About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

LOG IN
LOG IN


2021 Op. Ariz. Att'y Gen. 1 (2021)

handle is hein.sag/sagaz0118 and id is 1 raw text is: STATE OF ARIZONA OFFICE OF THE ATTORNEY GENERAL ATTORNEY GENERAL OPINION No. I21-001 (R20-017) By Re: Emergency Powers of the Governor, MARK BRNOVICH Counties and Municipalities ATTORNEY GENERAL February 17, 2021 To: John Kavanagh, Representative Arizona House of Representatives Questions Presented 1. When the Governor declares a state of emergency, other than a state of war emergency, the emergency can be ended by concurrent resolution of the legislature declaring it at an end, as per A.R.S. § 26-303(F). Is the Legislature's only option to end the emergency and consequently terminate all of the Governor's actions related to the emergency or could the Legislature: A. Modify the Governor's actions by either scaling them back or expanding them under the authority of A.R.S. § 26-303(F) or any other law? B. Make the application of the Governor's emergency powers contingent upon the existence of specified conditions, such as in the case of an epidemic, infection levels and hospital ICU bed or ventilator availability, under which the Governor's authority would both end and even later be automatically revived based upon ongoing changes in the conditional metrics?