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Committee approves cleanup bill clarifying Adjutant General authority to enter intergovernmental agreements

2251788 · February 3, 2025
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Summary

Senate Bill 12‑81 clarifies that the Adjutant General may establish an educational program with governor approval and may accept funds from public or private sources and enter into contracts or agreements with political subdivisions; the committee gave the bill a unanimous do‑pass recommendation (7‑0).

The Military Affairs and Border Security Committee on Wednesday recommended Senate Bill 12‑81, a statutory cleanup bill that clarifies the Adjutant General’s permissive authority to enter into agreements and accept funds to administer education and mutual‑aid programs.

Committee staff read the bill. Sponsor testimony described the measure as ‘‘belt and suspenders’’ statutory cleanup to convert some current ‘‘shall’’ obligations into permissive ‘‘may’’ authority for the Adjutant General (DEMA) and to clarify that contractual authority extends beyond capital assets to include mutual‑aid, training access, airport usage and other agreements with local governments and special districts.

Travis Schulte, a proponent, said the 2009 defunding of Project Challenge left statutory language on the books but without appropriations; the bill would remove the obligation while preserving the ability to enter agreements when funds or needs arise. Tom Preszelski removed his opposition after conversations with DEMA, according to committee remarks.

Committee members said the change would allow continued mutual‑aid and training agreements and avoid legal uncertainty about the Adjutant General’s contracting authority. The motion to give SB 12‑81 a due‑pass recommendation passed unanimously (7‑0). The bill now moves to the Senate calendar.