April
29, 2010
The
Honorable Michael Mauro
Secretary
of State
L
O C A L
Dear
Mr. Secretary:
I hereby transmit Senate File 2378, an
Act relating to and making appropriations to the justice system, modifying
certain traffic offenses, fees and fines, and including effective date
provisions. Senate File 2378 is approved
on this date, with the exceptions noted below, which I hereby disapprove.
I
am unable to approve the item designated as Section 4, subsection 5 of the bill
in its entirety. This provisions calls for the Department of Corrections
to eliminate the chief security officer position. The funding for this
position has already been eliminated as a result of budget cuts and this
language is unnecessary.
I am unable to approve the item
designated as Section 5, subsection 6 of the bill in its entirety. This
provision would require all Community Based Correctional (CBC) Facilities to
accept offenders transferred from other judicial districts without
consideration of evidence-based practices regarding supervisory status. I disapprove
this language to assure that each CBC facility will maintain control of the
types and numbers of offenders whom they serve in their respective residential
programs.
I also am unable to approve the related
section designated as Section 17 of the bill in its entirety. This section creates an
effective-upon-enactment date for the item above (Section 4, subsection 5)
related to the elimination the Department of Corrections chief security officer
position.
I am also unable to approve the item
designated as Section 18, subsection 3, lettered paragraph “ag”
of the bill in its entirety. This language creates two different fines for
violations of Iowa Code section 321.437 related to rear view mirrors and side
view mirrors and conflicts with subsection 12, lettered paragraph “b” of the
bill. This disapproval will correct the inconsistency immediately rather than waiting
for the next legislative session to take corrective action.
For
the above reasons, I respectfully disapprove the designated items in accordance
with Article III, Section 16 of the Constitution of the State of
Sincerely,
Governor
cc: Secretary of the Senate
Chief Clerk of the House
cjc:rco