A.R.S. tit. 38 ch. 2.1 — Arizona Revised Statutes Title 38 Chapter 2.1 — Continuity Of State And Local Government

38-381. Declaration of policy The legislature declares: 1. That recent technological developments make possible an enemy attack of unprecedented destructiveness, which may result in the death or inability to act of a large proportion of the elected officials of the government of the state and the political subdivisions thereof. 2. That to conform, in time of attack, to existing legal requirements as to filling of vacancies would be impractical, would admit of undue delay, and would jeopardize continuity of civil government. 3. That it is, therefore, necessary to adopt special provisions as provided in this article for continuity of all echelons of civil government in the state of Arizona. 38-382. Definitions In this article, unless the context otherwise requires: 1. "Attack" means any action or series of actions taken by an enemy of the United States resulting in substantial damage or injury to persons or property in this state whether through sabotage, bombs, missiles, shellfire or atomic, radiological, chemical, bacteriological, biological or other means. 2. "Legislating body" means any branch of government of this state or of any political subdivision of this state which has the constitutional authority to enact laws, resolutions or ordinances. 3. "Political subdivision" means a county, city or town. 38-383. Unavailability of governor; appointment of temporary successor In the event of an attack after which the duly elected governor or his successors designated by the Constitution of Arizona are unavailable to serve due to death or for other reasons, the state legislature in emergency session shall designate a temporary governor who shall serve until such time as conditions permit compliance with constitutional mandates for filling the vacancy. Such designee shall be of the same political party as the duly elected governor and he is authorized to exercise full powers and duties of the office during his temporary appointment. 38-384. Unavailability of other elected officers of the state or political subdivisions; appointment of temporary successor In the event of an attack after which any duly elected officer of the state or of any political subdivision thereof, or his legal successor, if any, are unavailable to serve due to death or for other reasons, the legislating body of the state or the respective political subdivision in emergency session shall designate a temporary successor if required to maintain continuity of its civil government. Such temporary successor shall serve until such time as conditions permit compliance with constitutional mandates for filling vacancies. Such designee shall be of the same political party as the duly elected official and he is authorized to exercise full powers and duties of the office during his temporary appointment. 38-385. Convening legislating bodies in event of an attack A. In the event of an attack, the governor shall call the state legislature into emergency session as soon as practicable, and in any case within fifteen days following the inception of the attack. If the governor fails to issue such call, the legislature shall, on the fifteenth day from the inception of the attack, automatically convene at the state capitol or at an alternate site if conditions are such that the regularly designated state capitol is uninhabitable. B. In the event of an attack, the mayor of each city and town and the chairman of the county board of supervisors of each county shall call their respective legislating bodies into emergency session as soon as practicable and in any case within fifteen days following the inception of the attack. If a mayor or chairman of any county board fails to issue such call, the legislating body shall, on the fifteenth day from the date of the inception of the attack, automatically convene at the seat of government or at an alternate site if conditions are such that the regularly designated seat is uninhabitable. C. At any such session or at any session in operation at the state or local level at the inception of an attack, there shall be no limitations on the length of such session nor on the subjects which may be acted upon. 38-386. Quorum and vote requirements of state and local legislating bodies A. In the event of an attack, the quorum requirement for the legislating body of the state and any county, city or town shall be a majority of the members of each body who convene for the session. Where the affirmative vote of a specified proportion of the members of the legislating body would otherwise be required for approval of a bill, resolution, ordinance or for any other action, the same proportion of those members of the legislating body convening at the session shall be sufficient. B. Any bill, resolution, ordinance or any other action taken by any such legislating body under suspension of the constitutional quorum and vote requirements shall be ratified by the body with a regularly constituted quorum present if it is to have the effect of law after the duration of the emergency for which it was enacted.