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Arizona State Legislature
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Forty-ninth Legislature - First Regular Session
 
 
Title 26 - Military Affairs and Emergency Management
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Chapter 1 EMERGENCY AND MILITARY AFFAIRS
Article 1 Emergency and Military Affairs
26-101 Department of emergency and military affairs; organization; adjutant general; qualifications
26-102 Powers and duties of the adjutant general
26-103 Department of emergency and military affairs employees; fingerprints; exemptions; definition
Article 1.1 Division of Military Affairs
26-113 Assistant adjutants general; appointment; qualifications
26-114 General staff; appointment; meetings; expenses
26-115 Powers and duties of general staff
Article 2 Militia
26-121 Composition of militia; persons exempt
26-122 Components of militia
26-123 Maintenance of private troops prohibited; violation; classification
26-124 Service by members of unorganized militia; volunteers during emergency; enrollment; selection; organizing selectees
26-125 Procedure to claim exemption from service; duty of county recorder; review by adjutant general
26-126 Violations; classifications
26-127 Discharge
Article 3 National Guard
26-151 Acceptance of national defense act; adoption of other federal acts and regulations pertaining to national guard
26-152 National guard fund; camp Navajo fund; report
26-153 Morale, welfare and recreational fund; sources of monies; exemptions
26-154 Organizational structure of national guard
26-155 Enlistment; appointment of officers
26-156 Pay of personnel
26-157 Officer's uniform allowances
26-158 Travel allowances
26-159 Powers of commanding officers; defense of officer to action based on act or omission
26-160 Oaths or affirmations
26-161 Retirement; retention of commission after withdrawal of federal recognition
26-162 Discharge of officer; grounds and procedure
26-163 Discharge of enlisted personnel; grounds; type of discharge
26-165 Service medals
26-166 Immunity of national guard members on active duty: arrest; civil actions; exemption from jury duty
26-167 Employment discrimination against national guard members prohibited; physical or economic duress to deter enlistment prohibited; violation; classification
26-168 Absence from employment for military duty; vacation and seniority rights; violation; classification
26-169 Discrimination against uniformed national guard members by public businesses prohibited; violation; classification
26-170 Unauthorized wearing of uniform; rank insignia; violation; classification
26-171 National guard training; inspection by department of defense; camp or field duty ordered by governor
26-172 Emergency mobilization; requests by municipalities for aid of national guard; mobilization into United States service
26-173 Payment of mobilization expenses
26-174 Arizona state guard; establishment; purpose; appropriations
26-175 Active duty tours for volunteers during peace time
26-176 Premiums on bonds of national guard officers
26-177 Opinions of attorney general
26-178 Illegal possession of equipment; classification
26-179 Tuition and fees reimbursement; eligibility
26-180 Application for reimbursement; times
26-181 Evaluation of application; payment
26-182 National guard counterdrug and demand reduction activities; volunteers; drug enforcement support; assistance agreements
26-183 National guard relief fund
Article 4 Military Law
26-203 Actions or proceedings against members of military courts prohibited
26-204 Powers of military court; attendance of witnesses and production of documents; process to law enforcement officers; presumption of jurisdiction
26-205 Duty of civil officers to execute process of military court
26-206 Charges against members of militia; service of charges and specifications; abatement of action
26-207 Attendance of accused at trial; order to compel attendance; service; trial in absence of accused; apprehension and imprisonment of accused; limitation
26-208 Time and place of confinement; payment of fine and disposition
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
Article 5 Acquisition and Care of Military Property
26-231 Acquisition of property by national guard; surplus property of municipalities; acquisition by eminent domain; purchase; rent or lease; armory property fund
26-232 Protection of property
26-233 Loss or destruction of property by national guard member; determination of responsibility; payment of federal claims or for replacement property
26-234 Property and disbursing officer; appointment; duties
Article 6 Acquisition of Lands by United States for Military Purposes
26-251 Acquisition of lands by United States for military purposes
26-252 Exclusive jurisdiction of United States over lands acquired for military purposes; termination of jurisdiction
26-253 Power of state to serve process upon land ceded United States for military purposes
Chapter 2 EMERGENCY MANAGEMENT
Article 1 General Provisions
26-301 Definitions
26-302 General powers of governor
26-303 Emergency powers of governor; termination; authorization for adjutant general; limitation
26-304 State emergency council; membership; powers and duties; definition
26-305 Division of emergency management; duties; director; term; qualifications; compensation; emergency management training fund
26-305.01 Nuclear emergency plan; duties of division and director
26-305.02 Hazardous materials emergency management program; emergency planning and community right‑to‑know; duties of the division and director
26-306 Powers and duties of the director of emergency management
26-306.01 Assessment on commercial nuclear generating stations
26-306.02 Nuclear emergency management fund; exemption; audit
26-307 Power of counties, cities, towns and state agencies designated by the governor to make orders, rules and regulations; procedure
26-308 Powers of local government; local emergency management establishment; organization
26-309 Mutual aid; responsibilities of agencies and officials; agreements; definition
26-310 Use of professional skills
26-311 Local emergency; power of political subdivisions; state agency assistance
26-312 Authority of executive officers and governing bodies to accept materials or funds
26-313 Reimbursement to state agencies; use of state agency resources
26-314 Immunity of state, political subdivisions and officers, agents and emergency workers; limitation; rules
26-315 Political activities prohibited
26-316 Enforcement of orders, rules and regulations
26-317 Violation; classification
26-318 Exemption from payment of registration and weight fees for vehicles owned by a disaster assistance organization; procedure; form
26-319 Commercial nuclear generating station; emergency planning zone; recording
Article 3 Emergency Planning and Community Right-to-Know Act
26-341 Definitions
26-342 Relationship to other law; declaration of application
26-343 Arizona emergency response commission; advisory committee; powers and duties
26-343.01 Arizona chemical fire response coordination task force; members; duties; immunity
26-344 Emergency planning districts; local emergency planning committees
26-345 Comprehensive emergency response plans
26-346 Extremely hazardous substances
26-347 Facilities subject to emergency planning; facility emergency response plans
26-348 Emergency notification of reportable releases
26-349 Material safety data sheets
26-350 Emergency and hazardous chemical inventory forms
26-351 Toxic chemical release forms; definitions
26-352 Emergency response fund
26-353 Emergency response; immunity
Chapter 3 EMERGENCY MANAGEMENT ASSISTANCE COMPACT
Article 1 General Provisions
26-401 Title
26-402 Compact
Chapter 9 ARIZONA CODE OF MILITARY JUSTICE
Article 1 General Provisions
26-1001 Definitions
26-1002 Persons subject to the code
26-1003 Jurisdiction to try personnel
26-1004 Dismissed officer's right to trial by court‑martial
26-1005 Territorial applicability
26-1006 State judge advocate; staff judge advocates
Article 2 Apprehension and Restraint
26-1007 Apprehension
26-1008 Apprehension of deserters
26-1009 Authority to order arrest
26-1010 Restraint of persons charged with offenses
26-1011 Receiving of prisoners at civilian correction facility; statement
26-1013 Punishment before trial; prohibition
26-1014 Delivery of offenders to civil authorities
Article 3 Nonjudicial Punishment
26-1015 Commanding officer; nonjudicial punishment
Article 4 Court-Martial Jurisdiction
26-1016 Courts‑martial; classifications
26-1017 Jurisdiction of courts‑martial; in general
26-1018 Jurisdiction of general courts‑martial
26-1019 Jurisdiction of special courts‑martial
26-1020 Jurisdiction of summary courts‑martial
26-1021 Jurisdiction of courts‑martial not exclusive
Article 5 Composition of Courts-Martial
26-1022 Convening of general courts‑martial
26-1023 Convening of special courts‑martial
26-1024 Convening of summary courts‑martial
26-1025 Service on courts‑martial
26-1026 Military judge of a general or special court‑martial
26-1027 Detail of trial counsel and defense counsel
26-1028 Detail or employment of reporters and interpreters
26-1029 Absent and additional members
Article 6 Pretrial Procedure
26-1030 Charges and specifications
26-1031 Compulsory self‑incrimination; prohibition
26-1033 Forwarding of charges
26-1034 Advice of staff judge advocate; reference for trial
26-1035 Service of charges
Article 7 Trial Procedure
26-1036 Governor's rule making authority
26-1037 Unlawfully influencing action of court
26-1038 Duties of trial counsel and defense counsel
26-1039 Sessions
26-1040 Continuances
26-1041 Challenges
26-1042 Oaths
26-1043 Statute of limitations
26-1044 Former jeopardy
26-1045 Pleas of the accused
26-1046 Opportunity to obtain witnesses and other evidence
26-1047 Refusal to appear or testify
26-1048 Contempt
26-1049 Depositions
26-1050 Admissibility of records of courts of inquiry
26-1051 Voting and rulings
26-1052 Number of votes required
26-1053 Announcement of action
26-1054 Record of trial
Article 8 Sentences
26-1055 Sentences; reduction in enlisted grade on approval
26-1056 Maximum limits
26-1057 Effective date of sentences
26-1058 Execution of confinement
Article 9 Post-Trial Procedure and Review of Courts-Martial
26-1059 Error of law; lesser included offense
26-1060 Action by the convening authority
26-1061 Withdrawal of appeal
26-1062 Appeal by the state
26-1063 Rehearings
26-1064 Review by judge advocate
26-1065 Disposition of records
26-1067 Court of military appeals; members; terms; compensation; duties; review; procedures
26-1070 Appellate counsel; civilian counsel
26-1071 Suspension of sentence
26-1072 Vacation of suspension
26-1073 Petition for a new trial
26-1074 Remission and suspension
26-1075 Restoration
26-1076 Finality of proceedings, findings and sentences
Article 10 Offenses
26-1077 Principals
26-1078 Accessory after the fact
26-1079 Conviction of lesser included offense
26-1080 Attempts
26-1081 Conspiracy
26-1082 Solicitation
26-1083 Fraudulent enlistment, appointment or separation
26-1084 Unlawful enlistment, appointment or separation
26-1085 Desertion
26-1086 Absence without leave
26-1087 Missing movement
26-1088 Contempt toward officials
26-1089 Disrespect toward superior commissioned officer
26-1090 Assaulting or willfully disobeying superior commissioned officer
26-1091 Insubordinate conduct toward warrant officer or noncommissioned officer
26-1092 Failure to obey order or rule
26-1093 Cruelty and maltreatment
26-1094 Mutiny or sedition
26-1095 Resistance, breach of arrest and escape
26-1096 Releasing prisoner without proper authority
26-1097 Unlawful detention
26-1098 Noncompliance with procedural rules
26-1099 Misbehavior in time of public danger; definition
26-1103 Captured or abandoned property
26-1107 False official statements
26-1108 Military property; loss, damage, destruction or wrongful disposition
26-1109 Property other than military property; waste, spoilage or destruction
26-1110 Improper hazarding of vessel or aircraft
26-1111 Drunken or reckless driving
26-1112 Drunk on duty
26-1113 Misbehavior of sentinel or lookout
26-1114 Dueling
26-1115 Malingering
26-1116 Riot or breach of peace
26-1117 Provoking speeches or gestures
26-1118 Wrongful use and possession of controlled substances
26-1121 Larceny and wrongful appropriation
26-1123 Forgery
26-1124 Making, drawing or uttering check, draft or order without sufficient monies; definition
26-1127 Extortion
26-1128 Assault
26-1131 Perjury
26-1132 Frauds against the United States
26-1133 Conduct unbecoming an officer and a gentleman
26-1134 General misconduct
Article 11 Miscellaneous Provisions
26-1135 Courts of inquiry
26-1137 Articles; explanation
26-1138 Complaints of wrongs
26-1139 Redress of injuries to property
26-1140 Delegation by the governor