House of Representatives

HB 2034

administrative rules; effective date

Sponsors: Representative Allen

 

X

Committee on Retirement and Government Operations

 

Caucus and COW

 

 

As Passed the House

 

HB 2034 makes a rule other than an emergency rule or a summary rule effective 30 days after its publication in the register.

 

The proposed strike-everything amendment to HB 2034 establishes that during a state of war emergency, a state of emergency, an emergency or a local emergency an order that specified items, services, supplies or gasoline should not be sold for an amount which exceeds 10 per cent of the price charged immediately before the proclamation of the emergency is given.

 

History

Arizona law establishes statutory authority for designating an event an emergency and authorizes emergency powers to the governor during a state of war emergency or during a state of emergency (26-303).  During a state of war emergency, the governor’s emergency powers include the ability to suspend the provisions of any statute prescribing the conduct of state business, commandeer property or personnel deemed necessary and control all state agencies.  During a state of emergency, the governor’s emergency powers also include complete authority over all state agencies and the authority to direct all state agencies to utilize personnel, equipment and facilities to prevent or alleviate the situation. 

 

Arizona law requires state emergency plans be in effect for each political subdivision of the state with each governing body required to appropriate funds, make contracts and obtain and distribute equipment, materials, and supplies for emergency management purposes (26-308). When an emergency is declared by a mayor of an incorporated town or city or the chairman of the board of supervisors of an unincorporated portion of the county, the mayor or chairman may govern by proclamation and has the power to impose necessary regulations.

Provisions

·                      Authorizes the governor to order that no person shall sell or offer to sell consumer food items, repair or reconstruction services, emergency or medical supplies or gasoline for an amount exceeding 10 per cent of the price charged immediately prior to the existence of a state of war emergency or within the area designated of a state of emergency.

 

·                      Includes local emergency in language addressing when the mayor or chairman of the board of supervisors shall govern by proclamation.

 

·                      Authorizes the mayor or the chairman of the board to order that no person, within the affected area, shall sell consumer food items, repair or reconstruction services, emergency or medical supplies or gasoline for an amount exceeding 10 per cent of the price charged immediately before the proclamation of an emergency or local emergency.

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·                      45th Legislature                                                                                                                       

·                      First Regular Session                           2                                                            March 8, 2001

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