Bill Text: AZ SB1081 | 2012 | Fiftieth Legislature 2nd Regular | Introduced
Bill Title: Declaration of emergency; county authority
Spectrum: Partisan Bill (Republican 9-0)
Status: (Introduced - Dead) 2012-01-26 - Referred to Senate RULES Committee [SB1081 Detail]
Download: Arizona-2012-SB1081-Introduced.html
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REFERENCE TITLE: declaration of emergency; county authority |
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State of Arizona Senate Fiftieth Legislature Second Regular Session 2012
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SB 1081 |
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Introduced by Senators Allen, Griffin; Representative Gowan: Senators Klein, Melvin, Murphy; Representatives Barton, Crandell, Proud
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AN ACT
Amending title 11, chapter 2, article 4, Arizona Revised Statutes, by adding section 11-251.16; repealing title 11, chapter 3, article 10, Arizona Revised Statutes; amending section 41-1823, Arizona Revised Statutes; relating to wildfire disasters.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Legislative findings
The legislature finds that:
1. Numerous citizens and government officials in this state have repeatedly, collectively and individually petitioned the United States forest service, personally, by correspondence and by telephone, to request the forest service to take appropriate action to remove or eliminate the conditions that have:
(a) Created a state of emergency in and adjacent to the national forests in this state.
(b) Caused a present risk to the lives and property of citizens of this state.
2. All petitions for all practical purposes have been either ignored or discounted by the United States forest service resulting in what can only be characterized as inaction on the part of the forest service to appropriately reduce, if not remove, the risk to the lives and property of the citizens of this state.
3. Due to the failure of the United States forest service to exercise its responsibility as a sovereign to protect the lives and property of the citizens of this state, and because it is a fundamental principle of any just society that the persistent failure of a sovereign to fulfill its sovereign obligations constitutes grounds for the forfeiture of jurisdictional supremacy, the legislature of the State of Arizona declares the existence of such a forfeiture.
4. Under a forfeiture of jurisdictional supremacy, a jurisdictional vacuum exists that requires that the State of Arizona acknowledge its own sovereign obligations and authority to protect the lives and property of its citizens and to authorize any action necessary to fill the vacuum created by the federal government by assuming jurisdiction to reduce to acceptable levels or remove the threat of catastrophic wildfires posed by current conditions in the national forests in this state.
Sec. 2. Title 11, chapter 2, article 4, Arizona Revised Statutes, is amended by adding section 11-251.16, to read:
11-251.16. Declaration of emergency; threat of catastrophic wildfire
A. The legislature declares that:
1. Emergency conditions exist within those areas of the national forests in this state that suffered severe wildfire damage as determined by a county board of supervisors where large amounts of forest undergrowth and excessive trees per acre create the potential for catastrophic wildfires in the future.
2. The emergency is of such magnitude that the police power of this state should be exercised to the extent necessary to provide the resources and services that will end the emergency and mitigate its effects.
B. After consulting with the state forester and the regional United States forester, taking surveys, holding necessary public hearings and developing a plan to mitigate the effects of the emergency, the board of supervisors may:
1. Take necessary actions to log thin trees and clear undergrowth and remove or harvest fire-damaged trees within the area of the emergency.
2. Contract with contractors, licensees, permittees or other agents to carry out the purposes of this subsection. The board must ensure the competency and responsibility of persons contracting under this section, including registration or other accreditation with trade and professional organizations and compliance with best management and operational practices used by government agencies in awarding forestry contracts.
Sec. 3. Repeal
Title 11, chapter 3, article 10, Arizona Revised Statutes, is repealed.
Sec. 4. Section 41-1823, Arizona Revised Statutes, is amended to read:
41-1823. Adoption of minimum qualifications; certification required
A. No minimum qualifications for law enforcement officers adopted pursuant to this article shall be effective until six months after they have been filed with the secretary of state pursuant to section 41‑1031.
B. Except for agency heads duly elected as required by the constitution and persons given the authority of a peace officer pursuant to section 8‑205, 11‑572, 12‑253, 13‑916 or 22-131, no person may exercise the authority or perform the duties of a peace officer unless he is certified by the board pursuant to section 41‑1822, subsection A, paragraph 3.
Sec. 5. Emergency
This act is an emergency measure that is necessary to preserve the public peace, health or safety and is operative immediately as provided by law.
