Assigned to GOV FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Fifth Legislature, Second Regular Session
FACT SHEET FOR S.B. 1009
state of emergency; executive powers
Purpose
Caps, beginning January 2, 2023, a Governor's initial state of emergency proclamation with
respect to a public health emergency, at 30 days and allows the Governor to extend the state of
emergency for up to 120 days in up to 30-day increments. Terminates a state of emergency
proclamation by the Governor for a public health emergency after 120 days, unless extended by
the Legislature. Allows the Legislature to extend the state of emergency as many times as
necessary in up to 30-day increments.
Background
The Governor may declare a state of emergency if the Governor finds that there exists
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 (A.R.S. § 26-301). 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 actual or threatened damage due to the
emergency. The Governor's state of emergency powers end when the state of emergency
proclamation has been terminated by proclamation of the Governor or concurrent resolution of the
Legislature (A.R.S. § 26-303).
During a state of emergency or state of war emergency in which there is an occurrence or
imminent threat of an illness or health condition caused by bioterrorism, epidemic or pandemic
disease or a highly fatal infectious agent or biological toxin that poses a substantial risk of a
significant number of human fatalities (public health emergency) the Department of Health
Services (DHS) must coordinate all matters pertaining to the state response. During a public health
emergency, DHS has primary jurisdiction, responsibility and authority for certain duties,
including: 1) planning and executing the public health emergency assessment, mitigation,
preparedness response and recover of the state; 2) coordinating the response among state, local
and tribal authorities; and 3) coordinating recovery operations and mitigation initiatives
(A.R.S. § 36-787).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1. Caps, beginning January 2, 2023, a Governor's initial state of emergency proclamation with
respect to a public health emergency at 30 days. FACT SHEET
bill number
Page 2
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 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.
12. Becomes effective on the general effective date.
Prepared by Senate Research
January 19, 2022
MH/slp