ARIZONA STATE SENATE
Fifty-Fifth Legislature, First Regular Session
FACT SHEET FOR
S.C.R. 1003
executive orders; emergencies; reauthorization; termination
Purpose
Subject to voter approval, constitutionally terminates a state
of emergency proclaimed by the Governor after 14 days, unless
extended by Concurrent Resolution of the Legislature. Requires
the Governor to call a special session of the Legislature
within 10 days of proclaiming a state of emergency.
Background
The Governor may declare a state of emergency if the Governor
finds 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 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's state of emergency powers end when
the state of emergency proclamation has been terminated by
proclamation of the Governor or Concurrent Resolution of the
Legislature (A.R.S.
§ 26-303).
There is no anticipated fiscal impact to the state General
Fund associated with this legislation.
Provisions
1.
Terminates a state of emergency proclaimed by the
Governor and any emergency powers granted to the Governor
during a state of emergency 14 days after the proclamation,
unless extended by Concurrent Resolution of the Legislature.
2.
Requires the Governor, within 10 days after proclaiming
a state of emergency, to call a special session to assemble
the Legislature 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's
proclamation or Concurrent Resolution of the Legislature.
3.
Prohibits the Legislature from extending a Governor's
state of emergency proclamation for more than a 30-day period.
4.
Allows the Legislature to extend a Governor's state of
emergency proclamation as many times as necessary.
5.
Prohibits the Governor, if a state of emergency
terminates without a legislative extension, from proclaiming a
new state of emergency arising out of the same conditions as
the terminated state of emergency proclamation.
6.
Authorizes, constitutionally, the Governor to proclaim
a state of emergency as statutorily outlined.
7.
Makes technical and conforming 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.
Prepared by Senate Research
January 21, 2021
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