The Veto Hammer

On March 15, 2023March 15, 2023 By The State Library of ArizonaIn Arizona Legislature, Government, Government Information, Law / Statutes, Women

As usual when the Legislature is in session, we are watching the Governor’s vetoes. How often have recent Governors exercised their veto?

We looked at the Regular Legislative Sessions of the last four governors, then compared the number of vetoes in the session to the number of bills that were enacted. Our comparison does not include special sessions, which happen when the Governor calls the Legislature into session to work on a specific issue or set of issues.

Governor Jane Hull took office on September 5, 1997. Her predecessor, Governor Fife Symington, had been indicted and resigned as required by state law.

1998-43^rd Legislature, 2^nd Regular Session, met January 12 – May 22, 1998.

12 vetoed bills plus 2 line-item vetoes. Laws 1998, Chapters 1-213, Volume 1 (PDF page 21).

Veto messages: Laws 1998, Chapters 214-End, Volume 2 (PDF page 911).

There were 303 Session Laws enacted that year. Comparing the number of bills enacted to the number of vetoes yields a veto rate of 4.6%

1999-1^st Regular Session of the 44^th Legislature, met January 11 – May 7, 1999.

21 vetoed bills plus 7 line-item vetoes. Laws 1999, Chapters 1-223, Volume 1 (PDF pages 23-24).

Veto messages: Laws 1999, Chapters 224-End, Volume 2 (PDF page 861).

There were 353 Session Laws enacted that year. Veto rate 7.9%

2000-2^nd Regular Session of the 44^th Legislature, met January 10 – April 18, 2000.

15 bills vetoed plus 4 line-item vetoes. Laws 2000, Chapters 1-170, Volume 1 (PDF pages 23-24).

Veto messages: Laws 2000, Chapters 285-End, Volume 3 (PDF page 707).

There were 405 Session Laws enacted that year. Veto rate 4.6%

2001-1^st Regular Session of the 45^th Legislature, met January 8 – May 10, 2001.

28 bills vetoed plus 9 line-item vetoes. Laws 2001, Chapters 1-235, Volume 1 (PDF pages 25-26).

Veto messages: Laws 2001, Chapters 236-End, Volume 2 (PDF page 1105).

There were 388 Session Laws enacted that year. Veto rate 9.5%.

2002-2^nd Regular Session of the 45^th Legislature, met January 14 – May 23, 2002.

9 bills vetoed. Laws 2002, Chapters 1-258, Volume 1 (PDF page 22).

Veto messages: Laws 2002, Chapters 259-End, Volume 2 (PDF page 861).*

There were 344 Session Laws enacted that year. Veto rate was 2.6%.

* It appears that the line item disputes had played out the year earlier, during the 2^nd Special Session conducted between November 13 and December 19, 2001, called to address the funding formula for Limited English Proficient Students and to balance the state budget. Nine bills were enacted. Governor Hull exercised the line-item veto on 5 of them. Laws 2001, 2^nd Special Session, (PDF pages 4-5).

Governor Hull’s average veto rate over 5 Regular Sessions was 5.8%.

2003-1^st Regular Session of the 46^th Legislature, met January 13 – June 19, 2003.

17 bills vetoed plus 4 line-item vetoes. Laws 2003, Chapters 1-247, Volume 1 (PDF pages 22-23).

Veto messages: Laws 2003, Chapters 248-End, Volume 2 (PDF page 401).

There were 268 Session Laws enacted that year. Veto rate 7.8%.

2004-2^nd Regular Session of the 46^th Legislature, met January 12 – May 26, 2004.

8 bills vetoed plus 2 line-item vetoes. Laws 2004, Chapters 1-205, Volume 1 (PDF page 22).

Veto messages: Laws 2004, Chapters 206-End, Volume 2 (PDF page 749).

There were 343 Session Laws enacted that year. Veto rate 2.9%.

2005-1^st Regular Session of the 47^th Legislature, met January 10 – May 13, 2005.

58 bills vetoed plus 3 line-item vetoes. Volume 1, Laws 2005, Chapters 1 – 226 (PDF pages 22-24).

Veto messages: Laws 2006, Chapters 265-End, Volume 2 (PDF page 777).

There were 334 Session Laws enacted that year. Veto rate 18.2%.

2006-2^nd Regular Session of the 47^th Legislature, met January 9 – June 22, 2006.

43 bills vetoed plus 1 line-item veto. Laws 2006, Chapters 1-264, Volume 1 (PDF page 23).

Veto messages: Volume 2, Laws 2006, Chapters 265 – End at PDF 833 (PDF page 833).

There were 395 Session Laws enacted that year. Veto rate 11.1%.

2007-1^st Regular Session of the 48^th Legislature, met January 8 – June 20, 2007.

22 bills vetoed. Laws 2007, Chapters 1-214, Volume 1 (PDF page 22).

Veto messages: Laws 2007, Chapters 215-End, Volume 2 (PDF page 711).

There were 296 Session Laws enacted that year. Veto rate 7.4%.

2008-2^nd Regular Session of the 48^th Legislature, met January 14 – 27, 2008.

32 bills vetoed. Laws 2008, Chapters 1-218, Volume 1 (PDF page 22).

Veto messages: Laws 2008, Chapters 219-End, Volume 2 (PDF page 1013).

There were 315 Session Laws enacted that year. Veto rate 10.1%.

Governor Napolitano’s average veto rate over 6 Regular Sessions was 9.5%.

Governor Janet Napolitano resigned upon her confirmation as U.S. Secretary of Homeland Security. Governor Brewer was sworn in on January 21, 2009.

2009-1^st Regular Session of the 49^th Legislature, met January 12 – July 1, 2009.

22 bills vetoed plus 2 line-item vetoes. Laws 2009, Chapters 1-113, Volume 1 (PDF pages 18-19).

Veto messages: Laws 2009, Chapters 114-End, Volume 2 (PDF page 608).

There were 191 Session Laws enacted that year. Veto rate 12.5%.

2010-2^nd Regular Session of the 49^th Legislature, met January 11 – April 29, 2010.

14 bills vetoed. Laws 2010, Chapters 1-247, Volume 1 (PDF page 22).

Veto messages: Laws 2010, Chapters 248-End, Volume 2 (PDF page 991).

There were 338 Session Laws enacted that year. Veto rate 4.1%.

2011-1^st Regular Session of the 50^th Legislature, met January 10 – April 20, 2011.

31 bills vetoed. Laws 2011, Chapters 1-237, Volume 1 (PDF pages 22-23).

Veto messages: Laws 2011, Chapters 238-End, Volume 2 (PDF page 1192).

There were 357 Session Laws enacted that year. Veto rate 8.6%

2012 –2^nd Regular Session of the 50^th Legislature, met January 9 – May 3, 2012.

26 bills vetoed. Laws 2012, Chapters 1-250, Volume 1 (PDF page 23).

Veto messages Laws 2012, Chapters 251-End, Volume 2 (PDF page 1295).

There were 362 Session Laws enacted that year. Veto rate 7.1%

2013-1^st Regular Session of the 51^st Legislature, met January 14 – June 14, 2013.

26 bills vetoed. Laws 2013, Chapters 1-201, Volume 1 (PDF pages 21-22).

Veto messages: Laws 2013, Chapters 202-End, Volume 2 (PDF page 740).

There were 256 Session Laws enacted that year. Veto rate 10.1%.

2014-2^nd Regular Session of the 51^st Legislature, met January 13 – April 24, 2014.

25 bills vetoed plus 3 line-item vetoes. Laws 2014, Chapters 1-194, Volume 1 (PDF pages 20-21).

Veto messages Laws 2014, chapters 195-End, Volume 2 (PDF page 1181).

There were 278 Session Laws enacted that year. Veto rate 10%.

Governor Brewer’s average veto rate over 6 Regular Sessions was 8.7%.

2015-1^st Regular Session of the 52^nd Legislature was the first session of Governor Doug Ducey. The Legislature met January 12 – April 3, 2015.

20 bills vetoed. Laws 2015, Chapters 1-200, Volume 1 (PDF page 24).

Veto messages Laws 2015, Chapters 201-End, Volume 2 (PDF page 924).

There were 324 Session Laws enacted that year. Veto rate 6.1%

2016-2^nd Regular Session of the 52^nd Legislature, met January 11 – May 7, 2016.

14 bills vetoed. Laws 2016, Chapters 1-202, Volume 1 (PDF page 19).

Veto messages: Laws 2016, Chapters 203-End, Volume 2 (PDF page 1549).

There were 374 Session Laws enacted that year. Veto rate 3.7%

2017-1^st Regular Session of the 53^rd Legislature, met January 9 – May 10, 2017.

11 bills vetoed. Laws 2017, Chapters 1-184, Volume 1 (PDF page 21).

Veto messages: Laws 2017, Chapters 185-End, Volume 2 (PDF page 1274).

There were 342 Session Laws enacted that year. Veto rate 3.2%.

2018-2^nd Regular Session of the 53^rd Legislature, met January 8 – May 4, 2018

23 bills vetoed. Laws 2018, Chapters 1-235, Volume 1 (PDF page 21).

Veto messages: Laws 2018, Chapters 236-End, Volume 2 (PDF page 1269).

There were 346 Session Laws enacted that year. Veto rate 6.6%.

2019-1^st Regular Session of the 54^th Legislature, met Session January 14 – May 28, 2019.

11 bills vetoed. Laws 2019, Chapters 1-191, Volume 1 (PDF page 23).

Veto messages: Laws 2019, Chapters 192-End, Volume 2 (PDF page 1119).

There were 321 Session Laws enacted that year. Veto rate 3.4%.

2020-2^nd Regular Session of the 54^th Legislature was disrupted by the COVID 19 pandemic. The Legislature met January 13, 2020 – May 26, 2020.

There were no vetoes. Laws 2020, Chapters 1-90. The only Governor’s Message was a statement regarding the budget (PDF page 809).

There were 90 Session Laws enacted that year. Veto rate 0.

2021-1^st Regular Session of the 55^th Legislature, met session January 11 – June 30, 2021.

28 bills vetoed. Laws 2021, Chapters 1-232, Volume 1 (PDF pages 25-26).

Veto messages: Laws 2021, Chapters 375-End, Volume 3 (PDF page 1105).

There were 447 Session Laws enacted that year. Veto rate 6.2%

2022-The official Session Laws of the 2^nd Regular Session of the 55^th Legislature are not yet published, but the 2022 Legislative Summary is online. The Legislature met January 10 – June 25, 2022. There were 388 Session Laws and 5 vetoes. The veto messages are among the Governor’s Letters here.

There were 388 Session Laws enacted that year. Veto rate 1.2%.

Governor Ducey’s average veto rate over 8 Regular Sessions was 3.8%.

Over more than 2 decades, Arizona Governors and Legislatures have faced an ever-changing landscape of issues and circumstances. The number of vetoes issued by each Governor varied widely. We’ll leave it to you to puzzle out the reasons.

Native Arizona Plants

On October 17, 2022October 17, 2022 By The State Library of ArizonaIn Arizona, Arizona Legislature, History, Law / Statutes

Kofa Mountains, Arizona Highways, April 2012

Arizonans have long valued our native plants. Protections were first enacted in 1929. The Arizona Native Plant Act now governs designation of native plants, harvesting and clearing protected plants on private and public land, gathering wood, collecting native seeds, and enforcement to ensure that Arizona’s rich and beautiful habitats are protected.

The Arizona Legislature first passed a measure to protect native plants in 1929, in Laws 1929, Chapter 8 (PDF page 75).

Session laws, State of Arizona, 1928, Eighth Legislature, Fifth and Sixth Special Sessions, 1929, Ninth Legislature, First Regular Session

The new law listed protected plants and prohibited destruction, mutilation, or removal of any living protected plant without a written permit. The Arizona Commission of Agriculture & Horticulture issued permits to collect plants for scientific or educational purposes. Violators could be fined $50 to $300. The bill passed with an emergency clause, becoming effective upon the signature of Governor John Phillips on February 15, 1929. J. Morris Richards described the legislation in his History of the Arizona State Legislature (PDF page 62).

Legislators worked on the issue again in Laws 1933, Chapter 99 (PDF page 517). The Legislature set a 30-day time limit on the permits issued by the Arizona Commission of Agriculture & Horticulture and allowed it to collect a fee of $5 for each permit, authorized peace officers to make arrests to enforce the act, and empowered county boards of supervisors to adopt ordinances for the enforcement of preservation of plants. Laws 1935, Chapter 66, (PDF page 342), added provisions regulating collection of yucca leaves for their fiber, which was intended for commercial purposes.

The laws were included in the 1939 Arizona Code at §§49-401 through 49-409 (PDF page 32).

Protection of native Arizona plants was included in the Arizona Revised Statutes when it was compiled in 1956.

The protection of native plants continued to be of interest to the Legislature. Laws 1967, Chapter 74 (PDF page 516) reorganized the provisions of the law.

The bill created the tag and permit system Arizona still uses for the authorized transport of protected native plants. The Commission of Agriculture & Horticulture was tasked with adopting regulatory rules. The legislation also established the Commission as a “90-10” agency: 90% of the fund was to be used by the Commission for enforcement, while 10% was credited to the state general fund.

Changes to protection of native plants in the 1970s

Arizona legislators continued to show their commitment to Arizona’s native plants and their willingness to dive into the details of crafting the law.

Laws 1972, Chapter 187 (PDF page 1425) required the Commission to hold a public hearing on native plants at least once a year, increased enforcement authority, and included imprisonment among the penalties for violations.

Laws 1975, Chapter 139 (PDF page 642) added certain dead plants to the definition of protected native plants:

The legislation also set a fee for removal of trees cut for wood and recognized the enforcement authority of state, federal, or tribal agencies. Laws 1976, chapter 179 (PDF page 934) added management of the wood receipt system to the Commission’s responsibilities.

Laws 1978, Chapter 109 (PDF page 337) changed the penalties to conform the Arizona Native Plant Act to the reorganized criminal code passed during the same session at Laws 1978, Chapter 201 (PDF page 717). A first conviction would result in revocation of all permits, including surrender of unused tags, seals, or wood receipts; and prohibit new permits for 90 days. A second offense was a Class 1 misdemeanor. Each violation was considered a separate offense.

Major changes in the 1980s

Laws 1981, Chapter 232 (PDF page 792) revised the process and fees for permits, tags, seals, and wood receipts and authorized enforcement officers to make arrests without a warrant for violations they witness and to confiscate archeological and other specimens or objects that were unlawfully excavated or collected. Violators convicted of a 1^st offense were prohibited new permits for a year.

Administrative rules, Senate, 39th Legislature, First Regular Session, 1989

Laws 1989, Chapter 294 (PDF page 1464) rewrote the Arizona native plant act.

Unusual among Arizona legislation, the revised Arizona native plant act starts with a statement of purpose and policy:

A portion of the revised Arizona native plant act

The legislation created four categories of protected native plants:

Highly safeguarded, such as those listed as endangered or threatened by state or federal law,
Salvage restricted, to protect plants subject to theft or vandalism such as the saguaro cactus,
Salvage assessed, which includes those that have a salvage value such as the ironwood tree,
And harvest restricted, which includes dead plants, those subject to harvesting, and those subject to over-cutting such as the mesquite tree.

It directed the Commission of Agriculture & Horticulture to adopt regulatory rules and enabled county and local governments to adopt and enforce ordinances to protect native plants. The legislation specified criminal and civil penalties for violations.

The bill also established the Arizona Protected Native Plant Fund, funded by fees, civil penalties, and other monies collected under the program. It was a “90/10” fund: 90% of funds were for the Commission to administer the program, while 10% was turned over the general fund.

Carnegiea gigantea – Saguaro Arizona Highways, March 2020

The same year, in Laws 1989, chapter 162 (PDF page 658), the Legislature created the Arizona Department of Agriculture and assigned it responsibility for native plant protection. The new Department of Agriculture was scheduled to launch on January 1, 1991. You can browse the Department of Agriculture’s Division of Native Plants on their website.

Tinkering in the 1990s

Opuntia Engelmanni – Engelmann’s prickly-pear
Arizona Highways, March 1973

Laws 1990, Chapter 374 (PDF page 481) was an omnibus Department of Agriculture bill but did not make policy changes affecting native protected plants. Laws 1993, Chapter 170 (PDF page 856) clarified provisions regarding destruction of native plants when it occurs in the normal course of mining, commercial farming, stock raising operations, and normal and routine maintenance of improvements. Laws 1996, Chapter 102 (PDF page 555) directed civil penalties paid for violations to the State’s General Fund. Laws 1997, Chapter 228 (PDF pages 38-39) changed the Arizona protected native plant fund from a 90/10 plan and authorized the Director of the Department of Agriculture to administer all deposited monies. Laws 1997, Chapter 233 (PDF page 85) reconciled inconsistent enactments affecting the Arizona protected native plant fund.

Into the 2000s

Pinus aristate – Bristlecone pine Arizona Highways, October 1988

Laws 2000, Chapter 360 (PDF page 335) added a new section, 3-916, allowing homeowners associations and other community-based nonprofits to collect and salvage native plants without obtaining a permit under certain circumstances. The idea was back two years later in Laws 2002, Chapter 38 (PDF page 118) to limit the permit to unincorporated area of the county or city where they are salvaged and make other technical changes.

Laws 2004, Chapter 301 (PDF pages 413-428), was a Department of Agriculture omnibus act. It made technical changes to the provisions governing Arizona native plants and added additional protection for imported protected native plant species. Laws 2005, Chapter 173 (PDF page 610) was another omnibus agricultural act which changed the Director’s rulemaking responsibilities and adopted specific protections for saguaro cacti.

The administrative rules in effect today were adopted in 1987 and have been amended to reflect new legislation. See Arizona Administrative Code rules R3-3-1101 through R3-3-1111 and Appendix A (PDF page 43). You can review the list of Protected Native Plants in Appendix A.

Many of our most familiar plants are protected by the law: the saguaro, blue palo verde, pincushion cacti, Arizona willow, organ pipe cactus, and desert poppy. Many more made the list, as well: check out Grizzly bear prickly-pear, Goodding’s onion, Fish Creek fleabane, Welsh’s milkweed, smoketree, and Thurber’s bog orchid! We’re just glad that someone who remembers the Latin names is keeping track and protecting this living heritage for all of us.

Whitewater Draw, Arizona Highways, May 2022

It’s Rattlesnake Season

On April 12, 2022October 5, 2022 By The State Library of ArizonaIn Arizona, Fun, Reading Arizona, Resources

Here’s a shout-out to some of Arizona’s beautiful and fascinating creatures.

Now is the time of year when rattlesnakes are active during daylight hours, enjoying the beautiful sunny spring weather, warming up after a winter of brumation. As the weather gets hotter, they become more active at night. They are experts at camouflage, so watch where you walk, reach when you are in their natural habitat. Keep a close eye on your curious dog as well. It’s a good idea to carry a flashlight at night and keep the volume low on your earbuds so that you might hear the tell-tale sign of their warning rattle.

Living with Rattlesnakes, Arizona Game and Fish Department

The Arizona Game and Fish Department website Living with Rattlesnakes provides help in identifying Arizona’s rattlesnake species. Searching the Arizona State Parks website for ‘rattlesnakes’ gets you information on where you might see them during your explorations.

The State of Arizona Research Library has many resources on rattlesnakes. Those online and on the Arizona Memory Project include advice on how to be safe around venomous reptiles, scientific studies from the Arizona Game & Fish Department, photographs, and publications from the United States Geological Survey on reducing rattlesnake-human conflicts. Our print collection offers books and reports on species of rattlesnakes, ecology and other scientific studies, stories and reminiscences from Arizona history, and federal publications.

April typically an active month for rattlesnakes, Arizona Game and Fish Department

Reading Arizona offers free eBooks and audiobooks. Rattlesnake resources include children’s books, scientific guides, Arizona history, and rattlesnakes as characters in novels!

If you are bitten by a rattlesnake, call 911 or head to the nearest emergency room as soon as possible. Envenomated pets should be immediately transported to the nearest emergency veterinary clinic. Do not bring the rattlesnake with you. Medical personnel do not need the rattlesnake to know how to treat the patient- the same antivenom is used regardless of the rattlesnake species. Do not cut open or suck on the puncture wounds and do not use a tourniquet. All of these are old-wives’ tales that are no longer supported by medical research.

Also, please don’t do this:

Or this: