Title 26 — Military Affairs and Emergency Management

A. The department of emergency and military affairs is established consisting of the 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 consists of the adju…

(L25, Ch. 256, sec. 1. Eff. 1/1/27) A. The department of emergency and military affairs is established consisting of the 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.…

A. The adjutant general shall serve as head of the department and, subject to the orders of the commander in chief, command the national guard of this state. The governor as commander in chief shall administer and control the national guard, and the adjutant general is responsibl…

A. Employees shall submit the form prescribed in subsection D of this section to the department and, except as provided in subsection C of this section, shall submit a full set of fingerprints to the department of emergency and military affairs and the department of public safety…

The governor shall appoint at least two assistant adjutants general of this state, one of whose branch of service is the army and one of whose branch of service is the air force. The governor may appoint additional assistant adjutants general if authorized by the chief national g…

1. Preventing human trafficking. 2. Preventing entry into the United States of: (a) Aliens who are unlawfully present in the United States. (b) Terrorists and instruments of terrorism. (c) Contraband, including narcotics and other controlled substances. 3. Planning, designing, co…

The hazard mitigation revolving fund is established consisting of monies appropriated by the legislature and monies received from the federal government. Monies in the fund are continuously appropriated. The department of emergency and military affairs shall administer the fund. …

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 e…

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 …

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 patr…

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 sp…

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 …

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 enro…

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.

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 p…

A. The national guard fund is established consisting of monies appropriated to the national guard. 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, an…

A. The 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 are employees of the fund and not of this state. The adjutant general shall administer the f…

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.

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 U…

A. Officers and enlisted personnel of the national guard on state active duty by order of the governor or adjutant general shall receive the same pay and allowance, including longevity pay, as prescribed for respective grades in the armed forces of the United States. Personnel on…

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 the date that the officer receives the commission or warrant. An officer on record as of January 1 of each year shall rece…

A. Officers and enlisted personnel of the Arizona national guard while on state active duty exceeding thirty consecutive days by order of the governor or adjutant general shall be considered employees of this state and, subject to appropriation, are eligible for health and accide…

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 c…

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.

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 stat…

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 separatio…

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 whi…

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 …

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. In any civil action…

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 diss…

A. An employer may not refuse to allow members of the national guard of this state or any other state or the United States armed forces reserves to take leaves of absence from employment for the purpose of complying with competent orders of this state, the other state or the Unit…

1. Withdraw from one or more courses for which tuition and fees have been paid. The tuition and fees must be credited to the student's account at the institution. Any refunds are subject to the requirements of the state or federal financial aid programs of origin. The student may…

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 …

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 s…

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 …

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…

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 ad…

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 or for any other reason the governor considers to be necessary, the governor may establish an a…

A. The adjutant general, if deemed necessary to the accomplishment of a mission of the national guard, may 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 …

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.

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.

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 th…

A. Any qualified national guardsman, spouse of a national guardsman, legal dependent of a national guardsman or employee of the department of emergency and military affairs who has completed a semester as a full-time or part-time graduate or undergraduate student at a public or p…

A. An application for tuition and fees reimbursement shall be submitted to the office of the adjutant general. B. Not later than twenty-one days after the beginning of each semester or term, the national guardsman, spouse or dependent of the national guardsman or employee of the …

A. After applicants submit their grade reports, the adjutant general shall evaluate the applications for tuition and fees reimbursement and pay those applicants the adjutant general determines to be eligible. B. Such reimbursement is subject to legislative appropriation and shall…

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 ent…

B. The national guard of this state may enter into mutual aid agreements pertaining to cyber response and protection activities with state agencies and political subdivisions of this state as authorized by section 26-309. C. The national guard cyber response revolving fund is est…

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.

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 p…

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 …