§ 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.
(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:

(2)(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
(2)(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.

Legislative History

Renumbered and Amended by Chapter 373, 2022 General Session