Bill Text: AZ HB2701 | 2012 | Fiftieth Legislature 2nd Regular | Introduced
Bill Title: Disaster response
Sponsorship: Moderate Partisan Bill (Republican 8-2)
Status: (Introduced - Dead) 2012-01-31 - Referred to House MAPS Committee [HB2701 Detail]
Download: Arizona-2012-HB2701-Introduced.html
|
REFERENCE TITLE: disaster response |
|
State of Arizona House of Representatives Fiftieth Legislature Second Regular Session 2012
|
|
HB 2701 |
|
|
|
Introduced by Representatives Chabin, Pancrazi: Barton, Crandell, Fann, Goodale, Jones, McLain, Vogt, Yee
|
AN ACT
amending sections 11-251, 26-301, 26‑303, 26-305, 26-306, 26-308 and 35-192, Arizona Revised Statutes; relating to disaster response and recovery.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 11-251, Arizona Revised Statutes, is amended to read:
11-251. Powers of board
The board of supervisors, under such limitations and restrictions as are prescribed by law, may:
1. Supervise the official conduct of all county officers and officers of all districts and other subdivisions of the county charged with assessing, collecting, safekeeping, managing or disbursing the public revenues, see that such officers faithfully perform their duties and direct prosecutions for delinquencies, and, when necessary, require the officers to renew their official bonds, make reports and present their books and accounts for inspection.
2. Divide the counties into such districts or precincts as required by law, change them and create others as convenience requires.
3. Establish, abolish and change election precincts, appoint inspectors and judges of elections, canvass election returns, declare the result and issue certificates thereof.
4. Lay out, maintain, control and manage public roads, ferries and bridges within the county and levy such tax for that purpose as may be authorized by law.
5. Provide for the care and maintenance of the sick of the county, erect and maintain hospitals for that purpose and, in its discretion, provide a farm in connection with the county hospital and adopt ordinances for working the farm.
6. Provide suitable rooms for county purposes.
7. Purchase, receive by donation or lease real or personal property necessary for the use of the county prison and take care of, manage and control the property, but no purchase of real property shall be made unless the value has been previously estimated by three disinterested citizens of the county, appointed by the board for that purpose, and no more than the appraised value shall be paid for the property.
8. Cause to be erected and furnished a courthouse, jail and hospital and such other buildings as necessary, and construct and establish a branch jail, when necessary, at a point distant from the county seat.
9. Sell at public auction, after thirty days' previous notice given by publication in a newspaper of the county, stating the time and place of the auction, and convey to the highest bidder, for cash or contract of purchase extending not more than ten years from the date of sale and on such terms and for such consideration as the board shall prescribe, any property belonging to the county that the board deems advantageous for the county to sell, or that the board deems unnecessary for use by the county, and shall pay the proceeds thereof into the county treasury for use of the county, except that personal property need not be sold but may be used as a trade‑in on the purchase of personal property when the board deems this disposition of the personal property to be in the best interests of the county.� When the property for sale is real property, the board shall have such property appraised by a qualified independent fee appraiser who has an office located in this state. The appraiser shall establish a minimum price, which shall not be less than ninety per cent of the appraised value. The notice regarding the sale of real property shall be published in the county where the property is situated and may be published in one or more other counties, and shall contain, among other things, the appraised value, the minimum acceptable sale price, and the common and legal description of the real property.� Notwithstanding the requirement for a sale at public auction prescribed in this paragraph, a county, with unanimous consent of the board and without a public auction, may sell or lease any county property to any other duly constituted governmental entity, including the state, cities, towns and other counties. A county, with unanimous consent of the board and without public auction, may grant an easement on county property for public purposes to a utility as defined in section 40‑491.� A county, with unanimous consent of the board and without public auction, may sell or lease any county property for a specific use to any solely charitable, social or benevolent nonprofit organization incorporated or operating in this state. A county may dispose of surplus equipment and materials that have little or no value or that are unauctionable in any manner authorized by the board.
10. Examine and exhibit the accounts and performance of all officers having the care, management, collection or disbursement of monies belonging to the county or appropriated by law or otherwise for the use and benefit of the county. The working papers and other audit files in an examination and audit of the accounts and performance of a county officer are not public records and are exempt from title 39, chapter 1.� The information contained in the working papers and audit files prepared pursuant to a specific examination or audit is not subject to disclosure, except to the county attorney and the attorney general in connection with an investigation or action taken in the course of their official duties.
11. Examine, settle and allow all accounts legally chargeable against the county, order warrants to be drawn on the county treasurer for that purpose and provide for issuing the warrants.
12. Levy such tax annually on the taxable property of the county as may be necessary to defray the general current expenses thereof, including salaries otherwise unprovided for, and levy such other taxes as are required to be levied by law.
13. Equalize assessments.
14. Direct and control the prosecution and defense of all actions to which the county is a party, and compromise them.
15. Insure the county buildings in the name of and for the benefit of the county.
16. Fill by appointment all vacancies occurring in county or precinct offices.
17. Adopt provisions necessary to preserve the health of the county, and provide for the expenses thereof.
18. With the approval of the department of health services, contract with any qualified person to provide all or part of the health services, funded through the department of health services with federal or state monies, that the board in its discretion extends to residents of the county.
19. Contract for county printing and advertising, and provide books and stationery for county officers.
20. Provide for rebinding county records, or, if necessary, the transcribing of county records.
21. Make and enforce necessary rules and regulations for the government of its body, the preservation of order and the transaction of business.
22. Adopt a seal for the board, a description and impression of which shall be filed by the clerk in the office of the county recorder and the secretary of state.
23. Establish, maintain and conduct or aid in establishing, maintaining and conducting public aviation fields, purchase, receive by donation or lease any property necessary for that purpose, lease, at a nominal rental if desired, sell such aviation fields or property to the United States or any department, or sell or lease such aviation fields to a city, exchange lands acquired pursuant to this section for other lands, or act in conjunction with the United States in maintaining, managing and conducting all such property. If any such property or part of that property is not needed for these purposes, it shall be sold by the board and the proceeds shall be paid into the general fund of the county.
24. Acquire and hold property for the use of county fairs, and conduct, take care of and manage them.
25. Authorize the sheriff to offer a reward, not exceeding ten thousand dollars in one case, for information leading to the arrest and conviction of persons charged with crime.
26. Contract for the transportation of insane persons to the state hospital or direct the sheriff to transport such persons. The county is responsible for such expense to the extent the expense is not covered by any third party payor.
27. Provide for the reasonable expenses of burial for deceased indigents as provided in section 36‑831 and maintain a permanent register of deceased indigents, including name, age and date of death, and when burial occurs, the board shall mark the grave with a permanent marker giving the name, age, and date of birth, if known.
28. Sell or grant to the United States the title or interest of the county in any toll road or toll train in or partly within a national park, on such terms as may be agreed on by the board and the secretary of the interior of the United States.
29. Enter into agreements for acquiring rights‑of‑way, construction, reconstruction or maintenance of highways in their respective counties, including highways that pass through Indian reservations, with the government of the United States, acting through its duly authorized officers or agents pursuant to any act of Congress, except that the governing body of any Indian tribe whose lands are affected must consent to the use of its land, and any such agreements entered into before June 26, 1952 are validated and confirmed.
30. Do and perform all other acts and things necessary to the full discharge of its duties as the legislative authority of the county government, including receiving and accepting payment of monies by credit card or debit card, or both.� Any fees or costs incurred by the use of the credit or debit card shall be paid by the person tendering payment unless the charging entity determines that the financial benefits of accepting credit cards or debit cards exceeds the additional processing fees.
31. Make and enforce all local, police, sanitary and other regulations not in conflict with general law.
32. Budget for funds for foster home care during the school week for children with intellectual disabilities and otherwise handicapped children who reside within the county and attend a school for the handicapped in a city or town within such county.
33. Do and perform all acts necessary to enable the county to participate in the economic opportunity act of 1964 (P.L. 88‑452; 78 Stat. 508), as amended.
34. Provide a plan or plans for its employees that provide tax deferred annuity and deferred compensation plans as authorized pursuant to title 26, United States Code.� Such plans shall allow voluntary participation by all employees of the county.� Participating employees shall authorize the board to make reductions in their remuneration as provided in an executed deferred compensation agreement.
35. Adopt and enforce standards for shielding and filtration of commercial or public outdoor portable or permanent light fixtures in proximity to astronomical or meteorological laboratories.
36. Subject to the prohibitions, restrictions and limitations as set forth in section 11‑812, adopt and enforce standards for excavation, landfill and grading to prevent unnecessary loss from erosion, flooding and landslides.
37. Make and enforce necessary ordinances for the operation and licensing of any establishment not in the limits of an incorporated city or town in which is carried on the business of providing baths, showers or other forms of hydrotherapy or any service of manual massage of the human body.
38. Provide pecuniary compensation as salary or wages for overtime work performed by county employees, including those employees covered by title 23, chapter 2, article 9.� In so providing, the board may establish salary and wage plans incorporating classifications and conditions prescribed by the federal fair labor standards act.
39. Establish, maintain and operate facilities that provide for physical evaluation, diagnosis and treatment of patients and that do not keep patients overnight as bed patients or treat patients under general anesthesia.
40. Enact ordinances under its police authority prescribing reasonable curfews in the entire unincorporated area or any area less than the entire unincorporated area of the county for minors and fines not to exceed the fine for a petty offense for violation of such ordinances. Nothing in this paragraph shall be construed to require a request from an association or a majority of the residents of an area before the board may enact an ordinance applicable to the entire or any portion of the unincorporated area. An ordinance enacted pursuant to this paragraph shall provide that a minor is not violating a curfew if the minor is accompanied by a parent, a guardian or an adult having supervisorial custody, is on an emergency errand or has been specifically directed to the location on reasonable, legitimate business or some other activity by the parent, guardian or adult having supervisorial custody.� If no curfew ordinance is applicable to a particular unincorporated area of the county, the board may adopt a curfew ordinance on the request or petition of either:
(a) A homeowners' association that represents a majority of the homeowners in the area covered by the association and to which the curfew would apply.
(b) A majority of the residents of the area to which the curfew would apply.
41. Lease or sublease personal property owned by the county to other political subdivisions of this state to be used for a public purpose.
42. In addition to the agreements authorized by section 11‑651, enter into long‑term agreements for the purchase of personal property, provided that the board may cancel any such agreement at the end of a fiscal year, at which time the seller may repossess the property and the agreement shall be deemed terminated.
43. Make and enforce necessary ordinances not in conflict with the laws of this state to regulate off‑road recreational motor vehicles that are operated within the county on public lands without lawful authority or on private lands without the consent of the lawful owner or that generate air pollution.� For the purposes of this paragraph, "off‑road recreational motor vehicle" means three and four wheel vehicles manufactured for recreational nonhighway all terrain travel.
44. Acquire land for roads, drainage ways and other public purposes by exchange without public auction, except that notice shall be published thirty days before the exchange, listing the property ownership and descriptions.
45. Purchase real property for public purposes, provided that final payment shall be made not later than five years after the date of purchase.
46. Lease‑purchase real property and improvements for real property for public purposes, provided that final payment shall be made not later than twenty‑five years after the date of purchase. Any increase in the final payment date from fifteen years up to the maximum of twenty‑five years shall be made only on unanimous approval by the board of supervisors.
47. Make and enforce ordinances for the protection and disposition of domestic animals subject to inhumane, unhealthful or dangerous conditions or circumstances provided that nothing in this paragraph limits or restricts the authority granted to incorporated cities and towns or counties pursuant to section 13‑2910.� An ordinance enacted pursuant to this paragraph shall not restrict or limit the authority of the game and fish commission to regulate the taking of wildlife. For the purposes of this paragraph, "domestic animal" means an animal kept as a pet and not primarily for economic purposes.
48. If a part of a parcel of land is to be taken for roads, drainage, flood control or other public purposes and the board and the affected property owner determine that the remainder will be left in such a condition as to give rise to a claim or litigation concerning severance or other damage, acquire the whole parcel by purchase, donation, dedication, exchange, condemnation or other lawful means, and the remainder may be sold or exchanged for other properties needed for any public purpose.
49. Make and enforce necessary rules providing for the reimbursement of travel and subsistence expenses of members of county boards, commissions and advisory committees when acting in the performance of their duties, if the board, commission or advisory committee is authorized or required by federal or state law or county ordinance, and the members serve without compensation.
50. Provide a plan or plans for county employee benefits that allow for participation in a cafeteria plan that meets the requirements of the United States internal revenue code of 1986.
51. Provide for fringe benefits for county employees, including sick leave, personal leave, vacation and holiday pay and jury duty pay.
52. Make and enforce ordinances that are more restrictive than state requirements to reduce or encourage the reduction of carbon monoxide and ozone levels, provided an ordinance does not establish a standard for vehicular emissions, including ordinances to reduce or encourage the reduction of the commuter use of motor vehicles by employees of the county and employees whose place of employment is in unincorporated areas of the county.
53. Make and enforce ordinances to provide for the reimbursement of up to one hundred per cent of the cost to county employees of public bus or van pool transportation to and from their place of employment.
54. Lease for public purposes any real property, improvements for real property and personal property under the same terms and conditions, to the extent applicable, as are specified in sections 11‑651 and 11‑653 for lease‑purchases.
55. Enact ordinances prescribing regulation of alarm systems and providing for civil penalties to reduce the incidence of false alarms at business and residential structures relating to burglary, robbery, fire and other emergencies not within the limits of an incorporated city or town.
56. In addition to paragraph 9 of this section, and notwithstanding section 23‑504, sell or dispose of, at no less than fair market value, county personal property that the board deems no longer useful or necessary through a retail outlet or to another government entity if the personal property has a fair market value of no more than one thousand dollars, or by retail sale or private bid, if the personal property has a fair market value of no more than fifteen thousand dollars. Notice of sales in excess of one thousand dollars shall include a description and sale price of each item and shall be published in a newspaper of general circulation in the county, and for thirty days after notice other bids may be submitted that exceed the sale price by at least five per cent.� The county shall select the highest bid received at the end of the thirty day period.
57. Sell services, souvenirs, sundry items or informational publications that are uniquely prepared for use by the public and by employees and license and sell information systems and intellectual property developed from county resources that the county is not obligated to provide as a public record.
58. On unanimous consent of the board of supervisors, license, lease or sell any county property pursuant to paragraphs 56 and 57 of this section at less than fair market value to any other governmental entity, including this state, cities, towns, public improvement districts or other counties within or outside of this state, or for a specific purpose to any charitable, social or benevolent nonprofit organization incorporated or operating in this state.
59. On unanimous consent of the board of supervisors, provide technical assistance and related services to a fire district pursuant to an intergovernmental agreement.
60. Adopt contracting procedures for the operation of a county health system pursuant to section 11‑291. Before the adoption of contracting procedures the board shall hold a public hearing. The board shall publish one notification in a newspaper of general circulation in the county seat at least fifteen days before the hearing.
61. Enter into an intergovernmental agreement pursuant to chapter 7, article 3 of this title for a city or town to provide emergency fire or emergency medical services pursuant to section 9‑500.23 to a county island as defined in section 11‑251.12.� The board may charge the owners of record in the county island a fee to cover the cost of an intergovernmental agreement that provides fire and emergency medical services.
62. In counties that employ or have designated an animal control county enforcement agent pursuant to section 11‑1005, enter into agreements with foundations or charitable organizations to solicit donations, property or services, excluding enforcement or inspection services, for use by the county enforcement agent solely to perform nonmandated services and to fund capital improvements for county animal control, subject to annual financial and performance audits by an independent party as designated by the county board of supervisors.� For the purposes of this paragraph, nonmandated services are limited to low cost spay and neuter services, public education and outreach efforts, pet adoption efforts, care for pets that are victims of cruelty or neglect and support for volunteer programs.
63. Adopt and provide for the enforcement of ordinances prohibiting open fires and campfires on designated lands in the unincorporated areas of the county when a determination of emergency is issued by the county emergency management officer and the board deems it necessary to protect public health and safety on those lands.
64. Fix the amount of license fees to be paid by any person, firm, corporation or association for carrying on any game or amusement business in unincorporated areas of the county and prescribe the method of collection or payment of those fees, for a stated period in advance, and fix penalties for failure to comply by fine.� Nothing in this article shall be construed as authorizing any county to require an occupational license or fee for any activity if state law precludes requiring such a license or fee.
65. Adopt and enforce ordinances for the prevention, abatement and removal of graffiti, providing that any restrictions on the retail display of potential graffiti tools be limited to any of the following, as determined by the retail business:
(a) In a place that is in the line of sight of a cashier or in the line of sight from a work station normally continuously occupied during business hours.
(b) In a manner that makes the product accessible to a patron of the business establishment only with the assistance of an employee of the establishment.
(c) In an area electronically protected, or viewed by surveillance equipment that is monitored, during business hours.
66. Adopt ordinances and fees related to the implementation of a local stormwater quality program pursuant to title 49, chapter 2, article 11.
67. Adopt resolutions under its police authority to protect public health and safety declaring all or part of the unincorporated area of the county to be a disaster recovery area.� This paragraph does not require a request from an association or a majority of the residents of an area before adopting the resolution.� The board may adopt the resolution on the request or petition of either:
(a) A homeowners' association that represents a majority of the homeowners in the area covered by the association and to which the resolution would apply.
(b) A majority of the residents of the area to which the resolution would apply.
Sec. 2. Section 26-301, Arizona Revised Statutes, is amended to read:
26-301. Definitions
In this chapter, unless the context otherwise requires:
1. "Commercial nuclear generating station" means an electric power generating facility which is owned by a public service corporation, a municipal corporation or a consortium of public service corporations or municipal corporations and which produces electricity by means of a nuclear reactor.
2. "Council" means the state emergency council.
3. "Director" means the director of the division.
4. "Disaster recovery" means the recovery and mitigation activities necessary to recover from disasters after an initial emergency response, within the state caused by air pollution, fire, flood or floodwater, storm, epidemic, riot, earthquake, mining or industrial accident or other causes, except those resulting in a state of war emergency, that are beyond the control of the services, personnel, equipment and facilities of a single county, city or town and that require the combined efforts of the state and the political subdivision.
4. 5. "Division" means the division of emergency management within the department of emergency and military affairs.
5. 6. "Emergency functions" includes warning and communications services, relocation of persons from stricken areas, radiological defense, temporary restoration of utilities, plant protection, transportation, welfare, public works and engineering, search or rescue, health and medical services, law enforcement, fire fighting, mass care, resource support, urban search or rescue, hazardous materials, food and energy information and planning and other activities necessary or incidental thereto.
6. 7. "Emergency management" means the preparedness, response, recovery and mitigation activities necessary to respond to and recover from disasters, emergencies or contingencies.
7. 8. "Emergency worker" means any person who is registered, whether a temporary or permanent worker, a paid or volunteer worker, with a local or state emergency management organization and certified by the local or state emergency management organization for the purpose of engaging in authorized emergency management activities or performing emergency functions, or who is an officer, agent or employee of this state or a political subdivision of this state and who is called on to perform or support emergency management activities or perform emergency functions.
8. 9. "Hazardous materials" means:
(a) Any hazardous material designated pursuant to the hazardous materials transportation act of 1974 (P.L. 93‑633; 88 Stat. 2156; 49 United States Code section 1801).
(b) Any element, compound, mixture, solution or substance designated pursuant to the comprehensive environmental response, compensation, and liability act of 1980 (P.L. 96‑510; 94 Stat. 2767; 42 United States Code section 9602).
(c) Any substance designated in the emergency planning and community right‑to‑know act of 1986 (P.L. 99‑499; 100 Stat. 1613; 42 United States Code section 11002).
(d) Any substance designated in the water pollution control act (P.L. 92‑500; 86 Stat. 816; 33 United States Code sections 1317(a) and 1321(b)(2)(A)).
(e) Any hazardous waste having the characteristics identified under or listed pursuant to section 49‑922.
(f) Any imminently hazardous chemical substance or mixture with respect to which action has been taken pursuant to the toxic substances control act (P.L. 94‑469; 90 Stat. 2003; 15 United States Code section 2606).
(g) Any material or substance determined to be radioactive pursuant to the atomic energy act of 1954 (68 Stat. 919; 42 United States Code section 2011).
(h) Any substance designated as a hazardous substance pursuant to section 49‑201.
(i) Any highly hazardous chemical or regulated substance as listed in the clean air act of 1963 (P.L. 88‑206; 42 United States Code sections 7401 through 7671).
9. 10. "Hazardous materials incident" means the uncontrolled, unpermitted release or potential release of hazardous materials that may present an imminent and substantial danger to the public health or welfare or to the environment.
10. 11. "Local emergency" means the existence of conditions of disaster or of extreme peril to the safety of persons or property within the territorial limits of a county, city or town, which conditions are or are likely to be beyond the control of the services, personnel, equipment and facilities of such political subdivision as determined by its governing body and which require the combined efforts of other political subdivisions.
11. 12. "Mitigation" means measures taken to reduce the need to respond to a disaster and to reduce the cost of disaster response and recovery.
12. 13. "Preparedness" means actions taken to develop the response capabilities needed for an emergency.
13. 14. "Recovery" means short‑term activities necessary to return vital systems and facilities to minimum operating standards and long‑term activities required to return life to normal or improved levels.
14. 15. "Response" means activities that are designed to provide emergency assistance, limit the primary effects, reduce the probability of secondary damage and speed recovery operations.
15. 16. "State of emergency" means the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons or property within the state caused by air pollution, fire, flood or floodwater, storm, epidemic, riot, earthquake or other causes, except those resulting in a state of war emergency, which are or are likely to be beyond the control of the services, personnel, equipment and facilities of any single county, city or town, and which require the combined efforts of the state and the political subdivision.
16. 17. "State of war emergency" means the condition which exists immediately whenever this nation is attacked or upon receipt by this state of a warning from the federal government indicating that such an attack is imminent. END_STATUTE
Sec. 3. Section 26-303, Arizona Revised Statutes, is amended to read:
26-303. Emergency powers of governor; termination; authorization for adjutant general; limitation
A. During a state of war emergency, the governor may:
1. Suspend the provisions of any statute prescribing the procedure for conduct of state business, or the orders or rules of any state agency, if the governor determines and declares that strict compliance with the provisions of any such statute, order or rule would in any way prevent, hinder or delay mitigation of the effects of the emergency.
2. Commandeer and utilize any property, except for firearms or ammunition or firearms or ammunition components, or personnel deemed necessary in carrying out the responsibilities vested in the office of the governor by this chapter as chief executive of the state and thereafter the state shall pay reasonable compensation therefor as follows:
(a) If property is taken for temporary use, the governor, within ten days after the taking, shall determine the amount of compensation to be paid therefor. If the property is returned in a damaged condition, the governor, within ten days after its return, shall determine the amount of compensation to be paid for such damage.
(b) If the governor deems it necessary for the state to take title to property under this section, the governor shall then cause the owner of the property to be notified thereof in writing by registered mail, postage prepaid, and then cause a copy of the notice to be filed with the secretary of state.
(c) If the owner refuses to accept the amount of compensation fixed by the governor for the property referred to in subdivisions (a) and (b), the amount of compensation shall be determined by appropriate proceedings in the superior court in the county where the property was originally taken.
B. During a state of war emergency, the governor shall have complete authority over all agencies of the state government and shall exercise all police power vested in this state by the constitution and laws of this state in order to effectuate the purposes of this chapter.
C. The powers granted the governor by this chapter with respect to a state of war emergency shall terminate if the legislature is not in session and the governor, within twenty‑four hours after the beginning of such state of war emergency, has not issued a call for an immediate special session of the legislature for the purpose of legislating on subjects relating to such state of war emergency.
D. The governor may proclaim a state of emergency which shall take effect immediately in an area affected or likely to be affected if the governor finds that circumstances described in section 26‑301, paragraph 15 16 exist.
E. During a state of emergency:
1. The governor shall have complete authority over all agencies of the state government and the right to exercise, within the area designated, all police power vested in the state by the constitution and laws of this state in order to effectuate the purposes of this chapter.
2. The governor may direct all agencies of the state government to utilize and employ state personnel, equipment and facilities for the performance of any and all activities designed to prevent or alleviate actual and threatened damage due to the emergency.� The governor may direct such agencies to provide supplemental services and equipment to political subdivisions to restore any services in order to provide for the health and safety of the citizens of the affected area.
F. The powers granted the governor by this chapter with respect to a state of emergency shall terminate when the state of emergency has been terminated by proclamation of the governor or by concurrent resolution of the legislature declaring it at an end.
G. No provision of this chapter may limit, modify or abridge the powers vested in the governor under the constitution or statutes of this state.
H. If authorized by the governor, the adjutant general has the powers prescribed in this subsection.� If, in the judgment of the adjutant general, circumstances described in section 26‑301, paragraph 15 exist, the adjutant general may:
1. Exercise those powers pursuant to statute and gubernatorial authorization following the proclamation of a state of emergency under subsection D of this section.
2. Incur obligations of twenty thousand dollars or less for each emergency or contingency payable pursuant to section 35‑192 as though a state of emergency had been proclaimed under subsection D of this section.
I. The powers exercised by the adjutant general pursuant to subsection H of this section expire seventy‑two hours after the adjutant general makes a determination under subsection H of this section.
J. Pursuant to the second amendment of the United States Constitution and article II, section 26, Constitution of Arizona, and notwithstanding any other law, the emergency powers of the governor, the adjutant general or any other official or person shall not be construed to allow the imposition of additional restrictions on the lawful possession, transfer, sale, transportation, carrying, storage, display or use of firearms or ammunition or firearms or ammunition components.
K. Nothing in this section shall be construed to prohibit the governor, the adjutant general or other officials responding to an emergency from ordering the reasonable movement of stores of ammunition out of the way of dangerous conditions.
Sec. 4. Section 26-305, Arizona Revised Statutes, is amended to read:
26-305. Division of emergency management; duties; director; term; qualifications; compensation; emergency management training fund; disaster recovery area fund
A. There is established in the department of emergency and military affairs the division of emergency management, which is administered by the department under the authority of the adjutant general, subject to powers vested in the governor as provided by law.
B. The division shall prepare for and coordinate those emergency management activities that may be required to reduce the impact of disaster on persons or property.
C. Through the powers vested in the governor, the division shall coordinate the cooperative effort of all governmental agencies including the federal government, this state and its political subdivisions to alleviate suffering and loss resulting from disaster.
D. The adjutant general shall appoint the director who serves at the pleasure of the adjutant general.� The adjutant general shall select the director on the basis of demonstrated ability in governmental functions or business administration and general knowledge of contingency planning and disaster preparedness.
E. The director is eligible to receive compensation pursuant to section 38‑611.
F. Employees other than the director are employees as defined by section 41‑762.
G. The emergency management training fund is established consisting of monies received from fees collected by the division for coordinating symposiums, training conferences and seminars relating to its powers and duties. The director of the division shall deposit all fees collected for these activities in the fund, which shall be used only for expenses of the activities. All monies collected from each event that are in excess of the expenses of the event shall revert to the state general be transferred to the disaster recovery area fund by the end of the fiscal year.
H. The disaster recovery area fund is established consisting of monies received from transfers pursuant to subsection G of this section, donations made by private individuals and appropriations from the State legislature.� The director of emergency management shall administer the fund.� On notice from the director, the state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be deposited in the fund.� the monies in the fund are continuously appropriated for disaster recovery areas according to procedures adopted by the state emergency council.
Sec. 5. Section 26-306, Arizona Revised Statutes, is amended to read:
26-306. Powers and duties of the director of emergency management
A. The director shall, subject to the approval of the adjutant general:
1. Be the administrative head of the division.
2. Be the state director for emergency management.
3. Be the state director for disaster recovery.
3. 4. Make rules necessary for the operation of the division.
4. 5. Develop and test plans for meeting any condition constituting a state of emergency or state of war emergency, except those emergency plans specifically assigned by the governor to other state agencies. Such plans shall provide for the effective mobilization and management of personnel and equipment of the state.
5. 6. During a state of war emergency, coordinate the emergency activities of all state agencies except the national guard.
6. 7. During a state of emergency or a local emergency, coordinate the emergency activities of all state agencies and the national guard.
7. 8. Coordinate the use of state personnel, equipment, services and facilities, including communication services, if requested by political subdivisions in support of emergency management activities.
8. 9. Coordinate the use of personnel, equipment, services and facilities, including communication services, of one or more political subdivisions in support of any other political subdivision in meeting emergency needs, including search or rescue operations, on the request of the using political subdivision.
9. 10. Develop, test and maintain a plan pursuant to section 26‑305.01 for response by agencies of this state and its political subdivisions to an accident at a commercial nuclear generating station.
10. 11. Every two years submit a recommendation to the legislature in connection with the assessment prescribed by section 26‑306.01 with supporting documentation and information.
11. 12. Collaborate with the state forester in presentations to legislative committees on issues associated with forest management, wildfire prevention and suppression and wildfire emergency response and management as provided by section 37‑622, subsection B.
12. 13. Develop, implement and maintain a state hazardous materials emergency response and recovery plan as part of the hazardous materials emergency management program pursuant to section 26‑305.02.
13. 14. Coordinate the development, implementation and maintenance of standardized curricula for hazardous materials training and education.
B. The director may, subject to the approval of the adjutant general:
1. Propose, develop, negotiate and consummate contractual arrangements with the federal government, state agencies and political subdivisions for technical, administrative and financial support from the federal, state and local government in connection with the emergency management activities of the state.
2. Represent the state at conferences in the development and promotion of the emergency management capability of the state.
3. Establish a disaster prevention council to plan for disaster prevention. The council shall consist of the members of the state emergency council and other members as determined by the director. The disaster prevention council shall coordinate the disaster prevention expertise of representatives of federal, state and local business and industry and promote partnerships to substantially reduce property loss from natural and technological disasters.
Sec. 6. Section 26-308, Arizona Revised Statutes, is amended to read:
26-308. Powers of local government; local emergency management establishment; organization
A. Each county and incorporated city and town of the state may appropriate and expend funds monies, make contracts and obtain and distribute equipment, materials and supplies for emergency management and disaster recovery purposes.
B. Each county and incorporated city and town of the state shall establish and provide for emergency management and disaster recovery within its jurisdiction in accordance with state emergency plans and programs. Each unincorporated community may establish such emergency management and disaster recovery programs.
C. The chief executive officer or governing body of each county, incorporated city or incorporated town may appoint a director who shall be responsible for the organization, administration and operation of local emergency management and disaster recovery programs, subject to the direction and control of such executive officer or governing body.
D. State emergency and disaster recovery plans shall be in effect in each such political subdivision of the state. The governing body of each such political subdivision shall take such action as is necessary to carry out the provisions thereof of the plans, including the development of additional emergency and disaster recovery plans for the political subdivision in support of the state emergency and disaster recovery plans.
E. Each county's emergency management organization shall:
1. Maintain a list of public and private organizations within the county which that have personnel trained and available for assisting in meeting emergency and disaster recovery needs.
2. Maintain an inventory of facilities, equipment, supplies and other resources within the county available for use in meeting emergency needs.
3. Provide a summary of the information required in paragraphs 1 and 2 to the state director of emergency management.
Sec. 7. Section 35-192, Arizona Revised Statutes, is amended to read:
35-192. Authorization for declaration of disaster; authorization for liabilities and expenses; priorities and limitations; review and report of expenditures
A. The governor may declare an emergency arising from such major disasters as provided in this section and incur liabilities therefor, regardless of whether or not the legislature is in session.
B. When the governor, or the director of the division of emergency management in the department of emergency and military affairs pursuant to section 26‑303, subsection H, determines that a contingency or disaster so justifies, and declares an emergency, specific liabilities and expenses provided for in this section are authorized to be incurred against and to be paid as claims against the state from unrestricted monies from the general fund to mitigate and meet contingencies and emergencies arising from:
1. Invasions, hostile attacks, riots or insurrections.
2. Epidemics of disease or plagues of insects.
3. Floods or floodwaters.
4. Acts of God or any major disaster.
5. Wild land Wildland fires, but only after all necessary authorizations under section 37‑623.02 are exhausted.
6. Industrial and mining accidents.
C. When authorized by the governor, specific liabilities and expenses provided for in this section may be incurred against and may be paid as claims against the state from unrestricted monies from the general fund to meet contingencies and emergencies arising from incidents relating to hazardous materials as defined in section 26‑301 and search or rescue operations conducted pursuant to section 11‑251.02, section 11‑441, subsection C or section 26‑306 subject to the limitations provided in section 35‑192.01.
D. Liabilities and expenses authorized under the provisions of subsection B of this section may be incurred for any of the emergencies or contingencies prescribed in subsection B of this section in the following order of priority:
1. Reimbursement for expenses incurred to combat a menace to the health, lives or property of any considerable number of persons of the state, or to property of the state or its political subdivisions.
2. Reimbursement for expenses incurred to repair damage to any property of the state.
3. Reimbursement for expenses incurred to repair damage to any property of the political subdivisions of the state.
4. Reimbursement for expenses incurred in search or rescue operations.
5. Reimbursement for expenses incurred in emergency or disaster recovery activities or in matching federal disaster recovery programs.
6. Reimbursement for expenses for property loss mitigation measures or to match federal property loss mitigation programs.
E. The auditor of the department of emergency and military affairs shall review liabilities incurred and expenditures made under this section and report to the state emergency council at ninety day intervals during the emergency and conduct a final review of each emergency within ninety days after the termination of the emergency. The state emergency council shall make a written report not later than August 1 of each year to the legislature of the actions of the state emergency council during the preceding fiscal year including an itemized statement of expenditures for each emergency during the year.
F. All liabilities incurred under the provisions of this section shall be subject to the following limitations:
1. No liability shall be incurred against the monies authorized without the approval of the governor, or the adjutant general pursuant to section 26‑303, subsection H, for each contingency or emergency.
2. Incurring of liabilities in excess of two hundred thousand dollars in any single disaster or emergency shall not be made without consent of a majority of the members of the state emergency council.
3. The aggregate amount of all liabilities incurred under the provisions of this section shall not exceed four million dollars for any fiscal year beginning July 1 through June 30. Monies authorized for disasters and emergencies in prior fiscal years may be used in subsequent fiscal years only for the disaster or emergency for which they were authorized. Monies authorized for disasters and emergencies in prior fiscal years, and expended in subsequent fiscal years for the disaster or emergency for which they were authorized, apply toward the four million dollar liability limit for the fiscal year in which they were authorized.
4. An obligation of monies under the provisions of this section may be made only when one or more of the following conditions exist:
(a) No appropriation or other authorization is available to meet the contingency or emergency.
(b) An appropriation is insufficient to meet the contingency or emergency.
(c) Federal monies available for such contingency or emergency require the use of state or other public monies.
G. The director of the division of emergency management in the department of emergency and military affairs shall develop rules for administering the monies authorized for liabilities under this section, subject to approval by the governor.
