39-1-12 - Adjutant general -- Appointment -- Term -- Duties.
39-1-12. Adjutant general -- Appointment -- Term -- Duties.
(1) (a) There shall be one adjutant general appointed by the governor. The adjutantgeneral is chief of staff 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.
(b) The person appointed to the office shall be a citizen of Utah and meet therequirements provided in Title 32, United States Code. He shall be a federally recognizedcommissioned officer of the National Guard of the United States with no fewer than 10 yearscommissioned service in the Utah National Guard. Active service in the armed forces of theUnited States may be included in this requirement, if the officer was a member of the UtahNational Guard when he entered that service. An officer is no longer eligible to hold the officeof adjutant general after becoming 64 years of age.
(2) (a) He shall perform duties as are imposed by the laws of this state and the UnitedStates, and by the regulations of the Department of Defense of the United States. However, ifany duties imposed by the statutes of this state at any later time conflict with those imposed bythe laws of the United States, the duties imposed by the statutes of this state, as far as theyconflict, are abrogated.
(b) He shall keep rosters of all active, inactive, and retired officers and enlisted men ofthe National Guard and shall keep in his office all records, orders, regulations, and paperspertaining to the National Guard and the militia of this state. He shall, when he considers itnecessary, at the expense of the state purchase or cause to be printed, and issue to members of theNational Guard or other persons, copies of the military law, the various orders of the Departmentof Defense of the United States, and other literature he considers best for the interests of theservice.
(c) He shall cause to be prepared all blanks, books, forms, and reports necessary to carryout the provisions of this chapter. The blanks or forms shall be as identical as possible to thoserequired by the Department of Defense of the United States for use by the regular army orNational Guard.
(d) He has, under the direction of the State Armory Board, supervision and charge of allthe armories, warehouses, maintenance and repair shops, hangars, small-arms, artillery andaircraft ranges, campsites, concentration areas, lands, training facilities, and military reservationsnecessary to the military functions of this state. He is responsible for the protection and safetythereof and shall make rules for the maintenance of order, for the enforcement of rules as may beordered for the operation and the repair, care, and preservation of the facilities and installationsbelonging to or leased by the state. He may make further improvement as the good of the servicerequires.
(e) He shall cause to be prepared all blanks, books, forms, notices, and reports to carryout the provisions of the military laws of this state. The blanks, books, forms, notices, and reportsshall be as identical as possible to those required by the Department of Defense for use by theArmed Forces of the United States.
(f) He shall make and transmit to the federal government the returns required by the lawsof the United States and submit to the governor a certified copy. He shall superintend thepreparation of all returns and reports required by the United States from Utah on military matters.
(g) He shall act as agent for all active, inactive, or retired members of the National Guardhaving claims against the United States for pensions, bounty, back pay, or disability arising fromany war, federal service, or training. He shall handle the claims without charge.
(h) He shall, on or before January 1 next preceding the general session of the Legislature,make a full and detailed report to the governor of all transactions of his office, including relatedexpenses, for the preceding year and shall report at other times and on other matters as thegovernor requires or as he considers advisable.
Amended by Chapter 173, 2007 General Session