Limiting emergency powers of future governors awaits Ducey's signature

PHOENIX — Upset with the just-ended 2-year state of emergency, state lawmakers gave final approval Wednesday to curbing the power of the governor.

Just not this governor.

On a 31-27 vote the House voted to spell out that public health emergencies can be declared for not more than 30 days. SB 1009 also says that can be extended three times.

But at 120 days, the emergency would self-destruct unless the House and Senate gave their approvals. And those extensions would have to be renewed every 30 days.

And to prevent abuses, it would prohibit the governor from proclaiming a new state of emergency based on the same conditions unless the Legislature approves.

The measure, which was previously approved by the Senate, now goes to Gov. Doug Ducey.

Sen. Michelle Ugenti-Rita, R-Scottsdale, told Capitol Media Services she expects him to sign it. And one reason, she acknowledged, is that the measure is crafted so it does not take effect until Jan. 2, 2023, the day a new governor will be sworn in.

“This is a legislative change,’’ Ugenti-Rita said. “So I obviously need his support and need a signature.’’

And she said that she made changes from her original plan to satisfy Ducey.

But Ugenti-Rita, who is not seeking reelection to the Senate, said that the change is necessary — even if it does not take effect until next year.

The measure is a direct outgrowth of the decision by Ducey to declare an emergency in early 2020 following the outbreak of COVID-19. He only rescinded that order last month, more than two years later.

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Ugenti-Rita said curbs are necessary.

“Having an executive who has the power to close down businesses and unilaterally make decisions that have dramatic consequences and can be abused is not in the best interest of the public,’’ she said.

She also pointed out that nothing in the legislation precludes a future governor from declaring a state of emergency when he or she believes it is necessary.

“But what it will bring back is a balance of power,’’ Ugenti-Rita said, requiring the chief executive to consult with — and get the approval of — state lawmakers after 120 days. At that point, she said, legislators could allow the emergency to be continued or simply expire.

None of the Democrats in the House voted in support.

“We can have a disagreement in terms of why an executive order is called and the reasons behind that,’’ said Rep. Marcelino Quiñonez, D-Phoenix.

“We can have a disagreement all day long about whether it’s warranted or not,’’ he continued. “But we can’t have an agreement about its effectiveness.’’

And Quiñonez said what the legislation requires when future emergencies are declared would create a “logistical nightmare.’’

Ducey press aide C.J. Karamargin said the governor does not comment on measures that have not yet reached his desk.

But he acknowledged that the provision was incorporated into a much larger measure that the governor actually signed last year. That entire bill, however, was voided by the Arizona Supreme Court which said it was illegal for lawmakers to pack a variety of unrelated provisions into a single piece of legislation.