Title 26 — Military Affairs and Emergency Management

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 p…

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,…

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 th…

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 t…

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 …

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 posse…

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 rep…

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 th…

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 an…

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 Un…

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 juri…

A. The military affairs commission is established. The commission membership consists of: 1. Sixteen members who are appointed by the governor and who include the following: (a) Twelve members who reside in a community in which a military installation is located. Of this group, s…

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 fund. On notice from the adjutant general, the state treasurer shall invest and divest monies in the fund as provid…

B. The sum of $85,000 is appropriated from the state general fund in fiscal year 2011-2012 and each fiscal year thereafter to the attorney general's office for implementation of section 9-461.06, title 11, chapter 6, article 1 and section 28-8481. C. The appropriations made in th…

In this chapter, unless the context otherwise requires: 1. "Commercial nuclear generating station" means an electric power generating facility which is owned by a public service corporation, a municipal corporation or a consortium of public service corporations or municipal corpo…

(L21, Ch. 405, sec. 7) The governor may delegate any of the powers vested in the office of the governor under this chapter to the adjutant general who may further delegate the powers to the director of emergency management except the powers enumerated in section 26-303, subsectio…

A. During a state of war emergency, the governor may: 1. Suspend the provisions of any statute prescribing the procedure for conduct of state business, or the orders or rules of any state agency, if the governor determines and proclaims that strict compliance with the provisions …

A. The state emergency council is established consisting of the following persons or their designee: 1. Governor. 2. Secretary of state. 3. Attorney general. 4. Adjutant general. 5. Director of the division of emergency management. 6. Director of the department of transportation.…

A. There is established in the department of emergency and military affairs the division of emergency management, which is administered by the department under the authority of the adjutant general, subject to powers vested in the governor as provided by law. B. The division shal…

A. The division is designated the lead agency and has the overall and primary responsibility for development of a state plan for off-site response to an emergency caused by an accident at a commercial nuclear generating station. B. The director shall develop the plan by appointin…

A. The division shall develop preparedness recommendations for the public regarding the type and quantity of supplies, including food, water and medical supplies, that each person in this state should possess in preparation for an electromagnetic pulse that might occur over the U…

A. The director, subject to the approval of the adjutant general, shall: 1. Be the administrative head of the division. 2. Be the state director for emergency management. 3. Make rules necessary for the operation of the division. 4. Develop and test plans for meeting any conditio…

A. The legislature shall levy an assessment pursuant to subsection D of this section to provide for the development and maintenance of a state plan for off-site response to an emergency caused by an accident at a commercial nuclear generating station and to provide for the equipm…

A. The nuclear emergency management fund is established consisting of monies appropriated by the legislature under section 26-306.01. The division shall use the fund for administering and enforcing the state plan for off-site response to an emergency caused by an accident at a co…

A. State agencies when designated by the governor, and counties, cities and towns may make, amend and rescind orders, rules and regulations necessary for emergency functions but such shall not be inconsistent with orders, rules and regulations promulgated by the governor. B. Any …

A. Each county and incorporated city and town of the state may appropriate and expend funds, make contracts and obtain and distribute equipment, materials and supplies for emergency management purposes. B. Each county and incorporated city and town of the state shall establish an…

A. The purposes of the provisions of this section are to facilitate the rendering of aid to persons or property in areas within the state stricken by an emergency and to make unnecessary the execution of written agreements in times of emergency. Any emergency plans duly adopted a…

During a state of war emergency or a state of emergency, any person holding any license, certificate or other permit issued by any state evidencing the meeting of the qualifications of such state for professional, mechanical or other skills may render aid involving such skill to …

A. In addition to the powers granted by other provisions of the law or charter, if the mayor of an incorporated city or town or the chairman of the board of supervisors for the unincorporated areas of the county deems that an emergency exists due to fire, conflagration, flood, ea…

The governor on behalf of the state or the governing body of a political subdivision of this state may accept for purposes of emergency services an offer of the federal government or an agency or officer thereof, or an offer of any person, firm or corporation of services, equipme…

A. Reimbursement to any state agency for state funds expended in the performance of any and all activities as set forth in this chapter shall be made in accordance with section 35-192. B. Any funds received by state agencies as reimbursement for services or supplies furnished und…

A. This state and its departments, agencies, boards and commissions and all political subdivisions are not liable for any claim based on the exercise or performance, or the failure to exercise or perform, a discretionary function or duty by any emergency worker, except for wilful…

No public organization established under the authority of this chapter shall participate in any form of political activity nor shall it be employed directly or indirectly for political purposes.

The law enforcing authorities of the state and political subdivisions shall enforce orders, rules and regulations issued pursuant to this chapter.

Any person who violates any provision of this chapter or who knowingly fails or refuses to obey any lawful order or regulation issued as provided in this chapter shall be guilty of a class 1 misdemeanor. This provision does not apply to the refusal of any private organization or …

A. Any nonprofit organization organized in this state and recognized as nonprofit and tax exempt by the United States internal revenue service and owning vehicles operated exclusively for disaster or search and rescue assistance may apply to the division of emergency management, …

The owners of a commercial nuclear generating station shall prepare, execute and record in the office of the county recorder a legal description of the land that is within an emergency planning zone consisting of all land within a ten mile radius of the commercial nuclear generat…

A. The division may coordinate with a broadcasting association in this state or a cable television telecommunication association in this state, or both, to develop comprehensive, coordinated plans for preparing for and responding appropriately to an emergency or disaster. B. The …

B. The tolling period prescribed by subsection A of this section runs from the date the issuing authority determines that the ordinary government operations in effect before the state of emergency proclamation were altered or limited until the date the issuing authority determine…

This act may be cited as the emergency management assistance compact.

The legislature of the state of Arizona hereby authorizes the governor of the state of Arizona to enter into a compact on behalf of the state of Arizona with any other state legally joining therein, in the form substantially as follows: EMERGENCY MANAGEMENT ASSISTANCE COMPACT ART…

A. The emergency management assistance compact and Arizona mutual aid compact revolving fund is established consisting of monies appropriated by the legislature and monies received as reimbursement for costs incurred by this state and any supporting partners of this state, while …

A. Pursuant to the emergency management assistance compact authorized by the legislature in section 26-402, the governor of this state may deploy those officers, employees and members of a private entity or a registered and credentialed volunteer organization in this state who ha…

In this chapter, unless the context otherwise requires: 1. "Accuser" means a person who signs and swears to charges, a person who directs that charges nominally be signed and sworn to by another and any other person who has an interest other than an official interest in the prose…

A. The following persons are subject to the code: 1. Members of the national guard. 2. All other persons lawfully ordered to duty with the national guard from the dates they are required to serve by the terms of the order or other directive calling them into service. B. The volun…

A. Each person discharged from the national guard who is later charged with having fraudulently obtained the discharge is subject to trial by court-martial on that charge and is, after apprehension, subject to this code while in the custody of the military for that trial. On conv…

A. If any commissioned officer, dismissed by order of the governor, makes a written application for trial by court-martial setting forth, under oath, that he has been wrongfully dismissed, the governor, as soon as practicable, shall convene a general court-martial to try that off…

A. This code applies in this state and to all persons otherwise subject to this code while they are serving outside this state, and while they are going to and returning from such service outside this state, in the same manner and to the same extent as if they were serving inside…

A. The adjutant general, with approval of the governor, shall appoint an officer of the national guard as state judge advocate, who shall be a member in good standing of the state bar of Arizona and shall have been a member of the state bar of Arizona and a member of the national…

A. Any person authorized by this chapter or by rules adopted pursuant to this chapter to apprehend persons subject to this code or for trial may do so on reasonable belief that an offense has been committed and that the person apprehended committed it. B. Commissioned officers, w…