Arizona Department of Emergency and Military Affairs (DEMA)
Agency Contact Information
Department of Emergency and Military Affairs
Authority
The Arizona Constitution (Article 16) provides for a militia of able-bodied male citizens of the state, between 18 and 45 years of age. “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.” A.R.S.§ 26-101 et seq. outlines state law regarding both military affairs as well as emergency management.
Administrative rules are found at Arizona Administrative Code, Title 8, Chapters 2 through 4. Laws 1972, Chapter 192, established the current organization of the Department.
Function
The Arizona Department of Emergency and Military Affairs (DEMA) is an executive agency that has both emergency management and military responsibilities. The Department consists of the Arizona National Guard (Air, Army, Joint Task Force), the Division of Emergency Management and the Division of Administrative Services. The Governor is the commander in chief and administers and controls the National Guard. The adjutant general serves as the director of the Department and is responsible to the Governor for executing all orders relating to the militia, organization, activation, reactivation, recruiting, training, public relations and discipline. Except for 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. (A.R.S. §26-102)
In times of emergency, the Director serves as the Governor’s authorized representative and administers funds allocated from emergency declarations. The Director also serves as a non-voting member of the Military Affairs Commission (A.R.S.§ 26-261) and as a member of the State Emergency Council (A.R.S.§ 26-304).
History
The agency was originally two separate entities. Over the years the name of the Department changed to reflect its responsibilities: Disaster Preparedness, Search or Rescue; Department of Civil Defense and Emergency Planning; Department of Civil Defense; Military Affairs and Civil Defense; Military Affairs and Emergency Services; Military Affairs and Emergency Management; and Department of Emergency and Military Affairs.
Laws 1912, Chapter 85 set forth the Military Code of Arizona, which specified the divisions of the militia, the organization of the National Guard and established the Governor as the commander in chief. The Military Code was amended by Laws 1921, Chapter 144; Laws 1929, Chapter 60; and Laws 1939, Chapter 6. Laws 1952, Chapter 95 repealed and rewrote the Military Code. The Arizona Code of Military Justice is found at A.R.S. §§26-1001 through 26-1140. Members of the Arizona National Guard are subject to the Code.
Laws 1951, Chapter 100 created a Department of Civil Defense (The Civil Defense Act of 1951) to carry out emergency functions related to disasters caused by enemy attack, hostile action, fire, flood or other causes. The Director was appointed by the Governor with advice and consent of the Senate. The Governor was authorized to take operational control of all civil defense forces in a state of emergency.
Laws 1971, Chapter 51 created the Division of Emergency Services in the Office of the Governor to coordinate the efforts of all government agencies, including the federal government, the state and its political subdivisions. The director, appointed by the Governor, oversaw civil defense and emergency preparedness. All property and funds were transferred from the Department of Civil Defense to the Division of Emergency Services as of April 12, 1971.
In 1972 the Department of Emergency and Military Affairs was established, consisting of a division of emergency services and a division of military affairs. The adjutant general served as the administrative head of the Department (Laws 1972, Chapter 192).
Laws 1988, Chapter 292 established the Emergency Response Commission within DEMA to supervise, coordinate and assist local emergency planning committees and to implement the provisions of the Emergency Planning and Community Right-to-Know Act of 1986 (P.L. 99-499, Title III).
Laws 1998, Chapter 134 authorized the Director of Emergency Management to appoint a Disaster Prevention Council. The legislation also allowed previously appropriated monies to be used in subsequent years for the use originally authorized.
Laws 2003, Chapter 245 required the DEMA Director to collaborate with the State Forester to develop a presentation to the legislature regarding forest management and wildfire suppression. The presentation is due during the first regular session of each legislature. (A.R.S.§37-622, renumbered in 2016 as A.R.S. §37-1302.)
Laws 2015, Chapter 208 transferred the authority, powers, duties and responsibilities of the Arizona Emergency Response Commission from DEMA to the Arizona Department of Environmental Quality (ADEQ). The measure designated ADEQ as the lead agency with responsibility for developing a state hazardous materials emergency management program; modified the structure of the Commission, changing it to 12 members, and eliminated the advisory committee. The measure also eliminated the General Staff within DEMA, which had served as an advisory board to the Governor regarding military affairs of the state and modified administration of the National Guard Fund.
Laws 2020 Chapter 51, Section 4 and Chapter 57, Section 6 extended deadlines for DEMA to complete construction of new readiness centers. The measures extended lapsing dates for two appropriations and one authorized expenditure that were enacted in previous years, specifically referencing new readiness centers in Tucson and the West Valley.
Laws 2021, Chapter 274 authorizes DEMA to sell or dispose of real estate, property rights and related infrastructure. The measure outlines procedures and limitations related to sales, lease and conveyance of property.
A second measure enacted in 2021 establishes the Border Security Fund, administered by DEMA. The measure authorizes expenditures from the Fund for various purposes including preventing human trafficking; preventing unlawful entry into the U.S. by aliens, terrorists, and contraband; construction and maintenance of border infrastructure and a physical fence; and grants to counties for secure housing and the costs to prosecute listed crimes. (Note: In 2022, use of fund monies was expanded to include administrative expenses.) The measure also establishes the National Guard Cyber Response Revolving Fund, administered by DEMA, and authorizes expenditures to prevent and respond to cyber-attacks, and to provide support and reimbursement for costs incurred by the state and its political subdivisions. See Laws 2021, Chapter 403.
Several measures enacted in 2022 addressed DEMA authority. Laws 2022, Chapter 151 expanded the tuition and fees reimbursement program, currently in place for National Guardsmen, to include spouses and dependents of National Guardsmen as well as DEMA employees. The measure outlines eligibility requirements and the reimbursement process. A second measure enacted in 2022 authorizes DEMA to use up to $250,000 to administer the Border Security Fund and an unspecified amount for additional full-time equivalent positions. See Laws 2022, Chapter 183. A third measure established the Anti-Human Trafficking Grant Fund, administered by DEMA, to provide assistance and analytical services to law enforcement agencies and services to victims. See Laws 2022, Chapter 311.
Sources
- Arizona Constitution, Article 16
- Arizona Revised Statutes §§26-101 et seq.
- Arizona Administrative Code R8-2-101 through R8-110
- Session Laws
- Laws 1912, Chapter 85
- Laws 1921, Chapter 144
- Laws 1929, Chapter 60
- Laws 1939, Chapter 6
- Laws 1951, Chapter 100
- Laws 1952, Chapter 95
- Laws 1971, Chapter 51
- Laws 1972, Chapter 192
- Laws 1988, Chapter 292
- Laws 1998, Chapter 134
- Laws 2003, Chapter 2
- Laws 2015, Chapter 208
- Laws 2020, Chapter 51 and Chapter 57
- Laws 2021, Chapter 274 and Chapter 403
- Laws 2022, Chapter 151, Chapter 183 and Chapter 311
Arizona Department of Emergency and Military Affairs website
Arizona Department of Emergency and Military Affairs annual reports
Joint Legislative Budget Committee FY 2021 Appropriations Report
Arizona Auditor General, Special investigation, Arizona Department of Emergency and Military Affairs, theft and misuse of public monies: Report to the Arizona Legislature, February 2012
Performance Audits, Department of Emergency and Military Affairs
Related Collections at Arizona State Archives
- RG 98 – Department of Military and Emergency Affairs
