Arizona Revised Statutes
Title 26 - Military Affairs and Emergency Management
§ 26-301 - Definitions

26-301. Definitions
In this chapter, unless the context otherwise requires:
1. " Commercial nuclear generating station" means an electric power generating facility which is owned by a public service corporation, a municipal corporation or a consortium of public service corporations or municipal corporations and which produces electricity by means of a nuclear reactor.
2. " Council" means the state emergency council.
3. " Director" means the director of the division.
4. " Division" means the division of emergency management within the department of emergency and military affairs.
5. " Emergency functions" includes warning and communications services, relocation of persons from stricken areas, radiological defense, temporary restoration of utilities, plant protection, transportation, welfare, public works and engineering, search or rescue, health and medical services, law enforcement, fire fighting, mass care, resource support, urban search or rescue, hazardous materials, food and energy information and planning and other activities necessary or incidental thereto.
6. " Emergency management" means the preparedness, response, recovery and mitigation activities necessary to respond to and recover from disasters, emergencies or contingencies.
7. " Emergency worker" means any person who is registered, whether temporary or permanent, paid or volunteer, with a local or state emergency management organization and certified by the local or state emergency management organization for the purpose of engaging in authorized emergency management activities or performing emergency functions, or who is an officer, agent or employee of this state or a political subdivision of this state and who is called on to perform or support emergency management activities or perform emergency functions.
8. " Hazardous materials" means:
(a) Any hazardous material designated pursuant to the hazardous materials transportation act of 1974 (P.L. 93-633; 88 Stat. 2156; 49 United States Code section 1801).
(b) Any element, compound, mixture, solution or substance designated pursuant to the comprehensive environmental response, compensation, and liability act of 1980 (P.L. 96-510; 94 Stat. 2767; 42 United States Code section 9602).
(c) Any substance designated in the emergency planning and community right-to-know act of 1986 (P.L. 99-499; 100 Stat. 1613; 42 United States Code section 11002).
(d) Any substance designated in the water pollution control act (P.L. 92-500; 86 Stat. 816; 33 United States Code sections 1317(a) and 1321(b)(2)(A)).
(e) Any hazardous waste having the characteristics identified under or listed pursuant to section 49-922.
(f) Any imminently hazardous chemical substance or mixture with respect to which action has been taken pursuant to the toxic substances control act (P.L. 94-469; 90 Stat. 2003; 15 United States Code section 2606).
(g) Any material or substance determined to be radioactive pursuant to the atomic energy act of 1954 (68 Stat. 919; 42 United States Code section 2011).
(h) Any substance designated as a hazardous substance pursuant to section 49-201.
(i) Any highly hazardous chemical or regulated substance as listed in the clean air act of 1963 (P.L. 88-206; 42 United States Code sections 7401 through 7671).
9. " Hazardous materials incident" means the uncontrolled, unpermitted release or potential release of hazardous materials that may present an imminent and substantial danger to the public health or welfare or to the environment.
10. " Local emergency" means the existence of conditions of disaster or of extreme peril to the safety of persons or property within the territorial limits of a county, city or town, which conditions are or are likely to be beyond the control of the services, personnel, equipment and facilities of such political subdivision as determined by its governing body and which require the combined efforts of other political subdivisions.
11. " Mitigation" means measures taken to reduce the need to respond to a disaster and to reduce the cost of disaster response and recovery.
12. " Preparedness" means actions taken to develop the response capabilities needed for an emergency.
13. " Recovery" means short-term activities necessary to return vital systems and facilities to minimum operating standards and long-term activities required to return life to normal or improved levels.
14. " Response" means activities that are designed to provide emergency assistance, limit the primary effects, reduce the probability of secondary damage and speed recovery operations.
15. " State of emergency" means the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons or property within the state caused by air pollution, fire, flood or floodwater, storm, epidemic, riot, earthquake or other causes, except those resulting in a state of war emergency, which are or are likely to be beyond the control of the services, personnel, equipment and facilities of any single county, city or town, and which require the combined efforts of the state and the political subdivision.
16. " State of war emergency" means the condition which exists immediately whenever this nation is attacked or upon receipt by this state of a warning from the federal government indicating that such an attack is imminent.

Structure Arizona Revised Statutes

Arizona Revised Statutes

Title 26 - Military Affairs and Emergency Management

§ 26-101 - Department of emergency and military affairs; organization; adjutant general; qualifications

§ 26-102 - Powers and duties of the adjutant general

§ 26-103 - Department of emergency and military affairs  employees; fingerprints; exemptions; definition

§ 26-104 - Assistant adjutants general; appointment; qualifications

§ 26-105 - Border security fund; exemption; reimbursement

§ 26-106 - Anti-human trafficking grant fund

§ 26-121 - Composition of militia; persons exempt

§ 26-122 - Components of militia

§ 26-123 - Maintenance of private troops prohibited; violation; classification

§ 26-124 - Service by members of unorganized militia; volunteers during emergency; enrollment; selection; organizing selectees

§ 26-125 - Procedure to claim exemption from service; duty of county recorder; review by adjutant general

§ 26-126 - Violations; classifications

§ 26-127 - Discharge

§ 26-151 - Acceptance of national defense act; adoption of other federal acts and regulations pertaining to national guard

§ 26-152 - National guard fund; camp Navajo fund

§ 26-153 - Morale, welfare and recreational fund; sources of monies; exemptions

§ 26-154 - Organizational structure of national guard

§ 26-155 - Enlistment; appointment of officers

§ 26-156 - Pay of personnel

§ 26-157 - Officer's uniform allowances

§ 26-158 - State active duty; employment benefits; travel allowances

§ 26-159 - Powers of commanding officers; defense of officer to action based on act or omission

§ 26-160 - Oaths or affirmations

§ 26-161 - Retirement; retention of commission after withdrawal of federal recognition

§ 26-162 - Discharge of officer; grounds and procedure

§ 26-163 - Discharge of enlisted personnel; grounds; type of discharge

§ 26-165 - Service medals

§ 26-166 - Immunity of national guard members on active duty: arrest; civil actions; exemption from jury duty

§ 26-167 - Employment discrimination against national guard members prohibited; physical or economic duress to deter enlistment prohibited; violation; classification

§ 26-168 - Absence from employment for military duty; vacation and seniority rights; violation; classification; definition

§ 26-168.01 - Excused military absences; higher education: definition

§ 26-169 - Discrimination against uniformed national guard members by public businesses prohibited; violation; classification

§ 26-170 - Unauthorized wearing of uniform; rank insignia; violation; classification

§ 26-171 - National guard training; inspection by department of defense; camp or field duty ordered by governor

§ 26-172 - Emergency mobilization; requests by municipalities for aid of national guard; mobilization into United States service

§ 26-173 - Payment of mobilization expenses

§ 26-174 - Arizona state guard; establishment; purpose; appropriations

§ 26-175 - Active duty tours for volunteers during peace time

§ 26-176 - Premiums on bonds of national guard officers

§ 26-177 - Opinions of attorney general

§ 26-178 - Illegal possession of equipment; classification

§ 26-179 - Tuition and fees reimbursement; eligibility; exemption

§ 26-180 - Application for tuition and fees reimbursement; times

§ 26-181 - Evaluation of applications; payment of tuition and fees reimbursement; report

§ 26-182 - National guard counterdrug and demand reduction activities; volunteers; drug enforcement support; assistance agreements

§ 26-183 - National guard cyber-attack prevention, response and support activities; cyber response revolving fund; purpose; exemption

§ 26-203 - Actions or proceedings against members of military courts prohibited

§ 26-204 - Powers of military court; attendance of witnesses and production of documents; process to law enforcement officers; presumption of jurisdiction

§ 26-205 - Duty of civil officers to execute process of military court

§ 26-206 - Charges against members of militia; service of charges and specifications; abatement of action

§ 26-207 - Attendance of accused at trial; order to compel attendance; service; trial in absence of accused; apprehension and imprisonment of accused; limitation

§ 26-208 - Time and place of confinement; payment of fine and disposition

§ 26-209 - Commitment of accused for failure to pay fine; warrant; length of confinement; judgment by justice of the peace based on findings of court-martial; execution; classification

§ 26-231 - Acquisition of property by national guard; surplus property of municipalities; acquisition by eminent domain; purchase; rent or lease; armory property fund

§ 26-232 - Protection of property

§ 26-233 - Loss or destruction of property by national guard member; determination of responsibility; payment of federal claims or for replacement property

§ 26-234 - Property and disbursing officer; appointment; duties

§ 26-251 - Acquisition of lands by United States for military purposes

§ 26-252 - Exclusive jurisdiction of United States over lands acquired for military purposes; termination of jurisdiction

§ 26-253 - Power of state to serve process upon land ceded United States for military purposes

§ 26-261 - Military affairs commission; confidential discussions and information; definition

§ 26-262 - Military installation fund; rules; application review; award and use of monies; reporting requirements; definitions

§ 26-263 - Appropriations; purposes; exemption

§ 26-301 - Definitions

§ 26-302 - General powers of governor

§ 26-303 - Emergency powers of governor; termination; authorization for adjutant general; limitation; extension; report; notices; appeals

§ 26-304 - State emergency council; membership; powers and duties; definition

§ 26-305 - Division of emergency management; duties; director; term; qualifications; compensation; emergency management training fund

§ 26-305.01 - Nuclear emergency plan; duties of division and director

§ 26-305.03 - Electromagnetic pulse preparedness recommendations; posting; definition

§ 26-306 - Powers and duties of the director of emergency management

§ 26-306.01 - Assessment on commercial nuclear generating stations

§ 26-306.02 - Nuclear emergency management fund; exemption; appropriation reduction

§ 26-307 - Power of counties, cities, towns and state agencies designated by the governor to make orders, rules and regulations; procedure

§ 26-308 - Powers of local government; local emergency management establishment; organization

§ 26-309 - Mutual aid; responsibilities of agencies and officials; agreements; definition

§ 26-310 - Use of professional skills

§ 26-311 - Local emergencies; declaration by mayor or chairman of the board; power of political subdivisions; state agency assistance

§ 26-312 - Authority of executive officers and governing bodies to accept materials or funds

§ 26-313 - Reimbursement to state agencies; use of state agency resources

§ 26-314 - Immunity of state, political subdivisions and officers, agents, employees and emergency workers; limitation; rules; definitions

§ 26-315 - Political activities prohibited

§ 26-316 - Enforcement of orders, rules and regulations

§ 26-317 - Violation; classification

§ 26-318 - Exemption from payment of registration and weight fees for vehicles owned by a disaster assistance organization; procedure; form

§ 26-319 - Commercial nuclear generating station; emergency planning zone; recording

§ 26-320 - First informer broadcasters; training and certification; access; definitions

§ 26-321 - State of emergency; tolling; permit, license, approval or other authorization; extension; requirements; exceptions; definitions

§ 26-401 - Title

§ 26-402 - Compact

§ 26-403 - Emergency management assistance compact revolving fund; purpose; exemption

§ 26-404 - Deployment of private sector workers to affected states; liability protection; definition

§ 26-1001 - Definitions

§ 26-1002 - Persons subject to the code

§ 26-1003 - Jurisdiction to try personnel

§ 26-1004 - Dismissed officer's right to trial by court-martial

§ 26-1005 - Territorial applicability

§ 26-1006 - State judge advocate; staff judge advocates

§ 26-1007 - Apprehension

§ 26-1008 - Apprehension of deserters

§ 26-1009 - Authority to order arrest

§ 26-1010 - Restraint of persons charged with offenses

§ 26-1011 - Receiving of prisoners at civilian correction facility; statement

§ 26-1013 - Punishment before trial; prohibition

§ 26-1014 - Delivery of offenders to civil authorities

§ 26-1015 - Commanding officer; nonjudicial punishments; appeal

§ 26-1016 - Courts-martial; classifications

§ 26-1017 - Jurisdiction of courts-martial; in general

§ 26-1018 - Jurisdiction of general courts-martial

§ 26-1019 - Jurisdiction of special courts-martial

§ 26-1020 - Jurisdiction of summary courts-martial

§ 26-1021 - Jurisdiction of courts-martial not exclusive

§ 26-1022 - Convening of general courts-martial

§ 26-1023 - Convening of special courts-martial

§ 26-1024 - Convening of summary courts-martial

§ 26-1025 - Service on courts-martial

§ 26-1026 - Military judge of a general or special court-martial

§ 26-1027 - Detail of trial counsel and defense counsel

§ 26-1028 - Detail or employment of reporters and interpreters

§ 26-1029 - Absent and additional members

§ 26-1030 - Charges and specifications

§ 26-1031 - Compulsory self-incrimination; prohibition

§ 26-1033 - Forwarding of charges

§ 26-1034 - Advice of staff judge advocate; reference for trial

§ 26-1035 - Service of charges

§ 26-1036 - Governor's rule making authority

§ 26-1037 - Unlawfully influencing action of court

§ 26-1038 - Duties of trial counsel and defense counsel

§ 26-1039 - Sessions

§ 26-1040 - Continuances

§ 26-1041 - Challenges

§ 26-1042 - Oaths

§ 26-1043 - Statute of limitations

§ 26-1044 - Former jeopardy

§ 26-1045 - Pleas of the accused

§ 26-1046 - Opportunity to obtain witnesses and other evidence

§ 26-1047 - Refusal to appear or testify

§ 26-1048 - Contempt

§ 26-1049 - Depositions

§ 26-1050 - Admissibility of records of courts of inquiry

§ 26-1051 - Voting and rulings

§ 26-1052 - Number of votes required

§ 26-1053 - Announcement of action

§ 26-1054 - Record of trial

§ 26-1055 - Sentences; reduction in enlisted grade on approval

§ 26-1056 - Maximum limits

§ 26-1057 - Effective date of sentences

§ 26-1058 - Execution of confinement

§ 26-1059 - Error of law; lesser included offense

§ 26-1060 - Action by the convening authority

§ 26-1061 - Withdrawal of appeal

§ 26-1062 - Appeal by the state

§ 26-1063 - Rehearings

§ 26-1064 - Review by judge advocate

§ 26-1065 - Disposition of records

§ 26-1067 - Court of military appeals; members; terms; compensation; duties; review; procedures

§ 26-1070 - Appellate counsel; civilian counsel

§ 26-1071 - Suspension of sentence

§ 26-1072 - Vacation of suspension

§ 26-1073 - Petition for a new trial

§ 26-1074 - Remission and suspension

§ 26-1075 - Restoration

§ 26-1076 - Finality of proceedings, findings and sentences

§ 26-1077 - Principals

§ 26-1078 - Accessory after the fact

§ 26-1079 - Conviction of lesser included offense

§ 26-1080 - Attempts

§ 26-1081 - Conspiracy

§ 26-1082 - Solicitation

§ 26-1083 - Fraudulent enlistment, appointment or separation

§ 26-1084 - Unlawful enlistment, appointment or separation

§ 26-1085 - Desertion

§ 26-1086 - Absence without leave

§ 26-1087 - Missing movement

§ 26-1088 - Contempt toward officials

§ 26-1089 - Disrespect toward superior commissioned officer

§ 26-1090 - Assaulting or willfully disobeying superior commissioned officer

§ 26-1091 - Insubordinate conduct toward warrant officer or noncommissioned officer

§ 26-1092 - Failure to obey order or rule

§ 26-1093 - Cruelty and maltreatment

§ 26-1094 - Mutiny or sedition

§ 26-1095 - Resistance, breach of arrest and escape

§ 26-1096 - Releasing prisoner without proper authority

§ 26-1097 - Unlawful detention

§ 26-1098 - Noncompliance with procedural rules

§ 26-1099 - Misbehavior in time of public danger; definition

§ 26-1103 - Captured or abandoned property

§ 26-1107 - False official statements

§ 26-1108 - Military property; loss, damage, destruction or wrongful disposition

§ 26-1109 - Property other than military property; waste, spoilage or destruction

§ 26-1110 - Improper hazarding of vessel or aircraft

§ 26-1111 - Drunken or reckless driving

§ 26-1112 - Drunk on duty

§ 26-1113 - Misbehavior of sentinel or lookout

§ 26-1114 - Dueling

§ 26-1115 - Malingering

§ 26-1116 - Riot or breach of peace

§ 26-1117 - Provoking speeches or gestures

§ 26-1118 - Wrongful use and possession of controlled substances

§ 26-1121 - Larceny and wrongful appropriation

§ 26-1123 - Forgery

§ 26-1124 - Making, drawing or uttering check, draft or order without sufficient monies; definition

§ 26-1127 - Extortion

§ 26-1128 - Assault

§ 26-1131 - Perjury

§ 26-1132 - Frauds against the United States

§ 26-1133 - Conduct unbecoming an officer and a gentleman

§ 26-1134 - General misconduct

§ 26-1135 - Courts of inquiry

§ 26-1137 - Articles; explanation

§ 26-1138 - Complaints of wrongs

§ 26-1139 - Redress of injuries to property

§ 26-1140 - Delegation by the governor