39A-1-201. Adjutant general -- Appointment -- Term -- Qualifications.

458 words·~2 min read·/ut/title-39a/chapter-1/39a-1-201

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/7/2025

(1)There shall be one adjutant general of the National Guard.

(a)Beginning in the calendar year of 2027 and in every fourth year after 2027, the governor shall, in the month of January, appoint an individual who meets the qualifications under this section to serve a four-year term as the adjutant general.

(b)The four-year term for the adjutant general appointed under Subsection (2)(a) shall begin on the day of the adjutant general's appointment.

(c)If an individual appointed to serve as the adjutant general for a four-year term under Subsection (2)(a) is removed, resigns, or otherwise vacates the position of adjutant general, the governor may appoint another individual to serve as the adjutant general for the remainder of the unexpired four-year term.

(i)If a vacancy in the position of adjutant general occurs before the year of 2027, the governor shall appoint an individual who meets the qualifications under this section to serve as the adjutant general.

(ii)An adjutant general appointed under Subsection

(2)(d)(i) shall serve a term that begins on the day of the adjutant general's appointment and ends when the governor appoints an adjutant general to a four-year term in January of 2027, as described in Subsection (2)(a) .

(3)The adjutant general is the commanding general of the National Guard and the Utah State Defense Force and serves at the pleasure of the governor.

(4)The individual appointed to the office shall:

(a)be a citizen of Utah and meet the requirements provided in Title 32, United States Code;

(b)be a federally recognized commissioned officer, with the rank of colonel or higher, of the Army National Guard or the Air National Guard with no fewer than five years commissioned service in the National Guard; and

(c)as determined by the governor, have sufficient knowledge and experience to command the National Guard.

(5)Active service in the armed forces of the United States may be included in the requirement in Subsection (4)(b), if the officer was a member of the National Guard when the officer entered that service.

(6)The adjutant general shall establish a succession plan consistent with Section 53-2a-804 to ensure the continuity of command.

(7)An officer is no longer eligible to hold the office of adjutant general if the officer is 64 years old or older.

(8)The adjutant general shall ensure the readiness, training, discipline, and operations of the National Guard.

(9)An individual who otherwise meets the qualifications under this section to serve as the adjutant general may serve multiple terms as the adjutant general if appointed by the governor under Subsection

(2).

Amended by Chapter 257 , 2025 General Session