Article 16: Militia
Section 1. The militia of the state of Arizona shall consist of all capable citizens of the state between the ages of eighteen and forty-five years, and of those between said ages who shall have declared their intention to become citizens of the United States, residing therein, subject to such exemptions as now exist, or as may hereafter be created, by the laws of the United States or of this state.
Section 2. The organized militia shall be designated "The National Guard of Arizona," and shall consist of such organized military bodies as now exist under the laws of the territory of Arizona or as may hereafter be authorized by law.
Be it resolved by the House of Representatives of the State of Arizona, the Senate concurring:
1. Article XVI, sections 1 and 2, Constitution of Arizona, are proposed to be amended as follows if approved by the voters and on proclamation of the Governor:
Composition of militia1.
Section 1. The militia of the state of Arizona shall consist of all capable citizens of the state between the ages of eighteen and forty‑five yearswho are at least eighteen years of age, and of those between said ages who shallresidents of the state who are at least eighteen years of age and who have declared their intention to become citizens of the United States, subject to such exemptions residing therein,as now exist, or as may hereafter be created, by the laws of the United States or of this state.
2. Composition of national guard of Arizona
Section 2. The organized militia shall be designated "The National Guard of Arizona," and shall consist of such organized military bodies as now exist under the laws of the territory of Arizona or as may hereafter may be authorized by law.
2. The Secretary of State shall submit this proposition to the voters at the next general election as provided by article XXI, Constitution of Arizona.
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 26, chapter 1, article 2, Arizona Revised Statutes, is amended by adding section 26-128, to read:
26-128. Homeland security committee; force; administration
A. The homeland security committee is established consisting of one member who is appointed by the president of the senate, one member who is appointed by the leader of the senate minority caucus, one member who is appointed by the speaker of the house of representatives, one member who is appointed by the leader of the house of representatives minority caucus and five members who are appointed by the governor. The president of the senate, the speaker of the house of representatives and the governor shall give preference to honorably discharged veterans when making appointments pursuant to this subsection.
B. The homeland security force is established in the executive branch of government. The committee shall advise the homeland security force and make recommendations on its membership and organization.
C. if the governor determines that an emergency exists or that it is necessary to protect lives, property in this state or constitutional liberties, the governor may request able-bodied citizens of this state, except peace officers, firefighters and emergency personnel, who are at least eighteen years of age to volunteer for service in the homeland security force.
D. The homeland security force:
1. Shall be funded by legislative appropriations, contributions and other available monies.
2. Shall not receive compensation, but members are eligible for reimbursement of expenses from the department of emergency and military affairs.
3. Shall have officers with prior military experience who are appointed by the governor pursuant to rules adopted by the adjutant general with advice from the homeland security committee.
4. Shall be under direct control of the governor and receive training under the direction of the adjutant general.
5. Shall attend required training on not more than one Saturday per month and be subject to the orders of appointed officers. Members of the national guard may volunteer to assist in training when not on federal active duty.
6. Is not subject to federal active duty.
7. Is exempt from the code of military justice but is subject to the laws of this state and rules adopted by the adjutant general.
E. A member of the homeland security force shall not use the member's position to advance or promote a political agenda with the media. The adjutant general shall expel a member for violation of this subsection unless the governor determines that the violation was unintentional.
Sec. 2. Appropriation; homeland security force; exemption
A. The sum of $50,000 is appropriated from the state general fund in fiscal year 2011-2012 to the department of emergency and military affairs for administration of the homeland security force, including one authorized FTE position.
B. The appropriation made in subsection A of this section is exempt from the provisions of section 35-190, Arizona Revised Statutes, relating to lapsing of appropriations.
Strike everything after the enacting clause and insert:
"Section 1. Section 26-174, Arizona Revised Statutes, is amended to read:
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 the state which shall be known as the Arizona state guard.