Branstad vetoes transportation, indigent defense measures

Gov. Terry Branstad made good today on his pledge to use his veto pen to rid state government of what he considers to be bad budgeting practices.

The governor vetoed a one-year transportation spending plan that lawmakers sent him at the Senate's insistence, noting that he is insisting that lawmakers adopt a biennial budgeting approach that would chart state spending through fiscal year 2013. He also used his item-veto authority to reject a House-preferred approach to meet the state's unpaid obligations for indigent defense costs by delegating transfer authority to Branstad to move around nearly $20 million within the existing state budget to cover the costs.

Branstad said he took today's action to reinforce the need to return to fiscal responsibility and to end the bad budget practices of the past.

“As I have made clear, I strongly support an appropriate supplemental appropriation to pay these court-appointed indigent defense attorneys the money that is owed to them and will continue to work with the General Assembly to resolve this matter,” Branstad said in a letter accompanying his item veto of portions of Senate File 512. He said he was unable to approve the language that would have provided the governor with the specific authority to transfer funds to the office of the public defender for payment of court-appointed attorneys for indigent defense purposes.

“The language I disapprove attempts to end the current legislative stalemate over supplemental appropriations for the provision of indigent defense services administered through the State Public Defender's office,” he said.

Branstad noted that the transfer authority did not specify which department, institution or agency of the state should see a decrease in funds as a result.

“In other words, in order to comply with the provisions of Senate File 512 I would be asked to reduce by nearly $20 million the current appropriations in other state agencies to secure the resources necessary to transfer to the State Public Defender's office,” he said in his veto message. “This method is totally unacceptable and is a continuation of the numerous bad budgeting practices that has created the fiscal mess our state currently faces.”

Branstad said he would “strongly support an appropriate supplemental appropriation” to pay the state's indigent defense costs and would continue to work with the General Assembly to resolve the matter.

The governor also reiterated his insistence that the Legislature approve a two-year state spending plan to end bad budgeting practices “that were sending shockwaves” throughout the state in recent years due to revenue fluctuations that triggered mid-year funding adjustments and a 10 percent across-the-board cut in October 2009.

“As a first step toward predictability and stability to state budgeting, I have submitted to the Legislature a proposed biennial state budget that includes funding for both fiscal years 2012 and 2013 and have also submitted legislation to require the General Assembly and governor to adopt a biennial budget. It is my full expectation that the General Assembly will adopt budgets for all of state government for both fiscal years 2012 and 2013,” he said in his veto message for House File 642.