| 69 | | - | Be it enacted by the Legislature of the State of Arizona: Section 1. Section 26-101, Arizona Revised Statutes, is amended to read: START_STATUTE26-101. Department of emergency and military affairs; organization; adjutant general; qualifications 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 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 and shall serve at the pleasure of the governor. The person appointed shall: 1. Be a citizen of the United States, . 2. be a current resident of this State or establish domicile in this state for residency purposes within ninety days following appointment. 3. Meet any of the following criteria: (a) Have served two of the five years immediately preceding appointment in the national guard in the state or territory where the person is an assigned member and establish domicile in Arizona for residency purposes within ninety days after appointment. (b) Have served at least two of the seven years immediately preceding appointment in the national guard in the state or territory where the person is an assigned member and currently be serving as a full-time or part-time general officer in the national guard. (c) BE A RETIRED GENERAL OFFICER WHO HAS BEEN ON MILITARY RETIRED STATUS FOR NOt MORE THAN TWENTY-FOUR MONTHS before THE PROJECTED APPOINTMENT DATE AND have SERVED IN THE NATIONAL GUARD IN THIS STATE FOR AT LEAST TWO OF THE FIVE YEARS IMMEDIATELY PRECEDING THE GENERAL OFFICER'S RETIREMENT. E. In appointing the adjutant general, the governor may give preference to a person who has served in the national guard of this state. 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, if not already a general officer, shall attain federal recognition in a grade of at least brigadier general not later than two years after the appointment. Before appointment, any person who is notified that the person is being considered by the governor for appointment shall provide evidence, by the deadline stipulated, to the agency, department or office designated by the governor, of compliance with current army or air force standards or requirements, depending on the person's branch of service, pertaining to medical eligibility, height, weight, body composition and physical fitness. The person must be in compliance at least twelve months before the date of appointment. A retired officer who needs any testing, examination or documentation to meet appointment standards shall obtain such at no cost or liability to the department or this state. Any officer who is not currently assigned to or serving in this state and who needs any testing, examination or documentation to meet the requirements of this section shall obtain such at no cost or liability to the department or this state. Any records submitted to this state pursuant to this section that contain medical information shall be handled, distributed and retained in accordance with state and federal law. Only qualified military medical personnel shall examine the medical records for the purpose of DETERMINING whether a person meets medical standards and may not disclose any details of the person's health when attesting to whether the person meets current medical standards for military service. A person's failure to meet these medical standards or other qualifications, failure to retain federal recognition or failure to meet the age provided by federal law relating to state adjutants general shall terminate terminates the appointment. E. F. The adjutant general shall receive compensation as determined pursuant to section 38-611 and shall devote full time to the office. F. G. At the time of appointment, the adjutant general shall receive the state rank of major general and, at that time, shall become the ranking officer in the department of emergency and military affairs. END_STATUTE Sec. 2. Section 26-102, Arizona Revised Statutes, is amended to read: START_STATUTE26-102. Powers and duties of the adjutant general 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 responsible to the governor for executing all orders relating to the militia, organizing, activating, reactivating, inactivating and allocating units, recruiting personnel, public relations and disciplining and training 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 as the commanding general 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 United States 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 repairing military property. 8. Dispose of unserviceable military property belonging to this state, account for the proceeds and transmit the proceeds 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 operating 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. Subject to title 41, chapter 4, article 4 and, as applicable, article 5, appoint, suspend, demote, promote or dismiss employees of the department. 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 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 operating the department and for organizing, governing, arming, equipping, instructing and compensating the national guard and authorized employees. Rules that are adopted for the national guard and authorized employees pursuant to this paragraph shall be in force and effect when approved by the governor. 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 or who have served as a law enforcement officer in any branch of the United States armed forces or as a special agent of a military criminal investigative organization within the United States department of defense. Before appointment as peace officers, the individuals must successfully complete a course of study prescribed by the Arizona peace officer standards and training board. Individuals appointed as peace officers pursuant to this paragraph, when performing duties at facilities or on land operated or controlled by or under the jurisdiction of the adjutant general, have all the powers, privileges and immunities of peace officers provided by law. Individuals appointed as peace officers pursuant to this paragraph 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 shall be conducted by the national guard of Arizona in a paramilitary environment. The goal of the educational program is to provide persons who are 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. 9. Submit to the governor, the president of the senate and the speaker of the house of representatives annually by September 1 a report for the department for the preceding fiscal year that includes: (a) The strength and condition of the national guard. (b) The business transactions of the department. (c) A detailed statement of expenditures for all military and civilian purposes. (d) The disposition of all military and civilian property on hand or issued. (e) A description of the activity in the camp Navajo fund established by section 26-152. (f) A detailed statement of the national guard postsecondary education reimbursement program pursuant to section 26-181, subsection D. 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 to purchase, acquire, rent or lease lands, buildings or military materiel and take title in the name of this state for establishing and maintaining 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, the community colleges or any educational institution supported by federal or state monies to promote 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 prescribed in this section. 8. Adopt methods of security for the national guard reservations or facilities that are consistent with the laws, regulations or directives of the United States department of defense or any subdivision of the United States department of defense and the laws of this state. 9. Enter into a contract or agreement with an INDIVIDUAL or political subdivision of this state to facilitate any of the following: (a) Training. (b) Emergency operations. (c) Maintenance of aircraft. (d) Safety, including emergency and medical services. (e) Movement or storage of aircraft. (f) Recruitment and RETENTION of PERSONNEL for the national guard of arizona. 10. Subject to legislative appropriations, 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 shall be conducted by the national guard of Arizona in a paramilitary environment. The goal of the educational program is to provide persons who are 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 to administer, operate and support the program. END_STATUTE Sec. 3. Section 26-104, Arizona Revised Statutes, is amended to read: START_STATUTE26-104. Assistant adjutants general; appointment; qualifications There shall be at least two assistant adjutants general of the this state, one branch of service army and one branch of service air force who shall be are appointed by the governor. Additional assistant adjutants general may be appointed if authorized by the chief national guard bureau. They shall The assistant adjutants general must meet all of the following: 1. Be appointed as general officers and must possess the same qualifications prescribed in section 26-101 for the adjutant general IN THE NATIONAL GUARD of this state. 2. RECEIVE FEDERAL RECOGNITION OF THEIR GENERAL OFFICER RANK WITHIN TWENTY-FOUR MONTHS after APPOINTMENT. 3. AT THE TIME OF FEDERAL RECOGNITION, BE IN COMPLIANCE WITH CURRENT ARMY OR AIR FORCE STANDARDS OR REQUIREMENTS, DEPENDING ON THE APPOINTEE'S BRANCH OF SERVICE, PERTAINING TO MEDICAL ELIGIBILITY, HEIGHT, WEIGHT, BODY COMPOSITION AND PHYSICAL FITNESS. END_STATUTE Sec. 4. Section 26-181, Arizona Revised Statutes, is amended to read: START_STATUTE26-181. Evaluation of applications; payment of tuition and fees reimbursement; report 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 not exceed: 1. The maximum amount charged for in-state tuition and fees at a state university during that academic year. 2. The amount spent by the the applicant for in-state tuition and fees. C. A reimbursement payment shall be made within forty-five days after the date of receipt of the applicant's grade reports for the semester for which reimbursement is to be paid. D. The adjutant general shall report the following information as provided by section 26-102, subsection C, paragraph 10 9: 1. The total number of national guardsmen who received reimbursement payments pursuant to this section during the preceding fiscal year. 2. The number of newly recruited national guardsmen who received reimbursement payments pursuant to this section during the preceding fiscal year. 3. The total number of spouses and dependents of national guardsmen who received reimbursement payments pursuant to this section during the preceding fiscal year. 4. The total number of employees of the department of emergency and military affairs who received reimbursement payments pursuant to this section during the preceding fiscal year. 5. The total amount of monies spent by the national guard for reimbursement payments pursuant to this section during the preceding fiscal year. END_STATUTE Sec. 5. Emergency This act is an emergency measure that is necessary to preserve the public peace, health or safety and is operative immediately as provided by law. |
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| 69 | + | Be it enacted by the Legislature of the State of Arizona: Section 1. Section 26-102, Arizona Revised Statutes, is amended to read: START_STATUTE26-102. Powers and duties of the adjutant general 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 responsible to the governor for executing all orders relating to the militia, organizing, activating, reactivating, inactivating and allocating units, recruiting personnel, public relations and disciplining and training 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 as the commanding general 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 United States 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 repairing military property. 8. Dispose of unserviceable military property belonging to this state, account for the proceeds and transmit the proceeds 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 operating 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. Subject to title 41, chapter 4, article 4 and, as applicable, article 5, appoint, suspend, demote, promote or dismiss employees of the department. 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 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 operating the department and for organizing, governing, arming, equipping, instructing and compensating the national guard and authorized employees. Rules that are adopted for the national guard and authorized employees pursuant to this paragraph shall be in force and effect when approved by the governor. 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 or who have served as a law enforcement officer in any branch of the United States armed forces or as a special agent of a military criminal investigative organization within the United States department of defense. Before appointment as peace officers, the individuals must successfully complete a course of study prescribed by the Arizona peace officer standards and training board. Individuals appointed as peace officers pursuant to this paragraph, when performing duties at facilities or on land operated or controlled by or under the jurisdiction of the adjutant general, have all the powers, privileges and immunities of peace officers provided by law. Individuals appointed as peace officers pursuant to this paragraph 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 shall be conducted by the national guard of Arizona in a paramilitary environment. The goal of the educational program is to provide persons who are 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. 9. Submit to the governor, the president of the senate and the speaker of the house of representatives annually by September 1 a report for the department for the preceding fiscal year that includes: (a) The strength and condition of the national guard. (b) The business transactions of the department. (c) A detailed statement of expenditures for all military and civilian purposes. (d) The disposition of all military and civilian property on hand or issued. (e) A description of the activity in the camp Navajo fund established by section 26-152. (f) A detailed statement of the national guard postsecondary education reimbursement program pursuant to section 26-181, subsection D. 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 to purchase, acquire, rent or lease lands, buildings or military materiel and take title in the name of this state for establishing and maintaining 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, the community colleges or any educational institution supported by federal or state monies to promote 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 prescribed in this section. 8. Adopt methods of security for the national guard reservations or facilities that are consistent with the laws, regulations or directives of the United States department of defense or any subdivision of the United States department of defense and the laws of this state. 9. Enter into a contract or agreement with an INDIVIDUAL or political subdivision of this state to facilitate any of the following: (a) Training. (b) Emergency operations. (c) Maintenance of aircraft. (d) Safety, including emergency and medical services. (e) Movement or storge of aircraft. (f) Recruitment and RETENTION of PERSONNEL for the national guard of arizona. 10. Subject to legislative appropriations, 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 shall be conducted by the national guard of Arizona in a paramilitary environment. The goal of the educational program is to provide persons who are 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 to administer, operate and support the program. END_STATUTE Sec. 2. Section 26-181, Arizona Revised Statutes, is amended to read: START_STATUTE26-181. Evaluation of applications; payment of tuition and fees reimbursement; report 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 not exceed: 1. The maximum amount charged for in-state tuition and fees at a state university during that academic year. 2. The amount spent by the the applicant for in-state tuition and fees. C. A reimbursement payment shall be made within forty-five days after the date of receipt of the applicant's grade reports for the semester for which reimbursement is to be paid. D. The adjutant general shall report the following information as provided by section 26-102, subsection C, paragraph 10 9: 1. The total number of national guardsmen who received reimbursement payments pursuant to this section during the preceding fiscal year. 2. The number of newly recruited national guardsmen who received reimbursement payments pursuant to this section during the preceding fiscal year. 3. The total number of spouses and dependents of national guardsmen who received reimbursement payments pursuant to this section during the preceding fiscal year. 4. The total number of employees of the department of emergency and military affairs who received reimbursement payments pursuant to this section during the preceding fiscal year. 5. The total amount of monies spent by the national guard for reimbursement payments pursuant to this section during the preceding fiscal year. END_STATUTE |
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