House Journal: Page 1571: Monday, April 17, 2000
Senate File 2079, an act relating to the prohibition of shipping or importing into the
state, or the offering for sale, selling, transporting, distributing, or possessing within
the state, of cigarettes and tobacco products which were previously exported from or
which are manufactured for use outside the United States, making penalties
applicable, and providing an effective date.
Senate File 2366, an act relating to the purchase, possession, and sale of cigarettes
and tobacco products and providing penalties.
GOVERNOR'S VETO MESSAGE
A copy of the following communication was received and placed on
file:
April 14, 2000
Michael Marshall
Secretary of the Senate
State Capitol Building
L O C A L
Dear Mr. Marshall:
I hereby transmit Senate File 2274, an act declaring Executive Order number 7 and
Executive Order number 11, enacted by this office on September 14, 1999, null and
void.
I am unable to approve Senate File 2274 and hereby transmit it to you in
accordance with Article III, Section 16, of the Constitution of the State of Iowa.
I am profoundly disappointed that the legislature has chosen to invest valuable
state resources to draft, debate, and pass this bill. I have made it very clear from the
outset that Executive Order number 7 and Executive Order number 11 constitutes
good state policy and are constitutionally sound.
Both orders constitute the appropriate exercise of gubernatorial authority under
Iowa law. Executive Order number 7 does not depart from the policy expressly stated
in the Iowa Code, which states that "it is the policy of this state to provide equal
opportunity in state employment to all persons."
It is unnecessary to submit the provisions set out in Executive Order number 7 to
the general assembly for legislative approval. Any attempt by the legislature to
portray this order as clandestine legislation fails to recognize that the executive branch
may adopt policies that administer state statutes when such administration does not
contravene those statutes. It also ignores the fact that the Iowa Senate followed a
similar legal interpretation when it redrafted the Legislative Council's Affirmative
Action Policy to provide protection to persons, regardless of sexual orientation, without
presenting the new policy to the governor for approval through the ordinary course of
the legislative process.
© 2000 Cornell College and
League of Women Voters of Iowa
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Last update: Tue Apr 18 13:35:00 CDT 2000
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