ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature

Second Regular Session

 

HB 2289: technical correction; legal opinions; schools

S/E: active duty; state militia; governor

Sponsor: Representative Biasiucci, LD 30

Committee on Appropriations

 

Summary of the Strike-Everything to HB 2289

Overview

Allows the Governor to use the Arizona National Guard to protect the state and enforce state law.

History

The State Militia is divided into three categories: the National Guard of Arizona, the State Guard when organized and the unorganized militia (A.R.S. § 26-122). 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 (A.R.S. § 26-174).

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 perform 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 and probation surveillance officers; and 5) constables (A.R.S. § 41-1823; Attorney General Opinion No. I23-002).

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteProvisions

1.   Permits the Governor to call all or part of the Arizona National Guard into active duty to:

a)   repel invasion;

b)   suppress acts of terrorism;

c) enforce state laws;

d)   guard prisoners; and

e)   transport prisoners. (Sec. 1)

2.   Stipulates that the Arizona National Guard may only operate in this fashion within five miles of the Arizona-Mexico border. (Sec. 1)

3.   Exempts members of the Arizona National Guard, who are called by the Governor for this purpose, from needing AZPOST certification. (Sec. 1)

4.    

5.    

6.   ---------- DOCUMENT FOOTER ---------

7.                     HB 2289

8.   Initials NM          Page 0 Appropriations

9.    

10.  ---------- DOCUMENT FOOTER ---------