ARIZONA HOUSE OF REPRESENTATIVES

Fifty-seventh Legislature

First Regular Session

Senate: MABS DP 7-0-0-0 |3rd Read 25-4-1-0

House: FMAE DP 7-0-0-0

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


SB 1281: adjutant general; duties

Sponsor: Senator Gowan, LD 19

House Engrossed

Overview

Alters requirements to be Adjutant General or Assistant Adjutants General and authorizes the Adjutant General to establish Project Challenge, subject to legislative appropriation and approval of the Governor.

History

The Adjutant General serves as the head of the Department of Emergency and Military Affairs (DEMA) and acts as the Governor's military chief of staff. The National Guard of Arizona is administered and controlled by the Adjutant General, subject to the orders of the Governor who serves as commander in chief. Statute dictates certain additional duties the Adjutant General may perform with the approval of the Governor (A.R.S. §§ 26-101, 26-102).

Provisions

1.   Requires the Adjutant General be a resident of the state or establish a domicile in the state for residency purposes within 90 days following their appointment. (Sec. 1)

2.   Adds that the Adjutant General must meet any of the following criteria:

a)   Have served two of the five years immediately preceding their appointment in the National Guard in the state or territory where the person is an assigned member;

b)   Have served at least two of the seven years immediately preceding their appointment in the National Guard in the state or territory where the person is a member and currently serving as a full-time or part-time general officer in the National Guard; or

c) Be a retired general officer who has been on military retired status for no more than 24 months before the projected appointment date and have served five years immediately preceding the general officer's retirement. (Sec. 1)

3.   Requires that when the Adjutant General is appointed, if they are not already a general officer, they must attain federal recognition in a grade of at least brigadier general no later than two years after their appointment. (Sec. 1)

4.   States any person who is notified they are being considered for appointment must provide evidence of compliance with current Army or Air Force standards or requirements pertaining to medical eligibility and physical fitness. (Sec. 1)

5.   Specifies the person must be in compliance at least 12 months before the date of appointment. (Sec. 1)

6.   Requires a retired officer or officer not assigned or serving in the state who needs testing, examination or documentation to the meet the appointment standards to obtain them at no cost or liability to the Department or the State. (Sec. 1)

7.   Directs records submitted to the State containing medical information must be handled, distributed and retained in accordance with state and federal law. (Sec. 1)

8.   Specifies only qualified military medical personnel can examine medical records to determine if the person meets the necessary medical standards and cannot disclose details of the person's health when attesting to if the person meets current medical standards for military service. (Sec. 1)

9.   Allows the Adjutant General to enter into a contract or agreement with an individual or political subdivision of the state to facilitate the following:

a)   training;

b)   emergency operations;

c) maintenance of aircraft;

d)   safety, including emergency medical services;

e)   movement or storage of aircraft;

f) recruitment and retention of personnel for the National Guard of Arizona. (Sec. 2)

10.  Removes the requirement for the Adjutant General to establish an educational program designated Project Challenge. (Sec. 2)

11.  Allows the Adjutant General to establish an educational program designated as Project Challenge subject to the Governor's approval and legislative appropriations. (Sec. 2)

12.  Designates the program for individuals who have dropped out of high school, are under 20 years old and not adjudicated delinquent. (Sec. 2)

13.  Requires the program to be conducted by the National Guard of Arizona in a paramilitary environment. (Sec. 2)

14.  States the goal of the program is to provide knowledge and skills necessary for those enrolled to become productive citizens and obtain general equivalency diplomas. (Sec. 2)

15.  Allows the Adjutant General to accept and spend money from lawful public and private sources to administer, operate and support the program. (Sec. 2)

16.  Adds that the Assistant Adjutants General must meet all of the following:

a)   Be appointed as general officers and possess the same legal qualifications as the Adjutant General;

b)   Receive federal recognition of their general officer rank within 24 months after appointment; and

c) Receive federal recognition and be in compliance with current Army or Air Force standards or requirements pertaining to medical eligibility and physical fitness. (Sec. 3)

17.  Contains an emergency clause. (Sec. 5)

18.  Contains technical and conforming changes. (Sec. 1, 2, 3, 4)

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22.                    SB 1281

23.  Initials JH/MB    Page 0 House Engrossed

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