ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

First Regular Session

 

HCR2037: pandemic emergencies; special sessions

Sponsor:  Representative Kavanagh, LD 23

Committee on Appropriations

Overview

Adds a constitutional provision relating to special sessions of the Legislature during a state of emergency related to a pandemic.

History

A state of emergency is defined as the duly proclaimed existence of conditions of disaster or extreme peril to the safety of property or people within the state caused by an epidemic or other causes stated in statute that are or are likely to be beyond the control of the services, equipment, personnel and facilities of any single city, town or county and that require the combined efforts of the state and the political subdivision (A.R.S. § 26-301).

Current statute authorizes the Governor to proclaim a state of emergency which takes effect immediately in an area affected or likely to be affected if the Governor finds that state of emergency conditions exists.  During a state of emergency, the Governor has complete authority over all agencies of the state government and the right to exercise all police power vested in the state by the laws and constitution of Arizona.  The powers granted to the Governor during a state of emergency terminate when the state of emergency has been terminated by proclamation of the Governor or by concurrent resolution of the Legislature (A.R.S. § 26-303).

Provisions

1.   Authorizes the Legislature to call a special session to proclaim a state of emergency due to the occurrence of a pandemic disease.

a)   The Legislature must present a petition that contains the signatures of at least 60% of the members of each house and calls a special session to assemble on a specific date to the Chief Clerk of the House of Representatives (Chief Clerk) and the Secretary of the Senate (Senate Secretary).

2.   Requires the Legislature, during the special session, to proclaim a state of emergency due to the occurrence of a pandemic disease and address matters related to such by issuing legislative orders that have the same authority as executive orders or by enacting laws.

3.   Directs the Governor to call a special session of the Legislature on or before the 21st day after the Governor proclaims a state of emergency or issues an executive order, whichever is later.

a)   The special session must address matters relating to the state of emergency and the executive order that restrains the actions of any person or entity in this state.

4.   Allows the Governor to call a special session of the Legislature during a state of emergency due to the occurrence of a pandemic disease to do the following:

a)   Modify or terminate an executive order or the actions taken to do so; or

b)   Issue, modify or terminate a legislative order.

5.   Stipulates that the Legislature must vote on the matters specified by the Governor in calling the special session.

6.   Directs the Legislature, during a special session called during a state of emergency due to the occurrence of a pandemic, to pay each member of the Legislature travel reimbursement and subsistence who is physically present at the Capitol for the days the Legislature meets and for the day before and after the meeting.

7.   Authorizes the Legislature, during a special session called during a state of emergency due to the occurrence of a pandemic, to:

a)   Meet quorum requirements and vote in-person or remotely by electronic means if the remote members can hear the proceedings and communicate as applicable and if the Chief Clerk and the Senate Secretary are satisfied that the security level of the vote is adequate;

i.   If quorum requirements are met, a majority of the members participating in each house is required to issue a legislative order or pass a measure;

b)   Recess for a period of up to 60 days;

i.   Except if at least 60% of the members of each house petition the Chief Clerk and the Senate Secretary, the Legislature must resume before the end of the recess period at the date specified in the petition;

c)   Modify, terminate or continue any related executive order and if the Legislature does not act, the executive order is considered to be continued; and

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

8.   Prohibits the Legislature from adjourning the special session until the state of emergency due to the occurrence of a pandemic disease is terminated.

9.   Permits the Governor to protest any action that terminates or modifies an executive order or that issues a legislative order.

a)   Specifies that if the Governor protests one of those actions, the Legislature must reconfirm the action by a vote of 60% of the members present when the original action was taken.

10.  Allows the Governor, without issuing an executive order, to authorize quarantines as provided by law.

11.  Prohibits a city, town, county or other political subdivision from proclaiming a state of emergency due to the occurrence of a pandemic disease on its own behalf or issue any regulation, order or ordinance related to the same.

12.  Specifies that a state of emergency due to the occurrence of a pandemic disease and related regulations and orders 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.

13.  ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteDirects the Secretary of State to submit this proposition to the voters at the next general election.

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17.                    HCR 2037

18.  Initials SJ  Page 0 Appropriations

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