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House Journal: Page 2257: Tuesday, June 3, 2003

I am unable to approve the item designated as Section 103 in its entirety. This
section places sanctions based on the performance, or lack of performance, on outcomes
for young children. This appears to set the stage for increased pressure of
inappropriate assessment of young children as well as unrealistic expectations on
Community Empowerment Areas to show a percent of improvement. In addition, the
language regarding penalties by a reduction in funds for not meeting an established
percent improvement does not support the purpose or intent of Community
Empowerment.

I am unable to approve the items designated as Sections 106, 107, and 153 in their
entirety. This language would change the merit status of the Iowa Law Enforcement
Academy's director. This change is punitive and unnecessarily would destabilize the
position and the work of the director.

I am unable to approve the item designated as Section 110 in its entirety.
American justice requires that those wrongly injured by the negligence of others have
the right to fully recover any damages for their injuries. No system of justice can
reverse the physical effects of an injury, but justice can be served when an injured
party is made financially whole. Section 110 creates a privileged class of wrongdoers -
those who hurt an injure attendees at a county fair. Efforts to create such a special
class of wrongdoers that is immune from suit in a budget bill adds insult to injury.

I am unable to approve the item designated as Section 133 in its entirety, which
will allow the sanitary landfills with an active methane collection system to accept
yard waste. This action will be a major step backwards for integrated solid waste
management creating a need for communities to expand existing facilities or find new
property for landfills. Yard waste is best managed at a composting facility and is one
of the keys in improving Iowa's water quality. Collecting methane from landfills is still
relatively inefficient. As urged by numerous recycling groups who support integrated
solid waste management, pollution is best prevented by not disposing of yard waste at
a landfill.

I am unable to approve the item designated as Section 145 in its entirety. This
proposed language undermines the existing process that already exists in Code of Iowa
(904.76) authority to sell land. This process can be utilized for any possible land
purchases and must be maintained to ensure the security needs and future long-term
needs of the department that may arise.

I am unable to approve the item designated in Section 146 in its entirety. This
language directs the Department of Revenue and Finance to pay a claim that has been
denied. An appeal was heard and a decision rendered denying the claim. The integrity
of the State Appeal Board must not and will not be compromised.

I am unable to approve the item designated as Section 147 in its entirety. This
language directs the State Appeal Board to pay a claim that had been denied. The
Department of Education previously denied the claim. No appeal was filed and the
time expired to do so. The integrity of the State claims process must not and will not
be compromised. This section appears to infringe on the authority of the executive
branch and State Appeal Board.

I am unable to approve the item designated as Section 151. This section provides
funding from team-based variable pay moneys for a reading instruction pilot program.


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