Homan v. BranstadAnnotate this Case
On July 27, 2011, the Governor item vetoed several provisions in an appropriations bill passed in the General Assembly. Primarily at issue was $8.66 million the legislature appropriated in section 15 for the operation of Iowa Workforce Development (IWD) field offices. The Governor, without vetoing that appropriation, item vetoed (1) section 15(3)(c), prohibiting the closure of field offices; (2) section 15(5), defining "field office" to require the presence of a staff person; and (3) section 20, restricting use of IWD appropriations for the national certificate program. The district court upheld the item veto of section 20 but declared invalid the item veto of section 15(3)(c) and 15(5). The Supreme Court affirmed in part and reversed in part, holding (1) the Governor's item vetoes of section 15(5) and section 20 did not comply with the item-veto amendment of the state constitution because the Governor unconstitutionally item vetoed "conditions or restrictions" on the appropriations without vetoing the accompanying appropriations; and (2) when the Governor impermissibly item vetoes a condition on an appropriation during the pocket veto period, the appropriation item fails to become law. Remanded for entry of judgment invalidating sections 15 and 20 of the bill.