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Senate Journal: Page 1181: Monday, April 17, 2000

  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

  I am profoundly disappointed that the legislature has chosen to invest
  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
  constitute good
  state policy and are constitutionally sound.

  Both orders constitute the appropriate exercise of gubernatorial authority
  Iowa law.  Executive Order number 7 does not depart from the policy
  expressly stated
  in the Iowa Code, which states that "[i]t 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
  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.

  Executive Order number 11 also constitutes a valid exercise of gubernatorial
  authority.  Iowa law permits state agencies to waive their enforcement of
  agency rules
  in compliance with state and federal law.  A number of state agencies
  currently issue
  waivers under certain circumstances.  As the supreme executive magistrate
  for the
  state, the holder of this office possesses the legal authority to direct
  executive branch
  agencies to adopt a common waiver provision.  By signing Senate File 2274
  into law, I
  would disrupt the balance between our two branches of government by
  authority vested within the executive branch.

  The executive orders send a clear message that all persons within the
  branch of state government will be afforded an equal opportunity in
  They also ensure that individuals and businesses will benefit from an
  economical, and responsive state government.

  For the above reasons, I hereby respectfully disapprove of Senate File 2274.

  Thomas J. Vilsack


  The Chair welcomed the following visitors who were present in the
  Senate gallery:

  Middle school students from Oelwein, Iowa.  Senator Rehberg.

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