39A-5-119. 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 39A-3-102, apply to and govern the National Guard of this state, including all members on active duty within the state as active duty guard or reserve personnel under U.S.C.A. Title 32, National Guard. |
Terms Used In Utah Code 39A-5-119
- Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Utah Code 68-3-12.5
- Military: means any or all of the armed forces of the United States. See Utah Code 39A-5-102
- National Guard: includes part-time and full-time active guard and reserve (AGR), and the Utah State Defense Force when called to active duty by the governor. See Utah Code 39A-5-102
- 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 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 39A-3-102, to govern the National Guard of this state, including all members on active duty within the state as active duty guard or 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. |
|
Renumbered and Amended by Chapter 373, 2022 General Session
