A.R.S. tit. 26 ch. 1 — Arizona Revised Statutes Title 26 Chapter 1 — Emergency And Military Affairs

26-101. Department of emergency and military affairs; organization; adjutant general; qualifications A. The department of emergency and military affairs is established consisting of the division of emergency management and other divisions or offices as determined by the adjutant general pursuant to section 26-102, subsection C, paragraph 8. B. The department consists of the adjutant general and such other officers, warrant officers, enlisted personnel and employees as deemed necessary. C. The department shall be administered and controlled by the governor as commander-in-chief. The adjutant general shall be the director of the department. D. The adjutant general shall be appointed by the governor pursuant to section 38-211 and shall serve at the pleasure of the governor. The person appointed must: 1. Be a citizen of the United States. 2. Be a current resident of this state or establish domicile in this state for residency purposes within ninety days following appointment. 3. Meet either of the following criteria: (a) Have served two of the five years immediately preceding appointment in the national guard in the state or territory where the person is an assigned member. (b) Be a general officer who is currently serving, or a retired general officer who has been on retired status for not more than twenty-four months, and who has a minimum of five years of service in the rank of colonel or higher in the national guard in a state where the officer was assigned. E. In appointing the adjutant general, the governor may give preference to a person who has served in the national guard of this state. At the time of the appointment, the person appointed shall have qualifications required by the United States department of defense for the adjutant general and, if the person is not already a general officer, shall attain federal recognition in a grade of at least brigadier general not later than two years after the appointment. Before appointment, any person who is currently serving and who is notified that the person is being considered by the governor for appointment shall provide evidence, by the deadline stipulated, to the agency, department or office designated by the governor that the person is in good standing with current army or air force requirements, depending on the person's branch of service, for military service. If a retired general officer is selected for appointment to serve as the adjutant general, that general officer shall provide, within six months after the date of appointment, evidence to the office of the governor of good standing with current army or air force requirements, depending on the person's branch of service, for military service. A person's failure to meet these service standards or other qualifications within the time prescribed, failure to retain federal recognition or failure to meet the age provided by federal law relating to state adjutants general terminates the appointment. F. The adjutant general shall receive compensation as determined pursuant to section 38-611 and shall devote full time to the office. G. At the time of appointment, the adjutant general shall receive the state rank of major general and, at that time, shall become the ranking officer in the department of emergency and military affairs. 26-102. Powers and duties of the adjutant general A. The adjutant general shall serve as head of the department and, subject to the orders of the commander in chief, command the national guard of this state. The governor as commander in chief shall administer and control the national guard, and the adjutant general is responsible to the governor for executing all orders relating to the militia, organizing, activating, reactivating, inactivating and allocating units, recruiting personnel, public relations and disciplining and training the national guard and those members of the militia inducted into the service of this state as provided in this chapter. The adjutant general shall act as military chief of staff to the governor and as the commanding general of all branches of the militia. The adjutant general may belong to the national association and other organizations for the betterment of the national guard, subscribe to and obtain periodicals, literature and magazines of such other organizations and pay dues and charges from monies of this state appropriated for that purpose. Except for the authority expressly reserved for the governor, the adjutant general is responsible for emergency management, and all emergency activities are subject to the approval of the adjutant general. B. The adjutant general, as the military chief of staff, shall: 1. Act as military advisor to the governor and perform, as the governor prescribes, military duties not otherwise designated by law. 2. Adopt methods of administration for the national guard that are not inconsistent with laws and regulations of the United States department of defense or any subdivision of the United States department of defense. 3. Supervise and direct the organization, regulation, instruction and other activities of the national guard. 4. Attest and record all commissions issued by the governor and maintain a register of all commissioned personnel. 5. Keep a record of all orders and regulations pertaining to the national guard and all other writings and papers relating to reports and returns of units comprising the national guard and militia. 6. Superintend the preparation of returns, plans and estimates required by this state, by the department of the army, air force or navy and by the United States secretary of defense. 7. Control the use of and care for, preserve and maintain all military property belonging to or issued to this state and pay from monies appropriated by the legislature for these purposes the necessary expenses for labor and material incurred in repairing military property. 8. Dispose of unserviceable military property belonging to this state, account for the proceeds and transmit the proceeds to the morale, welfare and recreational fund established by section 26-153. 9. Authenticate with the seal of the office of the adjutant general all orders and copies of orders issued by the adjutant general's office. An authenticated copy has the same force and effect as the original. 10. Present to the governor before each regular session of the legislature, or as otherwise required, an estimate of the financial requirements for state monies for operating the department and the national guard during the next fiscal year. C. The adjutant general, as head of the department, shall: 1. Be the administrator of the department. 2. Coordinate the functions of the divisions and offices of the department. 3. Subject to title 41, chapter 4, article 4 and, as applicable, article 5, appoint, suspend, demote, promote or dismiss employees of the department. The adjutant general may delegate this authority. 4. Appoint an auditor for the department to conduct periodic financial and compliance audits of each division and office in the department and perform other duties as prescribed by law. At least annually the auditor shall audit accounts that are open for more than twelve months. The auditor shall determine within the department compliance with purchase and bidding procedures prescribed by law. 5. Adopt, with the approval of the governor, rules necessary for operating the department and for organizing, governing, arming, equipping, instructing and compensating the national guard and authorized employees. Rules that are adopted for the national guard and authorized employees pursuant to this paragraph shall be in force and effect when approved by the governor. 6. Establish and administer accounts for federal, state or other monies made available to carry out the functions of the department. 7. As deemed necessary, appoint to peace officer status members of the Arizona national guard who have been awarded a United States army military occupational specialty as military policeman or a United States air force specialty code as security policeman or who have served as a law enforcement officer in any branch of the United States armed forces or as a special agent of a military criminal investigative organization within the United States department of defense. Before appointment as peace officers, the individuals must successfully complete a course of study prescribed by the Arizona peace officer standards and training board. Individuals appointed as peace officers pursuant to this paragraph, when performing duties at facilities or on land operated or controlled by or under the jurisdiction of the adjutant general, have all the powers, privileges and immunities of peace officers provided by law. Individuals appointed as peace officers pursuant to this paragraph are not eligible to participate in funding provided by the peace officers' training fund established by section 41-1825 or in the public safety personnel retirement system. 8. Establish, abolish or reorganize the positions or organizational structure within the department, subject to legislative appropriation, if, in the adjutant general's judgment, the modification would make the operation of the department more efficient, effective or economical. 9. Submit to the governor, the president of the senate and the speaker of the house of representatives annually by September 1 a report for the department for the preceding fiscal year that includes: (a) The strength and condition of the national guard. (b) The business transactions of the department. (c) A detailed statement of expenditures for all military and civilian purposes. (d) The disposition of all military and civilian property on hand or issued. (e) A description of the activity in the camp Navajo fund established by section 26-152. (f) A detailed statement of the national guard postsecondary education reimbursement program pursuant to section 26-181, subsection D. D. The adjutant general, with the approval of the governor, may: 1. Enter into contracts with individuals, this state, political subdivisions of this state or the federal government and its agencies to purchase, acquire, rent or lease lands, buildings or military materiel and take title in the name of this state for establishing and maintaining armories, subject to legislative appropriation for these purposes. 2. Procure and contract for procurement of equipment and its issuance to members of the militia inducted into the service of this state. 3. Enter into agreements and plans with the state universities, the community colleges or any educational institution supported by federal or state monies to promote the best interests of the national guard and military training of students of the institutions. 4. Lease property acquired under this chapter for any public purpose for a period of one year that is renewable. 5. Convey for any public purpose in the name of this state easements on real property acquired under this chapter. 6. Enter into contracts or agreements with the federal government that are deemed to be in the best interest of this state and the national guard. 7. Delegate the powers and duties prescribed in this section. 8. Adopt methods of security for the national guard reservations or facilities that are consistent with the laws, regulations or directives of the United States department of defense or any subdivision of the United States department of defense and the laws of this state. 9. Enter into a contract or agreement with an individual or political subdivision of this state to facilitate any of the following: (a) Training. (b) Emergency operations. (c) Maintenance of aircraft. (d) Safety, including emergency and medical services. (e) Movement or storage of aircraft. (f) Recruitment and retention of personnel for the national guard of Arizona. 10. Subject to legislative appropriations, establish an educational program for persons who have previously dropped out of high school and who are under twenty years of age but who are not adjudicated delinquent. The educational program shall be designated "project challenge" and shall be conducted by the national guard of Arizona in a paramilitary environment. The goal of the educational program is to provide persons who are enrolled in the program with the knowledge and skills necessary to become productive citizens and to obtain a general equivalency diploma. In addition to monies appropriated for the program, the adjutant general may accept and spend monies from any other lawful public or private source to administer, operate and support the program. 26-103. Department of emergency and military affairs employees; fingerprints; exemptions; definition A. Employees shall submit the form prescribed in subsection D of this section to the department and, except as provided in subsection C of this section, shall submit a full set of fingerprints to the department of emergency and military affairs and the department of public safety for the purpose of obtaining a state and federal criminal records check pursuant to section 41-1750 and Public Law 92-544. The department of public safety may exchange this fingerprint data with the federal bureau of investigation. B. The department of emergency and military affairs may not disclose information obtained pursuant to subsection A of this section except to members of the department's staff solely for employment purposes. C. A member of the national guard or an employee who holds a current security clearance pursuant to national guard laws and regulations is exempt from the fingerprinting requirements of subsection A of this section. D. An employee shall certify on a form that is provided by the department of emergency and military affairs and notarized that the employee is not awaiting trial on or has never been convicted of or admitted in open court or pursuant to a plea agreement committing any of the offenses listed in section 41-1758.03, subsections B and C in this state or a similar offense in another state or jurisdiction. E. The department of emergency and military affairs shall not allow a person to be employed on any national guard reservation or facility in any capacity if the person has not submitted a full set of fingerprints to the department of emergency and military affairs and the department of public safety within the first three days of employment for the purpose of obtaining a state and federal criminal records check pursuant to section 41-1750 and Public Law 92-544. F. For the purposes of this section, "employee" means any person who works for the department of emergency and military affairs or any subdivision of the department of emergency and military affairs. 26-104. Assistant adjutants general; appointment; qualifications The governor shall appoint at least two assistant adjutants general of this state, one of whose branch of service is the army and one of whose branch of service is the air force. The governor may appoint additional assistant adjutants general if authorized by the chief national guard bureau. The assistant adjutants general must meet all of the following: 1. Be assigned in the national guard of this state and be appointed as general officers in the national guard of this state. 2. Receive federal recognition of their general officer rank within twenty-four months after appointment. 3. At the time of federal recognition, be in good standing with current army or air force standards or requirements, depending on the appointee's branch of service, for military service. 26-105. Border security fund; exemption; reimbursement A. The border security fund is established and consists of legislative appropriations, gifts, grants and other donations. The department of emergency and military affairs shall administer the fund. Monies in the fund are continuously appropriated to the department of emergency and military affairs and may be used for the following purposes: 1. Preventing human trafficking. 2. Preventing entry into the United States of: (a) Aliens who are unlawfully present in the United States. (b) Terrorists and instruments of terrorism. (c) Contraband, including narcotics and other controlled substances. 3. Planning, designing, constructing and maintaining transportation, technology and commercial vehicle inspection infrastructure near this state's international border. 4. Clearing nonindigenous plants. 5. Administering and managing the construction and maintenance of a physical border fence. 6. Awarding grants to counties to provide housing in secure facilities. 7. Awarding grants to counties for prosecuting individuals who commit crimes listed in this subsection. B. In addition to the appropriations prescribed in subsection A of this section, the department of emergency and military affairs may use up to $250,000 from the border security fund each fiscal year to administer this section. Notwithstanding any other law, the department of emergency and military affairs is authorized additional full-time equivalent positions paid from the appropriation made by this subsection to administer this section. C. The department of emergency and military affairs must consult with the following entities before spending any monies from the fund for the purpose provided in: 1. Subsection A of this section, the department of public safety. 2. Subsection A, paragraph 3 of this section, the department of transportation. 3. Subsection A, paragraph 4 of this section, the Arizona department of forestry and fire management. 4. Subsection A, paragraph 5, 6 or 7 of this section, the department of administration. D. Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations. E. The governor shall request the federal government to reimburse state monies spent from the fund pursuant to this section. The reimbursements shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund. 26-107. Hazard mitigation revolving fund The hazard mitigation revolving fund is established consisting of monies appropriated by the legislature and monies received from the federal government. Monies in the fund are continuously appropriated. The department of emergency and military affairs shall administer the fund. Monies in the fund shall be used in accordance with the guidelines established pursuant to the safeguarding tomorrow through ongoing risk mitigation act (P.L. 116-284; 134 Stat. 4869). 26-121. Composition of militia; persons exempt The militia of the state of Arizona consists of all able bodied citizens of the state between the ages of eighteen and forty-five years and all residents of the state between such ages who have declared their intention to become citizens of the United States, except: 1. Persons exempted by the laws of the state or the United States. 2. Persons with a serious mental illness, totally blind persons and persons convicted of infamous crimes. 3. Judges and clerks of courts of record. 4. State and county civil officers holding office by election, and members of the legislature. 5. Members of the clergy. 26-122. Components of militia A. The militia is divided into the national guard of Arizona, the state guard when organized, and the unorganized militia. B. The national guard consists of commissioned officers, warrant officers, enlisted personnel, organizations, staffs, corps and departments of the federally recognized and regularly commissioned, warranted and enlisted militia of the state, organized and maintained pursuant to law, and all members thereof honorably retired by age or disability. C. The numerical strength, composition, distribution, organization, arms, uniforms, equipment, training and discipline of the federally recognized national guard shall be prescribed by the governor in conformity with the allocation of units to the state by the department of the army and the department of the air force of the United States. D. The inactive national guard consists of commissioned, warranted and enlisted personnel relieved from assignment to the national guard by the adjutant general, or at their own request, under regulations prescribed by the department of national defense of the United States, and not reassigned to another component of the armed forces of the United States. E. The unorganized militia consists of members of the militia not members of the national guard or state guard when organized. 26-123. Maintenance of private troops prohibited; violation; classification A. No person, partnership or corporation shall maintain troops under arms, but this section shall not be deemed to prohibit a business, plant or firm from maintaining armed guards for protection of their property from damage or loss, or formation of a state police or highway patrol, or the existence of county and municipal police forces and sheriff's posses. B. Any person violating this section is guilty of a class 5 felony. 26-124. Service by members of unorganized militia; volunteers during emergency; enrollment; selection; organizing selectees A. When the governor proclaims an emergency, and, upon advice of the adjutant general, determines that the national guard does not have sufficient troops to meet the emergency, the governor may authorize the adjutant general to accept for service from the unorganized militia a specified number of volunteers. B. If the governor deems an emergency of a nature that all or a large portion of the unorganized militia should be called into service of the state, he shall by proclamation order all members of the unorganized militia to enroll with the county recorder of the county in which they reside. The enrollment shall be in triplicate stating the full name, residence, age, occupation and previous service of each person enrolled. The rolls shall be verified by the enrolling officer who shall retain one copy and file one copy with the adjutant general and one with the clerk of the superior court of the county in which the person is enrolled. The persons called into service shall be determined by lot in accordance with a plan devised by the governor and implemented by him. The plan shall be patterned upon the latest selective service act of the United States and executive orders of the president issued to implement the law. C. Upon mobilization for state purposes members of the unorganized militia shall be organized under the command of the officer the governor designates into units comparable to units of the national guard. 26-125. Procedure to claim exemption from service; duty of county recorder; review by adjutant general A. The county recorder shall take under oath the statement of any person claiming exemption from service under the provisions of section 26-121, and shall employ means he deems necessary to establish the exemption. The recorder shall, if satisfied the person is exempt, enter his name on the rolls and opposite the name make the notation "Exempt." B. Determination of exemption by a county recorder or other enrolling officer is subject to review by the adjutant general, and his decision shall be final. 26-126. Violations; classifications A. A person who knowingly fails or refuses to give information or gives false information to the county recorder or other enrolling officer relating to a subject of inquiry under the provisions of this article is guilty of a class 2 misdemeanor. B. A county recorder or other enrolling officer who knowingly fails or refuses to perform a duty prescribed by this chapter, or who falsifies a record pertaining thereto, is guilty of a petty offense. 26-127. Discharge A member of the militia who has been called to active duty may be discharged in accordance with rules and regulations prescribed by the governor. 26-151. Acceptance of national defense act; adoption of other federal acts and regulations pertaining to national guard A. The state accepts the benefits of sections 109 and 110 of the national defense act (32 United States Code sections 109 and 110). Officers who are required to comply with the provisions of the act shall be qualified as prescribed therein and shall be subject to its provisions pertaining to appointment and retirement. B. The rules and regulations of the armed forces of the United States and the national guard, the national defense act, and other acts of Congress, including provisions relating to the establishment of financially self-supporting morale, welfare and recreational programs, as far as they apply to national guards of states, shall apply to the national guard of Arizona, as fully as if set forth and incorporated in this article. 26-152. National guard fund; camp Navajo fund A. The national guard fund is established consisting of monies appropriated to the national guard. The adjutant general shall administer the fund. On notice from the adjutant general, the state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the fund. Monies in the fund are continuously appropriated to the national guard and are exempt from the provisions of section 35-190 relating to lapsing of appropriations. B. The fund may be drawn on by the adjutant general, or the adjutant general's designee, for any purpose commensurate with the purpose and mission of the national guard. C. The amount of the national guard fund appropriated for capital outlay or improvements shall be exempt from the provisions of section 35-190 relating to lapsing appropriations. D. The adjutant general is authorized to utilize any national guard facility for commercial purposes. All proceeds from commercial activities shall be deposited, pursuant to sections 35-146 and 35-147, in a separate account in the national guard fund, and the monies are continuously appropriated to the department for the operation, maintenance, support and capital improvements of any national guard facility. Monies in the account are exempt from the provisions of section 35-190 relating to lapsing of appropriations. E. A camp Navajo fund is established for the operation, maintenance, capital improvements and personal services necessary for the national guard to operate a regional training site and storage facility at Bellemont. The fund consists of monies received from storage of commodities and services provided as approved by the adjutant general. The adjutant general shall administer the fund. On notice from the adjutant general, the state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the fund. Monies in the fund are continuously appropriated to the national guard and are exempt from the provisions of section 35-190 relating to lapsing of appropriations. F. After all budgeted operational, maintenance, support and capital improvement requirements are met at camp Navajo, the adjutant general may use the remaining monies in the camp Navajo fund to provide for the operation, maintenance, support and capital improvements of any national guard facility. For the purposes of this subsection, "facility" means all property under the control and administration of the adjutant general. 26-153. Morale, welfare and recreational fund; sources of monies; exemptions A. The morale, welfare and recreational fund is established as a state fund for morale, welfare and recreational activities and support personnel for the national guard. Support personnel are employees of the fund and not of this state. The adjutant general shall administer the fund subject to approval of the governor. Monies shall be deposited, pursuant to sections 35-146 and 35-147, in the fund from the following sources: 1. Monies transferred by the director of the department of transportation pursuant to section 28-2415. 2. Monies deposited pursuant to section 26-102, subsection B, paragraph 8 or monies generated from recycling activities consistent with federal recycling policies. 3. Gifts, donations and contributions to the department accepted by the adjutant general. 4. Any other nonappropriated monies received by the national guard from state and federal revenue producing military activities relating to morale, welfare and recreation. B. Monies in the fund are from nonappropriated sources, are not subject to legislative appropriation and are exempt from the provisions of section 35-190 relating to lapsing of appropriations. The adjutant general may establish bank accounts for monies withdrawn from the fund to administer the operations of the morale, welfare and recreational programs. C. On notice from the adjutant general, the state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the fund. D. Expenditures of monies in the fund are subject to rules adopted by the department of emergency and military affairs and are exempt from the procurement code requirements of title 41, chapter 23. 26-154. Organizational structure of national guard The organization of the national guard shall be prescribed by the United States department of defense. It shall consist of units allocated to the state and recognized by the federal government and assigned by the secretary of defense or a subdivision of the department of defense. 26-155. Enlistment; appointment of officers A. Able-bodied residents of the state meeting the requirements for enlistment prescribed by the department of defense of the United States may, upon application, be enlisted as members of the national guard. They shall be enlisted in the manner prescribed by the Congress of the United States, the president or the secretary of defense, and shall take the oath prescribed for persons enlisting in the national guard of the United States. B. Persons commissioned or warranted in the national guard shall meet the qualifications prescribed by the department of defense or any subdivision thereof, and are subject to provisions thereof relating to appointment and retirement. 26-156. Pay of personnel A. Officers and enlisted personnel of the national guard on state active duty by order of the governor or adjutant general shall receive the same pay and allowance, including longevity pay, as prescribed for respective grades in the armed forces of the United States. Personnel on state active duty for more than thirty consecutive days shall receive the same leave entitlements prescribed for the United States armed forces. B. Service for longevity pay shall include all time served in the national guard of this state and in the armed forces and national guard of the United States and the organized reserve. In addition, enlisted personnel shall receive a salary recommended by the adjutant general and approved by the governor. 26-157. Officer's uniform allowances A newly commissioned or warranted officer in the national guard shall receive an allowance of two hundred fifty dollars for uniforms and related equipment on the date that the officer receives the commission or warrant. An officer on record as of January 1 of each year shall receive an additional two hundred fifty dollars on April 1 of that year for uniforms and related equipment. 26-158. State active duty; employment benefits; travel allowances A. Officers and enlisted personnel of the Arizona national guard while on state active duty exceeding thirty consecutive days by order of the governor or adjutant general shall be considered employees of this state and, subject to appropriation, are eligible for health and accident insurance benefits, including dependents, pursuant to section 38-651. On completing state active duty orders, a member of the Arizona national guard, including dependents, may not continue to receive benefits prescribed in this section. B. Members of the national guard traveling at any time under official orders on business of the state shall be reimbursed for the cost of travel, expenses for lodging and meals as provided for state employees. The expense shall be paid from amounts appropriated for travel by the national guard. 26-159. Powers of commanding officers; defense of officer to action based on act or omission A. The commanding officer of troops under arms while in actual service may cause such troops to perform such military duties as he requires. He may place under arrest an officer or enlisted person who disobeys orders of superior officers, and any person trespassing on parade or camp grounds or interrupting or molesting the orderly discharge of duty of troops under arms. The commanding officer shall use his own discretion with respect to attacking or firing upon a mob or unlawful assembly, and his honest and reasonable judgment in the exercise of his duty shall be a complete defense, both civilly and criminally, for any act done while on such duty. B. If an officer is made a party defendant in an action arising from acts or omissions while on military duty, the plaintiff in the action shall be required, upon motion of the defendant officer, to give security for costs in the amount of three hundred dollars. C. The attorney general, upon request of the defendant officer, shall defend the action or assist in the defense thereof. 26-160. Oaths or affirmations Oaths or affirmations required in the military service shall be administered by any commissioned officer, or other officer authorized to administer oaths, and no charge shall be made therefor. 26-161. Retirement; retention of commission after withdrawal of federal recognition A. A commissioned officer, warrant officer or enlisted person who has served in the national guard for ten years may, upon application, be placed upon the retired list. Time served in the regular or volunteer armies of the United States or in the organized militia of another state shall be allowed in computing the length of service. Service in time of war shall be computed at twice the actual duration of such service. B. An officer of the national guard whose federal recognition terminates or is withdrawn because of age or physical disability shall retain his commission and rank for life. He shall be an honorary member of the staff of the adjutant general and shall serve in an advisory capacity, but shall receive no compensation for such service. 26-162. Discharge of officer; grounds and procedure A commissioned or warrant officer of the national guard may be discharged for any of the following reasons and in the manner prescribed: 1. By voluntary resignation whereby the officer submits to the adjutant general a letter of resignation setting forth his reasons for separation from the service. The resignation shall not be accepted if separation is not justified by appropriate regulations of the national guard, army or air force of the United States, or if the officer is under arrest or being investigated preparatory to preferring charges against him, or until all property and money of the state or the United States charged to him or in his possession or care has been inventoried and an accounting made therefor. 2. By findings of a court-martial called for the purpose of trying the officer for a military offense, or in time of war or emergency for an offense both civil and military. The sentence shall not be executed until approved by the governor. 3. By order of the governor upon a finding by a board of officers that the officer to be separated from the service is inefficient and incapable of discharging the duties of a national guard officer in any assignment commensurate with his rank and experience, and upon the written request of the immediate superior of the officer to be separated. The board of officers shall be appointed by the adjutant general, and shall consist of officers of equal or senior rank to the officer to be separated. 4. By absence without leave for a period of thirty days. 5. By failure to pass a final type physical examination prescribed for officers of his grade and branch. 26-163. Discharge of enlisted personnel; grounds; type of discharge A. An enlisted member of the national guard may be discharged for fraudulent enlistment, or for any reason for which a member of the national guard of the United States may be discharged. B. Upon discharge the enlisted member shall receive the type of discharge certificate to which the quality of his service entitles him under regulations of the national guard of the United States, the army of the United States or the air force. 26-165. Service medals A. An officer or enlisted person who has served as an active member of the national guard for a period of ten years shall be awarded a long service medal, and for twenty years service shall be awarded an exceptionally long service medal. At the completion of each period of three years after receiving either medal, a star shall be awarded the holder thereof. B. The medals shall be awarded at the expense of the state by the governor, upon application approved by the adjutant general and subject to such rules and regulations as the adjutant general prescribes. C. Officers and enlisted personnel of the national guard drafted into service of the United States shall be allowed credit as continuous service in the national guard for such service. 26-166. Immunity of national guard members on active duty: arrest; civil actions; exemption from jury duty A. A member of the national guard, unless charged with commission of a felony, shall not be arrested while on active duty with the national guard in camp, maneuvers or formations, or while engaged in armory drill, or while on the way to or from such duties. B. In any civil action, a member of the national guard is entitled to the same immunity protection afforded public employees and law enforcement for acts that occur within the scope of the national guard member's duties if those acts are performed as a result of a direct order from a commanding officer or are otherwise consistent with current standard operating procedures and protocols. C. A member of the national guard while on active duty shall not be liable for jury duty. 26-167. Employment discrimination against national guard members prohibited; physical or economic duress to deter enlistment prohibited; violation; classification A. A member of the national guard shall not, because of membership therein or absence from employment under competent military orders, be deprived of employment or prevented or obstructed in obtaining employment in his trade, occupation or profession, nor shall any person be dissuaded from enlisting in the military forces of the state or the United States by threat of or actual infliction of physical punishment or economic damage. B. A person violating this section is guilty of a class 2 misdemeanor. 26-168. Absence from employment for military duty; vacation and seniority rights; violation; classification; definition A. An employer may not refuse to allow members of the national guard of this state or any other state or the United States armed forces reserves to take leaves of absence from employment for the purpose of complying with competent orders of this state, the other state or the United States for active duty or training. The leaves of absence may not affect vacation rights that employees otherwise have, except that an employer need not consider the period of absence as a period of work in determining eligibility for vacation and the amount of vacation pay to which the employee is entitled. B. A member of the national guard of this state or any other state or the United States armed forces reserves may not lose seniority or precedence while absent under competent military orders. On return to employment, the employee shall be returned to the employee's previous position or to a higher position commensurate with the employee's ability and experience as seniority or precedence would ordinarily entitle the employee. C. An officer or employee of this state, or any department or political subdivision of this state, who is a member of the national guard of this state or any other state or the United States armed forces reserves is entitled to leave of absence pursuant to section 38-610 from the individual's duties without loss of time or efficiency rating on all days during which the individual is under competent military orders. For the period of the leave of absence, the individual is entitled to pay as prescribed in section 38-610, subsection C, paragraph 3. For the purposes of this subsection, an officer or employee may not be charged military leave for days on which the individual was not otherwise scheduled for work. D. When ordered to perform active duty or training by the competent orders of any state or the United States, members of the national guard or United States armed forces reserves have the protections afforded to persons under federal active duty by the soldiers and sailors civil relief act of 1940 (54 Stat. 1178; 50 United States Code app. sections 501 through 548 and 560 through 591) and by the uniformed services employment and reemployment rights act of 1994 (108 Stat. 3149; 38 United States Code sections 4301 through 4333). E. A person that violates subsection A or B of this section is guilty of a class 1 misdemeanor. The county attorney shall prosecute violations of this section in superior court. F. For the purposes of this section, "day" means a shift of work. 26-168.01. Excused military absences; higher education: definition A. A member of the national guard of this state or any other state or of the United States armed forces reserves who is a student at an institution of higher education in this state and who is ordered to either state or federal reserve component duty or a person who is the spouse of a member of the national guard of this state or any other state or the United States armed forces reserves, who is a student at an institution of higher education in this state and whose spouse is ordered to either state or federal reserve component duty, whether the member or spouse is attending class in person or online and whether the member is stationed in or outside of this state, may do any of the following: 1. Withdraw from one or more courses for which tuition and fees have been paid. The tuition and fees must be credited to the student's account at the institution. Any refunds are subject to the requirements of the state or federal financial aid programs of origin. The student may not receive credit for the courses and may not receive a failing grade, an incomplete or another negative annotation on the student's record and the student's grade point average may not be altered or affected in any manner because of the student's withdrawal under this subsection. 2. Depending on when the member is ordered to either state or federal reserve component duty and depending on the individual student's needs, receive a grade of incomplete and be allowed to complete the course if the course is being offered at the time to other students on release from reserve component duty under the institution's standard practice for completion of incompletes. 3. In accordance with any academic unit or institution of higher education requirements or in compliance with accreditation or certification standards, when applicable, continue and complete the course for full credit. Class sessions the student misses due to state or federal reserve component duty must be counted as excused absences and may not be used in any way to adversely impact the student's grade or standing in the class. Any student who selects this option is not automatically excused from completing assignments due during the period the student or student's spouse is performing state or federal reserve component duty. A letter grade or a grade of pass may be awarded only if the faculty member teaching the course determines that the student has completed a sufficient amount of work and has demonstrated sufficient progress toward meeting course requirements to justify the grade. 4. Receive a refund for any amount paid for room, board and fees attributable to the time period during which the student or student's spouse served in state or federal reserve component duty and did not use the facilities or services for which the amounts were paid. Any refund for room, board and fees is subject to the requirements of the state or federal financial aid programs of origin. 5. Withdraw and be readmitted and enrolled as a student at the institution, without penalty or redetermination of admission eligibility, within one year after the release of the student or student's spouse from state or federal reserve component duty. B. A member of the national guard of this state or any other state or of the United States armed forces reserves who is a student at an institution of higher education in this state, who is ordered to either state or federal reserve component duty and as a result of that service or follow-up medical treatment for an injury incurred during that service, misses any test, examination, laboratory, presentation or class day on which a written or oral assignment is due or other event on which a course grade or evaluation is based may make up the test, examination, laboratory, presentation, class or event without prejudice to the final course grade or evaluation. The makeup activity must be scheduled after the student's return from reserve component duty and after a reasonable amount of time for the student to prepare for the test, examination, laboratory, presentation, class or event. C. For class sessions a student described in subsection A of this section misses due to state or federal reserve component duty, the institution of higher education shall excuse the student's absences and not use these excused absences in any way to adversely impact the student's grade or standing in class. D. If the faculty member teaching the course determines that the student has completed a sufficient amount of work and has demonstrated sufficient progress toward meeting course requirements to justify the grade without making up the test, examination, laboratory, presentation, class or event, a grade may be awarded without the makeup activity and the missed test, examination, laboratory, presentation, class or event may not be used in any way to adversely impact the student's grade or standing in the class. E. The protections in this section may be invoked as follows: 1. If the state or federal reserve component duty is known in advance, the student must submit evidence documenting the state or federal reserve component duty to the faculty member teaching the course early in the semester or as soon as practicable before the missed class, assignment or examination. If the state or federal reserve component duty is not known in advance, the student is responsible for providing evidence of the state or federal reserve component duty to the faculty member teaching the course as soon as practicable after the missed class, assignment or examination. 2. The student or an appropriate officer from the military organization in which the student or student's spouse will be serving must give written notice that the student or student's spouse is being or has been ordered to reserve component duty as prescribed in this section. 3. On written request from the institution of higher education, the student shall provide written verification of service. F. This section does not prevent institutions of higher education from providing additional options or protections to students described in subsection A of this section who are ordered to state or federal reserve component duty. G. For the purposes of this section, "institution of higher education" means: 1. A university under the jurisdiction of the Arizona board of regents. 2. A community college as defined in section 15-1401. 3. A private university. 26-169. Discrimination against uniformed national guard members by public businesses prohibited; violation; classification A. An owner, manager or employee of a hotel, restaurant, place of amusement or other establishment or place of business open to the public shall not knowingly fail or refuse to admit or serve in the same manner and to the same extent as members of the general public are admitted and served a member of the national guard wearing the prescribed uniform. B. A person violating this section is guilty of a class 2 misdemeanor. 26-170. Unauthorized wearing of uniform; rank insignia; violation; classification A. No person shall wear any part of the uniform of the national guard or the army, navy or air force of the United States, or a uniform so similar as to be easily mistaken therefor, unless the person is a member of the service whose uniform he wears, an inmate of a veterans' or soldiers' home, or a member of an organization of the United States veterans. B. A person in the theatrical profession may wear the uniform in a playhouse or theatre while actually engaged in acting the part of a member thereof. C. A civic organization may parade or travel in a body or assemble in a lodge room, but when the active militia or any part thereof is in active service, or is called into active service, such civic organization or member thereof shall not parade or appear in uniform in the same locality where the active militia is in service. D. Persons authorized to wear the military uniform of the United States may only display the rank insignia of the highest rank in which they have received federal recognition except the adjutant general who may display the rank insignia of his state appointed grade after written consent of his service branch. E. A person violating this section is guilty of a class 2 misdemeanor. 26-171. National guard training; inspection by department of defense; camp or field duty ordered by governor A. Each unit of the national guard shall conduct training in accordance with instructions of the adjutant general and shall comply with the approved training schedules and programs prepared by the department of defense of the United States. Each unit or detachment shall assemble for drill and instruction, and shall participate in encampments, maneuvers or other exercises at times and places and under rules and regulations prescribed therefor. In addition thereto the commanding officer of any organization may require the officers and enlisted personnel of his command to meet for ceremonies, parade, drill or instruction at times and places he designates. B. Each unit of the national guard shall, not less than once each year, muster for inspection by an officer designated for that purpose by the secretary of defense or the secretary of any subdivision thereof. C. The governor may order the national guard or any part thereof to perform camp or field duty for periods of time he deems advisable. 26-172. Emergency mobilization; requests by municipalities for aid of national guard; mobilization into United States service A. When the governor proclaims an emergency, or deems it necessary to protect lives or property, the governor may mobilize all or any part of the national guard or the unorganized militia into service of the state. The order directing the national guard or the unorganized militia, or any part thereof, to report for active duty shall state the purpose for which it is mobilized and the objectives to be accomplished. B. The adjutant general shall issue orders for mobilization, appoint troop commanders and act as chief of staff to the governor. The adjutant general shall, with consent of the governor and in the name of the adjutant general, issue orders designating local commanders, giving tactical and administrative instructions, and defining the objectives of each mobilized unit. C. The civil authorities of a county or municipality requiring aid of the national guard to quell any riot, insurrection or other civil disturbance shall submit to the governor a written request for aid, setting forth the particular object to be accomplished and the area affected. Upon receipt of the request the governor may by proclamation mobilize all or any part of the national guard or the unorganized militia, and the governor shall designate the adjutant general or an officer of the national guard to take command of the troops mobilized and to designate the troops to be used. D. To request assistance of the national guard, or the unorganized militia, or any part thereof in a search or rescue operation involving the life or health of any person, the sheriff or other officer of a political subdivision who is conducting the search or rescue operation shall by the most rapid and suitable means of communication available convey the need to the state director of emergency management for transmittal to the governor. If the governor grants the request the sheriff or other officer shall, within two days, transmit a written confirmation of the request to the governor. E. If the president of the United States directs mobilization of the national guard into the armed forces of the United States, the adjutant general shall effect the mobilization speedily and in the manner prescribed. Upon mobilization into the armed forces of the United States, the national guard shall pass to federal control and shall not be subject to military laws of the state until the time it reverts to control of the state. 26-173. Payment of mobilization expenses The department of administration shall provide for payment of expenses incurred by the national guard, state guard and unorganized militia in the event of emergency mobilization. Payment of expenses shall be made from funds appropriated for that purpose. The certificate of the adjutant general that the expenses are necessary and were actually made in an emergency is conclusive proof of the validity of the claim. 26-174. Arizona state guard; establishment; purpose; appropriations A. If the national guard of Arizona or a major portion thereof is called into active federal service, or if the national guard or a major portion thereof is alerted for federal service or for any other reason the governor considers to be necessary, the governor may establish an armed force for the safety and protection of the lives and property of the citizens of this state, which shall be known as the Arizona state guard. B. The Arizona state guard, insofar as practicable, shall be governed by and subject to the laws of this state pertaining to the national guard. The governor shall issue or cause to be issued rules to govern the administration and organization of the Arizona state guard, including establishing a chain of command and a process by which individuals may volunteer and report for duty. C. Appropriations made to the national guard are deemed appropriated to both the national guard and the Arizona state guard, if the Arizona state guard is established, and any monies that are unexpended from appropriations to the national guard may be used for establishing and maintaining the Arizona state guard. 26-175. Active duty tours for volunteers during peace time A. The adjutant general, if deemed necessary to the accomplishment of a mission of the national guard, may call to active duty in peace time to perform special and designated services any officer or enlisted personnel of the national guard who volunteers for such service. B. The officer or enlisted personnel shall receive full pay and allowances, including longevity pay, prescribed for an officer or enlisted personnel of the regular services of the same grade or rank. Personnel on state active duty for more than thirty consecutive days shall receive the same leave entitlements prescribed for the United States armed forces. Such personnel shall be paid from monies of the state appropriated for such purposes. 26-176. Premiums on bonds of national guard officers The cost of bonds required to be furnished by the adjutant general or an officer of the national guard for faithful performance of national guard duties shall, if not paid by the United States, be a state charge upon and paid from the appropriation to the national guard. 26-177. Opinions of attorney general The attorney general shall, upon request of the adjutant general or the state judge advocate of the national guard, give opinions upon legal questions pertaining to military affairs of the state. 26-178. Illegal possession of equipment; classification A. A person having in his possession a uniform, arms, equipment, supplies or other military property of the state or United States, who secretes, disposes of, offers for sale or in any manner pledges, retains or refuses to deliver to an officer entitled to demand possession of the property, or who, being a member of the national guard, wears, when not on duty, such uniform or equipment without permission of his commanding officer, is, if the property is of a value more than fifty dollars, guilty of a class 5 felony, and if the value is less than fifty dollars, guilty of a class 2 misdemeanor. B. Possession of such military equipment or accoutrements of the state, or the United States, by any person not a member of the military forces of the state or the United States, shall be presumptive evidence of unlawful barter, exchange, pledge, loan or gift thereof. A person not a member of the military forces of the United States, or a duly authorized officer or agent thereof, having possession of such articles which have been subjects of unlawful disposition, shall have no right, title or interest therein, and the property may be seized and taken wherever found by an officer of the state, civil or military, and shall thereupon be delivered to any commanding officer or other officer authorized to receive the property who shall make an immediate report thereof to the adjutant general. 26-179. Tuition and fees reimbursement; eligibility; exemption A. Any qualified national guardsman, spouse of a national guardsman, legal dependent of a national guardsman or employee of the department of emergency and military affairs who has completed a semester as a full-time or part-time graduate or undergraduate student at a public or private postsecondary educational institution for which credit toward a degree or diploma is granted or a certificated vocational technical school in this state may apply for a tuition and fees reimbursement. The adjutant general shall annually adopt policies and procedures to allocate the appropriated monies in a manner consistent with the personnel needs of the Arizona national guard and the department, except that no right to reimbursement exists beyond the amounts appropriated by the legislature. The appropriations made in this section are exempt from the provisions of section 35-190 relating to lapsing of appropriations, except that all monies remaining unexpended or unencumbered ninety days after the close of that fiscal year revert to the state general fund. B. To be eligible for tuition and fees reimbursement, a national guardsman shall meet all of the following: 1. Be a bona fide member of an Arizona army national guard unit or Arizona air national guard unit throughout each semester for which the member applies for such reimbursement. 2. Have satisfactorily completed initial active duty service. 3. Have satisfactorily performed duty on return from initial active duty training, including a minimum ninety percent attendance on scheduled drill dates and at annual training with the member's parent unit. 4. Maintain an average academic grade of "C" or better for each semester. 5. Not be eligible for a certificate of eligibility and benefits under the veterans' readjustment benefits act of 1966 for the same period. C. To be eligi