Legislature Sues Governor

Arizona Legislature
1700 West Washington, Phoenix,
Arizona 85007-2844

Senate President Ken Bennett (R-1)
602-926-5584
House Speaker Jim Weiers (R-10)
602-926-4173

News Release
March 22, 2006
FOR IMMEDIATE RELEASE

Legislature sues governor for illegal line-item veto

(State Capitol, Phoenix) – The Legislature today filed suit against Gov. Janet Napolitano, challenging her unconstitutional line-item veto of a portion of the employee pay package.

The suit, filed with the Arizona Supreme Court, charges Napolitano illegally used her line-item veto authority to strike an important reform rather than an item of appropriation.

“In her zeal to get whatever she wants, Gov. Janet Napolitano smashed the bounds of legality with her line-item veto,” House Speaker Jim Weiers said. “The Legislature will defend the constitution and I look forward to having our day in court.”

President Ken Bennett said, “For someone who once was the state’s chief legal officer, the governor displays a stunning disregard for the clear legal boundaries of her authority.”

The lawsuit asks the Supreme Court to set aside her line-item veto and restore the provision that exempts employees above pay grade 24 from state personnel rules.

“This matter is of singular import because it goes to the heart of Arizona’s constitutional framework for enacting laws,” the lawsuit states.

Last month, both the House and Senate gave the Speaker and President, respectively, the authority to sue Governor Napolitano on this blatantly improper use of the powers granted to her office under Arizona’s constitution.

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For further information contact:
Nick Simonetta, Communications and Policy Advisor to the Majority
Arizona State Senate
Office: (602) 926-5418, e-mail: nsimonetta@azleg.gov
OR
Barrett Marson, Director of Communications
Arizona House of Representatives
Office: (602) 926-3233, e-mail: bmarson@azleg.gov

Pro-family, Pro-life issues!

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Legislative Briefing

Legislative Briefing

Capitol Media Services * Arizona Daily Star * March 22, 2006

English learners

State School Superintendent Tom Horne asked the 9th U.S. Circuit Court of Appeals on Tuesday to overturn a judge's decision requiring the state to divide up $21 million in fines among school districts based on the number of English learners.

Eric Bistrow, Horne's attorney, said in legal papers that U.S. District Judge Raner Collins had no legal basis to his order last Friday to parcel out the fines, which accumulated after the state did not meet his original Jan. 24 deadline for coming up with a plan to fund programs to teach these students English.

Bistrow also noted Horne had already appealed Collins' decision to impose fines in the first place. Bistrow said there would be no way to get the money back to the state treasury if Horne prevails.

It will be up to the appellate court, based in San Francisco, whether to delay dividing up the money while Horne's challenge is pending.

Rural regent

The House Committee on Universities, Community Colleges and Technology voted Tuesday to require that the next two members named to the Board of Regents be from the state's 13 smaller counties.

Backers of requirement note all the current members of the board that oversees the state's three universities are from Maricopa and Pima counties. This measure would ensure that at least two of the 10 appointed non-student members — the governor and the state school superintendent also serve — are from elsewhere.

The measure, which already has been approved by the Senate, now goes to the full House.

Wine sales

On a voice vote the House gave preliminary approval Tuesday to legislation designed to ensure small Arizona wineries can continue to ship their products directly to retailers, restaurants and customers.

Current law already allows Arizona wineries to do that. But the law was voided last year by a U.S. Supreme Court ruling that said states cannot impose stricter requirements on out-of-state firms.

The proposal resolves that by saying any U.S. winery that produces less than 50,000 gallons a year and agrees to submit to state licensing and collect state taxes can make direct shipments. The measure now needs a final roll-call vote.

School finance

The House gave preliminary approval Tuesday to a measure that increases funding for public schools.

But the vote on the proposal was far from unanimous. That is because it also would require schools to give up extra money they now get for programs like "career ladders" to pay experienced teachers more and special state funding to pay for high utility costs.

The bill needs a final recorded vote before going to the Senate.