Gov. should sign legislation to pay Iowans the money they are owed

Senator Rob Hogg of Cedar Rapids

Today the Iowa Senate made two more attempts to pay the state’s bills for indigent defense services.

First, the Senate unanimously amended Senate File 512 to provide supplemental funding to pay for the services in response to Governor Branstad’s threatened veto of a House Republican proposal.

Later, after the House Republicans refused that approach, the Senate unanimously approved legislation allowing the Governor to transfer funds to pay the bills, as passed by the House. The bill, Senate File 512, now goes to Governor Branstad’s desk awaiting his decision.

“Governor Branstad should sign this bill so that hundreds of Iowans – court-appointed lawyers, court reporters, investigators, interpreters, and their employees – can get paid and pay their bills,” said Senator Rob Hogg, the bill’s floor manager. “The Senate has tried everything to get these bills paid.”

“Today, I received an email from a court-appointed lawyer in Cedar Rapids who has not been paid since February 22. She told me she was forced to visit a food bank because she is out of money. These are real Iowans running real businesses who have real bills to pay. In the Senate, we believe it is time for the state to pay its bills.”

Legislative Background:
On February 17, the Senate unanimously approved Senate File 209, a supplemental appropriation to fund indigent defense and restore cuts to public health, public safety and community colleges. It also included “coupling” to conform the Iowa tax code to federal changes in order to help taxpayers complete their 2010 taxes.

The House responded by amending that legislation to include a host of other partisan issues. Since early March, the bill has been in conference committee where no agreement has been found.

The Senate approved Senate File 512 on March 22 by a bipartisan vote of 36-12. It would simply pay the indigent defense bills through a supplemental appropriation.

On March 31, the House amended Senate File 512 so that the indigent defense bills would be paid through a transfer from existing programs, and added tax coupling. In media statements that same day, Governor Branstad objected to using a transfer to pay the state’s bills and insisted that the unpaid bills be funded by a supplemental appropriation instead.

This morning, the Senate voted 50-0 to amend Senate File 512 so it would conform to the Governor’s wishes. Later in the day, the House refused to accept that amendment on a 58-38 party line vote.

Although it is not the Senate’s preference, in the face of the House’s rejection of the Senate amendment, the Senate approved the House version for transfer authority on a vote of 49-0.

Governor Branstad will either sign or veto the legislation. If he vetoes the bill, the Senate will continue to work to make the state of Iowa pay its bills.