ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

First Regular Session

Senate: GOV DPA 5-3-0-0 | 3rd Read 16-14-0-0


SCR 1003: executive orders; emergencies; reauthorization; termination

Sponsor:  Senator Petersen, LD 12

Committee on Government & Elections

Overview

Outlines constitutional requirements for the termination of a state of emergency proclaimed by the Governor.

History

The Governor is authorized by statute to proclaim a state of emergency which will take effect immediately in an area affected or likely to be affected if the Governor finds that circumstances outlined in statute exist.  During a state of emergency the Governor has complete authority over all agencies of the state government and may direct all agencies of the state government to use and employ state personnel, equipment and facilities to perform any activities designed to prevent or alleviate actual and threatened damage due to the emergency.  The powers that are granted to the Governor with respect to a state of emergency are terminated when the state of emergency has been terminated by proclamation of the Governor or by concurrent resolution of the Legislature declaring it at an end (A.R.S. § 26-303).

Provisions

1.   ☐ Prop 105 (45 votes)	     ☐ Prop 108 (40 votes)      ☐ Emergency (40 votes)	☐ Fiscal NoteAllows the Governor to proclaim a state of emergency as provided by law.

2.   Stipulates that the state of emergency terminates either 30 days after the proclamation date or earlier if the state of emergency is terminated by proclamation of the Governor or by concurrent resolution of the Legislature.

3.   Directs the Governor to call a special session to assemble the Legislature within 10 days to determine whether to extend the state of emergency and the Governor's emergency powers, unless the state of emergency is terminated sooner by Governor proclamation or concurrent resolution of the Legislature.

4.   Allows the Legislature to extend the state of emergency and the Governor's emergency powers as many times as necessary, but any extension granted may not exceed more than 30 days.

5.   Specifies that if the previous proclaimed state of emergency terminated without a legislative extension, 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.

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

7.   Makes technical and conforming changes.

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11.                    SCR 1003

12.  Initials SJ/AG        Page 0 Government & Elections

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