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BENNETT v. NAPOLITANO

No. CV-03-0245-SA.

81 P.3d 311 (2003)

206 Ariz. 520

Ken BENNETT, President, Arizona State Senate; Franklin "Jake" Flake, Speaker, Arizona House of Representatives; Timothy Bee, Majority Leader, Arizona State Senate; Eddie Farnsworth, Majority Leader, Arizona House of Representatives, Petitioners, v. Janet NAPOLITANO, Governor of the State of Arizona; Arizona Department of Administration and Betsey Bayless, Director; General Accounting Office of the Arizona Department of Administration; D. Clark Partridge, Arizona State Comptroller; Arizona Department of Agriculture and Jack Peterson, Director; Arizona Department of Economic Security and William Bell, Acting Director; Arizona Department of Health Services and Catherine R. Eden, Director; Arizona State Land Department and Mark Winkelman, Commissioner; Arizona Health Care Cost Containment System and C.J. Hindman, Acting Director; Arizona Department of Education and Tom Horne, Superintendent; and Arizona State Parks Board, Respondents.

Supreme Court of Arizona, En Banc.

December 4, 2003.

Attorney(s) appearing for the Case

Snell & Wilmer L.L.P. by John J. Bouma, Andrew F. Halaby, Danielle J. Malody, Jeffrey C. Warren, Phoenix, Attorneys for Petitioners.

Office of the Governor, by Timothy A. Nelson, General Counsel, Nicole C. Davis, Deputy General Counsel, and Lewis and Roca LLP by Scott Bales, Kimberly A. Demarchi, Phoenix, Attorneys for Governor Napolitano.

Terry Goddard, Attorney General by Mary O'Grady, Solicitor General, Phoenix, Attorneys for Respondent State Agencies and Related Officials.

Logan T. Johnston, III, Phoenix, Attorneys for AHCCCS and C.J. Hindman.

Arizona Center for Law in the Public Interest by Timothy M. Hogan, Phoenix, Amicus Curiae for School Finance Reform Group.

OPINION

JONES, Chief Justice.

I. INTRODUCTION

¶ 1 On June 12, 2003, the legislature enacted and transmitted to the governor four bills comprising the state's operating budget for fiscal year 2004—the general appropriations bill (House Bill 2531) and three omnibus reconciliation bills (ORBs) consisting of the Public Finance ORB (House Bill 2533), the Education ORB (House Bill 2534), and the Health and Welfare ORB (House Bill 2535).<...

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