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.

Terms Used In Utah Code 39A-3-102

  • National Guard: means the Utah National Guard created in Section 39A-3-101 and in accordance with Utah Constitution Article XV. See Utah Code 39A-1-102
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
(2)  The governor:

(a)  is authorized to issue all 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;

(b)  shall appoint and commission all officers and select all warrant officers, subject to the provisions of Title 32 of the United State Code;

(c)  shall provide facilities, ranges, and training lands as required for the Utah National Guard; and

(d)  may order the National Guard into active service as necessary.

(3)  Notwithstanding Subsection (2)(b), an appointee who fails to receive federal recognition after being notified by the National Guard of the appointment shall revert to the status occupied before the appointment.

Renumbered and Amended by Chapter 373, 2022 General Session