Junkins v. Branstad

448 N.W.2d 480, 1989 Iowa Sup. LEXIS 341, 1989 WL 141487
CourtSupreme Court of Iowa
DecidedNovember 22, 1989
Docket88-1791
StatusPublished
Cited by7 cases

This text of 448 N.W.2d 480 (Junkins v. Branstad) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Junkins v. Branstad, 448 N.W.2d 480, 1989 Iowa Sup. LEXIS 341, 1989 WL 141487 (iowa 1989).

Opinions

SCHULTZ, Justice.

In this appeal plaintiffs, state legislators, seek to have the Governor’s veto of section 27 of Senate File 570 declared unconstitutional.

In May 1985 the 71st General Assembly passed Senate File 570 entitled:

AN ACT making corrections and other changes relating to court reorganization, court fees, court-imposed fines and costs and the suspension of motor vehicle licenses and the setoff of income tax refunds and rebates, administrative closures under chapter 601A, the ability to pay a criminal fine, the judicial retirement system, and other court procedures and making certain procedures retroactive.

1985 Iowa Acts eh. 197. Defendant, Governor Terry E. Branstad, invoking the authority of article III, section 16 of the Iowa Constitution, vetoed section 27 of Senate File 570. This section increased the amount that Iowa judges must contribute to the judicial retirement fund as mandated by Iowa Code section 602.9104(1) (1985).

Plaintiffs filed a petition seeking a declaratory judgment against Governor Bran-stad. They claim that his item veto of section 27 exceeded the authority granted him by article III section 16 of the Iowa Constitution. Plaintiffs assert that while this provision allows the governor to “disapprove any item of an appropriation bill," Senate File 570 is not an appropriation bill.

While this case was still pending in the district court, the 71st General Assembly [482]*482enacted legislation which returned the judge’s retirement fund contributions to the level in effect prior to the passage of Senate Pile 570. This legislation was signed into law by Governor Branstad and became effective July 1, 1986 on a prospective basis only. See 1986 Iowa Acts ch. 1243, § 35 (codified at Iowa Code § 602.9104(1) (1987)). In addition, the General Assembly passed Senate File 2175, which defined an appropriation bill as “a bill which has as its primary purpose the making of appropriations of money from the public treasury.” 1986 Iowa Acts ch. 1245, § 2011 (codified at Iowa Code § 3.4 (1987)).

Because of this new legislation, the district court granted the Governor’s motion for summary judgment, concluding that the case was moot. Plaintiffs appealed that judgment. This court, in Junkins v. Branstad, 421 N.W.2d 130 (Iowa 1988) {Junkins I), reversed the summary judgment for defendant and remanded the case to the district court for further proceedings. We held that the 1986 legislation did not resolve -the issue for the period beginning July 1, 1985 and ending July 1,1986. Id. at 133. In addition, we stated that the determination of what is an appropriation bill under the Iowa Constitution, notwithstanding the legislative definition, is a matter for the courts. Id. at 135.

On remand, the district court overruled plaintiffs’ application for separate adjudication of law points and motion for summary judgment. The case was tried to the court in 1988. The trial court held that a bill which contains a single appropriation is an appropriation bill for purposes of the governor’s item veto power and that sections 25, 27, 37, and 47 of Senate File 570 each contain an appropriation. The court therefore concluded that Senate File 570 was an appropriation bill subject to the governor’s item veto power under article III section 16 of the Iowa Constitution. Plaintiffs appeal this ruling. We affirm.

On appeal plaintiffs present three issues for consideration. They claim that the trial court erred when it (1) overruled their application for adjudication of law points and motion for summary judgment, (2) concluded that Senate File 570 contains an appropriation and (3) concluded that Senate File 570 was an appropriation bill within the meaning of article III, section 16 of the Iowa Constitution.

I. Application for Adjudication of Law Points and Motion for Summary Judgment. An application for adjudication of law points and a motion for summary judgment are appropriate only when the issue in question should be decided by the court as a matter of law rather than presented to the factfinder. Kriv v. Northwestern Sec. Co., 237 Iowa 1189, 1195, 24 N.W.2d 751, 754 (1946). At issue in this case is whether Senate File 570 should be considered an appropriation bill so to make it subject to the governor's item veto power.

The trial court accepted the defendant’s position that further discovery was needed and that there were genuine fact issues to be decided. While we have said that courts should permit discovery to learn the facts to better apply the appropriate substantive rule of law, Carter v. Jernigan, 227 N.W.2d 131, 136 (Iowa 1975), the only questions remaining here are questions of law. In Junkins I we stated that this declaratory judgment action involves a determination of the scope of the governor’s constitutional authority. 421 N.W.2d at 134. We said that the determination of what was an appropriation bill was a question for the courts. Id. at 135. Therefore, whether Senate File 570 is an appropriation bill is an issue of constitutional analysis which presents a question of law for the courts. The court must rule on the legal points raised in a pleading. Iowa R.Civ.P. 105; Iowa Bankers v. Iowa Credit Union Dep’t, 335 N.W.2d 439, 448 (Iowa 1983). The trial court, therefore, erred in overruling plaintiffs’ motion for summary judgment and application for adjudication of law points.

Our review of the record solidifies our conclusion that the additional evidence received was unnecessary to the court’s result. The evidence generally addressed legal issues and undoubtedly was of some [483]*483aid to the court. The court referred to some of the witnesses’ testimony but arrived at its own conclusions of law. In view of the court’s ultimate, well-reasoned rulings on those legal issues, the error in overruling plaintiffs’ motions is harmless.

II. Definition of an Appropriation Bill. Our state constitution allows a governor to veto an entire bill or to veto items of an appropriation bill. Iowa Const, art. Ill, § 16. As to an item veto, section 16 states in part:

The governor may approve appropriation bills in whole or in part, and may disapprove any item of an appropriation bill; and the part approved shall become a law....

However, the term “appropriation bill” is not defined.

The parties do not agree on the meaning of the term “appropriation bill.” The Governor takes the position that a legislative bill that contains a single allocation of revenue to a specific fund is an appropriation bill. The plaintiffs claim, however, that an appropriation bill must deal with more than the collection and deposit of funds; they urge that the bill must authorize the expenditure of money out of those funds. They also challenge the single allocation theory, maintaining that an isolated appropriation in a bill does not turn it into an appropriation bill.

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Junkins v. Branstad
448 N.W.2d 480 (Supreme Court of Iowa, 1989)

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Bluebook (online)
448 N.W.2d 480, 1989 Iowa Sup. LEXIS 341, 1989 WL 141487, Counsel Stack Legal Research, https://law.counselstack.com/opinion/junkins-v-branstad-iowa-1989.