REFERENCE TITLE: pandemic emergencies; special sessions

State of Arizona

House of Representatives

Fifty-fifth Legislature

First Regular Session

2021

HCR 2037

Introduced by

Representative Kavanagh

A CONCURRENT RESOLUTION

proposing an amendment to the constitution of arizona; amending article XXVII, constitution of arizona, by adding section 3; relating to the regulation of health, safety and welfare.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it resolved by the House of Representatives of the State of Arizona, the Senate concurring:

1. Article XXVII, Constitution of Arizona, is proposed to be amended by adding section 3 as follows if approved by the voters and on proclamation of the Governor:

3. Pandemics; state of emergency; special sessions of the legislature; executive and legislative orders; quarantine; state preemption

Section 3. A. The legislature may call a special session of the legislature to proclaim a state of emergency due to the occurrence of a pandemic disease by presenting to the chief clerk of the house of representatives and the secretary of the senate a petition that contains the signatures of at least sixty percent of the members of each house and calls a special session to assemble on a specific date. During a special session of the legislature called pursuant to this subsection, the legislature shall proclaim a state of emergency due to the occurrence of a pandemic disease and address matters related to the state of emergency by enacting laws or issuing legislative orders that have the same authority as executive orders.

B. If the governor proclaims a state of emergency due to the occurrence of a pandemic disease and issues an executive order that restrains the actions of any person or entity in this state, the governor shall call a special session of the legislature on or before the twenty-first day after the governor proclaims the state of emergency or issues the executive order, whichever is later, to address matters relating to the state of emergency and the executive order.

C. The Governor may call a special session of the legislature during a state of emergency due to the occurrence of a pandemic disease to modify or terminate an executive order or actions taken to modify or terminate an executive order or to issue, modify or terminate a legislative order. The legislature shall vote on the matters specified by the governor in calling the special session.

D. During a special session of the legislature called pursuant to this section, the legislature:

1. Shall pay Each member of the legislature who is physically present at the capitol travel reimbursement and subsistence as provided by law only for the days the legislature meets and for the day before and after the legislature meets.

2. May:

(a) Meet quorum requirements and vote in-person or remotely by electronic means if the members appearing remotely can hear the proceedings and communicate with the chief clerk of the house of representatives or the secretary of the senate, as applicable, and the chief clerk of the house of representatives and the secretary of the senate are satisfied that the security level of the vote is adequate. If quorum requirements are met, a majority vote of the members participating in each house is required to pass a measure or issue a legislative order.

(b) Recess for a period of up to sixty days, except that if at least sixty percent of the members of each house petition the chief clerk of the house of representatives and the secretary of the senate, the legislature shall resume before the end of the recess period at the date specified in the petition.

(c) Terminate, modify or continue any executive order relating to the state of emergency due to the occurrence of a pandemic disease. If the legislature does not act on an executive order, the executive order is considered to be continued.

(d) Issue legislative orders that have the same authority as executive orders and terminate, modify or continue those legislative orders.

3. May not adjourn the special session until the state of emergency due to the occurrence of a pandemic disease that caused the special session is terminated.

E. The governor may protest any action that issues a legislative order or terminates or modifies an executive order. If the governor protests a legislative order or the termination or modification of an executive order, the legislature must reconfirm the action by a vote of sixty-percent of the members present when the original action was taken.

F. The governor may authorize quarantines as provided by law without issuing an executive order.

G. A city, town, county or other political subdivision of this state may not proclaim a state of emergency due to the occurrence of a pandemic disease on its own behalf or issue any order, ordinance or regulation that is related to a state of emergency due to the occurrence of a pandemic disease. A state of emergency due to the occurrence of a pandemic disease and related orders and regulations are a matter of statewide concern and are not subject to further regulation by a city, town, county or other political subdivision of this state.

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.