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House Engrossed Senate Bill
executive orders; emergencies; reauthorization; termination
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State of Arizona Senate Fifty-fifth Legislature First Regular Session 2021
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SENATE CONCURRENT RESOLUTION 1003 |
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A CONCURRENT RESOLUTION
proposing an amendment to the constitution of Arizona; amending article V, section 4, constitution of arizona; relating to the powers and duties of the governor.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it resolved by the Senate of the State of Arizona, the House of Representatives concurring:
1. Article V, section 4, Constitution of Arizona, is proposed to be amended as follows if approved by the voters and on proclamation of the Governor:
4. Governor; powers and duties; special sessions of legislature; message and recommendations; proclamations of emergency
Section 4. A. The governor shall transact all executive business with the officers of the government, civil and military, and may require information in writing from the officers in the executive department upon on any subject relating to the duties of their respective offices. He The governor shall take care that the laws be are faithfully executed. He The governor may convene the legislature in extraordinary session. He the governor shall communicate, by message, to the legislature at every session the condition of the state, and recommend such matters as he shall deem the governor deems expedient.
B. The governor may proclaim a state of emergency as provided by law. Except for a state of war emergency, The state of emergency and any emergency powers granted to the governor during the state of emergency terminate by proclamation of the governor or by concurrent resolution of the legislature declaring the state of emergency to be at an end.
C. the governor shall call a special session to assemble the legislature on or before the tenth day after the date on which the state of emergency was proclaimed in order for the legislature to determine whether to terminate or modify the state of emergency and the emergency powers granted to the governor during the state of emergency and address matters related to the state of emergency by enacting laws or issuing legislative orders that have the same authority as executive orders. During a special session of the legislature called pursuant to this subsection, the legislature:
1. Shall do both of the following:
(a) 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.
(b) Prescribe rules of procedure to administer the special session of the legislature called pursuant to this subsection.
2. May do any of the following:
(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. 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 that caused the special session is terminated.
D. 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.
E. If the legislature terminates the state of emergency and the emergency powers granted to the governor during the state of emergency, the governor may not proclaim a new state of emergency arising out of the same conditions for which the terminated state of emergency was proclaimed.
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.