State Seal2 copy            Bill Number: S.B. 1819

            Ugenti-Rita Floor Amendment

            Reference to: printed bill

            Amendment drafted by: Leg Council

 

 

FLOOR AMENDMENT EXPLANATION

 

1.   Caps, beginning January 2, 2023, a Governor's initial state of emergency proclamation with respect to a public health emergency at 30 days.

2.   Allows the Governor to extend a state of emergency with respect to a public health emergency for up to 120 days and prohibits any single extension from being for a period of more than 30 days.

3.   Terminates a state of emergency proclaimed by the Governor for a public health emergency after 120 days, unless extended in whole or in part by concurrent resolution of the Legislature.

4.   Allows the Legislature to extend the state of emergency as many times as necessary and prohibits any single extension from being for a period of more than 30 days.

5.   Prohibits the Governor, on termination of a state of emergency with respect to a public health emergency, from proclaiming a new state of emergency based on the same conditions without the passage of a concurrent resolution of the Legislature consenting to the new state of emergency.

6.   Requires the Governor, on the extension of a state of emergency, to submit a written report to a Joint Committee of the Health Committees of the Senate and House of Representatives, or their successor committees (Joint Committee).

7.   Requires the Director of the Department of Health Services (DHS) and a representative of the Governor's Office, after the first 60 days of a public health emergency, to provide a briefing to the Joint Committee. 

8.   Requires the Joint Committee to give the extension of the public health emergency a favorable or unfavorable review.

9.   Requires the Joint Committee to provide the Joint Committee's recommendation to all members of the Legislature and the Governor.

10.  Requires the outcome of the Joint Committee's review to be conspicuously posted on the Governor's and DHS's public websites.

11.  Makes technical and conforming changes.

 


 

Fifty-fifth Legislature                                               Ugenti-Rita

First Regular Session                                                   S.B. 1819

 

UGENTI-RITA FLOOR AMENDMENT

SENATE AMENDMENTS TO S.B. 1819

(Reference to printed bill)

 


Page 3, between lines 33 and 34, insert:

"Sec. 3. Section 26-302, Arizona Revised Statutes, is amended to read:

START_STATUTE26-302. General powers of governor

The governor may delegate any of the powers vested in the office of the governor under this chapter to the adjutant general who may further delegate the powers to the director of emergency management except the powers enumerated in section 26-303, subsections A through I. END_STATUTE

Sec. 4. Section 26-303, Arizona Revised Statutes, is amended to read:

START_STATUTE26-303. Emergency powers of governor; termination; authorization for adjutant general; limitation; extension; report

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 state government and the right to exercise, within the area designated, all police power vested in the this 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. except as provided in subsection G of this section, 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. Beginning January 2, 2023, the governor may issue an initial proclamation with respect to a state of emergency for a public health emergency as described in section 36-787 for a period of not more than thirty days.  The governor may extend the state of emergency for not more than one hundred twenty days, but any extension may not be for a period of more than thirty days.  The state of emergency shall terminate after one hundred twenty days, unless the state of emergency is extended, in whole or in part, by passage of a concurrent resolution of the legislature.  The legislature may extend the state of emergency as many times as necessary by concurrent resolution, but any extension may not be for a period of more than thirty days.  If a state of emergency for a public health emergency is not extended pursuant to this subsection, the governor may not proclaim a new state of emergency based on the same conditions without the passage of a concurrent resolution by the legislature consenting to the new state of emergency.

H. On the extension of a state of emergency for a public health emergency pursuant to subsection G of this section, the governor shall submit a written report to a joint committee of the health committees of the senate and the house of representatives, or their successor committees.  After the first sixty days of a public health emergency, the director of the department of health services and a representative of the governor's office shall provide a briefing to the joint committee, and the joint committee shall give the extension of the public health emergency a favorable or unfavorable review.  The joint committee shall provide the joint committee's recommendation to all members of the legislature and the governor.  The outcome of the joint committee's review shall be conspicuously posted on the governor's and the department of health service's public websites.

G. I. 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. J. 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. K. The powers exercised by the adjutant general pursuant to subsection J of this section expire seventy-two hours after the adjutant general makes a determination under subsection H of this section.

J. L. 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. M. Nothing in This section shall be construed to does not 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."END_STATUTE

Renumber to conform

Page 4, line 3, strike "H" insert "J"

Page 5, line 16, strike "H" insert "J"

Amend title to conform


 

 

MICHELLE UGENTI-RITA

 

1819FloorUGENTI-RITA2

06/22/2021

06:47 PM

C: MH