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ARIZONA STATE SENATE
Fifty-Fifth Legislature, First Regular Session
legislative special session; emergencies
Purpose
Subject to voter approval, requires the Governor to call a special session when the Governor declares a state of emergency to address matters relating to the state of emergency.
Background
Current statute allows the Governor to 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. 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 damage due to the emergency. The Governor's state of emergency powers end when the state of emergency has been terminated by proclamation of the Governor or Concurrent Resolution of the Legislature (A.R.S. §§ 26-303 and 26-301). The Governor may delegate certain powers vested in the office of the Governor related to a state of emergency to the Adjutant General, who may further delegate the powers to the Director of Emergency management (A.R.S. § 26-302).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires the Governor to call a special session of the Legislature when the Governor declares a state of emergency to address matters relating to the state of emergency.
2. Requires the call for the special session to be issued at the same time as the Governor's state of emergency declaration and for the special session to be held for the duration of the state of emergency.
3. Makes technical and conforming changes.
4. Requires the Secretary of State to submit the proposition to the voters at the next general election.
5. Becomes effective if approved by the voters and on proclamation of the Governor.
Prepared by Senate Research
January 21, 2021
MH/HF/gs