Arizona 2022 2022 Regular Session

Arizona House Bill HB2107 Comm Sub / Analysis

Filed 02/03/2022

                      	HB 2107 
Initials FK 	Page 1 	Caucus & COW 
 
ARIZONA HOUSE OF REPRESENTATIVES 
Fifty-fifth Legislature 
Second Regular Session 
HOUSE: MAPS DP 8-7-0-0 
 
HB 2107: emergency powers; business closure; repeal. 
Sponsor: Representative Biasiucci, LD 5 
Caucus & COW 
Overview 
Prohibits the mayor of an incorporated city or town, and the chairman of the board of supervisors 
(BOS) for the unincorporated areas of the county, from ordering the closure of businesses during 
a declared emergency.   
History 
A mayor or chairman of the BOS may declare an emergency, if authorized by ordinance or 
resolution, 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 endanger life or 
property within the city, or unincorporated areas of the county, or any portion thereof (A.R.S. § 
26-311).  
The mayor or the chairman of the BOS has the authority to impose all necessary regulations to 
preserve the peace and order of the city, town or unincorporated areas of the county, including 
but not limited to: 
1) Imposing curfews in all or portions of the political subdivision;  
2) Ordering a business to close; 
3) Closing public access to any public building, street, or other public place; 
4) Calling on regular or auxiliary law enforcement agencies and organizations for assistance; 
and 
5) Notifying the constitutional officers that the county office for which they are responsible 
may remain open or may close for the emergency (A.R.S § 26-311).      
Provisions 
1. Prohibits the mayor of an incorporated city or town from ordering the closure of businesses 
during a declared emergency. (Sec. 1)  
2. Prohibits the chairman of the BOS for an unincorporated area of a county from ordering the 
closing of businesses during a declared emergency. (Sec. 1)  
3. Makes technical and conforming changes. (Sec. 1)  
☐ Prop 105 (45 votes)     ☐ Prop 108 (40 votes)      ☐ Emergency (40 votes) ☐ Fiscal Note