SB 1048 — emergency powers; business closure; repeal

BillSenate Number:Engrossed emergency powers;

S.B.business closure;

repeal State of Arizona Senate Fifty-fifth Legislature Second Regular Session SENATE BILL 1048 PetersenAN FloorACT AmendmentAMENDING ReferenceSECTION to:26-311, ARIZONA REVISED STATUTES;

printedRELATING billTO AmendmentEMERGENCY draftedMANAGEMENT. by:

Michael(TEXT HansOF FLOORBILL AMENDMENTBEGINS EXPLANATIONON •NEXT ExcludesPAGE) the- abilityi to- orderS.B. the closure of businesses from the authority granted to the mayor of a city or town or chair of a county board of supervisors during a local emergency.

Amendment1048 explanationBe preparedit enacted by Michaelthe Hans 02/15/2022 Fifty-fifth Legislature Petersenof Secondthe RegularState Sessionof S.B.Arizona:

1048Section PETERSEN1. FLOOR AMENDMENT SENATE AMENDMENTS TO S.B.

1048Section (Reference26-311, toArizona printedRevised bill)Statutes, Pageis 1,amended line 23, after "county," insert "EXCLUDING THE ORDERING OF THE CLOSURE OF BUSINESSES, BUT" Amend title to conformread: WARREN PETERSEN 1048PETERSEN1046.docx 02/11/2022 10:46 AM S:

MH/slp26-311. - 1 -

Local emergencies;

declaration by mayor or chairman of the board;

power of political subdivisions;

state agency assistance A.

In addition to the powers granted by other provisions of the law or charter, whenever IF the mayor of an incorporated city or town or the chairman of the board of supervisors for the unincorporated portion AREAS of the county, shall deem DEEMS that an emergency exists due to fire, conflagration, flood, earthquake, explosion, war, bombing, acts of the enemy or any other natural or man-made calamity or disaster or by reason of threats or occurrences of riots, routs, affrays or other acts of civil disobedience which THAT endanger life or property within the city, TOWN or the unincorporated areas of the county, or portion thereof, the mayor or chairman of the board of supervisors, if authorized by ordinance or resolution, may DECLARE, by proclamation, declare an emergency or a local emergency to exist.

B.

If an emergency is declared pursuant to subsection A OF THIS SECTION, the mayor or the chairman of the board of supervisors shall, GOVERN during such AN emergency, govern by proclamation and shall have the authority to impose all necessary regulations to preserve the peace and order of the city, town, or unincorporated areas of the county, EXCLUDING THE ORDERING OF THE CLOSURE OF BUSINESSES, BUT including but not limited to THE FOLLOWING:

1.

Imposition of IMPOSING curfews in all or portions of the political subdivision.

2.

Ordering the closing of any business.

3.

2.

Closing to public access any public building, street, or other public place.

4.

3.

Calling upon ON regular or auxiliary law enforcement agencies and organizations within or without the political subdivision for assistance.

5.

4.

Notifying the constitutional officers that the county office for which they are responsible may remain open or may close for the emergency.

C.

In periods of A local emergency, including an emergency declared pursuant to subsection A of this section, political subdivisions have full power to provide mutual aid to any affected area in accordance with local ordinances, resolutions, emergency plans or agreements therefor.

D.

State agencies may provide mutual aid, including personnel, equipment and other available resources, to assist political subdivisions during a local emergency in accordance with emergency plans or at the direction of the governor.

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