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ARIZONA STATE SENATE

Fifty-Fifth Legislature, Second Regular Session

 

FACT SHEET FOR S.B. 1048

 

emergency powers; business closure; repeal

Purpose

Removes the specified authorization for the mayor of a city or town or chairperson of a county board of supervisors (county BOS) to order the closing of any business during a local emergency.

Background

The mayor of a city or town or the chairperson of a county BOS may declare by proclamation that a local emergency exists if there is deemed to be an emergency due to fire, flood, earthquake, explosion, war, bombing, acts of the enemy or other natural or man-made disaster or by reason of riots, routs, affrays or other acts of civil disobedience that endanger life or property. If a local emergency is declared, the mayor or chairperson has the authority to impose all necessary regulations to preserve the peace and order of the city, town or county, including: 1) imposing curfews; 2) ordering the closing of businesses; 3) closing public access to public buildings, streets or other public places; 4) calling on law enforcement agencies and organizations for assistance; and 5) notifying the constitutional officers that the county office may remain open or may be closed for the emergency (A.R.S. § 26-311).

There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

1.   Removes the specified authorization for the mayor of a city or town or chairperson of a county BOS to order the closing of any business during a local emergency.

2.   Makes technical and conforming changes.

3.   Becomes effective on the general effective date.

Prepared by Senate Research

January 26, 2022

MH/slp