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Arizona Revised Statutes - Title 26 Military Affairs and Emergency Management - Chapter 1 Emergency and Military Affairs

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  • 26-101 - Department of emergency and military affairs; organization; adjutant general; qualifications
    A. The department of emergency and military affairs is established consisting of a division of emergency management and other divisions or offices as determined by...
  • 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...
  • 26-103 - Department of emergency and military affairs employees; fingerprints; exemptions; definition
    26-103. Department of emergency and military affairs employees; fingerprints; exemptions; definition A. Except as provided in subsection B of this section, employees shall submit the...
  • 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...
  • 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...
  • 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...
  • 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...
  • 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...
  • 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...
  • 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...
  • 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...
  • 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...
  • 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...
  • 26-152 - National guard fund; camp Navajo fund
    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...
  • 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...
  • 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...
  • 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...
  • 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...
  • 26-157 - Officer's uniform allowances
    A newly commissioned or warranted officer in the national guard shall receive an allowance of two hundred fifty dollars for uniforms and related equipment on...
  • 26-158 - State active duty; employment benefits; travel allowances
    A. Notwithstanding section 38-671, subsection A, officers and enlisted personnel of the Arizona national guard while on state active duty exceeding thirty consecutive days by...
  • 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...
  • 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...
  • 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...
  • 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...
  • 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...
  • 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...
  • 26-166 - Immunity of national guard members on active duty: arrest; civil actions; 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...
  • 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...
  • 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 or the United States armed forces reserves to take leaves of absence...
  • 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...
  • 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,...
  • 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...
  • 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...
  • 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...
  • 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...
  • 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...
  • 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...
  • 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...
  • 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...
  • 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...
  • 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...
  • 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 the adjutant general...
  • 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...
  • 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...
  • 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...
  • 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...
  • 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....
  • 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...
  • 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...
  • 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...
  • 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
    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;...
  • 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...
  • 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...
  • 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...
  • 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...
  • 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...
  • 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...
  • 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,...
  • 26-261 - Military affairs commission; definition
    26-261. Military affairs commission; definition A. The military affairs commission is established. Through December 31, 2010, the commission membership consists of the following members: 1....
  • 26-262 - Military installation fund; report; definition
    A. The military installation fund is established consisting of revenues made available to the fund from any lawful source. The adjutant general shall administer the...
  • 26-263 - Appropriations; purposes; exemption
    26-263. Appropriations; purposes; exemption A. The sum of $90,000 and 1 FTE are appropriated from the state general fund in fiscal year 2011-2012 and each...
  • Last modified: February 19, 2012