ARIZONA HOUSE OF REPRESENTATIVES

Fifty-seventh Legislature

First Regular Session

Senate: MABS DP 4-3-0-0 | 3rd Read: 16-13-1-0

House: FMAE DP 4-2-0-1

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

SB 1495: national guard; active duty; requirements

Sponsor: Senator Rogers, LD 7

Caucus & COW

Overview

States the Arizona National Guard cannot be released from the state into active duty combat, a defined term, unless the United States Congress takes specified official actions.

History

Arizona National Guard

The Arizona National Guard consists of the Arizona Army National Guard and the Arizona Air National Guard.  Both components are under the Arizona Department of Emergency and Military Affairs (DEMA). The Governor is statutorily responsible for the administration and control of DEMA as the commander in chief, but the Adjutant General serves as the director of the department. The United States Constitution specifically charges the National Guard of the several states with dual federal and state responsibilities (Art. II § 2, United States Constitution, A.R.S. §§ 26-101, 38-211).

The Adjutant General serves as the military chief of staff for the State of Arizona and the ranking officer in DEMA with the state rank of Major General. The Governor serves as the Commander in Chief of the Arizona National Guard and reserves certain powers relating to its operation. The Governor can, subject to Legislative oversight, declare a state of emergency or a state of war emergency and authorize the Adjutant General to mobilize the Arizona National Guard to an area affected or likely to be affected by a state of emergency.

Congressional Declarations of War and Power to Call Militias

The United States Constitution vests the authority to declare war with the United States Congress. Congress is also empowered to call forth the militias of the several states to execute the laws of the Union, suppress insurrections and repel invasions (Art. I § 8, Clauses 11 and 15, United States Constitution).

Provisions

1.   Prohibits the Arizona National Guard from being released from Arizona into active duty combat unless the United States Congress has passed an official declaration of war or has taken other specified official action to explicitly call forth the Arizona National Guard for enumerated purposes. (Sec. 1)

2.   Directs the Governor to take all actions necessary to comply with this act. (Sec. 1)

3.   Defines active duty combat and official declaration of war. (Sec. 1)

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7.                     SB 1495

8.   Initials JH           Page 0 Caucus & COW

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