Friday, May 6, 2022
FOR IMMEDIATE RELEASE
Governor Ducey Signs Bill Reining in Use of Emergency Powers
Phoenix, Arizona – Governor Doug Ducey signed SB1009 (state of emergency; executive powers), sponsored by Senator Michelle Ugenti-Rita (R-23), into law today. This bill limits the duration of time a Governor can declare a state of emergency and outlines the authorizations, requirements and duties relating to the Governor's proclamation.
This legislation restricts a Governor's initial state of emergency proclamation, with respect to a public health emergency, to 30 days. It also allows the Governor to extend the state of emergency for up to a total of 120 days, in up to 30-day increments. A state of emergency proclamation for a public health emergency is terminated automatically after 120 days, unless extended by a vote of the Legislature. The Legislature may extend the state of emergency as many times as necessary in up to 30-day increments.
During a state of emergency, the Governor has complete authority over all agencies of 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 by proclamation of the Governor or concurrent resolution of the Legislature.
During the public health emergency resulting from the Covid-19 pandemic, private businesses were forced to close and allowed to reopen with only limited operations. Additionally, schools were shutdown, and mask mandates were imposed without any parental input. Furthermore, counties and local governments were given unprecedented authority to limit personal freedoms and liberties, using methods such as curfews.
"This bill restores the balance of power between the executive and legislative branches by limiting the length of time a state of emergency can be declared. All across the country, governors invoked their emergency powers, many times in perpetuity, to unilaterally make decisions that would have otherwise had to go through the legislative process. Sadly, this abuse of power was arbitrarily used to take peoples’ liberties from them. I sponsored this bill to make sure it never happens again," said Senator Ugenti-Rita.
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For more information, contact:
Kim Quintero
Director of Communications | Arizona State Senate Republican Caucus