HB 2289
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ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
Second Regular Session
House: APPROP DPA/SE 8-6-2-1
HB 2289: technical correction; legal opinions; schools
S/E: active duty; state militia; governor
Sponsor: Representative Biasiucci, LD 30
Caucus & COW
Summary of the Strike-Everything to HB 2289
Overview
Allows the Governor to use the Arizona National Guard to protect the state and enforce state
law.
History
The State Militia is divided into three categories: the National Guard of Arizona, the State
Guard when organized and the unorganized militia (A.R.S. § 26-122). The National Guard
remains under authority of the Arizona Governor unless the United States President
federalizes them into active duty. Administration of the National Guard remains under
federal jurisdiction (A.R.S. § 26-174).
The Arizona Peace Officer Standards and Training Board (AZPOST) is responsible for
prescribing minimum qualifications for the recruitment, appointment and retention of peace
officers (A.R.S. § 41-1822). AZPOST certification is required for any person to be able to
perform the duties of a peace officer; but limited exceptions to this requirement are made for:
1) elected county sheriffs; 2) authorized juvenile court officers; 3) voluntary forest fire
wardens and deputy game and fish wardens; 4) adult probation and probation surveillance
officers; and 5) constables (A.R.S. § 41-1823; Attorney General Opinion No. I23-002).
Provisions
1. Permits the Governor to call all or part of the Arizona National Guard into active duty to:
a) repel invasion;
b) suppress acts of terrorism;
c) enforce state laws;
d) guard prisoners; and
e) transport prisoners. (Sec. 1)
2. Stipulates that the Arizona National Guard may only operate in this fashion within five
miles of the Arizona-Mexico border. (Sec. 1)
3. Exempts members of the Arizona National Guard, who are called by the Governor for this
purpose, from needing AZPOST certification. (Sec. 1)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note HB 2289
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Amendments
Committee on Appropriations
1. Adopted the strike-everything amendment.