Vetoed May 19, 2023 · 56th Legislature, 1st Regular Session
HB2545
public health emergency; sovereignty; limitations
BLAME HOBBS!
THE CONTEXT: During a state of emergency or state of war emergency, the governor has complete authority over all agencies of the state government and the right to exercise, within the area designated, all police power vested in this state by the constitution and laws of this state. The powers granted to the governor, concerning a state of emergency, must terminate when the state of emergency has been terminated by proclamation of the governor or by concurrent resolution of the legislature declaring it at an end ( A.
WHAT THE BILL DID: The final vetoed version would prohibit Arizona and all political subdivisions of Arizona from using any personnel or financial resources to enforce, administer or cooperate with an emergency order based on an agreement or recommendations from an international governmental organization unless the order has been ratified as a treaty by the U.S. Senate, affirmed by a vote of the U.S. Congress and signed into law, authorize the Governor to proclaim an emergency for only seven days based on hazardous public health conditions, and state the Governor can proclaim an emergency beyond seven days only on a two-thirds vote of the Arizona Legislature.
WHY IT MATTERED: The practical reason for this bill was to set a clear legal boundary for public health emergency instead of leaving the conduct unaddressed. It would prohibit Arizona and all political subdivisions of Arizona from using any personnel or financial resources to enforce, administer or cooperate with an emergency order based on an agreement or recommendations from an international governmental organization unless the order has been ratified as a treaty by the U.S. Senate, affirmed by a vote of the U.S. Congress and signed into law, and would also authorize the Governor to proclaim an emergency for only seven days based on hazardous public health conditions, rather than leave the current rule unchanged.
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