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

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?

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most