May 17, 2000

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

Dear Mr. Secretary:

I hereby transmit House File 2552, an Act appropriating funds to the Justice system, making related statutory changes, and providing an effective date.

Safe communities are a priority of all Iowans, and I am pleased that this bill provides additional opportunities to move closer to this goal. Notable achievements in this bill include: four new narcotics agents to continue the fight against the illegal drug markets in our communities, additional criminal laboratory personnel to work toward more timely processing of criminal evidence, and new fire inspectors to assure that fire and safety code standards are followed. Within the Department of Corrections budget, many efforts also were included to ensure safer communities for all Iowans. This is evidenced by the expansion of drug courts to stop the cycle of the non-violent drug offenders, the addition of 20 new Community Based Corrections personnel to help monitor those on probation and parole, funding for the new Community Based Corrections beds, as well as for beds added at the recently expanded Fort Dodge and Mitchellville prison facilities.

House File 2552 is, therefore, approved on this date with the following exceptions, which I hereby disapprove.

I am unable to approve the items designated as Sections 6, 23, and 28 in their entirety. Section 6 appropriates funds for educational and vocational programming from the inmate telephone rebate fund. Section 23, also regarding the inmate telephone rebate fund, would only allow expenditures by the legislative appropriation process. While I agree with the intent of using funds from inmate telephone rebates for educational and vocational programs, the Department of Corrections has, since 1998, used telephone rebate funds well above this level for educational and vocational projects. The Department of Corrections, with oversight from the Board of Corrections will continue in the coming fiscal year to utilize the authority to spend telephone rebate funds for educational and vocational programs that are for the benefit of inmates, without the need for a specific legislative mandate to do so. The Department will expend in excess of the $300,000 identified by the legislature for educational and vocational programs in both fiscal years 2000 and 2001. To improve oversight of these expenditures in the past year, I asked the Board of Corrections to review all projects prior to departmental action. At this time, it appears that the process is working well and I see no need to approve this additional legislative mandate. Section 28 sets the enactment date for Section 23, therefore, is not needed.

I am unable to approve the designated portion of Section 21. This item limits the time frame for any building plan review process to within sixty days of submission of the plan. Unless otherwise acted upon, this language would mandate that all plans automatically be approved after the expiration of the sixty-day period. I do not think it is wise governmental policy to have plans deemed automatically approved because of the elapse of an arbitrary time frame. Building access and safety codes should not be compromised, or deemed approved, without the necessary review.

However, the expectation of a sixty-day turnaround is a proper goal. Therefore, although I will veto this section, I also am directing the Department of Public Safety, Fire Marshal Office Division, to submit for approval by administrative rule a sixty-day turnaround on building plan reviews, and offer a 'money back guarantee,' if they are unable to meet the deadline.

For the above reasons, I hereby respectfully approve House File 2552 with the exceptions noted above.

Sincerely,

Thomas J. Vilsack
Governor

TJV:jmc

cc: Secretary of the Senate
   Chief Clerk of the House

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Last update: THU May 18 2000
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