reglab/housing_qa huggingface dataset:
UT Code § 39-1-28 (2021)
2021 Utah Code|Title 39 - Militia and Armories|Chapter 1 - State Militia|Section 28 - Loss of property -- Liability.

39-1-28. Loss of property -- Liability.  Whenever it shall have been finally determined in the manner provided by law or regulation by action of the departments of the army or the air force, that the loss, damage or destruction of federal property for which any officer shall be responsible or accountable shall have been occasioned by or through the failure of any officer to perform the duties required of him by law or regulation; or when it shall have been finally determined, in the case of state property, by the adjutant general that any state property for which any officer shall be accountable or responsible shall have been lost, damaged or destroyed by or through the failure of any officer to perform the duties required of him by law or regulation, such determination by the departments of the army or the air force or adjutant general, as the case may be, shall be prima facie evidence against such officer and his sureties of such failure, and the record of such determination, properly authenticated under the seal of the adjutant general, shall be admissible in evidence for the purpose of establishing such failure and such determination in any action against any officer and/or his sureties.  Amended by Chapter 61, 1963 General Session
UT Code § 39-1-29 (2021)
2021 Utah Code|Title 39 - Militia and Armories|Chapter 1 - State Militia|Section 29 - Organization of National Guard controlled by federal law.

39-1-29. Organization of National Guard controlled by federal law.  The organization of the National Guard, including the composition of all units thereof, shall be such as is or may hereafter be prescribed for this state by federal law. The location of units including headquarters shall, when not otherwise prescribed by federal law, be fixed by the governor on the recommendation of the adjutant general.  No Change Since 1953
UT Code § 39-1-30 (2021)
2021 Utah Code|Title 39 - Militia and Armories|Chapter 1 - State Militia|Section 30 - Officers of National Guard -- Commissions.

39-1-30. Officers of National Guard -- Commissions.    (1) All officers of the National Guard shall be appointed by the governor, subject to the approval of the National Guard Bureau, or subject to approval as prescribed by the laws of the United States or related rules or regulations governing the National Guard.     (2) An officer may not be commissioned unless he successfully passes tests, both physical and mental, as prescribed by the National Guard Bureau, and unless he has taken the oath prescribed by the laws of the United States, is a citizen of the United States, and has been selected from one of the following classes:   (a) officers or enlisted members of the National Guard;     (b) officers on the reserve or unassigned list of the National Guard;     (c) officers active or retired;     (d) former officers of the United States Army, Air Force, Navy, Marine Corps, or National Guard;     (e) graduates from the service of the United States military, air, and naval academies, or graduates of schools, colleges, and universities where a course in military science, as prescribed by the National Guard Bureau, is taught under the supervision of an officer of the regular army or regular air force; and     (f) for the technical branches and staff corps or departments, other civilians as are especially qualified for that duty.       (3) However, officers appointed to staff corps or departments, or other staff positions, including officers of the pay, inspection, subsistence, and medical departments, shall have had previous military experience, and hold their positions until they shall have reached 64 years of age, unless separated prior to that time by resignation, disability, or for other causes to be determined by a military court, court-martial, or other legally organized board convened for that purpose. Vacancies among these officers shall be filled by appointment as provided in this section.    Amended by Chapter 22, 1989 General Session
UT Code § 39-1-31 (2021)
2021 Utah Code|Title 39 - Militia and Armories|Chapter 1 - State Militia|Section 31 - Commissions to officers -- Relative rank.

39-1-31. Commissions to officers -- Relative rank.  Commissions shall be issued under the seal of the adjutant general, signed by the governor and countersigned by the adjutant general. They may be vacated in such manner as is now or shall hereafter be provided by law in regard to commissions of the regular army or regular air force and the National Guard of the United States. The relative rank of officers of the same grade shall be determined by length of service in that grade, whether continuous or not, and if the length of service of two or more officers is the same, their rank shall be determined by lot.  Amended by Chapter 61, 1963 General Session
UT Code § 39-1-32 (2021)
2021 Utah Code|Title 39 - Militia and Armories|Chapter 1 - State Militia|Section 32 - National Guard -- Enlistment -- Qualifications -- Discharge.

 Effective 5/12/2015  39-1-32. National Guard -- Enlistment -- Qualifications -- Discharge.  Any person between the ages of 18 and 45 years, who is a citizen of the United States or who has declared an intention to become a citizen, not prohibited by the laws of the state or of the United States, may be enlisted in the National Guard, subject to such physical and other examinations as may be prescribed by the National Guard Bureau. A person who enlists in the National Guard shall take and subscribe the oath provided by the laws of the United States and upon so doing shall become a member of the National Guard for the period prescribed by the laws of the United States, unless sooner discharged. An enlisted person may be discharged as provided by the laws of the United States and regulations of the National Guard Bureau. Amended by Chapter 83, 2015 General Session
UT Code § 39-1-33 (2021)
2021 Utah Code|Title 39 - Militia and Armories|Chapter 1 - State Militia|Section 33 - Noncommissioned officers.

39-1-33. Noncommissioned officers.  The appointment and reduction of noncommissioned officers shall be made in the same manner as in the regular army or the regular air force of the United States.  Amended by Chapter 61, 1963 General Session
UT Code § 39-1-34 (2021)
2021 Utah Code|Title 39 - Militia and Armories|Chapter 1 - State Militia|Section 34 - Excuse from drill -- Furloughs and leaves of absence.

39-1-34. Excuse from drill -- Furloughs and leaves of absence.  Unless otherwise provided by the laws of the United States or the regulations of the National Guard Bureau, the commanding officer of any troop, battery, group, squadron or other unit shall have power, for good and sufficient reason, to excuse members of his organization from attendance at drill; he shall also have power to grant furloughs and leaves of absence, by and with the consent of the adjutant general.  Amended by Chapter 61, 1963 General Session
UT Code § 39-1-35 (2021)
2021 Utah Code|Title 39 - Militia and Armories|Chapter 1 - State Militia|Section 35 - State employees in National Guard -- Care of dependents when called into service.

39-1-35. State employees in National Guard -- Care of dependents when called into service.  If the National Guard of this state is called into the service of the state, the state shall provide for the dependents of state employees who are enlisted members of the National Guard so called into service. The Board of Examiners shall cause an examination to be made into the merits of all cases of alleged dependency, and upon finding that any mother, father, grandfather, grandmother, wife, sister, brother or child of such member of the National Guard, or any or either of them, are dependent upon such member for support, the Board of Examiners shall determine the amount to be paid by the state to any such dependent, and shall cause the state auditor to draw his warrant on the state treasurer for such sum in favor of such specific and determined dependents, payable out of any amounts available for military purposes or for the maintenance and support of the National Guard. If there are not sufficient funds available to pay for the necessary support of all the dependents determined and specified by the board of examiners, the funds available shall be prorated among the dependents specified by the Board of Examiners. The Board of Examiners in specifying the amounts to be paid to such dependents may provide for a payment on a weekly or monthly basis and on such conditions as it may deem best in each particular case.  Amended by Chapter 174, 1981 General Session
UT Code § 39-1-36 (2021)
2021 Utah Code|Title 39 - Militia and Armories|Chapter 1 - State Militia|Section 36 - Reserve member of armed forces -- Leave of absence from employment -- Liability of employers.

39-1-36. Reserve member of armed forces -- Leave of absence from employment -- Liability of employers.    (1) Any member of a reserve component of the armed forces of the United States who pursuant to military orders enters active duty, active duty for training, inactive duty training, or state active duty shall upon request be granted a leave of absence from employment, but for no more than five years.     (2) Upon satisfactory release from the training or from hospitalization incidental to the training, the member shall be permitted to return to the prior employment with the seniority, status, pay, and vacation the member would have had as an employee if he had not been absent for military purposes.     (3) Any employer who willfully deprives an employee who is absent as a member under Subsection (1) of any of the benefits under Subsection (2) or discriminates in hiring for any employment position, public or private, based on membership in any reserve component of the armed forces, is guilty of a class B misdemeanor.    Amended by Chapter 15, 1989 General Session
UT Code § 39-1-37 (2021)
2021 Utah Code|Title 39 - Militia and Armories|Chapter 1 - State Militia|Section 37 - Military duties.

39-1-37. Military duties.  Participation in public ceremonies and parades and other duties in the service of the state shall be deemed military duties of the National Guard, and when participated in by the National Guard, or any portion thereof, under instructions of the commander in chief, the expenses and pay incident to the service of the state shall be allowed by the proper auditing officers from the state appropriation for the support of the militia.  No Change Since 1953
UT Code § 39-1-38 (2021)
2021 Utah Code|Title 39 - Militia and Armories|Chapter 1 - State Militia|Section 38 - Regulations and forms.

39-1-38. Regulations and forms.  The commander in chief may establish and prescribe regulations and forms not inconsistent with law, or regulations governing the National Guard promulgated by the President of the United States, as he considers proper for the use, government, and instruction of the National Guard, and to carry into full effect the provisions of related law. The regulations and forms shall be revised as necessary, and shall be promulgated in orders and compiled as advisable for the information of the National Guard.  Amended by Chapter 210, 1988 General Session
UT Code § 39-1-38.5 (2021)
2021 Utah Code|Title 39 - Militia and Armories|Chapter 1 - State Militia|Section 38.5 - Utah Manual for Military Courts to be issued -- Military court jurisdiction.

39-1-38.5. Utah Manual for Military Courts to be issued -- Military court jurisdiction.    (1) The adjutant general shall issue a Utah Manual for Military Courts that includes the Utah Code of Military Justice, and shall set forth the procedures, authority, and organization for convening a military court in the state, conducting a pretrial investigation, and conducting post-conviction military court and appellate processes.     (2) The military court shall have jurisdiction of misdemeanors and infractions. Each offense shall be punishable by incarceration in a county jail for no longer than one year, a fine of not more than $2,500, forfeiture of pay of not more than $2,500, detention of pay equivalent to three months' pay for a period not to exceed one year, arrest in quarters for officers, restriction to specified limits for enlisted members, extra duty for not more than 60 consecutive days, reprimands, reduction of enlisted members to the lowest enlisted grade, a bad conduct discharge for enlisted members or dismissal for officers, or any combination of these.     (3)   (a) The military court may order any person adjudged guilty of a criminal activity to make restitution to any person or entity injured as a result of the criminal activity.     (b) "Criminal activity" means any offense under Title 39, Chapter 1, State Militia, or Chapter 6, Utah Code of Military Justice, of which the defendant is convicted or any other criminal conduct for which the defendant admits responsibility to the sentencing court with or without admission of committing the criminal conduct.       (4) The military court may:   (a) suspend any portion of its sentence and impose conditions of probation;     (b) revoke suspension; or     (c) issue any orders necessary under Section 39-6-61 to execute any portion of the sentence that has been suspended.       (5) The military court may not impose combined forms of punishment that exceed confinement for a period of one year or a fine of $2,500. This sentencing limitation does not apply to restitution ordered by the military court.    Amended by Chapter 198, 1996 General Session
UT Code § 39-1-39 (2021)
2021 Utah Code|Title 39 - Militia and Armories|Chapter 1 - State Militia|Section 39 - Orders for duty -- How served.

39-1-39. Orders for duty -- How served.    (1) Orders for duty may be oral or written. Written orders shall be promulgated by the governor or the adjutant general.     (2) Officers and enlisted members may be ordered for duty by:   (a) stating the substance of the order;     (b) reading the order to the person ordered;     (c) delivering a copy of the order to the person;     (d) leaving a copy at his last-known place of abode or business; or     (e) mailing it to the nearest post office.       (3) The order may be given by an officer or noncommissioned officer.     (4) If any enlisted member ordered to duty fails to appear for duty, the officer or noncommissioned officer giving notice or order shall make a return containing the name of the person ordered and the time, place, and manner of the order, if required by the officer issuing the order. The return may be verified by his oath, which may be administered by any commanding officer. The verified returns are evidence of the facts stated in the return on the trial of any person.     Amended by Chapter 15, 1989 General Session
UT Code § 39-1-40.5 (2021)
2021 Utah Code|Title 39 - Militia and Armories|Chapter 1 - State Militia|Section 40.5 - Utah Code of Military Justice -- Procedures -- Jurisdiction.

 Effective 5/12/2015  39-1-40.5. Utah Code of Military Justice -- Procedures -- Jurisdiction.    (1)Title 39, Chapter 6, Utah Code of Military Justice, is adopted as the Utah Code of Military Justice, which may also be referred to as the UtCMJ.     (2) The UtCMJ sets forth offenses which, if committed by personnel of the Utah National Guard serving under this title or Title 32, United States Code, are punishable as the Utah Military Court directs under regulations made and published under the UtCMJ.     (3) The Utah Military Court is a court of the state, convened under orders issued by the governor or the adjutant general. Judges of the court may issue summons, executions, and other process. The process shall be served by county sheriffs, at the expense of the state.     (4) Judgments for fines or forfeitures may be docketed in the same manner as district court judgments in each county, and without costs.     (5) Appeals shall be taken to the Court of Appeals.     (6) Sentences of the Utah Military Court shall be served in a county jail. Costs incurred by the county shall be paid out of the General Fund of the state.     (7) Certification as counsel for prosecution or defense, or as a judge of the Utah Military Court, is under orders issued by the adjutant general, and is limited to attorneys who are members of the Utah State Bar and are serving as judge advocates in the Utah National Guard.     (8) A defendant may retain, at no cost to the state or National Guard, civilian counsel to represent him before the Utah Military Court.     (9) The Utah Military Court may impose fines not exceeding $2,500, restitution to victims, statutory surcharges, and may issue all writs and judgments for the execution of any of them.     (10) When consistent with the Utah Manual for Military Courts, the Utah Rules of Criminal Procedure apply in Utah Military Courts.    Amended by Chapter 70, 2015 General Session
UT Code § 39-1-41 (2021)
2021 Utah Code|Title 39 - Militia and Armories|Chapter 1 - State Militia|Section 41 - Discharge or dismissal.

39-1-41. Discharge or dismissal.  A sentence of dismissal from the service or discharge imposed by a military court may not be executed until reviewed by the state judge advocate and approved by the governor.  Amended by Chapter 287, 2008 General Session
UT Code § 39-1-41.5 (2021)
2021 Utah Code|Title 39 - Militia and Armories|Chapter 1 - State Militia|Section 41.5 - Authority of military court judges -- Payment of witnesses.

39-1-41.5. Authority of military court judges -- Payment of witnesses.    (1) Judges of military courts may:   (a) issue a warrant to arrest an accused person and bring him before the court for trial, when the person has failed to obey a prior summons to appear before the court, and a copy of the charge or information has been delivered to the accused with the summons;     (b) issue subpoenas and subpoenas duces tecum, and enforce by attachment the attendance of witnesses and the production of books and papers;     (c) sentence for a refusal to be sworn or to answer as provided in actions before civil courts; and     (d) issue process in any county within the state.       (2) Witnesses shall be paid in the same manner as in district courts.    Amended by Chapter 198, 1996 General Session
UT Code § 39-1-44 (2021)
2021 Utah Code|Title 39 - Militia and Armories|Chapter 1 - State Militia|Section 44 - Members of military courts exempt from liability.

39-1-44. Members of military courts exempt from liability.  No action or proceeding shall be prosecuted or maintained against a member of a military court or officer, or person acting under its authority or reviewing its proceedings, on account of the imposition, approval or execution of any sentence, or the imposition or collection of a fine or penalty, or the execution of any warrant, writ, execution, process or mandate of a military court.  No Change Since 1953
UT Code § 39-1-45 (2021)
2021 Utah Code|Title 39 - Militia and Armories|Chapter 1 - State Militia|Section 45 - Jurisdiction presumed.

39-1-45. Jurisdiction presumed.  The jurisdiction of the courts established by this chapter shall be presumed, and the burden of proof shall rest on any person attacking such jurisdiction in any action or proceeding.  No Change Since 1953
UT Code § 39-1-46 (2021)
2021 Utah Code|Title 39 - Militia and Armories|Chapter 1 - State Militia|Section 46 - Arsenal -- Military supplies -- Loss.

39-1-46. Arsenal -- Military supplies -- Loss.  The governor is hereby authorized to provide an arsenal for the storage of arms, equipment and military supplies. Military supplies shall be issued upon requisition of the officer requiring the same. Military supplies for the respective organizations shall be issued to and receipted for by the commanding officer thereof, who shall be responsible to the state for the care and preservation of the same. Commanding officers shall be responsible to this state for the money value of all property issued to them, which may be lost by reason of carelessness and negligence upon their part.  Amended by Chapter 63, 1953 Special Session C
UT Code § 39-1-47 (2021)
2021 Utah Code|Title 39 - Militia and Armories|Chapter 1 - State Militia|Section 47 - Military property exempt from civil process.

39-1-47. Military property exempt from civil process.  All military property issued to or owned by members of the National Guard shall be exempt from all civil process.  No Change Since 1953
UT Code § 39-1-50 (2021)
2021 Utah Code|Title 39 - Militia and Armories|Chapter 1 - State Militia|Section 50 - Military court -- Concurrent prosecutorial jurisdiction with county or district attorney.

39-1-50. Military court -- Concurrent prosecutorial jurisdiction with county or district attorney.    (1) The county attorney or district attorney, as appropriate under Sections 17-18a-202 and 17-18a-203, of the county where an offense under the Utah Code of Military Justice is committed has concurrent jurisdiction with the Utah Military Court to prosecute the accused person at the expense of the county.     (2) Charges regarding the offense may not be filed in a military court until the appropriate county attorney or district attorney has reviewed and declined to prosecute the offense.    Amended by Chapter 237, 2013 General Session
UT Code § 39-1-51 (2021)
2021 Utah Code|Title 39 - Militia and Armories|Chapter 1 - State Militia|Section 51 - Pay and benefits of National Guard members.

 Effective 5/5/2021  39-1-51. Pay and benefits of National Guard members.    (1) When called into the service of the state and not in the service of the United States, the members of the National Guard shall:   (a) receive at least the same pay and allowance as members of the regular army or regular air force of like rank and length of service;     (b) elect to:   (i) receive medical, dental, disability, or death benefits equal to those received by full-time, permanent state employees; or     (ii) maintain any medical, dental, disability, or death benefits already in place; and       (c) receive one ration per day.       (2) The state may not make payments to members of the National Guard for service for which the United States government makes payment.    Amended by Chapter 123, 2021 General Session
UT Code § 39-1-52 (2021)
2021 Utah Code|Title 39 - Militia and Armories|Chapter 1 - State Militia|Section 52 - Encampments.

39-1-52. Encampments.  Encampments of the National Guard shall be such as may be provided for by the National Guard Bureau under authority of Congress. The cost of maintenance, transportation and subsistence, and other expenses of such encampments and maneuvers, shall not be paid by the state, but as provided for by Congress.  Amended by Chapter 61, 1963 General Session
UT Code § 39-1-53 (2021)
2021 Utah Code|Title 39 - Militia and Armories|Chapter 1 - State Militia|Section 53 - Military units not to leave state.

 Effective 5/8/2018  39-1-53. Military units not to leave state.  No military unit of the Army or Air National Guard, unless called into the service of the United States, shall leave the state with arms and equipment without the consent of the commander in chief, and any person causing any unit to so leave the state is guilty of a class B misdemeanor. Amended by Chapter 148, 2018 General Session
UT Code § 39-1-54 (2021)
2021 Utah Code|Title 39 - Militia and Armories|Chapter 1 - State Militia|Section 54 - Privilege from arrest or citation -- Exceptions.

 Effective 5/12/2015  39-1-54. Privilege from arrest or citation -- Exceptions.    (1) A member of the National Guard is privileged from arrest or citation by civil authorities:   (a) during military formations, exercises, mobilizations, or other duty when exigent, perilous, emergency, or similar circumstances require the member's presence; and     (b) while traveling to and from military duty locations when exigent, perilous, emergency, or similar circumstances require the member's presence.       (2) This privilege does not extend to arrest or citation for:   (a) treason;     (b) any class A misdemeanor or felony;     (c) breach of the peace; or     (d) operation of a vehicle in a reckless manner or while under the influence of any drug or alcohol.      Amended by Chapter 391, 2015 General Session