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  3. DUT-AZ-001

Ex. DUT-AZ-001 Standing duty Primary source read

Statute

Public health authority during state of emergency or state of war emergency; notices; appeals

Arizona Legislature (Arizona Revised Statutes, title 36, ch. 6, art. 9) · Arizona (State)

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The record

Jurisdiction
Arizona
Level
State
Authority
Ariz. Const. art. IV, pt. 1, sec. 1 (legislative power); the police power of the State
Issued
2021-09-29 Sept. 29, 2021
Effective
in force throughout 2020 Q2 to 2021 Q3 (subsections A to F) (read as 2021-09-29)
End
standing (read as 2021-09-30)
In force
Standing since Sept. 29, 2021 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Emergency declarationQuarantine and isolationStanding duty
Addressees
  • the Department of Health Services; the Governor; law enforcement officials and the National Guard; every person subject to the Governor's public-health orders
Character
statutory duty
Collection
Standing duties: Arizona DUT-AZ

Operative words

During a state of emergency... proclaimed by the governor... the department shall coordinate all matters pertaining to the public health emergency response of the state.... Law enforcement officials of this state and the national guard shall enforce orders issued by the governor under this section.

Penalty

Enforcement by law enforcement and the National Guard (subsec. D); knowing failure to obey a lawful order issued under title 26, ch. 2 is a class 1 misdemeanor (A.R.S. § 26-317, Ex. DUT-AZ-007)

What it required

Vested the Department of Health Services with primary jurisdiction over the public-health emergency response, authorized the Governor in consultation with the ADHS Director to issue public-health orders, and commanded law enforcement to enforce them.

Retrieval note

Recited with A.R.S. 26-303 as the authority for the Declaration of Emergency (Ex. AZ-001) and for every Arizona executive order in the library (e.g., Exs. AZ-010, AZ-019, AZ-020, AZ-022, AZ-036, AZ-037); EO 2020-40 recites subsection A verbatim (Ex. AZ-020, recitals). Subsections H to J (2021) bar permanent revocation of a business license for non-compliance absent clear and convincing proof of wilful misconduct or gross negligence and require notices before suspension; the enactment of that limit confirms that license suspension was the operative enforcement mechanism of the 2020 orders (EO 2020-43 para. 7, Ex. AZ-022). File date 2021-09-29 is the general effective date of the 2021 regular-session laws cited in the azleg.gov header; the status of Laws 2021, ch. 405 (SB 1819) after Arizona School Boards Ass'n v. State (Ariz. 2022) should be checked before any reliance on subsections H to J; nothing in this record relies on them.