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Senate Journal: Page 1458: Wednesday, April 26, 2000

  S.F. 2447 - Relating to public improvements and providing financial
  assistance to
  communities and school districts by creating a school infrastructure program
  and fund,
  continuing the community attraction and tourism program and fund, creating a
  vision
  Iowa board, creating a vision Iowa program and fund, providing bonding
  authority to
  the treasurer of state, and exempting certain income from taxation.
  Approved 5-9-00.

  S.F. 2455 - Relating to eligibility for United States armed forces retired
  special
  motor vehicle license plates.  Approved 5-3-00.

  S.F. 2459 - Relating to the deadline for municipalities to file annual
  financial
  reports for urban renewal areas.  Approved 5-3-00.

  GOVERNOR'S VETO MESSAGE

  May 23, 2000

  The Honorable Chester Culver
  Secretary of State of Iowa
  State Capitol
  LOCAL

  Dear Mr. Secretary:

  I hereby transmit Senate File 2427, an act relating to the definition of
  factory-built
  structures, the relocation of factory-built structures, the certification of
  installers of
  manufactured homes and providing for a fee, an appropriation, and a civil
  penalty.

  I am unable to approve Senate File 2427 and hereby transmit it to you in
  accordance with Article III, Section 16, of the Constitution of the State of
  Iowa.

  Senate File 2427 amends Iowa Code chapter 103A dealing with the State
  Building
  Code.  It expands the definition of factory-built structures to include
  mobile homes,
  manufactured homes and modular homes and requires installers of these
  structures to
  be certified by the Commissioner of Public Safety.  It also provided for the
  assessment
  of a civil penalty for violations of the act.

  The act also contains a provision which reads:

  A person who is injured in person or property by reason of another person's
  violation of any of the standards adopted pursuant to this chapter for the
  installation of a manufactured home may bring a civil action for actual
  damages against the violator.

  While I am supportive of the provisions requiring certification of
  installers and
  enforcement of this process, I am unable to approve the bill as a whole.
  The above
  language is ambiguous.  Based upon prior court decisions, it is reasonable
  to believe
  that a court would interpret this language to preclude an award of punitive
  damages.
  This bill was intended to increase consumer protection and I do not want to
  put
  consumers at risk of losing the ability to pursue remedies that currently
  exist under
  law by signing it into law.

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