complementing the constitution and
laws of this state; or
(b) a rule or regulation adopted pursuant to Section 
39-1-3
, to govern the National
Guard of this state, including all members on active duty within the state as active duty
guard/reserve personnel under U.S.C.A. Title 32, National Guard, when the members are
serving other than in a federal capacity under U.S.C.A. Title 10.
Section 7. 
Repealer.
This bill repeals:
Section 
39-6-66
,
Principal defined.
Section 
39-6-67
,
Accessory after the fact.
Section 
39-6-68
,
Conviction of lesser included offense or attempt.
Section 
39-6-69
,
Attempt.
Section 
39-6-70
,
Conspiracy.
Section 
39-6-71
,
Solicitation of desertion, mutiny, or other act of misconduct.
Section 
39-6-72
,
Fraudulent enlistment, appointment, or separation.
Section 
39-6-73
,
Unlawful enlistment, appointment, or separation of another.
Section 
39-6-74
,
Desertion.
Section 
39-6-75
,
Absence without leave.
Section 
39-6-76
,
Missing movement.
Section 
39-6-77
,
Contempt toward officials.
Section 
39-6-78
,
Disrespect toward superior officer.
Section 
39-6-79
,
Assault or willful disobedience of an officer.
Section 
39-6-80
,
Assault or willful disobedience of subordinate officer.
Section 
39-6-81
,
Failure to obey order or regulation.
Section 
39-6-82
,
Cruelty -- Maltreatment.
Section 
39-6-83
,
Mutiny -- Sedition.
Section 
39-6-84
,
Breaking arrest or confinement.
Section 
39-6-85
,
Releasing prisoner without proper authority -- Allowing escape.
Section 
39-6-86
,
Unlawful detention.
Section 
39-6-87
,
Delay in disposition of case or noncompliance with chapter.
Section 
39-6-88
,
Forcing a safeguard.
Section 
39-6-89
,
Signing a false record.
Section 
39-6-90
,
Sale, waste, or destruction of military property.
Section 
39-6-91
,
Waste or destruction of nonmilitary property.
Section 
39-6-92
,
Improper hazarding of vessel.
Section 
39-6-93
,
Intoxicated or reckless driving.
Section 
39-6-94
,
Intoxicated on duty -- Sentinel or lookout.
Section 
39-6-95
,
Malingering.
Section 
39-6-96
,
Riot -- Breach of peace.
Section 
39-6-97
,
Provoking speeches or gestures.
Section 
39-6-98
,
Theft -- Wrongful conversion.
Section 
39-6-99
,
Aggravated arson -- Arson.
Section 
39-6-100
,
Extortion.
Section 
39-6-101
,
Assault -- Aggravated assault.
Section 
39-6-102
,
Housebreaking.
Section 
39-6-103
,
Perjury.
Section 
39-6-104
,
Fraudulent claim against government.
Section 
39-6-105
,
Conduct unbecoming an officer.
Section 
39-6-106
,
Acts discrediting National Guard.
Legislative Review Note
Office of Legislative Research and General Counsel