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ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
AMENDED
governor; state of emergency
(NOW: governor; emergency powers)
Purpose
Subject to voter approval, constitutionally terminates any emergency powers granted to the Governor during a state of emergency 30 days after the proclamation, unless extended by the Legislature, and outlines exceptions to the automatic termination. Requires the Governor to promptly call a special session upon the presentation of a petition bearing the signature of at least one-third of each house of the Legislature.
Background
A state of
emergency is the existence of conditions of disaster or of extreme peril to
the safety of persons or property within Arizona caused by air pollution, fire,
flood or floodwater, storm, epidemic, riot, earthquake or other causes except those
resulting in a state of war emergency (A.R.S.
§ 26-301).
The Governor may declare a state of emergency if the Governor finds that there exists conditions of disaster or extreme peril to the safety of persons or property within the state caused by air pollution, fire, flood, epidemic, riot, earthquake or other causes that are likely to be beyond the control of any single county or municipality (A.R.S. § 26-301). 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 Arizona Constitution. Additionally, the Governor may direct all agencies to utilize and employ personnel, equipment and facilities for the performance of activities designed to prevent or alleviate actual or threatened damage due to the emergency. The Governor may issue an initial proclamation with respect to a state of emergency for a public health emergency for up to 30 days. The Governor may extend the state of emergency for a public health emergency 30 days at a time, up to a total of 120 days. The state of emergency for a public health emergency is terminated after 120 days unless the state of emergency is extended by a concurrent resolution of the Legislature. The Legislature may extend the state of emergency for a public health emergency as many times as necessary by concurrent resolution, up to 30 days at a time. If a state of emergency for a public health emergency is not extended as outlined by statute, the Governor may not proclaim a new state of emergency for a public health emergency based on the same conditions without a concurrent resolution of the Legislature consenting to the new state of emergency for a public health emergency (A.R.S. § 26-303).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Specifies that any emergency powers granted to the Governor, if authorized by state law, terminate:
a) 30 days after the date the state of emergency was proclaimed, unless the Legislature extends the emergency powers granted to the Governor during the state of emergency by concurrent resolution;
b) by proclamation of the Governor terminating the state of emergency; or
c) by concurrent resolution of the Legislature declaring the emergency powers granted to the Governor to be at an end.
2. Exempts the emergency powers granted to the Governor arising from a state of war emergency or an emergency arising from a flood or fire from automatic termination.
3. Requires the Governor to promptly call a special session to assemble the Legislature on the date specified upon the presentation of a petition bearing the signatures of at least one-third of the members of each house of the Legislature requesting a special session for the purpose of terminating or altering the emergency powers granted to the Governor during the state of emergency.
4. Allows the Legislature to alter or limit the emergency powers of the Governor, if the Legislature extends the emergency powers granted to the Governor during a state of emergency.
5. Limits, for a special session for the purpose of terminating or altering emergency powers granted to the Governor, the subjects that may be considered by the Legislature to emergency powers granted to the Governor during a state of emergency.
6. Prohibits, if the Legislature does not extend the emergency powers granted to the Governor, the Governor from proclaiming a new state of emergency arising out of the same conditions for which the state of emergency was proclaimed.
7. Makes technical changes.
8. Requires the Secretary of State to submit the proposition to the voters at the next general election.
9. Becomes effective if approved by the voters and on proclamation of the Governor.
Amendments Adopted by Committee of the Whole
1. Replaces the automatic termination of a Governor-proclaimed state of emergency after 30 days, with the automatic termination of the emergency powers granted to the Governor during a state of emergency after 30 days, unless extended or altered by the Legislature.
2. Allows the Legislature to alter or limit the emergency powers, if certain requirements are met.
3. Exempts the emergency powers granted to the Governor for a state of emergency relating to a flood or fire from automatic termination after 30 days and from the requirement that the Legislature must extend the emergency powers by concurrent resolution.
4. Requires, if the Legislature is not convened, the Governor to promptly call a special session to assemble the Legislature on the date specified upon the presentation of a required petition.
5. Removes the prohibition on the Legislature from extending a state of emergency for more than 30 days at a time.
6. Removes the requirement that the Governor call a special session to assemble the Legislature by the 10th day after the state of emergency was proclaimed.
7. Makes technical and conforming changes.
House Action Senate Action
GOV 2/15/23 DP 5-4-0-0 GOV 2/15/23 DP 5-4-0
3rd Read 3/1/23 31-28-1
Prepared by Senate Research
June 13, 2023
AN/slp