SB 1084 — state of emergency; automatic termination

SB1084 - 551R - S-Ugenti-RitaS flrVer amend  (ref  Bill)  adopted-AdoptedSenate            Engrossed Bill  Number:state of emergency;

S.B.automatic termination         State of Arizona Senate Fifty-fifth Legislature First Regular Session       SENATE BILL 1084       AN ACT   amending section 26-303, Arizona Revised Statutes;

1084relating            to Ugenti-Ritaemergency Floormanagement. Amendment             Reference to:

printed  bill             (TEXT AmendmentOF draftedBILL by:BEGINS ON NEXT PAGE)   Be it enacted by the Legislature of the State of Arizona:

MikeSection 1. Hans     FLOOR AMENDMENT EXPLANATION   1.

 Section Terminates26-303, aArizona stateRevised ofStatutes, emergencyis proclaimedamended byto theread: Governor after 90 days, rather than after 21 days, unless extended by the Legislature.

START_STATUTE26-303.

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.

 Commandeer Prohibitsand autilize legislativeuse extensionany 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 athe stategovernor by this chapter as chief executive of emergencythe fromthis exceedingstate, 90and days,thereafter ratherthe thanthis 21state days.shall pay reasonable compensation therefor for the property as follows:

3.(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 Prohibits the Governorproperty fromis proclaimingreturned in a newdamaged statecondition, of emergency based on the samegovernor, conditions,within ratherten thandays sameafter orits substantiallyreturn, similarshall factsdetermine andthe circumstances,amount as a terminated state of emergencycompensation withoutto thebe consentpaid offor thesuch Legislature.damage.

 (b) Fifty-fifthIf Legislature                                              the Ugenti-Ritagovernor Firstdeems Regularit Session                                                  necessary S.B.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.

1084(c)  If UGENTI-RITAthe FLOORowner AMENDMENTrefuses SENATEto AMENDMENTSaccept TOthe S.B.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.

1084B. (Reference to printed bill)   Page 2, line 6, strike "or substantially similar facts and circumstances" insert "conditions" Lines 28 and 33, strike "twenty-one" insert "ninety" Amend title to conform     MICHELLE UGENTI-RITA   1084UGENTI-RITA0441.docx 02/24/2021 04:41 PM S:

MH/gsDuring  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.

On termination of a state of emergency pursuant to subsection F of this section, 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.

if the governor fails to comply with the prohibition in this subsection, any citizen may apply to the superior court for a writ of mandamus to compel the governor to comply with this subsection.

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 to perform of 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.  The state of emergency terminates either:

1.

Ninety days after the date on which the state of emergency is proclaimed, unless otherwise 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 ninety days.

2.

Earlier than the time periods prescribed in paragraph 1 of this subsection, by proclamation of the governor or by concurrent resolution of the legislature declaring it at an end.