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       Senate Engrossed
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  State of Arizona
  Senate
  Forty-ninth
  Legislature
  First Regular Session
  2009
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       CHAPTER 20
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    SENATE BILL 1008
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AN ACT

AMENDING SECTION 26-101, ARIZONA REVISED STATUTES; RELATING TO THE ADJUTANT GENERAL.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 26-101, Arizona Revised Statutes, is amended to read:

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

A. There is established a THE department of emergency and military affairs which shall consist IS ESTABLISHED CONSISTING of a 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 shall consist 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 for a term of office of five years or to THE age sixty-four PROVIDED BY FEDERAL LAW RELATING TO STATE ADJUTANTS GENERAL, whichever occurs first. The person appointed shall be a citizen of the United States and a resident of the state of Arizona. 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 shall attain federal recognition in a grade not less than brigadier general within NOT LATER THAN one year of AFTER the appointment. The adjutant general shall have served not less than five years in the national guard of Arizona in the last ten years. Failure to meet these qualifications or to retain federal recognition shall terminate the appointment.

E. The adjutant general shall receive compensation as determined pursuant to section 38-611, and shall devote full time to the office.

F. At the time of appointment, the adjutant general shall receive the state rank of major general and shall, at that time, SHALL become the ranking officer in the department of emergency and military affairs.

APPROVED BY THE GOVERNOR JULY 9, 2009.

FILED IN THE OFFICE OF THE SECRETARY OF STATE JULY 9, 2009.