Arizona Judicial Branch

Welcome. This site provides information on Vetoed legislation.

HB 2004

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SCHOOL TUITION ORGANIZATIONS; TAX CREDIT

Rep. Tully, et al

HB 2004 would have established a corporate income tax credit for contributions by a corporation to a Student TuitionOrganization.
 

GOVERNOR’S VETO MESSAGE indicated it was premature to consider budget-related legislation at a time when a comprehensive budget agreement had not yet been made.

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FEDERAL MONIES; DEPOSIT

Rep. Tully, et al

HB 2005 would have directed any unrestricted federalmonies received through June 30, 2006 for deposit in the state General Fund for the payment of essential government services.
 

GOVERNOR’S VETO MESSAGE indicated the bill dealt with issues addressed in four previous vetoed bills dealing with the subject of state legislative efforts to appropriate federal monies.

HB 2006

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APPROPRIATION; BUDGET STABILIZATION FUND

Rep. Tully, et al

HB 2006 would have appropriated $313,836,000 from the State General Fund to the Budget Stabilization Fund in FY 2006.
 

GOVERNOR’S VETO MESSAGE indicated it was premature to consider budget-related legislation at a time when a comprehensive budget agreement had not yet been reached.

HB 2102

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SPECIAL AUDIT; OAG; SOLE SOURCE

Rep. McClure

HB 2102 would have required the Auditor General to review ADOA’s selection of an exclusive vendor for the state office supplies contract per the Joint Legislative Audit Committee.

GOVERNORS VETO LETTER indicated that such a review had already been satisfactorily conducted by her Efficiency Review Steering Committee and ADOA. 

HB 2118

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CHARTER SCHOOLS; FINGERPRINTING; PENALTIES

Rep. Anderson

HB 2118 would have subjected charter schools to civil penalties for failure to comply with specified statutory fingerprinting requirements. Would have required the Department of Public Safety to issue a permanent fingerprint clearance card to a teacher employed by a school district or charter school on the teacher’s second renewal of the card if certain criteria were met.
 

GOVERNOR’S VETO MESSAGE indicated there was concern about a permanent fingerprint clearance card that could prevent DPS from discovering important information on felonies that could have been committed by a teacher following the previous background check.

HB 2142

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HUMAN EGGS; SALE; PROHIBITION

HB 2142 would have classified the sale or purchase of or the offer to sell or purchase, a human oocyte for human somatic cell nuclear transfer as a Class 6 felony.
 

GOVERNORS VETO MESSAGE indicated the bill represented an unwarranted intrusion into the medical decisions of women.

HB 2186

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STATE ANNUAL FINANCIAL REPORT; FORMAT

Rep. Biggs, et al

HB 2186 would have required the director of the Arizona Department of Administration to submit the annual financial report to the Legislature. The report and any consolidated financial reports were to be itemized with federal funds separated from state funds.
 

GOVERNORS VETO LETTER indicated the expense of altering the format of the annual report was unnecessary as the legislature already receives the information being sought in the bill.

HB 2191

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COURT SETTLEMENT; JLBC; ATTORNEY GENERAL

Rep. Biggs

HB 2191 would have required the Joint Legislative Budget Committee and the Attorney General to approve:

• settlements of claims over $50,000 or a higher
  amount set by JLBC for which a monetary amount is
  not prescribed

• claims settled by way of consent decree

• any change in legislative funding formula that already
  exists in law

GOVERNOR’S VETO LETTER indicated the bill was an ‘unwarranted encroachment by the legislature’ into affairs statutorily authorized to the Attorney General and said it would inhibit the office’s ability to settle cases in a timely and efficient manner.

HB 2254

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ABORTION; FETAL PAIN

Rep. Gorman

HB 2254 would have required a doctor performing an abortion on a woman at least twenty weeks pregnant to inform the woman that the unborn child has the physical structures necessary to experience pain as well as other information.
 

GOVERNOR’S VETO LETTER indicated that the legislature should not interfere with the doctor-patient relationship or attempt to substitute its judgment for professional advice given to a person by a physician.

HB 2315

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BURDEN OF PROOF; EMERGENCY TREATMENT

Rep. Barnes

HB 2315 would have increased the burden of proof to ‘clear and convincing evidence’ in order to establish a malpractice action against health care professionals that provided services in compliance with the federal Emergency Medical Treatment and Active Labor Act.
 

GOVERNOR’S VETO LETTER indicated that while there is a shortage of on-call specialists in emergency rooms, data has not proven that raising the burden of proof would address the various causes of the shortage.

HB 2373

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SUPREME COURT OPINION; SINGLE SUBJECT

Rep. Knaperek

HB 2373 would have required the Arizona Supreme Court upon request of the petitioner to review any ballot initiative that obtains ten percent of the required signatures for a determination if the text complies with the separate amendment rule.
 

GOVERNOR’S VETO LETTER indicated that the bill would have required the Court to issue an advisory opinion; further, the bill could not ensure that multiple points of view would be offered to the court on the subject(s) addressed by an initiative. The bill would also force the Supreme Court to review a significant number of petitions that would not qualify for the ballot for reasons other than the single subject rule.

HB 2381

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DEVELOPMENT FEE; CAPITAL IMPROVEMENTS PLAN

Rep. Paton, Sen. Bee

HB 2381 would have made numerous changes to the assessment and collection of municipal development fees.
 

GOVERNOR’S VETO LETTER indicated that the bill would put unnecessary restrictions on local municipalities and “hamper the ability of our cities and towns to manage their own growth.”

HB 2478

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WORKERS' COMPENSATION; VEHICLE LESSORS; SCOPE

Rep. McComish, et al

HB 2478 would have exempted businesses leasing a vehicle to a taxi or delivery vehicle driver from being liable for workers’ compensation coverage or payment of premiums if, among other provisions, the business obtained a sole proprietorship waiver or contract agreement from the driver.
 

GOVERNOR’S VETO LETTER indicated that by eliminating workman’s compensation coverage, drivers may turn to AHCCCS for medical coverage. Concern was also expressed about a possible violation of Article XVIII, § 8 of
the Arizona Constitution.

HB 2559

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JUVENILE HEARINGS; JURY TRIALS

Rep. Anderson, et al

HB 2559 would have continued the jury trial option for termination of parental rights and prohibited the bringing of another TPR action after a court decision not to terminate the parent’s rights, unless the action related to new information.
 

GOVERNOR’S VETO LETTER indicated that it was unwise to repeal the sunset provisions of the jury trial option as there was little difference in terms of outcome between juryand bench trials; however, there were disruptions to the courts and unnecessary expenses related to the jury trials. Further, the message stated that the inability to bring an action related to previous information makes it unnecessarily difficult to re-file based solely on the passage of time,
thereby forcing children to stay in foster care indefinitely.

HB 2575

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COUNTY SUPERVISORS; MEMBERSHIP; NUMBER

Rep. Chase, et al

HB 2575 would have reduced the population threshold for counties to elect a five-member board of supervisors to 165,000 persons, and required the applicable board of supervisors to begin the process of electing two additional members at the next presidential election.
 

GOVERNOR’S VETO LETTER indicated the bill was ‘neither timely, necessary nor cost effective’ and could cost taxpayers in a county such as Pinal County almost $1 million.

HB 2577

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IMMIGRATION LAW; EMPLOYMENT; ENFORCEMENT

Rep. Pearce

HB 2577 would have made numerous changes relating to immigration policy, including:

• the employment of unauthorized workers

• trespassing by illegal aliens

• prohibition against the award of punitive damages for
  violators of certain federal immigration laws

• cooperation and assistance in enforcement of federal
  immigration laws by political subdivisions

• expansion of the Gang Intelligence Team
  Enforcement Mission (GITEM)

• the establishment of an Arizona Border Enforcement
  Security Team, Border Security Fund and Joint
  Legislative Committee on Immigration.

GOVERNOR’S VETO LETTER indicated the bill offered amnesty to employers, indemnified employers, violated the constitution, and was opposed by law enforcement and border officials.

HB 2650

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APPROPRIATION OF FEDERAL MONIES

Rep. Murphy

HB 2650 would have provided the Legislature with appropriation authority over non-custodial federal monies.
 

GOVERNOR’S VETO MESSAGE indicated there were a number of previously vetoed bills dealing with the subject of state legislative efforts to control federal monies.

HB 2666

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APPROPRIATION OF FEDERAL MONIES

Rep. Murphy

HB 2666 would have required the written parental consent needed for a minor to receive an abortion to be notarized, with the exception of instances in which judicial authorization is ordered. The notarized parental consent statement would have been confidential.
 

GOVERNOR’S VETO LETTER indicated that the requirement to procure a notary could prove difficult for individuals, particularly in smaller communities, and would force women to disclose private medical decisions to persons not bound by doctor-patient privilege.

HB 2675

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SLUM CLEARANCE

Rep. Gray, C.

HB 2675 would have terminated all existing slum clearance and redevelopment areas 5 years after a municipality makes the designation unless substantial action had been taken to remove the slum conditions.
 

GOVERNOR’S VETO LETTER indicated there is a lack of a consensus among major stakeholders in the issue and urged the sponsors to continue working on negotiations without
restricting a city’s ability to deal with slums and gangs.

HB 2701

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NATIONAL GUARD MOBILIZATION; BORDER; APPROPRIATION

Rep. Allen, J.

HB 2701 would have required the Governor to call on the National Guard in the case of a declaration of a state of emergency resulting from increased unauthorized border crossing and appropriated $5 million dollars to the cause.
 

GOVERNOR’S VETO LETTER indicated the bill would limit any governor of this state’s ability to determine the most cost-effective response to a border emergency, referencing the Arizona Constitution regarding the executive branch’s authority over the military.

HB 2776

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ABORTION; PARENTAL CONSENT

Rep. Allen, J.

HB 2776 would have required a pregnant minor to consult with a physician and prove by ‘clear and convincing evidence’ that she is mature and capable enough to give her informed consent if seeking a judicial by-pass in order to have an abortion.
 

GOVERNOR’S VETO LETTER indicated that the ‘basic evidentiary standards for judicial bypass of the parental consent requirement are already set forth in case law.’ The bill would have imposed ‘an unduly burdensome cost’ on a pregnant minor.

HB 2875

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SCHOOL FACILITIES BOARD; BUDGET RECONCILIATION

Rep. Boone

HB 2875 would have prohibited the School Facilities Board and school districts from entering into lease-to-own transactions, and would have retroactively amended the building renewal formula and retroactively appropriated $86,283,500 to the Building Renewal Fund.
 

GOVERNOR’S VETO LETTER indicated that there have been 5 previous vetoes of bills dealing with the proposed formula change.

SB 1040

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SCHOOL DISTRICTS; MINOR BOUNDARY CHANGES

Rep. Waring

SB 1040 would have enabled school district boundaries to be changed more than once without a majority vote of the district's population. It also would have increased the maximum number of minor boundary adjustments allowed between adjacent school districts in order to continue to
qualify for minor boundary adjustments and allow school districts to charge non-resident pupils tuition if two school districts have entered into a voluntary agreement for the payment of tuition for certain pupils.
 

GOVERNOR’S VETO MESSAGE indicated the bill would enable a minority of residents in one school district to become part of another district without consent of a majority of residents in either district. It also stated that people who are dissatisfied with their school districts should work to improve their school districts or get voter approval before redrawing the district’s lines.

SB 1071

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CORPORATE TUITION TAX CREDIT; ADMINISTRATION

Sen. Martin

SB 1071 would have made further changes to the new corporate tuition tax credit law. Specifically, it would have modified the pre-approval process for corporate tuition tax
credits for contributions to school tuition organizations.
 

GOVERNOR’S VETO MESSAGE indicated changes are not prudent at this time; the tuition tax credit legislation signed into law has not been in effect long enough to evaluate if changes are needed.

SB 1075

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ARBITRATION AGREEMENTS; VALIDITY

Sen. Huppenthal, et al

SB 1075 would have allowed arbitration to be used to resolve disputes between an employer and any employee. This bill would have repealed A.R.S. §12-1517 and made arbitration agreements between employers and employees subject to A.R.S. Title 12, Chapter 9, Article 1 dealing with
arbitration agreements.
 

GOVERNOR’S VETO MESSAGE indicated such legislation would unduly deprive employees of access to the courts to resolve employment disputes.

SB 1097

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HUMAN EGG DONOR; INFORMED CONSENT

Sen. Johnson, et al

SB 1097 would have required voluntary and informed consent for the harvest of a human oocyte from a donor. Classified violations of the informed consent requirement by medical and osteopathic physicians as unprofessional conduct.
 

GOVERNOR’S VETO MESSAGE indicated health care providers are subject to existing professional and ethical obligations to give patients, including prospective egg donors, complete and accurate advice about this or any other medical procedure.

SB 1151

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TAX CREDITS; WITHHOLDING TAX REDUCTIONS

Sen. Martin, et al

SB 1151 would have allowed an employee to elect a reduced income tax withholding by the amount of the tax credit for contributions to a school tuition organization, a public school in support of extracurricular fees, a character education program or a qualified charitable organization that provides assistance to the working poor.
 

GOVERNOR’S VETO MESSAGE indicated employees already have the option to adjust their withholding percentages for any reason. Pressuring employers to reduce withholding tax amounts for specific contributions poses undue burdens on employers and their payroll service
companies.

SB 1153

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POSTSECONDARY INSTITUTIONS; RELIGIOUS ORGANIZATIONS; EQUALITY

Sen. Gray, L., et al

SB 1153 would have prohibited a public postsecondary institution from denying registration or recognition to a student organization that advocates its membership criteria based upon religious, political or philosophical beliefs.
 

GOVERNOR’S VETO MESSAGE indicated students at public postsecondary institutions should not be prohibited from participating in the student organizations of their choice simply based on their religious or political beliefs. Such legislation would likely encounter unintended consequences.

SB 1157

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TRESPASSING BY ILLEGAL ALIENS

Sen. Leff, et al

SB 1157 would have established the crime of trespassing by illegal aliens. Would have permitted a peace officer to question the immigration status of a person in certain situations. Provided the public employee and public entity qualified immunity for questioning immigration status.
 

GOVERNOR’S VETO MESSAGE indicated she agrees with several components of the bill; however, she does not agree that all persons in the country illegally should be charge with
criminal trespass. She disagreed with the premise that the risk of a misdemeanor trespass violation will deter illegal immigration. The message stated that Arizona’s law enforcement efforts should not be diverted away from investigating and prosecuting violent felonies in order to
pursue misdemeanor cases.

SB 1198

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ELL; SEI MODELS; BUDGET REQUESTS

Sen. Bennett, et al

SB 1198 would have appropriated $2.6 million in FY 2005-2006 and $31.4 million in FY 2006-2007 from the state General Fund for English Language Learner (ELL) programs; created an eight-member Arizona English Language Learners Task Force to develop and adopt research based models of Structured English Immersion (SEI); required school districts and charter schools to submit budget requests for the newly created Arizona Structured English Immersion Fund and the Statewide Compensatory Instruction Fund (SCIF); established a new individual and corporate income tax credit for contributions made to student tuition organizations to provide scholarship and tuition grants to ELL pupils; contained a conditional enactment for the
Group B weight increase in FY 2006-2007.
 

GOVERNOR’S VETO MESSAGE indicated the state has a responsibility to educate English Language Learners. SB 1198 was so flawed the Governor stated she would call the Legislature into special session to further address the Flores case.

SB 1206

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SCHOOLS; MAXIMUM PROPERTY TAX RATE

Sen. Burns

SB 1206 would have established a maximum primary property tax rate that school districts can impose.
 

GOVERNOR’S VETO MESSAGE indicated SB 1206 is identical to HB 2143 which she also vetoed on April 22, 2005. The Governor’s veto message of April 22, 2005 indicated that school district governing boards should have the ability to set their own budget priorities and be held accountable by voters whom elected them. Also, the Governor stated this legislation would effectively eliminate a school district’s ability to better invest in education for their children.

SB 1217

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PUBLIC HEALTH SERVICES DISTRICT

Sen. Martin

SB 1217 would have eliminated the ability of a county board of supervisors to establish a public health services district by unanimous vote of the board.
 

GOVERNOR’S VETO MESSAGE indicated that counties have exercised their current authority responsibly. The governor stated that if county voters disagree with a unanimous vote of a County Board of Supervisors, they can either vote for new supervisors at the next regularly
scheduled election or in some cases have the matter sent to the ballot through the referendum process.

SB 1290

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ELECTRIC GENERATION FACILITIES; TAX VALUATION

Sen. Martin, et al

SB 1290 would have changed the tax valuation tables for real and personal property used in operating electric generation facilities.
 

GOVERNOR’S VETO MESSAGE indicated the Arizona Department of Revenue's valuation table has been developed as a result of careful and deliberate consideration of appropriate personal property depreciation for electric generation facilities, and our courts have upheld it as reasonable. This bill sets aside that table without considering either the Department's expertise in this area or our courts' rulings.

SB 1325

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PUBLIC FUNDS ABORTION; PROHIBITION

Sen. Johnson, et al

SB 1325 would have prohibited the expenditure of public funds to pay the costs associated with a health insurance plan that covers abortion-related services.
 

GOVERNOR’S VETO MESSAGE indicated the bill prevents local governments from making their own decisions about the health care coverage they offer and for which most employees pay their own premiums. Also, the bill's narrow definition of the exception under which abortions could be
paid for under a public health care plan is far too restrictive and appears to be in violation of the Arizona Supreme Court's holding in Simat Corp. v. Arizona Health Care Cost Containment System, 203 Ariz. 454, 460, 56 P.3d 28, 34 (2002).

SB 1356

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HAZARDOUS AIR POLLUTANTS; DE MINIMIS

Sen. Allen, C.

SB 1356 would have required the Arizona Department of Environmental Quality (ADEQ) to establish by rule de minimis amounts for federally listed hazardous air pollutants according to specified criteria.
 

GOVERNOR’S VETO MESSAGE indicated the bill is in opposition to the rule on Hazardous Air Pollutants recently promulgated by the Department of Environmental Quality ("ADEQ"). This bill could be construed to place significant new and unnecessary obstacles in the way of ADEQ's
efforts to regulate toxic air pollutants. Such obstacles are not in the best interest of Arizona's children and families.

SB 1370

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WRONGFUL TERMINATION; CAUSE OF ACTION

Sen. Martin, et al

SB 1370 would have designated when the cause of action for breach of an employment contract or damages for wrongful termination accrued.
 

GOVERNOR’S VETO MESSAGE indicated the general rule in Arizona is that tort actions typically do not begin to accrue until the plaintiff discovers (or should discover through the exercise of reasonable diligence) the wrongful nature of the defendant's action. See Taylor v. State Farm Mut. Auto. Ins. Co., 185 Ariz. 174, 177, 913 P.2d 1092, 1095 (Ariz. 1996). Employment termination law should be no different, and wrongfully terminated workers should be entitled to a oneyear statute of limitations following the date they discovered (or reasonably should have discovered) the wrongful act.

SB 1425

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EMERGENCY; CONFISCATION OF FIREARMS; PROHIBITION

Sen. Martin, et al

SB 1425 would have prohibited the emergency power of the Governor, Adjutant General or any other official from placing restrictions on firearms or ammunition during a state of emergency.
 

THE GOVERNOR’S VETO MESSAGE indicated the bill addresses a problem that does not and never has existed in Arizona. The bill is predicated on an incident that occurred in New Orleans after Hurricane Katrina. Subsection (J) is much broader than the Katrina incident and would have
serious consequences in Arizona.

SB 1432

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WATER UTILITY SYSTEMS; VALUATION

Sen. Martin, et al

SB 1432 would have prescribed a maximum property valuation for water utility systems regulated by the Arizona Corporation Commission regardless of the number of parcels involved.
 

THE GOVERNOR’S VETO MESSAGE indicated that among other things, this bill would have set a dangerous precedent by providing what amounts to a property tax exemption to for-profit businesses simply because there are other nonprofit or public sector companies within the same industry that are exempt from property taxation.

SB 1455

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CHARTER SCHOOLS; SPONSORSHIP

Sen. Martin

SB 1455 would have permitted a public university, college or community college to sponsor charter schools. Also, it would have allowed a charter school sponsor to impose a civil penalty on a charter school that does not comply with fingerprinting regulations.
 

THE GOVERNOR’S VETO MESSAGE indicated this bill was vetoed for the same reasons why SB 1085 was vetoed on April 25, 2005. In that veto message the Governor stated SB 1085 did not improve state law on charter schools. Although it allowed for non-profit universities, colleges and community colleges to sponsor charters, it does not allow for them to participate in day-to-day administration; therefore, preventing their effectiveness. The Governor also stated that the bill fails to include ELL requirements.

SB 1477

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PSYCHOTROPIC DRUGS; TESTING; INFORMED CONSENT

Sen. Bee, et al

SB 1477 would have established informed consent requirements for the testing of psychotropic drugs or any other previously prescribed or administered psychotropic drug by state funded institutions or agencies.
 

THE GOVERNOR’S VETO MESSAGE indicated this bill is not needed to safeguard patients because adequate and comprehensive procedures currently exist to protect participants in drug trials and ensure each participant provides informed consent.

SB 1479

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LOCAL PLANNING; RESIDENTIAL HOUSING INCENTIVES

Sen. Bee, et al

SB 1479 would have prohibited a city, town or county from requiring that certain housing units, residential building lots or parcels be designated for sale to a specific class of purchasers.
 

THE GOVERNOR’S VETO MESSAGE indicated the conversations called for last year among cities, builders, realtors and affordable housing advocates are on-going and have yet to result in a consensus for dealing with this issue on a statewide basis and in a manner that takes into account the best interest of all Arizonans. As a result, consideration of this bill remains premature.

SB 1543

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PROPERTY TAX VALUATION; PIPELINES

Sen. Martin, et al

SB 1543 would have modified the statutory formula for determining the valuation of pipeline property, for purposes of property taxation.
 

THE GOVERNOR’S VETO MESSAGE indicated the bill made a number of unwise changes in the law that would result in a tax shift from the pipeline companies to other taxpayers of over $10 million annually. Also, the bill would have changed the allocation factor by eliminating certain
costs from the numerator in the factor (Arizona Property Cost) while continuing to include the same costs in thedenominator (Total System Property Cost).