REFERENCE TITLE: governor; state of emergency

State of Arizona

House of Representatives

Fifty-sixth Legislature

First Regular Session

2023

HCR 2039

Introduced by

Representatives Chaplik: Kolodin

A Concurrent Resolution

proposing an amendment to the Constitution of Arizona; amending article V, section 4, Constitution of Arizona; relating to the governor.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it resolved by the House of Representatives of the State of Arizona, the Senate 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:

CONST4. Governor; powers and duties; special sessions of legislature; message and recommendations; state 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 either:

1. Thirty days after the date on which the state of emergency is proclaimed, unless the legislature extends the state of emergency by concurrent resolution. If the state of emergency is not terminated pursuant to paragraph 2 of this subsection, 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 extend the state of emergency and the emergency powers granted to the governor during the state of emergency. The legislature may extend the state of emergency and the emergency powers granted to the governor during the state of emergency as many times as necessary, but any extension may not be for a period of more than thirty days. If the legislature does not extend 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. Before the thirty-day period prescribed in paragraph 1 of this subsection, by proclamation of the governor or by concurrent resolution of the legislature declaring the state of emergency to be at an end. CONST

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.