Roberts seeks end to Ducey’s COVID-19 emergency declaration

State Rep. Bret Roberts, LD-11, introduced legislation Monday calling for an end to the State Emergency Declaration issued in March by Gov. Doug Ducey.

Some parts of the emergency declaration, including the stay at home order, have expired, but others remain in effect, including restrictions on the operations of some businesses, such as reduced capacity for restaurants.

“I recognize that the COVID-19 pandemic has been an unprecedented situation in Arizona’s history, but the power to act unilaterally and infringe upon the freedom and liberty of Arizonans must have legislative oversight and review,” said Roberts, who represents Maricopa, in a news release. “Now that the Legislature is back in session, it is incumbent upon us to work in collaboration with the Governor to find legislative solutions for the issues brought about by the pandemic. It’s time to stop relying upon emergency power to address these issues.”

The resolution – and a mirror version introduced in the state Senate by Sen. Michelle Ugenti-Rita, R-23 (Scottsdale) – declares isolation or quarantine during a state of emergency is allowable only if it “is the least restrictive means by which the public can be protected from transmission of the disease, due to the nature if the disease and available preventive measures, or refusal by an individual to accept less restrictive measures to prevent disease transmission.”

“Arizonans are personally responsible and have exceeded expectations in slowing community spread through their own individual behaviors and actions,” the resolution continues, “accepting personal restrictions as a civic duty to present disease transmission.”

Ducey issued the emergency declaration on March 11 to “provide health officials and administrators with tools and guidance necessary to combat the continued spread of COVID-19 and to reduce financial burdens on Arizonans by lowering health care costs associated with the virus.”

The declaration established the Arizona Department of Health Services (ADHS) as the entity responsible for coordinating all matters pertaining to the public health emergency response of the state.

It also allowed ADHS to waive licensing requirements to assist healthcare officials in delivering services during times of high demand and provided the state with emergency procurement authority to procure necessary goods and services to protect public health.

Roberts said he was prepared to lead the House in efforts to end the emergency declaration.

“I am happy to help lead the House in expediting the process and support the termination of the emergency declaration because I feel that this is the most important resolution that we could vote on this session, and I am excited to be working with members in the House and Senate who share this view,” added Roberts, who was re-elected to his second term in November.

Roberts introduced the resolution on the first day of the 2021 legislative session.