Assigned to GOV & APPROP                                                                                                        FOR COMMITTEE

ARIZONA STATE SENATE

Forty-eighth Legislature, First Regular Session

FACT SHEET FOR S.B. 1132

homeland security force

Purpose

            Creates the Homeland Security Force (HSF) and the Homeland Security Committee and assigns rules and procedures to govern the force.  Makes a blank appropriation from the state General Fund in FY 2007-2008 to the Governor for administration of the HSF.

Background

            Laws 1952, Chapter 95, established a militia, which consists of all able-bodied citizens between the ages of 18 and 45 and all residents of the state who have declared their intention of becoming a citizen. Exempted individuals include persons with specified disabilities, judges and clerks of courts of record, state and county civil officers holding office by election, members of the Legislature, persons convicted of infamous crimes, others exempted by federal or state laws, and ministers of gospel.

Statute divides the militia into three categories: the National Guard of Arizona, the State Guard when organized and the unorganized militia. 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. The State Guard becomes active, under direction of the Governor, to protect the safety, property and lives of the people of Arizona, and when a major portion of the National Guard is alerted for federal service. The unorganized militia consists of members not in the National Guard or State Guard when organized.

            The National Conference of State Legislatures identified 42 other states that have statutes pertaining to a state guard, militia or defense force.  Of those, approximately 24 have an active state defense force.  Statute names the defense forces as militias; however, they are usually referred to as Guards or Defense Forces.  Typically, the force is comprised of an all-volunteer membership under the control of the Governor and Adjutant General.

            There is a blank appropriation from the state General Fund for FY 2007-2008 to the Governor to administer the Homeland Security Force.

Provisions

1. Creates the Homeland Security Force (HSF).

2. Establishes the Homeland Security Committee (Committee) consisting of: a) three members of the Senate, appointed by the Senate President; b) three members of the House of Representatives, appointed by the Speaker; and c) three members appointed by the Governor, with preference for honorably discharged veterans.

3. Charges the Committee with regulating membership and organization of the HSF.

4. Allows the Governor to deploy able-bodied citizens at least 18 years of age, who have volunteered for the HSF, if the Governor determines a state of emergency exists or that it is necessary to protect lives or property of the state.

5. Funds the HSF through legislative appropriations.

6. Prohibits volunteers from receiving compensatory wages.

7. Allows members to receive reimbursement of expenses receivable from the Department of Emergency and Military Affairs.

8. Requires officers, appointed by the Governor, to have prior military experience to conform to rules set forth by the Committee

9. Stipulates that officers be under the direct control of the Governor.

10. Requires the Adjutant General to provide training for the officers.

11. Limits training to one Saturday per month, under orders of appointed officers.

12. Allows the National Guard to assist in training HSF members.

13. Exempts HSF members from federal active duty.

14. Precludes members from the Code of Military Justice and applies Arizona state law.

15. Prohibits members from discussing their sexual orientation with the media as a topic of an interview.

16. Requires the Adjutant General to expel any member who divulges his/her sexual orientation to the media unless the Governor deems it unintentional.

17. Makes a blank appropriation from the state General Fund in FY 2007-2008 to the Governor for administration of the HSF.

18. Exempts the appropriation from lapsing.

19. Becomes effective on the general effective date.

Prepared by Senate Research

January 17, 2007

CN/jas