Governor Kulongoski Issues Vetoes for 2007 Legislative Session
Salem – Today, on the last day to take action on legislation passed during the 2007 session, Governor Kulongoski line-item vetoed two appropriations bills and returned one policy bill to the Secretary of State unsigned and disapproved.
Pursuant to Article V, Section 15a of the Oregon Constitution, the Governor returned Senate Bill 994 and Senate Bill 5549 to Secretary of State Bill Bradbury with the following sections disapproved:
Senate Bill 994, Sections 2 and 3
Senate Bill 994, Section 5
Senate Bill 5549, Section 8
Senate Bill 5549, Section 16, subparagraph (2)
The provisions of Senate Bill 994 and Senate Bill 5549 that the Governor vetoed relate to two issues: the Oregon Museum of Science and Industry (OMSI) and the Oregon Emergency Communications Account.
The first issue is a transfer of $4.6 million from the Energy Trust of public purpose charges collected from customers of Portland General Electric to OMSI and a related disappropriation of $1.5 million that had been previously appropriated for OMSI to assist the museum with the repayment of a 1991 loan from the Department of Energy. These provisions are in sections 2 and 3 of Senate Bill 994 and in Section 16 of Senate Bill 5549.
“It is critical to the future stability and success of OMSI to resolve the financial burden and uncertainty created by this outstanding loan,” the Governor wrote in a letter to Secretary Bradbury. “Unfortunately, the use of public purpose charge funds for this purpose is inappropriate…Because I believe this use of the public purpose charge is in appropriate, I have made the difficult decision to line item veto Sections 2 and 3 of Senate Bill 994.”
The Governor reiterated his commitment to assisting OMSI with their loan repayment, applauding, “legislative leadership, the co-chairs of the Ways and Means Committee, OMSI, PGE, the Energy Trust, the Citizens Utility Board, the League of Oregon Cities, the City of Portland, Associated Oregon Industries, and other interested parties that have been working together to craft a solution to OMSI’s current financial difficulty.”
“To that end, I have taken several steps within my authority to assist OMSI,” the Governor continued.
As the letter details, the Governor’s line item veto of Section 16 of Senate Bill 5549 restores $1.5 million within the Department of Energy’s budget, which will be used by DOE to assist OMSI. At the Governor’s request, DOE will reduce OMSI’s loan by $400,000, and the Governor will allocate $400,000 from the Governor’s Strategic Reserve Fund. The Governor has also directed DOE to write off the accrued interest on the loan, which is approximately $3 million.
“These actions will go a long way toward bridging the current gap in OMSI funding. Legislative leadership and the co-chairs of the Ways and Means Committee, OMSI and other interested parties have been working together and will continue to work collaboratively to bridge the remaining gap,” the Governor wrote. “I am very thankful for the hard work and commitments made by our partners in this effort. Together we can assure the ongoing strength and viability of OMSI.”
The second issue in Senate Bill 994 is a transfer of $9 million from the Emergency Communications Account to the General Fund and an appropriation in Section 8 of Senate Bill 5549 of $9 million from the General Fund to the Emergency Board for potential allocation to the Oregon Wireless Interoperability Network (OWIN).
“The veto of this transfer is in no way meant to negate the continued investment in OWIN,” the Governor wrote to Secretary Bradbury in the same letter. “I have vetoed the transfer of $9 million because it is important that funds collected from telecommunications customers for enhancements to the 9-1-1 emergency response system to be used for the purposes established in the applicable statutes.”
The Governor included funding for OWIN in his recommended budget and the legislature appropriated $6 million for the state to begin the initial planning stage for a statewide interoperability communications network. The Governor remains committed to moving this initiative forward.
“Providing interoperable communications to police, firefighters and other responders throughout the state is a critical need,” the Governor wrote. “But shifting revenue that is desperately needed for 9-1-1 services throughout Oregon is not the way to start funding OWIN.”
In a second letter to Secretary of State Bill Bradbury, the Governor outlined his reasons for returning Senate Bill 1039 unsigned and disapproved, pursuant to Article V, Section 15b of the Oregon Constitution.
Senate Bill 1039 would create a permanent committee to oversee state agency performance and to assess performance “excellence”, which would consist of eleven members from both the legislative and executive branches of government.
“I applaud the goals of Senate Bill 1039. Government programs must be efficient, accountable and closely examined to ensure that the public’s money is wisely spent and that Oregonians receive quality service from their government,” the Governor wrote. “My concerns do not relate to the goals of the bill; rather my concerns relate to the process of achieving those goals.”
As the Governor noted in his letter, the Governor, as head of the executive branch of government, is responsible for the administration of state government, including the performance and evaluation of state agency directors and programs.
“My veto of Senate Bill 1039 is motivated by my respect for the separate and equally important roles that our Constitution assigns to the different branches of government,” the Governor continued. “The review and analysis of agency administration can and must be accomplished by the executive branch in consultation with the other branches of government. I do not believe that the creation of a new government entity which blurs the lines between the exercise of Constitutional functions of the different branches of government is the best or most effective way of accomplishing these important goals.”
The Governor outlined recent actions the executive branch has taken to strengthen performance measurements and accountability within state government, and directed the Department of Administrative Services to work with their counterparts in the Legislative Fiscal Office and Jjudicial branch to continue to improve the alignment of performance measures with the budget process.
“I would like to thank the sponsors of Senate Bill 1039 for their dedication to performance excellence and government accountability,” the Governor wrote in closing. “These are important issues. Working together we can assure that Oregonians enjoy efficient, responsive and accountable government.”
For a copy of the Governor’s letter on Senate Bill 1039, go to:
http://governor.oregon.gov/Gov/2007_Legislative_Session/2007_Session_Correspondence.shtml
Contact:
Anna Richter Taylor: 503.378.6169
Rem Nivens: 503.378.6496
Kristina Edmunson: 503.378.5040
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