On Friday, Governor Doug Ducey signed a bill, SB1009, that limits the duration of time a Governor can declare a state of emergency. The bill also outlines the authorizations, requirements and duties relating to the Governor’s proclamation.
The legislation only restricts a Governor’s initial state of emergency proclamation, related to a public health emergency, to 30 days, but allows it to be extended for up to a total of 120 days, in increments as long as 30 days.
The Legislature itself may extend the state of emergency as many times as necessary, also in increments as long as 30 days.
“Ducey, with his Napoleon Complex, flexed his shut down muscle and became the least popular governor in the country,” said one lobbyist. “After abusing his own power, Ducey signs a bill to curb the next governor’s powers? That’s good, but why didn’t he voluntarily curb his own?”
The bill does nothing to change the fact that 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 Ducey’s public health emergency declaration period, many corporate chains providing “essential services” were able to stay open, but the policies imposed forced many small businesses to shutter. Many of those businesses never reopened.
Ducey allowed schools to be shut down, and allowed schools to force children to wear masks, without any evidence that they protected young children who had limited risk from the virus.
What draconian policies Ducey did not impose, counties and local governments often did, using unprecedented authority to limit personal freedoms and liberties, including 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.