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| Home > Statutes > Usa Arizona |
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USA Statutes : arizona
Title : Military Affairs and Emergency Management
Chapter : EMERGENCY AND MILITARY AFFAIRS
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26-101 Department of emergency and military affairs; organization; adjutant general; qualifications
A. There is established a department of emergency and military affairs which shall
consist of a division of emergency management and other divisions or offices as
determined by the adjutant general pursuant to section 26-102, subsection C, paragraph 8.
B. The department shall consist of the adjutant general and such other officers,
warrant officers, enlisted personnel and employees as deemed necessary.
C. The department shall be administered and controlled by the governor as
commander-in-chief. The adjutant general shall be the director of the department.
D. The adjutant general shall be appointed by the governor pursuant to section
38-211 for a term of office of five years or to age sixty-four, whichever occurs
first. The person appointed shall be a citizen of the United States and a resident of
the state of ARIZONA. At the time of the appointment, the person appointed shall have
qualifications required by the United States department of defense for the adjutant
general and shall attain federal recognition in a grade not less than brigadier general
within one year of the appointment. The adjutant general shall have served not less than
five years in the national guard of ARIZONA in the last ten years. Failure to meet these
qualifications or to retain federal recognition shall terminate the appointment.
E. The adjutant general shall receive compensation as determined pursuant to
section 38-611, and shall devote full time to the office.
F. At the time of appointment, the adjutant general shall receive the state rank of
major general and shall, at that time, become the ranking officer in the department of
emergency and military affairs.
26-102 Powers and duties of the adjutant general
A. The adjutant general shall serve as head of the department. The governor as
commander in chief shall administer and control the national guard, and the adjutant
general is responsible to the governor for execution of all orders relating to the
militia, organization, activation, reactivation, inactivation and allocation of units,
recruiting of personnel, public relations and discipline and training of the national
guard and those members of the militia inducted into the service of this state as
provided in this chapter. The adjutant general shall act as military chief of staff to
the governor and chief of all branches of the militia. The adjutant general may belong
to the national association and other organizations for the betterment of the national
guard, subscribe to and obtain periodicals, literature and magazines of such other
organizations and pay dues and charges from monies of this state appropriated for that
purpose. Except for the authority expressly reserved for the governor, the adjutant
general is responsible for emergency management and all emergency activities are subject
to the approval of the adjutant general.
B. The adjutant general, as the military chief of staff, shall:
1. Act as military advisor to the governor and perform, as the governor prescribes,
military duties not otherwise designated by law.
2. Adopt methods of administration for the national guard that are not inconsistent
with laws and regulations of the United States department of defense or any subdivision
of the United States department of defense.
3. Supervise and direct the organization, regulation, instruction and other
activities of the national guard.
4. Attest and record all commissions issued by the governor and maintain a register
of all commissioned personnel.
5. Keep a record of all orders and regulations pertaining to the national guard and
all other writings and papers relating to reports and returns of units comprising the
national guard and militia.
6. Superintend the preparation of returns, plans and estimates required by this
state, by the department of the army, air force or navy and by the secretary of defense.
7. Control the use of and care for, preserve and maintain all military property
belonging to or issued to this state and pay from monies appropriated by the legislature
for these purposes the necessary expenses for labor and material incurred in the repair
of military property.
8. Dispose of unserviceable military property belonging to this state, account for
the proceeds and transmit them to the morale, welfare and recreational fund established
by section 26-153.
9. Authenticate with the seal of the office of the adjutant general all orders and
copies of orders issued by the adjutant general's office. An authenticated copy has the
same force and effect as the original.
10. Present to the governor before each regular session of the legislature, or as
otherwise required, an estimate of the financial requirements for state monies for
operation of the department and the national guard during the next fiscal year.
C. The adjutant general, as head of the department, shall:
1. Be the administrator of the department.
2. Coordinate the functions of the divisions and offices of the department.
3. Appoint, suspend, demote, promote or dismiss employees of the department subject
to the provisions of title 41, chapter 4, article 5 and employees who are exempt from
state personnel administration. The adjutant general may delegate this authority.
4. Appoint an auditor for the department to conduct periodic financial and
compliance audits of each division and office in the department and perform such other
duties as prescribed by law. At least annually the auditor shall audit accounts that are
open for more than twelve months. The auditor shall determine within the department
compliance with purchase and bidding procedures prescribed by law.
5. Adopt, with the approval of the governor, rules necessary for the operation of
the department.
6. Establish and administer accounts for federal, state or other monies made
available to carry out the functions of the department.
7. As deemed necessary, appoint to peace officer status members of the ARIZONA
national guard who have been awarded a United States army military occupational specialty
as military policeman or a United States air force specialty code as security
policeman. Prior to appointment as peace officers, such individuals must successfully
complete a course of study to be prescribed by the ARIZONA peace officer standards and
training board. Individuals appointed as peace officers pursuant to this section, when
performing duties at facilities or on land operated or controlled by or under the
jurisdiction of the adjutant general, shall have all the powers, privileges and
immunities of peace officers provided by law. Individuals appointed as peace officers
pursuant to this section are not eligible to participate in funding provided by the peace
officers' training fund established by section 41-1825 or in the public safety personnel
retirement system.
8. Establish, abolish or reorganize the positions or organizational structure
within the department, subject to legislative appropriation, if, in the adjutant
general's judgment, the modification would make the operation of the department more
efficient, effective or economical.
9. Establish an educational program for persons who have previously dropped out of
high school and who are under twenty years of age but who are not adjudicated
delinquent. The educational program shall be designated "project challenge", and the
program shall be conducted by the national guard of ARIZONA in a paramilitary
environment. The goal of the educational program is to provide persons enrolled in the
program with the knowledge and skills necessary to become productive citizens and to
obtain a general equivalency diploma. In addition to monies appropriated for the
program, the adjutant general may accept and spend monies from any other lawful public or
private source.
10. Submit to the governor annually by October 1 a report for the department
including the strength and condition of the national guard, the business transactions of
the department, a detailed statement of expenditures for all military and civilian
purposes and the disposition of all military and civilian property on hand or issued.
D. The adjutant general, with the approval of the governor, may:
1. Enter into contracts with individuals, this state, political subdivisions of
this state or the federal government and its agencies for the purchase, acquisition,
rental or lease of lands, buildings or military materiel and take title in the name of
this state for the establishment and maintenance of armories, subject to legislative
appropriation for these purposes.
2. Procure and contract for procurement of equipment and its issuance to members of
the militia inducted into the service of this state.
3. Enter into agreements and plans with the state universities, community colleges
or any educational institution supported by federal or state monies for promotion of the
best interests of the national guard and military training of students of the
institutions.
4. Lease property acquired under this chapter for any public purpose for a period
of one year that is renewable.
5. Convey for any public purpose in the name of this state easements on real
property acquired under this chapter.
6. Enter into contracts or agreements with the federal government that are deemed
to be in the best interest of this state and the national guard.
7. Delegate the powers and duties in this section.
26-113 Assistant adjutants general; appointment; qualifications
There shall be at least two assistant adjutants general of the state, one branch of
service army and one branch of service air force who shall be appointed by the
governor. Additional assistant adjutants general may be appointed if authorized by the
chief national guard bureau. They shall be general officers and must possess the same
qualifications prescribed for the adjutant general.
26-114 General staff; appointment; meetings; expenses
A. There shall be a general staff which shall be an advisory board to the governor
in all military affairs of the state. The general staff shall consist of the adjutant
general and four officers of the national guard above the grade of captain, who shall be
appointed by the governor. The officers appointed shall be selected on the basis of
special knowledge possessed by them of their arm of the service. Detail for general
staff duty shall not create a vacancy in the organization from which the detail is made.
B. The general staff shall meet in the office of the adjutant general semiannually
in January and July and at other times the governor directs. The senior officer present
shall preside. All records for the transaction of military business which requires
attention of the general staff shall be kept in the office of the adjutant general.
C. Expenditures necessary for meetings of the general staff shall be paid from
funds appropriated to the national guard.
26-115 Powers and duties of general staff
A. The general staff may promulgate necessary regulations for the organization,
government, armament, equipping, instruction and compensation of the national guard and
authorized employees. Such rules and regulations shall be in force and effect when
approved by the governor. The general staff may recommend the transfer, attachment,
consolidation or disbanding of any organization of the guard for any cause.
B. The general staff shall recommend the principal amount of bonds to be given by
officers who have property or public money in their charge or possession. The bonds
shall be approved by and filed with the adjutant general.
C. When funds are available therefor by appropriation from the legislature or by
allocation from federal funds, the general staff may acquire by purchase or lease lands
for military purposes, taking title thereto in the name of the state.
D. When the military fund is sufficient, with the approval and by direction of the
governor, the general staff may cause to be erected upon lands owned by the state,
armories, drill rooms, headquarters, offices or other buildings for military purposes,
and may purchase and award decorations, cups and trophies of marksmanship and achievement
through the adjutant general.
E. The general staff shall have control of armories and shall prescribe the
regulations governing them.
26-121 Composition of militia; persons exempt
The militia of the state of ARIZONA consists of all able bodied citizens of the
state between the ages of eighteen and forty-five years and all residents of the state
between such ages who have declared their intention to become citizens of the United
States, except:
1. Persons exempted by the laws of the state or the United States.
2. Idiots, lunatics, totally blind persons and persons convicted of infamous
crimes.
3. Judges and clerks of courts of record.
4. State and county civil officers holding office by election, and members of the
legislature.
5. Ministers of the gospel.
26-122 Components of militia
A. The militia is divided into the national guard of ARIZONA, the state guard when
organized, and the unorganized militia.
B. The national guard consists of commissioned officers, warrant officers, enlisted
personnel, organizations, staffs, corps and departments of the federally recognized and
regularly commissioned, warranted and enlisted militia of the state, organized and
maintained pursuant to law, and all members thereof honorably retired by age or
disability.
C. The numerical strength, composition, distribution, organization, arms, uniforms,
equipment, training and discipline of the federally recognized national guard shall be
prescribed by the governor in conformity with the allocation of units to the state by the
department of the army and the department of the air force of the United States.
D. The inactive national guard consists of commissioned, warranted and enlisted
personnel relieved from assignment to the national guard by the adjutant general, or at
their own request, under regulations prescribed by the department of national defense of
the United States, and not reassigned to another component of the armed forces of the
United States.
E. The unorganized militia consists of members of the militia not members of the
national guard or state guard when organized.
26-123 Maintenance of private troops prohibited; violation; classification
A. No person, partnership or corporation shall maintain troops under arms, but this
section shall not be deemed to prohibit a business, plant or firm from maintaining armed
guards for protection of their property from damage or loss, or formation of a state
police or highway patrol, or the existence of county and municipal police forces and
sheriff's posses.
B. Any person violating this section is guilty of a class 5 felony.
26-124 Service by members of unorganized militia; volunteers during emergency; enrollment; selection; organizing selectees
A. When the governor proclaims an emergency, and, upon advice of the adjutant
general, determines that the national guard does not have sufficient troops to meet the
emergency, the governor may authorize the adjutant general to accept for service from the
unorganized militia a specified number of volunteers.
B. If the governor deems an emergency of a nature that all or a large portion of
the unorganized militia should be called into service of the state, he shall by
proclamation order all members of the unorganized militia to enroll with the county
recorder of the county in which they reside. The enrollment shall be in triplicate
stating the full name, residence, age, occupation and previous service of each person
enrolled. The rolls shall be verified by the enrolling officer who shall retain one copy
and file one copy with the adjutant general and one with the clerk of the superior court
of the county in which the person is enrolled. The persons called into service shall be
determined by lot in accordance with a plan devised by the governor and implemented by
him. The plan shall be patterned upon the latest selective service act of the United
States and executive orders of the president issued to implement the law.
C. Upon mobilization for state purposes members of the unorganized militia shall be
organized under the command of the officer the governor designates into units comparable
to units of the national guard.
26-125 Procedure to claim exemption from service; duty of county recorder; review by adjutant general
A. The county recorder shall take under oath the statement of any person claiming
exemption from service under the provisions of section 26-121, and shall employ means he
deems necessary to establish the exemption. The recorder shall, if satisfied the person
is exempt, enter his name on the rolls and opposite the name make the notation "Exempt."
B. Determination of exemption by a county recorder or other enrolling officer is
subject to review by the adjutant general, and his decision shall be final.
26-126 Violations; classifications
A. A person who knowingly fails or refuses to give information or gives false
information to the county recorder or other enrolling officer relating to a subject of
inquiry under the provisions of this article is guilty of a class 2 misdemeanor.
B. A county recorder or other enrolling officer who knowingly fails or refuses to
perform a duty prescribed by this chapter, or who falsifies a record pertaining thereto,
is guilty of a petty offense.
26-127 Discharge
A member of the militia who has been called to active duty may be discharged in
accordance with rules and regulations prescribed by the governor.
26-151 Acceptance of national defense act; adoption of other federal acts and regulations pertaining to national guard
A. The state accepts the benefits of sections 109 and 110 of the national defense
act (32 United States Code sections 109 and 110). Officers who are required to comply
with the provisions of the act shall be qualified as prescribed therein and shall be
subject to its provisions pertaining to appointment and retirement.
B. The rules and regulations of the armed forces of the United States and the
national guard, the national defense act, and other acts of Congress, including
provisions relating to the establishment of financially self-supporting morale, welfare
and recreational programs, as far as they apply to national guards of states, shall apply
to the national guard of ARIZONA, as fully as if set forth and incorporated in this
article.
26-152 National guard fund; camp Navajo fund; report
A. The national guard fund is established consisting of monies appropriated to the
national guard.
B. The fund may be drawn upon by the adjutant general for any purpose commensurate
with the purpose and mission of the national guard.
C. The amount of the national guard fund appropriated for capital outlay or
improvements shall be exempt from the provisions of section 35-190 relating to lapsing
appropriations.
D. All proceeds from the rental or use of armories received by the general staff
pursuant to the authority of section 26-115, subsection E shall be deposited, pursuant to
sections 35-146 and 35-147, in a separate account in the national guard fund, and the
monies are continuously appropriated to the department for the maintenance of
armories. Monies in the account are exempt from the provisions of section 35-190
relating to lapsing of appropriations, except that any monies remaining in the account
for one hundred eighty days after the end of the fiscal year in which they were received
revert to the state general fund.
E. A camp Navajo fund is established for the operation, maintenance, capital
improvements and personal services necessary for the national guard to operate a regional
training site and storage facility at Bellemont. The fund consists of monies received
from storage of commodities and services provided as approved by the adjutant
general. The adjutant general shall administer the fund. On notice from the adjutant
general, the state treasurer shall invest and divest monies in the fund as provided by
section 35-313, and monies earned from investment shall be credited to the fund. Monies
in the fund are continuously appropriated to the national guard and are exempt from the
provisions of section 35-190 relating to lapsing of appropriations.
F. The adjutant general shall annually submit a report by August 31 to the
governor, the speaker of the house of representatives, the president of the senate and
the joint legislative budget committee describing the activity in the camp Navajo fund
during the previous fiscal year.
26-153 Morale, welfare and recreational fund; sources of monies; exemptions
A. A morale, welfare and recreational fund is established as a state fund for
morale, welfare and recreational activities and support personnel for the national
guard. Support personnel shall be employees of the fund and not of this state. The
adjutant general shall administer the fund pursuant to regulations of the general staff,
subject to approval of the governor. Monies shall be deposited, pursuant to sections
35-146 and 35-147, in the fund from the following sources:
1. Monies transferred by the director of the department of transportation pursuant
to section 28-2415.
2. Monies deposited pursuant to section 26-102, subsection B, paragraph 8 or monies
generated from recycling activities consistent with federal recycling policies.
3. Any other nonappropriated monies received by the national guard from state and
federal revenue producing military activities relating to morale, welfare and recreation.
B. Monies in the fund are from nonappropriated sources, are not subject to
legislative appropriation and are exempt from the provisions of section 35-190 relating
to lapsing of appropriations. The adjutant general may establish bank accounts for
monies withdrawn from the fund to administer the operations of the morale, welfare and
recreational programs.
C. On notice from the adjutant general, the state treasurer shall invest and divest
monies in the fund as provided by section 35-313, and monies earned from investment shall
be credited to the fund.
D. Expenditures of monies in the fund are subject to general staff regulations and
are exempt from the procurement code requirements of title 41, chapter 23.
26-154 Organizational structure of national guard
The organization of the national guard shall be prescribed by the United States
department of defense. It shall consist of units allocated to the state and recognized
by the federal government and assigned by the secretary of defense or a subdivision of
the department of defense.
26-155 Enlistment; appointment of officers
A. Able-bodied residents of the state meeting the requirements for enlistment
prescribed by the department of defense of the United States may, upon application, be
enlisted as members of the national guard. They shall be enlisted in the manner
prescribed by the Congress of the United States, the president or the secretary of
defense, and shall take the oath prescribed for persons enlisting in the national guard
of the United States.
B. Persons commissioned or warranted in the national guard shall meet the
qualifications prescribed by the department of defense or any subdivision thereof, and
are subject to provisions thereof relating to appointment and retirement.
26-156 Pay of personnel
A. Officers and enlisted personnel of the national guard shall while on state duty
by order of the governor or adjutant general receive the same pay and allowance,
including longevity pay, as prescribed for respective grades in the armed forces of the
United States.
B. Service for longevity pay shall include all time served in the national guard of
the state prior to June 3, 1916, and all time served in the armed forces and national
guard of the United States and the organized reserve. In addition thereto enlisted
personnel shall receive a salary recommended by the adjutant general and approved by the
governor.
26-157 Officer's equipment allowances
A. An officer commissioned or warranted in the national guard or ARIZONA state
guard, upon acceptance of federal recognition and submission to the adjutant general of
satisfactory evidence of purchase of the uniform and equipment required, shall receive an
allowance therefor of seventy-five dollars. An officer uniformed and equipped in a
manner approved by the adjutant general, as long as he continues to hold a commission in
the active national guard or ARIZONA state guard, shall receive an additional sixty
dollars on each anniversary of federal recognition, but no officer shall receive more
money therefor than he expended during the preceding year. When an officer spends more
than the seventy-five dollars initially allowed, and sixty dollars thereafter in any one
year, the excess may be included in the voucher for the succeeding year.
B. The allowance for national guard officers shall cease if the national guard is
called into service of the United States.
26-158 Travel allowances
Members of the national guard traveling under official orders on business of the
state shall be reimbursed for the cost of travel, expenses for lodging and meals as
provided for state employees. The expense shall be paid from amounts appropriated for
travel by the national guard.
26-159 Powers of commanding officers; defense of officer to action based on act or omission
A. The commanding officer of troops under arms while in actual service may cause
such troops to perform such military duties as he requires. He may place under arrest an
officer or enlisted person who disobeys orders of superior officers, and any person
trespassing on parade or camp grounds or interrupting or molesting the orderly discharge
of duty of troops under arms. The commanding officer shall use his own discretion with
respect to attacking or firing upon a mob or unlawful assembly, and his honest and
reasonable judgment in the exercise of his duty shall be a complete defense, both civilly
and criminally, for any act done while on such duty.
B. If an officer is made a party defendant in an action arising from acts or
omissions while on military duty, the plaintiff in the action shall be required, upon
motion of the defendant officer, to give security for costs in the amount of three
hundred dollars.
C. The attorney general, upon request of the defendant officer, shall defend the
action or assist in the defense thereof.
26-160 Oaths or affirmations
Oaths or affirmations required in the military service shall be administered by any
commissioned officer, or other officer authorized to administer oaths, and no charge
shall be made therefor.
26-161 Retirement; retention of commission after withdrawal of federal recognition
A. A commissioned officer, warrant officer or enlisted person who has served in the
national guard for ten years may, upon application, be placed upon the retired
list. Time served in the regular or volunteer armies of the United States or in the
organized militia of another state shall be allowed in computing the length of
service. Service in time of war shall be computed at twice the actual duration of such
service.
B. An officer of the national guard whose federal recognition terminates or is
withdrawn because of age or physical disability shall retain his commission and rank for
life. He shall be an honorary member of the staff of the adjutant general and shall
serve in an advisory capacity, but shall receive no compensation for such service.
26-162 Discharge of officer; grounds and procedure
A commissioned or warrant officer of the national guard may be discharged for any of
the following reasons and in the manner prescribed:
1. By voluntary resignation whereby the officer submits to the adjutant general a
letter of resignation setting forth his reasons for separation from the service. The
resignation shall not be accepted if separation is not justified by appropriate
regulations of the national guard, army or air force of the United States, or if the
officer is under arrest or being investigated preparatory to preferring charges against
him, or until all property and money of the state or the United States charged to him or
in his possession or care has been inventoried and an accounting made therefor.
2. By findings of a court-martial called for the purpose of trying the officer for
a military offense, or in time of war or emergency for an offense both civil and
military. The sentence shall not be executed until approved by the governor.
3. By order of the governor upon a finding by a board of officers that the officer
to be separated from the service is inefficient and incapable of discharging the duties
of a national guard officer in any assignment commensurate with his rank and experience,
and upon the written request of the immediate superior of the officer to be
separated. The board of officers shall be appointed by the adjutant general, and shall
consist of officers of equal or senior rank to the officer to be separated.
4. By absence without leave for a period of thirty days.
5. By failure to pass a final type physical examination prescribed for officers of
his grade and branch.
26-163 Discharge of enlisted personnel; grounds; type of discharge
A. An enlisted member of the national guard may be discharged for fraudulent
enlistment, or for any reason for which a member of the national guard of the United
States may be discharged.
B. Upon discharge the enlisted member shall receive the type of discharge
certificate to which the quality of his service entitles him under regulations of the
national guard of the United States, the army of the United States or the air force.
26-165 Service medals
A. An officer or enlisted person who has served as an active member of the national
guard for a period of ten years shall be awarded a long service medal, and for twenty
years service shall be awarded an exceptionally long service medal. At the completion of
each period of three years after receiving either medal, a star shall be awarded the
holder thereof.
B. The medals shall be awarded at the expense of the state by the governor, upon
application approved by the adjutant general and subject to such rules and regulations as
the adjutant general prescribes.
C. Officers and enlisted personnel of the national guard drafted into service of
the United States shall be allowed credit as continuous service in the national guard for
such service.
26-166 Immunity of national guard members on active duty from arrest; exemption from jury duty
A. A member of the national guard, unless charged with commission of a felony,
shall not be arrested while on active duty with the national guard in camp, maneuvers or
formations, or while engaged in armory drill, or while on the way to or from such duties.
B. A member of the national guard while on active duty shall not be liable for jury
duty.
26-167 Employment discrimination against national guard members prohibited; physical or economic duress to deter enlistment prohibited; violation; classification
A. A member of the national guard shall not, because of membership therein or
absence from employment under competent military orders, be deprived of employment or
prevented or obstructed in obtaining employment in his trade, occupation or profession,
nor shall any person be dissuaded from enlisting in the military forces of the state or
the United States by threat of or actual infliction of physical punishment or economic
damage.
B. A person violating this section is guilty of a class 2 misdemeanor.
26-168 Absence from employment for military duty; vacation and seniority rights; violation; classification
A. An employer shall not refuse to permit members of the national guard to take
leaves of absence from employment for the purpose of complying with competent orders of
the state or United States for active duty, or to attend camps, maneuvers, formations or
armory drills. The leaves of absence shall not affect vacation rights which employees
otherwise have, except that an employer need not consider the period of absence as a
period of work performed for him in determining eligibility for vacation and the amount
of vacation pay to which the employee is entitled.
B. A member of the national guard shall not lose seniority or precedence while
absent under competent military orders. Upon return to employment the employee shall be
returned to his previous position, or to a higher position commensurate with his ability
and experience as seniority or precedence would ordinarily entitle him.
C. An officer or employee of the state, or any department or political subdivision
thereof, who is a member of the national guard shall be entitled to leave of absence from
his duties without loss of time or efficiency rating on all days during which he is
engaged in field training as provided by this chapter and for a period during leave of
absence not to exceed thirty days in any two consecutive years he shall be entitled to
his pay. For purposes of this section, an officer or employee shall not be charged
military leave for days on which the individual was not otherwise scheduled for work.
D. When ordered by the governor to perform training or duty under this section or
section 26-171, subsection C, section 26-172 or 26-175, members of the ARIZONA national
guard shall have the protections afforded to persons on federal active duty by the
soldiers and sailors civil relief act of 1940 (54 Stat. 1178, 50 United States Code
Annotated App. sections 501 through 548 and 560 through 591), and by the uniformed
services employment and reemployment rights act of 1994 (108 Stat. 3149, 38 United states
Code Annotated sections 4301 through 4333).
E. A person violating any provision of subsection A or B of this section is guilty
of a class 3 misdemeanor.
26-169 Discrimination against uniformed national guard members by public businesses prohibited; violation; classification
A. An owner, manager or employee of a hotel, restaurant, place of amusement or
other establishment or place of business open to the public shall not knowingly fail or
refuse to admit or serve in the same manner and to the same extent as members of the
general public are admitted and served a member of the national guard wearing the
prescribed uniform.
B. A person violating this section is guilty of a class 2 misdemeanor.
26-170 Unauthorized wearing of uniform; rank insignia; violation; classification
A. No person shall wear any part of the uniform of the national guard or the army,
navy or air force of the United States, or a uniform so similar as to be easily mistaken
therefor, unless the person is a member of the service whose uniform he wears, an inmate
of a veterans' or soldiers' home, or a member of an organization of the United States
veterans.
B. A person in the theatrical profession may wear the uniform in a playhouse or
theatre while actually engaged in acting the part of a member thereof.
C. A civic organization may parade or travel in a body or assemble in a lodge room,
but when the active militia or any part thereof is in active service, or is called into
active service, such civic organization or member thereof shall not parade or appear in
uniform in the same locality where the active militia is in service.
D. Persons authorized to wear the military uniform of the United States may only
display the rank insignia of the highest rank in which they have received federal
recognition except the adjutant general who may display the rank insignia of his state
appointed grade after written consent of his service branch.
E. A person violating this section is guilty of a class 2 misdemeanor.
26-171 National guard training; inspection by department of defense; camp or field duty ordered by governor
A. Each unit of the national guard shall conduct training in accordance with
instructions of the adjutant general and shall comply with the approved training
schedules and programs prepared by the department of defense of the United States. Each
unit or detachment shall assemble for drill and instruction, and shall participate in
encampments, maneuvers or other exercises at times and places and under rules and
regulations prescribed therefor. In addition thereto the commanding officer of any
organization may require the officers and enlisted personnel of his command to meet for
ceremonies, parade, drill or instruction at times and places he designates.
B. Each unit of the national guard shall, not less than once each year, muster for
inspection by an officer designated for that purpose by the secretary of defense or the
secretary of any subdivision thereof.
C. The governor may order the national guard or any part thereof to perform camp or
field duty for periods of time he deems advisable.
26-172 Emergency mobilization; requests by municipalities for aid of national guard; mobilization into United States service
A. When the governor proclaims an emergency, or deems it necessary to protect lives
or property, the governor may mobilize all or any part of the national guard or the
unorganized militia into service of the state. The order directing the national guard or
the unorganized militia, or any part thereof, to report for active duty shall state the
purpose for which it is mobilized and the objectives to be accomplished.
B. The adjutant general shall issue orders for mobilization, appoint troop
commanders and act as chief of staff to the governor. The adjutant general shall, with
consent of the governor and in the name of the adjutant general, issue orders designating
local commanders, giving tactical and administrative instructions, and defining the
objectives of each mobilized unit.
C. The civil authorities of a county or municipality requiring aid of the national
guard to quell any riot, insurrection or other civil disturbance shall submit to the
governor a written request for aid, setting forth the particular object to be
accomplished and the area affected. Upon receipt of the request the governor may by
proclamation mobilize all or any part of the national guard or the unorganized militia,
and the governor shall designate the adjutant general or an officer of the national guard
to take command of the troops mobilized and to designate the troops to be used.
D. To request assistance of the national guard, or the unorganized militia, or any
part thereof in a search or rescue operation involving the life or health of any person,
the sheriff or other officer of a political subdivision who is conducting the search or
rescue operation shall by the most rapid and suitable means of communication available
convey the need to the state director of emergency management for transmittal to the
governor. If the governor grants the request the sheriff or other officer shall, within
two days, transmit a written confirmation of the request to the governor.
E. If the president of the United States directs mobilization of the national guard
into the armed forces of the United States, the adjutant general shall effect the
mobilization speedily and in the manner prescribed. Upon mobilization into the armed
forces of the United States, the national guard shall pass to federal control and shall
not be subject to military laws of the state until the time it reverts to control of the
state.
26-173 Payment of mobilization expenses
The department of administration shall provide for payment of expenses incurred by
the national guard, state guard and unorganized militia in the event of emergency
mobilization. Payment of expenses shall be made from funds appropriated for that
purpose. The certificate of the adjutant general that the expenses are necessary and were
actually made in an emergency is conclusive proof of the validity of the claim. 26-174 ARIZONA state guard; establishment; purpose; appropriations
A. If the national guard of ARIZONA or a major portion thereof is called into
active federal service, or if the national guard or a major portion thereof is alerted
for federal service, the governor may establish an armed force for the safety and
protection of the lives and property of the citizens of the state which shall be known as
the ARIZONA state guard.
B. The ARIZONA state guard shall insofar as practicable be governed by and subject
to the laws of the state pertaining to the national guard. The governor shall issue or
cause to be issued rules and regulations to govern administration and organization of the
state guard.
C. Appropriations made to the national guard shall be deemed appropriated to both
the national guard and the ARIZONA state guard, if and when the latter organization is
established, and any funds which are unexpended from appropriations to the national guard
may be used for establishment and maintenance of the ARIZONA state guard.
26-175 Active duty tours for volunteers during peace time
A. The adjutant general may, when he deems it necessary to the accomplishment of a
mission of the national guard, call to active duty in peace time to perform special and
designated services any officer or enlisted personnel of the national guard who
volunteers for such service.
B. The officer or enlisted personnel shall receive full pay and allowances,
including longevity pay, prescribed for an officer or enlisted personnel of the regular
services of the same grade or rank. Such personnel shall be paid from funds of the state
appropriated for such purposes.
26-176 Premiums on bonds of national guard officers
The cost of bonds required to be furnished by the adjutant general or an officer of
the national guard for faithful performance of national guard duties shall, if not paid
by the United States, be a state charge upon and paid from the appropriation to the
national guard.
26-177 Opinions of attorney general
The attorney general shall, upon request of the adjutant general or the state judge
advocate of the national guard, give opinions upon legal questions pertaining to military
affairs of the state.
26-178 Illegal possession of equipment; classification
A. A person having in his possession a uniform, arms, equipment, supplies or other
military property of the state or United States, who secretes, disposes of, offers for
sale or in any manner pledges, retains or refuses to deliver to an officer entitled to
demand possession of the property, or who, being a member of the national guard, wears,
when not on duty, such uniform or equipment without permission of his commanding officer,
is, if the property is of a value more than fifty dollars, guilty of a class 5 felony,
and if the value is less than fifty dollars, guilty of a class 2 misdemeanor.
B. Possession of such military equipment or accoutrements of the state, or the
United States, by any person not a member of the military forces of the state or the
United States, shall be presumptive evidence of unlawful barter, exchange, pledge, loan
or gift thereof. A person not a member of the military forces of the United States, or a
duly authorized officer or agent thereof, having possession of such articles which have
been subjects of unlawful disposition, shall have no right, title or interest therein,
and the property may be seized and taken wherever found by an officer of the state, civil
or military, and shall thereupon be delivered to any commanding officer or other officer
authorized to receive the property who shall make an immediate report thereof to the
adjutant general.
26-179 Tuition and fees reimbursement; eligibility
A. Any qualified national guardsman who has completed a semester as a full-time or
part-time graduate or undergraduate student at a public or private postsecondary
educational institution for which credit toward a degree or diploma is granted or a
certificated vocational technical school in this state may apply for a tuition and fees
reimbursement. The adjutant general shall annually adopt procedures to allocate the
appropriated monies in a manner consistent with the personnel needs of the ARIZONA
national guard, except that no right to reimbursement exists beyond the amounts
appropriated by the legislature.
B. To be eligible for tuition and fees reimbursement, a national guardsman shall:
1. Be a bona fide member of an ARIZONA army national guard unit or ARIZONA air
national guard unit throughout each semester for which he applies for such reimbursement.
2. Have satisfactorily completed initial active duty service.
3. Have satisfactorily performed duty upon return from initial active duty
training, including a minimum ninety per cent attendance on scheduled drill dates and at
annual training with his parent unit.
4. Maintain an average academic grade of "C" or better for each semester.
5. Not be eligible for a certificate of eligibility and benefits under the
veterans' readjustment benefits act of 1966 for the same period.
26-180 Application for reimbursement; times
A. Application for tuition and fees reimbursement shall be submitted to the office
of the adjutant general.
B. Within fifteen days after registration for each semester, the guardsman shall
submit an application for reimbursement, a certificate of enrollment, a notarized
statement that the certificate of enrollment and copies of receipts for tuition and fees
for such semester are the applicant's.
C. Within twenty-five days after completion of the semester, the guardsman shall
submit his official grade reports.
26-181 Evaluation of application; payment
A. Subsequent to submission of grade reports, the adjutant general shall evaluate
the applications for reimbursement and make payment to those applicants he determines to
be eligible.
B. Such reimbursement is subject to legislative appropriation and shall not exceed:
1. The maximum amount charged for in-state tuition and fees at a state university
during that academic year.
2. The amount expended by the national guardsman for in-state tuition and fees.
C. Such reimbursement payment shall be made within forty-five days from the date of
receipt of the applicant's grade reports for the semester for which reimbursement is to
be paid.
D. By September 15, the adjutant general shall annually issue a written report to
the president of the senate, the speaker of the house of representatives and the governor
that contains the following information:
1. The total number of national guardsmen that received reimbursement payments
pursuant to this section during the preceding fiscal year.
2. The number of newly recruited national guardsmen that received reimbursement
payments pursuant to this section during the preceding fiscal year.
3. The total amount of monies expended by the national guard for reimbursement
payments pursuant to this section during the preceding fiscal year.
26-182 National guard counterdrug and demand reduction activities; volunteers; drug enforcement support; assistance agreements
A. The national guard of this state may engage in counterdrug and demand reduction
activities in accordance with the governor's annual state plan and may request national
guard members to serve as volunteers to conduct these activities.
B. The national guard of this state may enter into mutual assistance and support
agreements pertaining to counterdrug activities with law enforcement agencies operating
in this state.
C. The national guard of this state may enter into agreements with the national
guard of other states to conduct training and aerial counterdrug operations in accordance
with the governor's annual state plan.
D. The national guard of this state may engage in counterdrug and demand reduction
activities on Indian reservation land at the request of a law enforcement agency or the
national guard of this state and with the permission of appropriate tribal authorities.
26-183 National guard relief fund
A. The national guard relief fund is established consisting of monies received
pursuant to section 43-619.
B. The adjutant general shall administer the fund. On notice from the adjutant
general, the state treasurer shall invest and divest monies in the fund as provided by
section 35-313, and monies earned from investments shall be credited to the fund. Monies
in the fund:
1. Are exempt from the provisions of section 35-190 relating to lapsing of
appropriations.
2. Are continuously appropriated to the department for the purposes prescribed in
subsection C of this section.
C. The national guard shall use the monies in the fund to provide financial
assistance to families of ARIZONA national guard members when the national guard member
is placed on active duty and is serving in a combat zone. 26-203 Actions or proceedings against members of military courts prohibited
No action or proceeding shall be prosecuted or maintained against a member of a
military court or against any officer or person acting under authority thereof and
performing any acts prescribed by this article.
26-204 Powers of military court; attendance of witnesses and production of documents; process to law enforcement officers; presumption of jurisdiction
A. A military court may:
1. Compel by subpoena, by subpoena duces tecum or by attachment, the attendance of
witnesses, both civil and military, and the production of books, papers and documents.
2. Punish for contempt a witness or other person appearing before the court, or any
person attempting to interrupt the proceedings thereof or impair the respect due its
authority.
3. Issue, in such form as the adjutant general prescribes, necessary processes and
mandates, including writs and warrants directed to marshals of the court, sheriffs,
constables and other law enforcement officers.
B. Commissions and subpoenas may be issued and witnesses summoned by the president
of a military court, or judge advocate, and the commanding officer of any organization
shall, upon request of the president or judge advocate, cause such commissions or
subpoenas to be served upon members of his command.
C. Jurisdiction of a military court or board convened as provided by this article
shall be presumed and the burden of proof is upon a person seeking to defeat the
jurisdiction of the court or board in any proceeding.
26-205 Duty of civil officers to execute process of military court
A. A civil officer to whom a process or mandate of a military court is directed
shall execute it and make return thereof as directed. The person in charge of a city,
town or county jail shall receive and confine in the manner prescribed by law any person
committed to his care by the process or mandate of a military court.
B. No fees or charges shall, unless authorized thereby, be paid by the military
court to any public officer or other person directed to perform a duty under this
section.
26-206 Charges against members of militia; service of charges and specifications; abatement of action
A. A person may, subject to military laws of the state, prefer charges against a
member of the militia.
B. A copy of the charges and specifications shall be delivered to the accused not
later than twenty days after arrest, or, if not held in custody for trial, to his last
known post office address or place of business, and a military court shall be ordered
convened not later than thirty days after receipt of the order by the officer authorized
to convene the court.
C. If a copy of the charges and specifications is not served, or a military court
is not ordered convened within the time specified, the charges shall abate, but at any
time within twelve months after release of the accused from arrest, the charges may be
served, a court ordered convened, and the accused brought to trial.
D. Appearance of the accused without objection and pleading to the charges shall be
deemed a waiver of any irregularity of service of papers.
26-207 Attendance of accused at trial; order to compel attendance; service; trial in absence of accused; apprehension and imprisonment of accused; limitation
A. If an accused member of the militia fails to appear for trial at the time and
place appointed, the president of the military court may issue an order to compel his
attendance.
B. The order shall be served in the same manner and by the same officer as bench
warrants are served, or by the marshal of the military court.
C. Upon presentation of evidence to the military court, noted in or attached to the
proceedings, that the accused has been notified of the time and place of trial, the
military court may enter a plea of not guilty for the accused and proceed with the trial
in his absence.
D. If any peace officer of this state is notified by the adjutant general that a
member of the national guard or state guard has apparently committed an offense against
this chapter, or against the uniform code of military justice of the United States, the
peace officer shall seize the accused and cause him to be imprisoned and held until
further ordered by the adjutant general, but no person so arrested shall be held for a
period longer than three days unless formal charges are filed against him in a military
or civil court.
26-208 Time and place of confinement; payment of fine and disposition
A. If a sentence orders an accused to be confined, the court-martial order shall
specify the place and time of commencement of the confinement, and if the sentence
provides for payment of a fine, the amount shall be paid to the president of the court or
trial counsel not later than ten days after the sentence is pronounced.
B. Not later than thirty days after payment of the fine, the president of the court
or trial counsel shall deliver the amount to the adjutant general who shall deposit it,
pursuant to sections 35-146 and 35-147, in the national guard fund. 26-209 Commitment of accused for failure to pay fine; warrant; length of confinement; judgment by justice of the peace based on findings of court-martial; execution; classification
A. If an accused fails or refuses to pay the fine imposed by a military court
within the time and manner specified in section 26-208, the president of the military
court shall, within ten days after expiration of the time within which the accused may
appeal, or, if an appeal is taken, within ten days after final determination thereof,
issue a warrant of commitment in the name of the state directed to the sheriff, and
commanding him to arrest the accused and take him to the jail of the city, town or county
in which he is found. Confinement for refusal to pay a fine shall be one day for each
ten dollars or fraction of the fine, penalty and costs. The accused may, by order of the
officer ordering the court, be released at any time.
B. The court may, in its discretion, and within the time prescribed by subsection A
of this section, file an authenticated copy of the findings of the court-martial with the
justice of the peace in the precinct in which the accused resides. The justice of the
peace shall thereupon render judgment against the accused, with costs, without issuing
summons, and shall issue execution thereon directed to the sheriff or to the constable of
the precinct. The sheriff or constable shall collect the fine and costs by execution as
at law.
C. A justice of the peace who intentionally fails to carry out the provisions of
this section is guilty of a petty offense.
26-231 Acquisition of property by national guard; surplus property of municipalities; acquisition by eminent domain; purchase; rent or lease; armory property fund
A. A county, city or town may sell, lease or otherwise grant to the state for
national guard purposes surplus real or personal property owned by it. The determination
of the governing body of the county, city or town that the property is surplus is final
and the property may be sold to the state for a consideration agreed upon between the
governing body and the general staff, or for a nominal consideration. The sale shall be
conducted without formalities, advertisement for bids or consideration of bids by other
persons.
B. The governor may exercise the power of eminent domain to obtain from
individuals, corporations or municipalities lands appropriate for national guard
purposes.
C. The national guard may purchase real property, buildings and appurtenances from
any person, corporation or municipal corporation with funds appropriated for that
purpose.
D. The national guard may lease or rent real property, buildings and appurtenances
with funds appropriated for that purpose.
E. The national guard may sell surplus armory real property and deposit the
proceeds in a state armory property fund established for that purpose. Monies in the
fund are continuously appropriated to the national guard for the construction and capital
improvement of national guard armories, subject to the approval of the joint committee on
capital review. On notice from the adjutant general, the state treasurer shall invest and
divest monies in the fund as provided by section 35-313, and monies earned from
investment shall be credited to the fund.
26-232 Protection of property
All state and federal property shall so far as possible be stored in state armories,
warehouses or arsenals. If the governor determines it necessary to protect the interests
of the state or the United States, he may require an officer having state or federal
property in his possession as the responsible and accountable officer, to furnish bond
for its care and safekeeping. The property shall be safeguarded and accounted for in
accordance with regulations of the department of defense of the United States or an
appropriate subdivision thereof.
26-233 Loss or destruction of property by national guard member; determination of responsibility; payment of federal claims or for replacement property
A. A member of the national guard who by gross negligence or wilfulness destroys,
loses or allows state or federal property to be lost or destroyed shall from personal
funds reimburse the state or federal government for the cost thereof. The responsible
officer shall submit a report of survey to the adjutant general. Upon receipt of the
report the adjutant general shall, if the property lost or destroyed is federal property,
forward the report to the national guard bureau for determination of responsibility, or,
if the property is state property, the adjutant general shall determine the
responsibility and his decision shall be final.
B. If the adjutant general finds that federal property has been lost through no
fault or neglect and the state is called upon to replace or pay for the property, the
department of administration division of finance shall pay claims assessed against the
state by the federal government, or if it is to the advantage of the state, shall accept
and pay claims incurred by the adjutant general in purchasing property from other sources
to replace lost federal property. The claims shall be paid from funds of the state
appropriated to the national guard for that purpose.
26-234 Property and disbursing officer; appointment; duties
A. The governor shall, subject to approval of the secretary of defense or a
designated subordinate, recommend for appointment an officer for the state as acting
property and disbursing officer of the United States. The officer appointed shall have
served in the armed forces of the United States or the national guard, and shall have
knowledge of military supply, procurement and administration. He shall qualify by
furnishing a bond in an amount and with sureties as required by the secretary of defense
of the United States, conditioned upon faithful performance of his duties and safekeeping
and proper disbursement of federal property and funds entrusted to his care.
B. The property and disbursing officer shall:
1. Receive, store and account for all funds and property belonging to the United
States in possession of the national guard.
2. Make returns and reports concerning such funds and property as required by the
secretary of defense.
3. Render such accounting of federal funds entrusted to him for disbursement as
required by the United States.
26-251 Acquisition of lands by United States for military purposes
The consent of the state may be given pursuant to section 37-620.02 in accordance
with the seventeenth clause, eighth section, of the first article of the Constitution of
the United States to the acquisition by the United States by purchase, lease,
condemnation or otherwise of any land in the state required for the erection of forts,
magazines, arsenals, dockyards and other needful buildings, or for any other military
installations of the government of the United States.
26-252 Exclusive jurisdiction of United States over lands acquired for military purposes; termination of jurisdiction
Exclusive jurisdiction over any land in the state acquired for any of the purposes
set forth in section 26-251, and over any public domain in the state reserved or used for
military purposes is ceded to the United States, but such jurisdiction shall continue no
longer than the United States owns or leases the land or continues to reserve or use such
public domain for military purposes.
26-253 Power of state to serve process upon land ceded United States for military purposes
The state retains concurrent jurisdiction with the United States for serving
process, civil or criminal, issuing under the authority of the state, or any courts, or
judicial officers thereof, upon any person amenable thereto within the limits of any land
over which exclusive jurisdiction has been ceded by the state to the United States for
military purposes in like manner as if no cession had taken place.
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