Attorney General Says Vilsack Overstepped Legal Authority

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By Jon Ellis

Story Created: Oct 20, 2006 at 8:28 PM CST

Story Updated: Oct 20, 2006 at 9:05 PM CST

AP - The attorney general says one of Gov. Tom Vilsack's vetoes last session would likely not hold up in court.

Vilsack approved much of a spending measure that boosts teacher pay, but he vetoed the part that calls for creating a commission to design a performance pay proposal.

Vilsack says he would rather have the issue studied by the Institute for Tomorrow's Workforce.

Attorney General Tom Miller issued a legal opinion Friday that says Vilsack overstepped his legal authority. While the governor has item veto power over spending bills, Miller says Vilsack's veto had the effect of leaving the commission in place but stripping it of any members.

The legal opinion was sought by Sen. Paul McKinley, a Republican from Chariton who sponsored the legislation. He says he wants to study the opinion further before deciding his next step.

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