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Tuesday, May 12, 2009

Ind. Law - Reactions to Governor's vetos of HEA 1348 and SEA 209 [Updated]

Supplementing this entry from earlier this afternoon, here are reactions to the Governor's two (so far) vetoes:

SEA 209, which dealt with provisional ballots and voting centers. Recall these issues were the subject of much litigation last fall. Democratic election law expert Bill Groth writes in reaction to the Governor's veto message:

This is really infuriating. Even after signing into law the nation’s most restrictive voter ID bill, the Governor thinks we still don’t have enough protections against fraud. That’s just an excuse to veto a bill that broadened access by voters. SB 209 was a carefully crafted bipartisan compromise. I hope the Legislature will override this outrageous and irresponsible veto in the special session or at least on organization day in November.
And from Republican Secretary of State Todd Rokita:
How ironic it is that the one local government reform that actually passes the legislature ends up getting vetoed. Vote Centers is perhaps the only local government reform that so far has been proven unequivocally to save taxpayers money. I would expect, given the serious fiscal condition of the state, that the concept is important enough to find its way into the budget bill so that all 92 counties be given the opportunity to realize the unquestionable taxpayer benefits and savings.
HEA 1348, which dealt with energy conservation codes and standards, received this veto message:
While this bill does constitute good policy, it is completely superfluous. At my direction, the Indiana Fire Prevention and Building Safety Commission began months ago the process of updating the state energy code to promote conservation and environmental protection. Accordingly, the language of the bill would only serve to clutter the existing Indiana Code without adding in any way to our progress in these areas.
The bill’s author, State Rep. Ryan Dvorak (D-South Bend), has sent out a press release indicating that he plans to seek an override of the veto of HEA 1348:
The bill would require Indiana to update its energy efficiency codes for the construction of new commercial buildings. The existing energy efficiency code is nearly two decades old and fails to account for the latest in cost-saving features that are used in other states. “The updated code required by House Enrolled Act 1348 will not only cut energy consumption,” Dvorak said, “but also create jobs in the building trades and reduce overhead costs for Indiana businesses.”

Dvorak responded to the governor’s statement by saying that this bill is necessary when Indiana trails so far behind the rest of the nation in implementing energy conservation standards.

“Gov. Daniels said he has already begun the process of updating the state energy code,” Dvorak added. “However, the Governor’s efforts only began after the Legislature held hearings on Indiana’s lack of progress on the issue. As a result of those hearings, I filed legislation to require the state to act. Indiana has initiated this process in the past, but never followed through with changes. HEA 1348 would ensure that this time Indiana will complete its work by July 1, 2010.

“I am absolutely baffled by Gov. Daniels’ veto,” continued Dvorak. “We worked with his administration to incorporate their suggested changes to the bill’s language and never once did they testify in opposition to the legislation, much less threaten the veto of it. I will seek an override of Gov. Daniels’ veto to ensure these much needed changes finally occur.”

The final version of the bill passed the House by a vote of 91-0 and the Senate by a 47-2 margin.

[Updated on 5/13/09] Deanna Martin reports in her AP story this morning:
Daniels also vetoed a bill Monday that would have required the fire prevention and building safety commission to adopt by July 2010 one of two energy conservation codes for new commercial buildings and those undergoing significant modifications.

Daniels said the commission is already working to update the state's energy code.

"While this bill does constitute good policy, it is completely superfluous," Daniels said in his veto message. "The language of the bill would only serve to clutter the existing Indiana Code without adding in any way to our progress in these areas."

But Jesse Kharbanda, executive director of the Hoosier Environmental Council, said the law would have led to codes being adopted faster than if the issue were left to the traditional rule-making process. He said quickly adopting one of the codes would encourage businesses to install energy-efficient heating and cooling systems, windows and other systems.

"There was no guarantee that this would get done quickly if it was left simply to the rule-making process," Kharbanda said. "Our general view is that Indiana is moving at a glacial pace."

Posted by Marcia Oddi on May 12, 2009 06:16 PM
Posted to Indiana Law