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ARIZONA HOUSE OF REPRESENTATIVESFifty-sixth Legislature Second Regular Session |
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HB 2276: state militia; governor; active duty
Sponsor: Representative Biasiucci, LD 30
Committee on Military Affairs & Public Safety
Overview
Allows the Governor to use the state militia to protect the state and enforce state law.
History
The state militia includes: 1) the National Guard of Arizona; 2) the Arizona State Guard; and 3) the unorganized militia. The unorganized militia consists, with some specified exceptions, of all the able-bodied residents of Arizona who are between 18-45 years old. If the Governor proclaims an emergency, and with the advice of the adjutant general, finds that the National Guard does not have sufficient troops to meet the emergency, then the Governor may authorize the adjutant general to accept service from the unorganized militia (A.R.S. §§ 26-121; 26-122; 26-124).
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 preform 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 officers; 5) adult probation surveillance officers; and 6) constables (A.R.S. § 41-1823; Attorney General Opinion No. I23-002).
Provisions
1. Permits the Governor to call all or part of the state militia into active duty to:
a) repel invasion;
b) suppress insurrection;
c) enforce state laws;
d) guard prisoners; and
e) transport prisoners. (Sec. 1)
2. Exempts members of the state militia, who are called by the Governor for this purpose, from needing AZPOST certification. (Sec. 1)
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HB 2276
Initials NM Page 0 Military Affairs & Public Safety
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