Rush v. Ray

SCHULTZ, Justice.

In this appeal a legislator challenges the legality of the Governor’s action exercising his item veto power. The basic issue is whether use of the governor’s item veto power to eliminate a provision in an appropriation bill which prohibits the expenditure or transfer of appropriated funds from one department of state government to another is proper. The trial court held that such a veto is proper. We conclude such a provision is a qualification or limitation on the appropriation, rather than an item, and reverse.

During the 68th session of the Iowa General Assembly, the…