FROM THE DESK OF REPRESENTATIVE DE BOEF March 22, 2012
Supreme Court Issues Item-Veto Case Ruling Last week, the Iowa Supreme Court issued its decision on the Workforce Development Field Office Line-Item Veto lawsuit. The Court ruled against the Governor and stated that his vetoes were unconstitutional. The remedy of the ruling is that the portions of the Economic Development budget bill that were impermissibly vetoed did NOT become law, but that the other portions of the bill did. There is nothing in the Supreme Court decision that requires the closed Field Offices to reopen. This whole issue has blown up because the Democrats and the union folks were upset at the closing of 36 Workforce Development Offices around the State. Governor Branstad proposed closing many of the offices, and replacing them with a system of many kiosks located at public libraries and other public locations around the state where people could go for job information and job application, through the internet. The decision was in regard to the lawsuit AFSCME and a number of Democrat Representatives and Senators brought against Governor Branstad’s use of the item-veto for Senate File 517, the Economic Development Appropriation Bill. At issue was the Governor’s item-veto of three portions of the bill. Two of those provisions related to Workforce Development Field Offices and the other was related to a restriction of funds in administering a National Career Readiness Certificate (NCRC) Program. The Supreme Court ruled against the Governor on the two questions involving the Field Offices (affirming the lower court’s ruling) and against the Governor in the question of the NCRC program (reversing the lower court’s ruling). The Supreme Court found that both of the field office-related paragraphs were conditions of the appropriation, and thus unable to be vetoed without vetoing the appropriation as well. The Supreme Court found that the ‘definitions’ section of the bill, which provided for a definition of field office was inextricably linked to the appropriation, and thus could not be separated. The Governor had the authority to line-item veto an appropriation, but he was wrong in trying to transfer the funding to support the kiosk system, he has set up around the state. The Governor’s office argues that this ruling will invalidate the whole system of Workforce Development offices, putting 200 workers out of a job, and closing all the WFD offices around the state. They also maintain that the kiosk system fully implemented would save the state $6.5 million annually. Lastly, the Supreme Court reversed the portion of the lower court’s ruling that favored the Governor’s position, the portion dealing with the NCRC program. Senate File 517 had a section that stated that IWD could not spend any moneys appropriated to it for purposes of the NCRC program. The lower court thought this restriction was overly broad, and thus, able to be item-vetoed. The Supreme Court reversed this and stated it was not overly broad and could be vetoed. The Supreme Court did agree with the Governor on the remedy to the problem if, as the Supreme Court ruled, the vetoes were unconstitutional. The Supreme Court ruled to invalidate the entire item containing the appropriation. The lower court had ruled that “Senate File 517 became law as if the Governor had not exercised the item vetoes which were herein determined to be void.” This would have meant that the entire bill was
approved (including the definitions and restrictions on the appropriations). Instead, only the line-item vetoed sections of the bill were thrown out. Because a two-year budget was passed last year, these same provisions occurred later in SF 517 corresponding to the second year. The Supreme Court ruled that the second year item-vetoes were unconstitutional in the same way they were for the first year. Those corresponding sections were deemed not to have been passed into law. The Governor’s office filed an injunction with the Supreme Court to put a stay on its ruling, and the Supreme Court has agreed to hear arguments on the motion. When the judgment is entered by the lower court (this usually takes around 21 days), then it’s as if those vetoed sections of the bill never became law. Members from the House, Senate, and representatives of the Governor’s office continue to talk about the process to re-authorize funding for the affected areas. There is nothing in the Supreme Court decision that requires the closed Field Offices to reopen.
Hospitalization of Students Shows Need for Stricter K-2 Law Last week more Iowa high school students were sent to the emergency room after smoking K2. A few days later, the Iowa Senate chose not advance legislation passed by the House that was designed to protect Iowa’s kids from these deadly drugs. House File 2398 received unanimous support in the House and added more synthetic drugs to the list already classified as schedule I controlled substances. The bill goes further than legislation last year, which added some synthetic drug compounds, as well as salvia divinorum, to the list of schedule I controlled substances. Working with the Department of Public Safety, the Office of Drug Control Policy and the Pharmacy Board, HF 2398 expands the list by adding several hundred synthetic compounds. This issue first came to our attention last year, when an 18-year-old from Indianola David Rozga, committed suicide after smoking the synthetic substance known as K-2. Since his death his parents Mike and Jan Rozga, have led a campaign on the state & federal level, to ban synthetic marijuana, bath salts, salvia, and other dangerous compounds sold in convenience & novelty stores as incense. Teens know these mind-altering products can give them a high, and smoke then, causing great harm, in many cases. Last year, after the Governor signed legislation banning K2, many producers attempted to alter the synthetic compounds to avoid the law. Unfortunately, this led to many products on the market that may not have been covered under current law. HF 2398, rectifies that problem. Anyone who manufactures, delivers, or possess with the intent to deliver or manufacture these substances, or counterfeit substances, can be charged with an aggravated misdemeanor. An aggravated misdemeanor is punishable by a fine between $625 and $6,250 and up to two years of confinement. A person who is arrested for a first offense possession is guilty of a serious misdemeanor. A serious misdemeanor carries a fine between $315 and $1,875 and up to one year confinement. Countless people have been hospitalized after smoking synthetic drugs. Unfortunately, some have even died after smoking these drugs. The Senate’s failure to act promptly on this bill puts countless Iowans in danger and could lead to more emergency room visits as officials try to reign in these drugs. House Republicans are working hard to keep the bill alive and Iowa’s youth protected. Visitors at the capitol this week: Melanie Leaverton from Oskaloosa, with “Let Us Vote”. Nathan Fritchen, Ryan Vogel, David Jones, Darren Luers, Derek Von Ahsen, and Vic Rathje with Iowa and Keokuk County Farm Bureau. Principal Jason Alons & teacher Renee Van Kooten along with the 7th grade class of Oskaloosa Christian School.
