ARIZONA HOUSE OF REPRESENTATIVES Fifty-fifth Legislature First Regular Session
	House: APPROP DPA 8-5-0-0 | 3^rd Read 31-28-1-0

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HCR2037: pandemic emergencies; special sessions

Sponsor:  Representative Kavanagh, LD 23

House Engrossed

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 a public health emergency or a statewide emergency.

a) The Legislature must present a petition that contains the signatures of a majority 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 public health emergency or a statewide emergency 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 14^th 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. Directs the Legislature, during a special session, to pay each member of the Legislature travel reimbursement and subsistence only for the days the Legislature meets and for the day before and after the meeting.

5. Authorizes the Legislature, during a special session 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 any period of time deemed necessary;

i. Except if a majority 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.

6. Prohibits the Legislature from adjourning the special session until the state of emergency due to the occurrence of a public health emergency or a statewide emergency is terminated.

7. Permits the Governor to protest any action that terminates or modifies an executive order or that issues a legislative order by notifying the house in which the action originated.

a) Specifies that if the Governor protests one of those actions, the Legislature must reconsider and approve the action by a vote of 60% of the members of each house.

8. Requires each house to prescribe rules of procedure to administer this legislation.

9. Directs the Secretary of State to submit this proposition to the voters at the next general election.

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13.                   HCR 2037

14. Initials SJ  Page 0 House Engrossed

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