HB2062 - 552R - Senate Fact Sheet

Purpose

Modifies qualifications for the Adjutant General and administrative requirements for the Arizona National Guard. Expands eligibility for tuition and fees reimbursement through the Arizona National Guard.

Background

The Adjutant General of Arizona, who serves as the Director of the Department of Emergency and Military Affairs (DEMA), must be a U.S. citizen and establish residency in Arizona within 90 days of appointment. The person appointed must meet qualifications required by the Adjutant General for the U.S. Department of Defense and attain federal recognition in a grade of at least Brigadier General within two years of the appointment. Laws 2014, Chapter 143 removed the requirement for the Adjutant General to have served at least 5 years in the Arizona National Guard in the last 10 years (A.R.S. § 26-101).

Any qualified national guard member may apply for tuition and fees reimbursement if the member: 1) is a bona fide member of the Arizona National Guard army or air unit throughout each semester for which the member applies for reimbursement; 2) has satisfactorily completed initial active duty service; 3) has satisfactorily performed duty on return from initial active duty training, including a minimum of 90 percent attendance on scheduled drill dates and at annual training with the member's parent unit; 4) maintains an average academic grade of C or better for each semester; and 5) is not eligible for federal tuition and fees reimbursement (A.R.S. § 26-179).

The JLBC Baseline includes $1,000,000 from the state General Fund (state GF) in FY 2023 for the National Guard Tuition Reimbursement line item (JLBC Baseline).

If additional qualified tuition and fees reimbursement applications are approved, thereby reducing the amount of National Guard Tuition Reimbursement monies that revert back to the General Fund, there may be a fiscal impact to the state GF.

Provisions

1. Requires the Adjutant General to have served in the national guard of the U.S. state or territory where the person is assigned as a member for at least two of the five years preceding appointment.

2. Allows the Governor, when appointing the Adjutant General, to give preference to a person who has served in the Arizona National Guard.

3. Asserts that the Adjutant General commands the Arizona National Guard, subject to the orders of the Governor.

4. Allows a spouse or legal dependent of a national guard member or an employee of DEMA to apply for tuition and fees reimbursement for semesters completed at a public or private postsecondary educational institution as specified.

5. Requires a spouse or legal dependent, following in order to qualify for tuition and fees reimbursement, to:

a) be the legal spouse or legal dependent of a national guard member who meets outlined service requirements;

b) be registered as the legal spouse or legal dependent of a national guard member in the defense enrollment eligibility reporting system or its successor system; and

c) maintain an average grade of C or better for each semester.

6. Requires a DEMA employee, in order to qualify for tuition and fees reimbursement, to:

a) be a bona fide DEMA employee throughout each semester for which the member applies for reimbursement;

b) have a current job performance evaluation of meets expectations or its equivalent;

c) maintain an average academic grade of C or better for each semester; and

d) meet the requirements prescribed by the Arizona Department of Administration for tuition reimbursement, and the policies and procedures adopted by the Adjutant General, including any requirement to remain employed with DEMA for a defined period of time or be required to return all or a portion of the amount of reimbursement received.

7. Requires an application for reimbursement to be submitted within 21 days of the beginning of each semester or term, rather than within 15 days of the registration of each semester.

8. States that appropriations made for tuition and fees reimbursement are exempt from lapsing, except that all monies remaining unexpended or unencumbered 90 days after the close of that fiscal year revert to the state GF.

9. Requires the Adjutant General to prioritize funding for tuition and fees reimbursement for applicants in accordance with policies and procedures adopted to support the personnel needs of the Arizona National Guard and DEMA in the following order:

a) eligible national guard members;

b) eligible spouses and dependents of national guard members; and

c) eligible DEMA employees.

10. Requires the Adjutant General's report on tuition and fees reimbursement to include the total number of:

a) spouses and dependents of national guard members who received reimbursement payments during the preceding fiscal year; and

b) DEMA employees who received payments during the preceding fiscal year.

11. Requires national guard personnel on active duty for more than 30 consecutive days to receive the same leave entitlements prescribed for the U.S. Armed Forces.

12. Adds gifts, donations and contributions to DEMA accepted by the Adjutant General as a source of funds for the Morale, Welfare and Recreational Fund.

13. Makes technical and conforming changes.

14. Becomes effective on the general effective date.