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Senate Journal: Page 1465: Wednesday, April 26, 2000

  May 23, 2000

  The Honorable Chester Culver
  Secretary of State
  State Capitol
  L O C A L

  Dear Mr. Secretary:

  I hereby transmit Senate File 2452, an act relating to public expenditure
  and
  regulatory matters, making appropriations, and including effective date and
  retroactive applicability provisions.

  Senate File 2452 is the annual standing appropriation bill and provides for
  many
  technical changes and corrections in numerous bills passed during this
  session.  The
  bill provides for a two percent increase in fiscal year 2002 for county
  mental
  health/mental retardation/developmental disabilities appropriation.  The
  bill also
  provides for a new program to pay death benefit claims for volunteer fire
  fighters,
  emergency medical care providers, and emergency rescue technicians who are
  killed in
  the line of duty.

  I am unable to approve the item designated as Section 19 in its entirety.
  This
  section establishes a Microsoft Settlement Fund and requires that the
  state's portion of
  any monies paid to the state by Microsoft in settlement of its federal
  antitrust lawsuit
  be deposited into this fund and used only as appropriated by the general
  assembly.  In
  previous years, including the current year, the legislature has authorized
  the
  Department, in the Department of Justice appropriation bill, to retain
  damages, costs
  and attorney fees awarded to the state in antitrust cases.  These monies are
  held in a
  nonreverting fund that is to be used exclusively for the enforcement of the
  Iowa
  competition law.  While the state's antitrust litigation against Microsoft
  does not
  include a request for monetary damages, the Department of Justice has
  incurred
  significant costs in the case, and the Department will seek to recover these
  costs and
  attorneys fees for this time from Microsoft.  These costs should be placed
  in the
  antitrust fund like all other antitrust cases - not in a separate fund.

  I am unable to approve the item designated as Section 30 in its entirety.
  This
  section strikes, in Senate File 2453, the opportunity for the Department of
  General
  Services to include a recommendation of long-term leases from the study for
  additional
  facilities for state agencies.  This elimination unnecessarily limits the
  options available
  for the Department to include in the study.

  I am unable to approve the item designated as Section 78 in its entirety.
  This
  section makes a technical amendment to House File 2486 that deals with
  residency
  requirements to obtain fishing and hunting licenses.  However, HF 2008,
  which was
  approved by the Legislature, corrected the deficiency.  Therefore, the
  amendment in
  Senate File 2452, Section 78, is inaccurate and should be removed.

  For the above reasons, I hereby respectfully approve Senate File 2452 with
  the
  exceptions noted above.

  Sincerely,
  THOMAS J. VILSACK
  Governor

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