PREFILED    DEC 16 2020

REFERENCE TITLE: state of emergency declaration; termination

State of Arizona

Senate

Fifty-fifth Legislature

First Regular Session

2021

SCR 1001

Introduced by

Senator Ugenti-Rita

A CONCURRENT RESOLUTION

Terminating the declaration of emergency issued on March 11, 2020 due to the COVID‑19 outbreak.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Whereas, Douglas A. Ducey, Governor of the State of Arizona, issued a Declaration of Emergency related to COVID-19 on March 11, 2020; and

Whereas, under expanded authority exclusively allowable under a Declaration of Emergency, Governor Ducey subsequently issued Executive Order 2020-18 on March 30, 2020 and Executive Order 2020-33 on April 29, 2020, which implemented stay-at-home orders that have drastically restricted and suppressed the individual freedoms and economic prosperity of Arizonans; and

Whereas, under this expanded authority, Governor Ducey has subjected individual citizens to criminal sanctions for noncompliance with the stay‑at-home orders; and

Whereas, pursuant to Constitution of Arizona, article II, sections 1 and 2, our state government was established to protect and maintain individual rights and must frequently return to these principles to secure these rights and the perpetuity of our free government; and

Whereas, in a memorandum dated April 27, 2020 to the United States Assistant Attorney General for Civil Rights and all United States Attorneys, United States Attorney General William Barr stated that "[i]f a state or local ordinance crosses the line from an appropriate exercise of authority to stop the spread of COVID-19 into an overbearing infringement of constitutional and statutory protections, the Department of Justice may have an obligation to address that overreach in federal court"; and

Whereas, the Arizona department of economic security has received over 5,200,000 initial claims for unemployment insurance and has delivered more than $12 billion in benefits since March 28, 2020; and

Whereas, depletion of this state's account in the unemployment trust fund that is established and maintained pursuant to section 904 of the social security act will increase future payroll taxation on Arizona businesses; and

Whereas, according to the University of Arizona Second Quarter 2020 Economic Forecast Update, government- and self-imposed social distancing measures that drive job reductions of 10.2 to 23.4%, combined with reduced taxable sales, income, wealth, housing activity, population growth and net migration, will elevate the magnitude of the coming projected economic downturn to be 50% greater than the 2008-2009 recession; and

Whereas, municipal economic development authorities estimate that 20 to 25% of their small businesses will not return after Arizona's economic shutdown; and

Whereas, pursuant to Constitution of Arizona, article II, section 13, "[n]o law shall be enacted granting to any citizen, class of citizens, or corporation other than municipal, privileges or immunities which, upon the same terms, shall not equally belong to all citizens or corporations"; and

Whereas, under Executive Orders 2020-18 and 2020-33, Governor Ducey has allowed certain types of businesses to operate while restricting others, forcing compliance through significant fines and license revocations; and

Whereas, pursuant to section 26-301, paragraph 15 and section 26‑303, subsection D, Arizona Revised Statutes, the governor may proclaim a state of emergency only for conditions of disaster or of extreme peril to the safety of persons due to an epidemic that are or are likely to be beyond the control of available services, personnel, equipment and facilities; and

Whereas, throughout the duration of the stay-at-home orders implemented by Executive Orders 2020-18 and 2020-33, Arizona hospitals have consistently had more than 1,100 available ventilators and have maintained an available bed capacity of over 3,800 total intensive care unit, emergency department and inpatient beds; and

Whereas, prolonged isolation is detrimental to public health and mental well-being, leading to increases in child abuse, domestic violence, depression, substance abuse and other lingering societal costs requiring difficult and lengthy paths to recovery; and

Whereas, pursuant to section 36-788, subsection A, Arizona Revised Statutes, isolation or quarantine during a state of emergency is allowable only if it "is the least restrictive means by which the public can be protected from transmission of the disease, due to the nature of the disease and available preventive measures, or refusal by an individual to accept less restrictive measures to prevent disease transmission"; and

Whereas, Arizonans are personally responsible and have exceeded expectations in slowing community spread through their own individual behaviors and actions, accepting personal restrictions as a civic duty to prevent disease transmission.

Therefore

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

1.  That pursuant to section 26‑303, subsection F, Arizona Revised Statutes, the Legislature declares that the Declaration of Emergency issued by the Governor on March 11, 2020 due to the COVID‑19 outbreak is at an end and is terminated.

2.  That the Secretary of State transmit a copy of this concurrent resolution to the Governor of the State of Arizona.