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FORTY-SEVENTH LEGISLATURE v. NAPOLITANO

No. CV-06-0079-SA.

143 P.3d 1023 (2006)

The FORTY-SEVENTH LEGISLATURE OF the STATE of Arizona; The Arizona State Senate; The Arizona House of Representatives; Ken Bennett, individually and as President, Arizona State Senate; and James P. Weiers, individually and as Speaker, Arizona House of Representatives, Petitioners, v. Janet NAPOLITANO, Governor of the State of Arizona; Arizona Department of Administration and William Bell, Director; and Arizona State Personnel Board and Jeff Grant, Chair, Respondents.

Supreme Court of Arizona, En Banc.

September 12, 2006.

Attorney(s) appearing for the Case

Meagher & Geer, P.L.L.P. by Gary L. Lassen, Thomas H. Crouch, Scottsdale, Attorneys for the 47th Legislature of the State of Arizona, the Arizona State Senate, the Arizona House of Representatives, Ken Bennett, and James P. Weiers.

Office of the Governor by Timothy A. Nelson, General Counsel, Nicole C. Davis, Deputy General Counsel, Phoenix and Perkins Coie Brown & Bain P.A. by Paul F. Eckstein, Joel W. Nomkin, Charles A. Blanchard, Lee Stein, Phoenix, Attorneys for Governor Janet Napolitano.

Terry Goddard, Arizona Attorney General by Mary O'Grady, Solicitor General, Phoenix, Attorneys for Arizona Department of Administration and William Bell, Director, and Arizona State Personnel Board and Jeff Grant, Chair.

Ryley Carlock & Applewhite by N. Warner Lee, John M. Fry, Phoenix, Attorneys for Amicus Curiae National Conference of State Legislatures.

Osborn Maledon, P.A. by Diane M. Johnsen, Thomas L. Hudson, Diane M. Meyers, Phoenix, Attorneys for Amicus Curiae National Governors Association.

OPINION

McGREGOR, Chief Justice.

¶ 1 This case requires us to decide whether the gubernatorial veto of a portion of a bill related to state employee compensation exceeded the Governor's item veto power under Article 5, Section 7 of the Arizona Constitution. We conclude that the vetoed provision is not an item of appropriation subject to the gubernatorial item veto.

I.

¶ 2 On January 25 and 26, 2006, the Forty-seventh Legislature...

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