REFERENCE TITLE: licenses; pandemics; revocation prohibition
State of Arizona
House of Representatives
First Regular Session
Representatives Hoffman: Barton, Blackman, Bowers, Chaplik, Cobb, Dunn, Grantham, Griffin, John, Kaiser, Kavanagh, Nguyen, Parker, Roberts, Toma, Wilmeth, Senators Barto, Leach, Livingston, Petersen, Townsend
amending sections 26-303 and 36-787, Arizona Revised Statutes; relating to emergency management.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 26-303, Arizona Revised Statutes, is amended to read:
26-303. Emergency powers of governor; termination; authorization for adjutant general; limitation
A. During a state of war emergency, the governor may:
1. Suspend the provisions of any statute prescribing the procedure for conduct of state business, or the orders or rules of any state agency, if the governor determines and declares proclaims that strict compliance with the provisions of any such statute, order or rule would in any way prevent, hinder or delay mitigation of the effects of the emergency.
2. Commandeer and utilize use any property, except for firearms or ammunition or firearms or ammunition components, or personnel deemed necessary in carrying out the responsibilities vested in the office of the governor by this chapter as chief executive of the this state, and thereafter the this state shall pay reasonable compensation therefor for the property as follows:
(a) If property is taken for temporary use, the governor, within ten days after the taking, shall determine the amount of compensation to be paid therefor for the property. If the property is returned in a damaged condition, the governor, within ten days after its return, shall determine the amount of compensation to be paid for such damage.
(b) If the governor deems it necessary for the this state to take title to property under this section, the governor shall then cause the owner of the property to be notified thereof in writing by registered mail, postage prepaid, and then cause a copy of the notice to be filed with the secretary of state.
(c) If the owner refuses to accept the amount of compensation fixed by the governor for the property referred to in subdivisions (a) and (b) of this paragraph, the amount of compensation shall be determined by appropriate proceedings in the superior court in the county where the property was originally taken.
B. During a state of war emergency, the governor shall have complete authority over all agencies of the state government and shall exercise all police power vested in this state by the constitution and laws of this state in order to effectuate the purposes of this chapter.
C. The powers granted to the governor by this chapter with respect to a state of war emergency shall terminate if the legislature is not in session and the governor, within twenty‑four hours after the beginning of such a state of war emergency, has not issued a call for an immediate special session of the legislature for the purpose of legislating on subjects relating to such a state of war emergency.
D. The governor may proclaim a state of emergency, which shall take effect immediately in an area affected or likely to be affected if the governor finds that circumstances described in section 26‑301, paragraph 15 exist.
E. During a state of emergency:
1. The governor shall have complete authority over all agencies of the this state government and the right to exercise, within the area designated, all police power vested in the state by the constitution and laws of this state in order to effectuate the purposes of this chapter.
2. The governor may direct all agencies of the state government to utilize use and employ state personnel, equipment and facilities for the performance of to perform any and all activities designed to prevent or alleviate actual and threatened damage due to the emergency. The governor may direct such agencies to provide supplemental services and equipment to political subdivisions to restore any services in order to provide for the health and safety of the citizens of the affected area.
F. The powers granted to the governor by this chapter with respect to a state of emergency shall terminate 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.
G. No provision of This chapter may does not limit, modify or abridge the powers vested in the governor under the constitution or statutes of this state.
H. If authorized by the governor, the adjutant general has the powers prescribed in this subsection. If, in the judgment of the adjutant general, circumstances described in section 26‑301, paragraph 15 exist, the adjutant general may:
1. Exercise those powers pursuant to statute and gubernatorial authorization following the proclamation of a state of emergency under subsection D of this section.
2. Incur obligations of one hundred thousand dollars $100,000 or less for each emergency or contingency payable pursuant to section 35‑192 as though a state of emergency had been proclaimed under subsection D of this section.
I. The powers exercised by the adjutant general pursuant to subsection H of this section expire seventy‑two hours after the adjutant general makes a determination under subsection H of this section.
J. Pursuant to the second amendment of the United States Constitution and article II, section 26, Constitution of Arizona, and notwithstanding any other law, the emergency powers of the governor, the adjutant general or any other official or person shall do not be construed to allow the imposition of additional restrictions on the lawful possession, transfer, sale, transportation, carrying, storage, display or use of firearms or ammunition or firearms or ammunition components.
K. Nothing in This section shall be construed to does not:
1. Prohibit the governor, the adjutant general or other officials responding to an emergency from ordering the reasonable movement of stores of ammunition out of the way of dangerous conditions.
2. Allow a state agency or a city, town or county to revoke any license that is required to operate a business for not complying with an order issued by the governor with respect to a state of emergency proclaimed by the governor pursuant to section 36‑787, subsection A unless the state agency or the city, town or county can demonstrate by clear and convincing evidence that the business was the actual cause of transmission of the disease that is the subject of the order.
Sec. 2. Section 36-787, Arizona Revised Statutes, is amended to read:
36-787. Public health authority during state of emergency or state of war emergency
A. During a state of emergency or state of war emergency declared proclaimed by the governor in which there is an occurrence or imminent threat of an illness or health condition that is caused by bioterrorism, an epidemic or pandemic disease or a highly fatal infectious agent or biological toxin and that poses a substantial risk of a significant number of human fatalities or incidents of permanent or long‑term disability, the department shall coordinate all matters pertaining to the public health emergency response of the state. The department has primary jurisdiction, responsibility and authority for:
1. Planning and executing public health emergency assessment, mitigation, preparedness response and recovery for this state.
2. Coordinating public health emergency response among state, local and tribal authorities.
3. Collaborating with relevant federal government authorities, elected officials of other states, private organizations and private sector companies.
4. Coordinating recovery operations and mitigation initiatives subsequent to public health emergencies.
5. Organizing public information activities regarding state public health emergency response operations.
6. Establishing, in conjunction with applicable professional licensing boards, a process for to grant a temporary waiver of the professional licensure requirements necessary for the implementation of to implement any measures required to adequately address the state of emergency or state of war emergency.
7. Granting temporary waivers of health care institution licensure requirements necessary for implementation of to implement any measures required to adequately address the state of emergency or state of war emergency.
B. In addition to the authority provided in subsection A of this section, during a state of emergency or state of war emergency, the governor, in consultation with the director of the department of health services, may issue orders that:
1. Mandate medical examinations for exposed persons.
2. Ration medicine and vaccines.
3. Provide for transportation of medical support personnel and ill and exposed persons.
4. Provide for procurement of medicines and vaccines.
C. In addition to the authority provided in subsections A and B of this section, during a state of emergency or state of war emergency in which there is an occurrence or the imminent threat of smallpox, plague, viral hemorrhagic fevers or a highly contagious and highly fatal disease with transmission characteristics similar to smallpox, the governor, in consultation with the director of the department of health services, may issue orders that:
1. Mandate treatment or vaccination of persons who are diagnosed with an illness resulting from exposure or who are reasonably believed to have been exposed or who may reasonably be expected to be exposed.
2. Isolate and quarantine persons.
D. Law enforcement officials of this state and the national guard shall enforce orders issued by the governor under this section.
E. Diseases subject to this section do not include acquired immune deficiency syndrome or any other infection caused by the human immunodeficiency virus.
F. If during a state of emergency or state of war emergency the public health is not endangered, nothing in this title shall does not authorize the department or any of its officers or representatives to impose on any person against the person's will any mode of treatment, provided that sanitary or preventive measures and quarantine laws are complied with by the person. Nothing in This title shall does not authorize the department or any of its officers or representatives to impose on any person contrary to his the person's religious concepts any mode of treatment, provided that sanitary or preventive measures and quarantine laws are complied with by the person.
G. At the governor's direction, the department may use reasonable efforts to assist the persons and institutions affected by the state of emergency or state of war emergency declared proclaimed pursuant to this section in seeking reimbursement of costs incurred as a result of providing services related to the implementation of implementing isolation and quarantine under this article to the extent these services are not otherwise subject to reimbursement.
H. THis section does not allow the department, any other state agency or a city, town or county to revoke any license that is required to operate a business for not complying with an order issued by the governor pursuant to this section unless the department, other state agency, city, town or county can demonstrate by clear and convincing evidence that the business was the actual cause of transmission of the disease that is the subject of the order.