Staff at Iowa’s State Hygienic Laboratory have been working around the clock to process tests that reveal the scope of the novel coronavirus epidemic. Governor Kim Reynolds has often lauded their “yeoman’s work” at her daily news conferences.

But as former Vice President Joe Biden famously said, “Don’t tell me what you value, show me your budget, and I’ll tell you what you value.” In real terms, state support for a facility critical to Iowa’s COVID-19 response dropped considerably over the last decade.

The Iowa legislature hasn’t increased dollars allocated to the State Hygienic Lab since 2013, when Senate Democrats insisted on doing so. Not only has state funding failed to keep up with inflation since then, the laboratory’s annual appropriation has yet to recover from a mid-year budget cut in 2018.

Iowa Republicans have spent hundreds of thousands of dollars this fall on television commercials and direct mail highlighting supposedly wasteful spending by Democratic state lawmakers. For the fourth election cycle in a row, many of these attacks repeat zombie lies from the 2010 campaign about money spent on “heated sidewalks” and a “trolley for lobbyists.”

As Bleeding Heartland explained here, Iowa House and Senate Democrats never approved money for heated sidewalks. They simply rejected a GOP amendment to a 2010 appropriations bill, which would have prohibited using state funds for “geothermal systems for melting snow and ice from streets or sidewalks.” The amendment was pointless, because planners of the award-winning streetscape project in question had already ruled out heated sidewalks in favor of porous pavement.

What about the Republican hit pieces claiming Democrats spent money on a “trolley for lobbyists”?

An estimated 29,183 long-term unemployed Iowans could qualify for some $116.3 million in additional benefits, but only if state legislators act quickly, according to a new report by the National Employment Law Project. Federal dollars could cover an extra 13 weeks of benefits for those Iowans. Follow me after the jump for details and background on the federal stimulus money we may leave on the table.

Approximately 80,000 Iowans will face substantial health insurance premium hikes beginning May 1. An independent review has confirmed the “need” for Wellmark Blue Cross and Blue Shield to raise rates by an average of 18 percent. The higher rates were intended to go into effect on April 1, but last month Governor Chet Culver ordered a delay pending an review of the matter. The Des Moines Register reports today,

[Iowa Insurance Commissioner Susan] Voss said in a memo to Culver that Wellmark’s losses supported “the need for the rate increase” based on two separate actuarial analyses conducted by INS Consultants, a Philadelphia actuary. The group also found that the insurance division’s rate review process is actuarially “acceptable” and “reasonable” compared with INS’s methodology.

Birny Birnbaum, head of the Center for Economic Justice, a nonprofit consumer advocacy group in Texas, said it’s unlikely that INS would disagree with the rate increase.

“While INS is technically independent, there is no way the firm would contradict and embarrass the agency which hired the firm,” Birnbaum said Monday. “If INS were to contradict the insurance division, it would likely not be hired in the future by the Iowa Insurance Division or any other insurance regulator.”

Speaking to the Register, State Representative Janet Petersen touted legislation passed during the 2010 session, which is intended to give consumers more information and warning regarding health insurance premium increases. After the jump I’ve posted some key points from Senate File 2201 and Senate File 2356.

These bills contain a lot of good provisions but probably won’t solve this particular problem for many Iowans. Wellmark dominates the insurance market in this state. Giving people a few weeks to shop around won’t magically allow them to find a better deal. In addition, health insurers can still exclude coverage for pre-existing conditions until 2014. The only real choices Wellmark’s individual customers have are: 1) pay a lot more, like my family, or 2) downgrade to a policy that’s less comprehensive and/or involves higher out-of-pocket costs for medical care.

Iowa House Republican leader Kraig Paulsen showed his creative side yesterday, finding a way to blame Democrats for Wellmark’s rate hikes:

Paulsen pointed out that the Democrat-controlled Legislature has voted in recent years to impose several health insurance mandates, such as coverage of cancer clinical trials and prosthetics.

“It’s indisputable that those add to rates. That’s just the way it works,” he said.

Health insurance mandates drive up costs for Iowans, Paulsen said.

“Mandates aren’t necessarily requirements that insurance companies sell something. They’re requirements that purchasers buy something,” he said.

One legislative proposal would have allowed state-regulated health insurance companies to provide mandate-free coverage “for those who want a less comprehensive product,” Paulsen said.

That idea by House Republicans failed, as did a proposal to study allowing out-of-state insurers to offer policies in Iowa, which could help Iowans find cheaper policies, he said.

Come on, Mr. Paulsen, who ever anticipates needing prosthetics someday, or being in a position to benefit from a cancer clinical trial? Anyway, that cancer clinical trial bill passed both the Iowa House and Senate unanimously. Also, allowing out-of-state insurers to sell policies here would spark a “race to the bottom” in terms of consumer protection.

Share any relevant thoughts in the comments.

Last night I watched the Republican gubernatorial debate on Iowa Public Television. If you missed it, you can read the full transcript here. Some Iowa stations are rebroadcasting the debate this Sunday too.

One of the worst things about televised debates is the lack of follow-up by the journalists who moderate. Wednesday’s exchange provided a classic example of this problem.  

Later today the three Republican candidates for governor will hold their first debate. When discussing state fiscal issues, they are likely to advance two contradictory arguments. First, they will criticize alleged “overspending” by Iowa Democrats, ignoring the good marks our state has received for fiscal management and the fact that severe state budget cuts would be a big drag on the economy. I will address those points in a future post.

Second, the Republican candidates for governor will criticize spending reductions Democrats included in next year’s budget, on the grounds that those cuts will force corresponding increases in property taxes statewide. It’s true that many Iowans will pay more in property taxes because of changes related to the “rollback” calculation, which “determines the percentage of a property’s actual value that will be taxable” in a given year. Former GOP gubernatorial candidate Chris Rants explained here why the rollback figure is on the rise. It has nothing to do with the tough choices Democrats made on the 2011 budget.

Rants and other Republicans are wrong to suggest that any cut in state spending will automatically lead to further property tax hikes. (They’ve been making that claim since Governor Chet Culver’s across-the-board budget cut last October.) Here’s just one example of why their assumptions are flawed. The Des Moines Register reported Tuesday on how Des Moines area school districts are coping with budget shortages. All of the districts will receive less from the state in the next fiscal year. Thankfully, the cuts are smaller than the worst-case scenarios floated in February, because Iowa House and Senate Democrats sought to protect K-12 education from severe budget cuts.

Anyway, all Iowa school districts are adapting to the reduction in state funding. But contrary to what Iowa Republicans are telling you, many districts, including the state’s largest in Des Moines, have ruled out property tax increases. Of the 10 central Iowa school districts mentioned in this article, only three are raising property taxes, and one more is considering that step. The others are cutting expenses and in some cases using money from cash reserves to cover the shortfalls in the coming fiscal year.

Some local governments in Iowa will raise property tax rates, but as with school districts, many will get by with spending or service cuts instead. I support additional federal fiscal aid to local and state governments, because the collapse in revenues is the most severe in six decades, and spending cuts could hamper the economic recovery. But naturally, the same Republicans who scream about property tax hikes are against using “one-time federal money” to help balance budgets.

Share any relevant thoughts in this thread.

Governor Chet Culver today signed into law the ban on texting while driving. This chart at the Iowa Senate Democrats blog shows the relevant prohibitions and exceptions. The House Democrats blog summarizes key points:

House File 2456 prohibits the use of all electronic and mobile devices while driving for those under the age of 18.  Persons over 18 may not use a hand-held electronic device to read, write, or send a text message while driving. Violators will be charged with a simple misdemeanor and a $30 fine.  If texting is the cause of an accident that results in serious injury or death, penalties increase up to a $1000 fine and 180 day license suspension.

Law enforcement cannot stop or detain a person only for suspected violations of texting and local governments are not allowed to adopt their own ordinances.  When the new law takes effect on July 1, law enforcement will begin an education campaign and will only write warning citations for the first year before the enhanced penalties and fines begin to apply.

Click here for the full text and bill history of House File 2456. It’s a reasonable compromise between a broad texting ban approved by the Iowa Senate in February and an Iowa House version that would have applied only to teenage drivers. State Representative Curt Hanson, a retired driver’s education teacher, headed the committee that drafted the compromise language. Texting is dangerous for older drivers as well as for teens.

The new law specifies that police cannot pull someone over solely for a suspected texting violation because while this bill was under consideration, some activists alleged that the texting ban would give officers another excuse for racially-motivated traffic stops and arrests. A group paid for robocalls in some House Democrats’ districts, seeking to generate calls against the new law. Excerpt from one such call, which you can listen to here: “This has nothing to do with safety–they just want another reason to pull you over and to harrass you.”

While the texting ban is a step in the right direction, drivers ought to go further and stop using their cell phones while the vehicle is moving. Driving while talking on the phone has been shown to be as dangerous as drunk driving. Cell phones are estimated to cause 1.4 million crashes a year in the U.S., and hands-free phones are no safer for drivers than hand-held phones. For more background, read the New York Times series of reports last summer on the dangers of cell phone use while driving. I know someone who is normally a good driver but rear-ended another vehicle recently while glancing down to see who was calling her cell phone.

Politically, restricting cell phone use while driving won’t be possible in Iowa until some high-profile accident claims lives here. Too often it takes a tragedy (with sympathetic victims) to spur lawmakers to act.  

The Iowa House and Senate adjourned for 2010 today, wrapping up the legislative session in just 79 days. In the coming weeks I will post about various bills that passed or failed to pass during the session. For now, you can read wrap-up posts at Iowa Independent, IowaPolitics.com, the Des Moines Register and Radio Iowa.

Democratic legislative leaders said the House and Senate “succeeded in responsibly balancing the budget without raising taxes while laying the groundwork for Iowa’s economic recovery.” Governor Chet Culver described the session as “a real victory for Iowans, particularly hardworking Iowa families.” He also hailed passage of an infrastructure bill including the final installment of the I-JOBS state bonding program. AFSCME Iowa Council 61 praised several bills that passed this year, such as the government reorganization bill, the early retirement program and a budget that saved many public employees’ jobs.

Republicans and their traditional interest-group allies saw things differently, of course. House Minority Leader Kraig Paulsen, Senate Minority Leader Paul McKinley and Iowans for Tax Relief all emphasized the use of one-time federal dollars to help cover state spending. Their talking points have made headway with Kathie Obradovich, but the reality is that much of the federal stimulus money was intended to backfill state budgets, and rightly so, because severe state spending cuts can deepen and prolong an economic recession.

Overall, I am not satisfied with the legislature’s work in 2010. Despite the massive costs of reconstruction after the 2008 floods, legislators lacked the political will to take any steps forward on floodplain management. Despite the film tax credit fiasco, not enough was done to rein in tax credits. Many other good ideas fell by the wayside for lack of time during the rushed session. (It strikes me as penny-wise and pound-foolish to save $800,000 by shortening the legislative calendar from 100 to 80 days.) Some other good proposals got bogged down in disagreements between the House and the Senate. Labor and environmental advocates once again saw no progress on their key legislative priorities, yet this Democratic-controlled legislature found the time to pass the top priority of the National Rifle Association. Pathetic.

On the plus side, the 2011 budget protected the right priorities, and most of the projects funded by the infrastructure spending bill, Senate File 2389, are worthwhile. Some good bills affecting public safety and veterans made it through. In addition, Democrats blocked a lot of bad Republican proposals. Credit must also go to the leaders who held their caucuses together against efforts to write discrimination into the Iowa Constitution.

Any relevant thoughts are welcome in this thread.

UPDATE: Read Todd Dorman on the Iowa House’s “parting gift to local government officials who like to play secret agent on your dime.”

How many more tragedies need to happen before elected officials have the guts to close the gun show loophole? The latest high-profile beneficiary of this loophole was the mentally ill attacker in the recent shootings near the Pentagon.

Law enforcement officials say [John Patrick] Bedell, a man with a history of severe psychiatric problems, had been sent a letter by California authorities Jan. 10 telling him he was prohibited from buying a gun because of his mental history.

Nineteen days later, the officials say, Bedell bought the Ruger at a gun show in Las Vegas. Such a sale by a private individual does not require the kind of background check that would have stopped Bedell’s purchase.

Republican politicians fall all over themselves trying to prove how loyal they are to the National Rifle Association. Some are against any kind of background checks for people who want to carry firearms in public. Too many Democrats are afraid to stand up to this NRA-approved extremism. Meanwhile, a Republican pollster’s recent survey of gun owners shows that they understand the need for reasonable limits:

Mr. Luntz queried 832 gun owners, including 401 card-carrying N.R.A. members, in a survey commissioned by Mayors Against Illegal Guns, the alliance of hundreds of executives seeking stronger gun laws. In flat rebuttal of N.R.A. propaganda, the findings showed that 69 percent of N.R.A. members supported closing the notorious gun-show loophole that invites laissez-faire arms dealing outside registration requirements.

Even more members, 82 percent, favored banning gun purchases to suspects on terrorist watch lists who are now free to arm. And 69 percent disagreed with Congressionally imposed rules against sharing federal gun-trace information with state and local police agencies.

Fortunately, it looks as if a proposal to make it easier for Iowans to carry concealed weapons is unlikely to advance during this year’s legislative session. That bill’s main advocate is Iowa House Republican Clel Baudler. He serves on the NRA’s board and doesn’t even support steps to remove guns from domestic abusers. (Last fall, Baudler suggested that murder victim Tereseann Lynch Moore might not have been killed by her estranged husband if she had been carrying her own gun.) Not that Baudler is an isolated case; a disturbing number of Iowa Republican legislators opposed a recent bill to get guns out of the hands of convicted domestic abusers and people subject to a restraining order.

CORRECTION: I spoke too soon above. Senate Majority Leader Mike Gronstal and House Majority Leader Kevin McCarthy have idiotically revived the NRA’s pet bill, which “would give Iowa one of the loosest gun-permit laws in the country.” Bad for public safety, bad politics. No one who wants to increase the number of Iowans carrying concealed weapons is going to vote for Democrats.

The good news is, an important public safety bill went to Governor Chet Culver’s desk on March 11. Senate File 2357 was one of Iowa Attorney General Tom Miller’s legislative priorities this year. The bill prohibits Iowans from owning guns and ammunition if they have been convicted of a domestic violence crime or are subject to a protective order. Since 1995, 205 Iowans have been killed in domestic violence incidents; that figure represents nearly one-third of all murders recorded in Iowa during that period. Miller has also pointed out that firearms caused 111 of the 205 Iowa deaths in domestic abuse murders since 1995. Moreover, firearms were involved in nearly two-thirds of Iowa’s domestic violence deaths in 2007 and 2008. Records show 46 of the 205 Iowans killed in domestic abuse murders since 1995 have been bystanders. It’s easier to kill a bystander with a gun than with a knife or other weapon.

Federal law already bans those convicted of domestic violence or subject to a protective order from owning a gun. However, the Iowa Coalition Against Domestic Violence has noted,

We need additional state law so that local law enforcement officers have the legal authority help enforce the firearm ban. Without additional state law there are only two ATF agents in the entire state who can act to enforce the federal law […] Without local law enforcement involved abusers will not and are not abiding by the federal firearms ban.  

Various law enforcement entities backed SF 2357, but most Republicans in the Iowa legislature didn’t cooperate with this effort to address a major violent crime problem. While Republicans were unable to defeat the bill, their votes on the Senate and House floor showed more deference to extremist gun advocates than to the potential victims of domestic abusers.

Eleven of the 18 Iowa Senate Republicans voted against SF 2357 when the upper chamber approved it on February 25, and a twelfth Republican joined them when the Senate considered an amended version on March 11. Roll calls can be found in pdf files for the Senate Journal on those dates. Senate Minority Leader Paul McKinley and third-district Congressional candidate Brad Zaun were among the Republicans who voted no.

The March 10 Iowa House debate on SF 2357 exposed even more disturbing aspects of Republican “family values.” House Republicans voted unanimously to inject the same-sex marriage debate into this unrelated bill.

Then they voted unanimously to add a provision that might deter victims from seeking a protective order.

Then all but one of them voted to help domestic abusers get their guns back more quickly.

Then they unanimously supported language to give abuse victims access to self-defense courses, as if that’s the real solution to the domestic violence problem.

Then more than half the Republican caucus voted against the final bill.

The gory details can be found here; highlights are after the jump.

John Deeth attended the League of Women Voters’ forum in Coralville on Saturday, and he buried an interesting nugget toward the end of his liveblog:

Chris Bonfig asks about HF 2420; Mascher, Dvorsky, Schmitz, Lensing, Bolkcom yes; Jacoby, Marek no. Jacby: “The first part of the bill is marvelous, the [second] part needs some work.”

House file 2420, formerly known as House Study Bill 702, is the reworked “fair share” legislation. The idea behind “fair share” is that employees who don’t belong to a union would have to reimburse the union for services provided, such as collective bargaining and handling grievances. A “fair share” bill passed the Iowa Senate in 2007 but stalled in the Iowa House, where the Democratic majority was 53-47 at the time. The current Democratic majority is 56-44, but none of organized labor’s legislative priorities passed during the 2009 legislative session because of opposition from a “six-pack” of House Democrats.

This year’s “fair share” proposal has been scaled back and would apply only to state employees. (Many labor advocates agree with Iowa AFL-CIO president emeritus Mark Smith, who has argued that the measure should apply to all private sector and public sector unions.) Iowa Republicans and business groups are fiercely opposing “fair share,” even though it would not apply to private businesses.

State Representative Dave Jacoby represents a relatively safe district in Johnson County. If he just announced at a public forum that he’s not backing HF 2420, I don’t see much chance of the “six-pack” members supporting the bill. That would leave House Democrats short of the 51 votes needed for passage.

When Jacoby praised the first part of the bill but not the second part, he appeared to be supporting reimbursement for grievance services but not for bargaining services, which are more costly for the union to provide. Click here for the full text of HF 2420. It states that “reasonable reimbursement” for bargaining services “shall not exceed sixty-five percent of the regular membership dues that the nonmember would have to pay if the nonmember were a member” of the union. The bill caps reimbursement for grievance services at ten percent of the union’s regular membership dues.

In February, Iowa House Majority Leader Kevin McCarthy suggested that a new “prevailing wage” bill is more likely to pass this session than “fair share.” In 2009 the “six-pack” sank a prevailing wage bill, but this year House Labor Committee Chairman Rick Olson prepared a compromise version that would require payment of prevailing wage on a smaller number of projects. Olson told the Cedar Rapids Gazette that the “softer” version of the prevailing wage bill addresses the objections raised last year by conservative House Democrats.

Share any relevant thoughts in this thread.

Mismanagement of Iowa’s state film tax credit program has led to more personnel changes at the Iowa Department of Economic Development this week. On Monday three longtime employees of the department were dismissed: general counsel Melanie Johnson, Jeff Rossate, and Amy Johnson. The Des Moines Register reported,

Rossate, as division administrator for business development, was the direct boss for film office manager Tom Wheeler. Johnson was Rossate’s No. 2 as the coordinator of the business development division.

The Des Moines Register reported on Saturday that e-mails showed those officials were privy to some of the worst problems facing the film program in the two months before it was suspended.

Amy Johnson had been serving as interim director of the film office before she was dismissed. IDED announced Tuesday that attorney Jessica Montana will be the new interim director of the film office. Montana has worked on IDED’s regulatory assistance team since 2007.

I wonder whether the latest dismissals will complicate the criminal case against Wheeler and two film producers. Wheeler was fired from IDED shortly after the scandal broke, and earlier this month the Iowa Attorney General’s Office charged him with non-felonious misconduct. His defense attorney will now be able to claim that Wheeler’s boss and others knew about problems with the film tax credit program.

No matter what happens with that case, I don’t envy IDED director Bret Mills, who needs to sort out this mess. Mike Tramontina resigned as IDED director when the film tax credit scandal broke, and Fred Hubbell served as interim director of the department until Governor Chet Culver appointed Mills in late December. The Iowa Senate confirmed Mills unanimously this month.

Here’s hoping state legislators will put the film tax credit program out of its misery. A bill is pending to suspend the tax credit until July 2011, but the program was ill-conceived from the beginning and doesn’t deserve to be revived. There are a lot better ways for the state to spend up to $50 million a year.

Meanwhile, the Des Moines Register reports today,

Eleven film companies are suing Iowa’s Department of Economic Development, saying they believe certain documents that have not been released since the scandal broke – including expenses and budgets they reported to the state – should be kept confidential.

Scott Brennan, an attorney for the film companies, said Tuesday there is a difference between public curiosity and public interest in the ongoing probe. His clients believe they were guaranteed “by contract and by statute” that certain trade secrets would be kept secret.

The attorney general’s office and the Register argue that the records – first requested last fall – are public under state law and should remain so because they are of significant public interest. The two sides met in court for the first time Tuesday.

According to a brief filed Tuesday by Michael Giudicessi, the newspaper’s lawyer, “Whether evidenced by the very requests of the Register and other news organizations for access, the suspension of the film tax credit program by the governor’s office, the conducting of an independent audit by the department, the vast and increasing amount of taxpayer dollars involved or the ongoing terminations … it is clear that the public interest is not served by any degree of continuing secrecy.”

Governor Chet Culver will not sign a bill that would weaken Iowa’s current restrictions on spreading manure over frozen and snow-covered ground. Culver’s senior adviser Jim Larew confirmed the governor’s opposition during a February 22 meeting with members of Iowa Citizens for Community Improvement. Iowa CCI is among the environmental groups that have sounded the alarm about House File 2324 and a companion bill, Senate File 2229. The bills would exempt many large farms from the new manure application rules adopted last year. Earlier this month, the House Agriculture Committee approved HF 2324 with minimal debate.

Culver had previously promised to block the new proposal in private conversations. The bill’s lead sponsor in the Iowa House, Democratic State Representative Ray Zirkelbach, told IowaPolitics.com yesterday, “Basically I was told that the governor’s going to veto it no matter what … if it came to his desk […].” Zirkelbach contends that the bill is needed to help the struggling dairy industry. He denies that it would lead to more manure contaminating Iowa waters.

I am glad to see the governor take a stand against Zirkelbach’s proposal. Improving the manure application bill was a major victory during the closing days of last year’s legislative session. We should not have to keep fighting efforts to move us backwards on water quality.

The full text of yesterday’s press release from Iowa CCI is after the jump.

Last Thursday, the Iowa Senate approved a bill that would improve the health and well-being of Iowa working mothers and their children. In addition, this bill would reduce many employers’ health care costs while lowering employee turnover and absenteeism. Unlike legislation that pits business interests against the needs of working families, this bill would be a win-win.

Nevertheless, almost the whole Republican caucus voted against Senate File 2270, which promotes workplace accommodations for employees who express breast milk.

Follow me after the jump for background on this bill and Republican opposition to it.

The Iowa Legislature has been moving at an unusually fast pace during the shortened 2010 session. It’s time to catch up on what’s happened at the statehouse over the past three weeks. From here on out I will try to post a legislative roundup at the end of every week.

February 12 was the first “funnel” deadline. In order to have a chance of moving forward in 2010, all legislation except for tax and appropriations bills must have cleared at least one Iowa House or Senate committee by the end of last Friday.

After the jump I’ve included links on lots of bills that have passed or are still under consideration, as well as bills I took an interest in that failed to clear the funnel. I have grouped bills by subject area. This post is not an exhaustive list; way too many bills are under consideration for me to discuss them all. I recommend this funnel day roundup by Rod Boshart for the Mason City Globe-Gazette.

Note: the Iowa legislature’s second funnel deadline is coming up on March 5. To remain alive after that point, all bills except tax and appropriations bills must have been approved by either the full House or Senate and by a committee in the opposite chamber. Many bills that cleared the first funnel week will die in the second.  

The Iowa Board of Pharmacy voted 6-0 today to recommend that Iowa legislators reclassify marijuana from a Schedule I narcotic to a Schedule II narcotic. Schedule II drugs have a “currently accepted medical use in treatment in the United States.”

In April 2009, a Polk County judge instructed the Iowa Board of Pharmacy to examine evidence on possible medical uses for marijuana. Last summer the board declined to reclassify marijuana in Iowa but ordered public hearings on the subject.

The Iowa legislature’s “funnel” deadline passed last Friday with no action on a bill to legalize medical marijuana, meaning the issue is dead for the 2010 session. Leadership can bring up new bills after the funnel deadline, but I would be surprised if House and Senate leaders used that prerogative to move a medical marijuana bill forward during a shortened legislative session.

That said, lawmakers should not fear a political backlash if they do approve a bill legalizing marijuana for medical use in Iowa. In the latest Selzer and Co. statewide poll for the Des Moines Register, 64 percent of respondents supported “allowing medical marijuana,” while only 33 percent opposed the idea. I was surprised by how little opinions on this issue varied by the respondents’ age. Medical marijuana was supported by 67 percent of respondents 18-34, 67 percent of those aged 35-54, and 60 percent of those over 55. Younger Iowans were twice as likely as those over 55 to support legalizing marijuana for recreational use.

A couple of years ago, I would have said State Representative Dwayne Alons (House district 4). Longtime Bleeding Heartland readers may remember Alons as the guy who asserted during a committee hearing on greenhouse gas emissions that global warming would be good for Iowa because warmer temperatures helped ancient Mayans grow taller and stronger than today’s men and women. The following year, Alons remarked, “We shouldn’t be as concerned, actually, about warming, especially now that we have modern refrigeration and air conditioning.”

Alons sets the bar high in terms of cluelessness, but after reading this piece by Jason Hancock today, I think State Representative Jason Schultz (House district 55) could give him a run for his money. Schultz has introduced House File 2313, which stipulates,

 1  1    Section 1.  NEW SECTION.  602.1100  Judicial authority.

 1  2    1.  A judicial officer shall not use judicial precedent,

 1  3 case law, penumbras, or international law as a basis for

 1  4 rulings.  A judicial officer shall only use the Constitution

 1  5 of the United States, the Constitution of the State of Iowa,

 1  6 and the Code of Iowa as the basis for any ruling issued by such

 1  7 judicial officer.    The only source material that may be used

 1  8 for interpreting the Constitution of the United States by a

 1  9 judicial officer in this state shall be the Federalist papers

 1 10 and other writings of the founding fathers to describe the

 1 11 intent of the founding fathers, and if such source material is

 1 12 used, the full context of the source material must be used by

 1 13 the judicial officer.

 1 14    2.  This section is not reviewable by the court.

 1 15    3.  A violation of this section by a judicial officer shall

 1 16 be considered malfeasance in office and subjects the judicial

 1 17 officer to impeachment under chapter 68.

Bad ideas are not in short supply at the Iowa Capitol, but Schultz has taken things to a new level of stupidity here. No precedent and no case law, really? I have never heard of a so-called “strict constructionist” who would prohibit judges from citing previous court rulings in forming their opinions. In effect, Schultz is saying judges have to reinvent the wheel in almost every case. Yet conservative jurists usually lean toward respecting precedent.

Schultz would not allow any judge to consult historians’ work on the Constitution or the Federalist Papers either, as if there can be no ambiguity about what 18th-century language was meant to convey.

Mr. desmoinesdem reminds me that even U.S. Supreme Court Justice Antonin Scalia, a critic of citing foreign law in U.S. courts, has cited international law before when interpreting a treaty. In a recent case Scalia even cited the Babylonian Talmud, which is more than 1,000 years old.

If you’re wondering why Schultz wants to ban “penumbras,” that term alludes to the idea that there is a right to privacy, even though the Bill of Rights does not contain the word “privacy.”

Schultz’s bill isn’t going anywhere, and Drake University law professor Mark Kende notes that it would be unconstitutional in any event.

Like many Iowa Republicans, Schultz appears not to have a solid grasp of the judicial review concept. His support for a bill that would restore elections for Iowa Supreme Court justices indicates that he’s not sold on judicial independence. But even in the context of bad Republican ideas, House File 2313 stands out. Schultz is angry that the Iowa Supreme Court cited Iowa case law in its Varnum v Brien ruling last year, so the solution must be to ban judges from considering case law.

Not only is Schultz ignorant, he also demonstrated an impressive mean streak by introducing a bill this session “that would remove protections for gay, lesbian and transgender students from an anti-bullying law passed in 2007.” (More on that here.)

Iowa politics-watchers, who do you think is the most embarrassingly ill-informed member of the Iowa legislature? Make your case in this thread or e-mail me confidentially: desmoinesdem AT yahoo.com.  

Republican State Representative Kent Sorenson is trying to amend the Iowa Constitution to bring back elections for the seven state Supreme Court justices.

Republicans Dwayne Alons and Jason Schultz joined Sorenson in introducing House Joint Resolution 2013 this week. It would amend the constitution to require Supreme Court justices to be elected to six-year terms. Lower-court judges would continue to be appointed, as they have been since Iowa approved a constitutional amendment in 1962 to eliminate judicial elections. Under the current system, the governor appoints district and Supreme Court judges from lists of nominees submitted by judicial nominating commissions.

Other social conservatives have vowed to defeat the three Supreme Court justices who are up for retention in 2010 because of last year’s Varnum v Brien ruling, which cleared the way for same-sex marriage in Iowa. But even that isn’t good enough for Sorenson and his allies. They are so upset about one court ruling that they would toss out a method for selecting judges which has worked well for nearly a half-century. The Des Moines-based American Judicature Society has plenty of resources on the importance of judicial independence and the benefits of a merit-based system over judicial elections. The U.S. Supreme Court’s recent Citizens United case lifted restrictions on corporate spending to influence elections, providing another reason not to mess with Iowa’s judicial selection process.

Sorenson’s constitutional amendment probably won’t go anywhere, but he may use the proposal as a rallying cry in his campaign against Staci Appel in Iowa Senate district 37 this year. Appel’s husband, Brent Appel, is an Iowa Supreme Court justice. He is not up for retention this November.

UPDATE: Via the latest from Todd Dorman I learned that State Representative Rod Roberts, a Republican candidate for governor, has introduced his own constitutional amendment:

His proposal, House Joint Resolution 2012, calls for appointing nine justices – one from each judicial district and one at-large. It would require justices to continue to live in the district as long as they sit on the court.

“Even people in the legal profession tell me this would help the court get connected at the grass roots level,” he said.

Dorman comments,

Justices should answer to the state constitution, the law and precedent, not to public sentiment. They’re appointed through a bipartisan, drama-free process that focuses on their experience and qualifications. They already face regular retention votes.

So explain to me why we would throw out that system in favor of open electioneering. It’s a horrible idea.

And picking them by geography instead of qualifications isn’t much better.

How is this stuff conservative?

You don’t want judges who “legislate from the bench,” so you elect them just like legislators?

The Iowa Bar Association opposes the proposals from Sorenson and Roberts.

I seem to have jinxed things by praising Democratic state legislators who allowed the Iowa Department of Natural Resources’ new clean water rules to go forward this week.

I learned yesterday from Iowa CCI, 1000 Friends of Iowa and the Iowa Environmental Council that a horrible bill, House File 2324, is being fast-tracked through the Iowa House. This bill was introduced to the House Agriculture Committee on Monday afternoon, and on Tuesday it was unanimously approved by a subcommittee and then the full House Agriculture Committee. An action alert from the Iowa Environmental Council explains the substance:

DNR has proposed rules that would require existing facilities need to have at least 100 days of storage, in order to qualify for an emergency exemption for winter application because of full storage structures.  But HF 2324 exempts confinement feeding operations constructed before July 1, 2009 from this rule.  Specifically the bill states:

“A confinement feeding operation constructed before July 1, 2009, and not expanded after that date is not required to construct or expand a manure storage structure to comply with this section.”  

Lack of adequate manure storage during winter months is a major cause of water pollution in Iowa.  Without adequate storage, farmers apply the manure to frozen or snow-covered farm fields, risking run-off into nearby streams at the first thaw or rain.

From a statement issued by Iowa CCI:

Iowa already suffers from some of the worst water quality in the nation. High levels of ammonia pollution all across Iowa were traced back to manure application on frozen and snow-covered ground. This bill would gut the state law that bans the spreading of manure on frozen and snow-covered ground by exempting more than 5,500 factory farms that were built before July 1, 2009 due to a lack of storage for their manure.

“Poor manure management is not an emergency,” [CCI Executive Director Hugh] Espey said.

The Environmental Protection Agency came down strongly in favor of a ban without exceptions last year.  Passage of this new legislation would be a clear violation of the Clean Water Act and would also undermine the Iowa Department of Natural Resources’ authority to regulate factory farms.

Shame on the members of the House Agriculture Committee for fast-tracking this bill. Yet again, Iowa environmentalists have to fight efforts to circumvent DNR rules aimed at protecting the public interest. We should be making CAFOs pay for the harm they cause, not exempting them from reasonable manure storage requirements. But no, proponents want to rush through a gift for factory farms.

It’s a disgrace that a legislative committee unanimously recommended this bill, especially in a Democratic-controlled legislature. This kind of thing is one reason why I have stopped donating to the House and Senate Democratic leadership committees.

Last year many legislators tried to circumvent the DNR’s rule-making on the application of manure on frozen ground, prompting several Iowa non-profits to spend staff time and energy mobilizing against the bad bill. By a minor miracle, last-minute amendments greatly improved that bill before it passed in the closing days of the 2009 session.

The Iowa Environmental Council makes it easy for you to send an e-mail urging your state legislators to vote down HF 2324. But some lawmakers don’t read all their e-mail, so I recommend calling your representative as well. The House switchboard is 515-281-3221.  

UPDATE: Adam Mason of Iowa CCI informed me that another bad bill, House File 2365, was introduced in the House Agriculture Committee yesterday. It would change the definition of a “residence” in proximity to a CAFO, excluding homes that are “off the grid.” Iowa law restricts how close factory farms can be to residences, but this bill would make it harder for some homeowners to fight a factory farm permit. So far HF 2365 hasn’t received subcommittee or full committee approval, but it bears watching.

SECOND UPDATE: There is also an Iowa Senate version of the bill that would undermine regulations on winter spreading of manure: it’s Senate File 2229. It was referred to a subcommittee on February 9, but no further action has been taken as of February 14.  

Republicans in the Iowa House and Senate failed this morning to force floor votes on a constitutional amendment to ban same-sex marriage. In the Senate, minority leader Paul McKinley asked colleagues “to sign a petition that would allow Senate Joint Resolution 2001, which would begin the process of amending the state’s constitution to ban same-sex marriage, to be brought to the Senate floor for a vote despite not being approved by a committee.” Only one of the 32 Iowa Senate Democrats (Tom Hancock) joined the 18 Republicans in signing this petition.

Later this morning, House Republicans tried a procedural maneuver that could have allowed a floor vote on House Joint Resolution 6 (a constitutional amendment on marriage) despite the fact that no House committee has approved it. The procedural motion needed 51 votes to pass, but only one Democrat, Dolores Mertz, voted with the 44 House Republicans. Mertz is a co-sponsor of the marriage amendment and votes consistently with Republicans on social issues.

Last April, two Democrats (Mertz and Geri Huser) joined with House Republicans on a similar procedural vote. Good for Huser for voting with the majority this time around. One House Democrat was absent today: Mark Kuhn, who also missed yesterday’s proceedings in the chamber. It seems likely that he is either sick or was unable to get to Des Moines from his home in rural Floyd County. North-central Iowa just got hit with another major winter storm.

House Republican leader Kraig Paulsen acknowledged today that opponents of marriage equality don’t have the 51 votes needed to force a vote this session in the Iowa House.

McKinley warned in a statement, “the voters this November will have an opportunity to decide if they are content with the continued Democrat obstruction and inaction.” Republicans keep saying they want to “let the people vote” on marriage. As it happens, this November Iowans will have an opportunity to pass a ballot initiative on convening a constitutional convention. Some Republicans want to take that route, but most are afraid to back a constitutional assembly. It seems like they want a campaign issue to use against Democrats more than they want to amend the constitution by the quickest means possible.

Unfortunately for Republicans, recent polling data suggests gay marriage is not a high priority for most Iowans. Every statehouse Democrat should be echoing the words from House Speaker Pat Murphy’s official statement today:

“In these tough economic times, Iowans want the Legislature to keep focused on help for middle class families and small businesses.  In this shortened session, my goal is to keep the House focused on key priorities — balancing the state budget without raising taxes while creating good-paying jobs for Iowans and making sure every child receives a quality education and affordable health care.”

Murphy and Iowa Senate Majority Leader Mike Gronstal strongly supported the Iowa Supreme Court’s Varnum v Brien ruling, and they deserve a lot of credit for holding their caucuses together today. As Gronstal has promised, Republicans will not succeed in writing discrimination into our state’s constitution.

In related good news, the New Hampshire House Judiciary Committee voted down two bills today that were aimed at repealing same-sex marriage rights in that state.

UPDATE: Jason Clayworth has more details and reaction at the Des Moines Register’s blog.

The House spent almost 30 minutes on a rarely used “call-of-the-House” in which each of the 100 members were ordered into the chambers to vote unless they were previously excused.  

Hancock explained why he joined the Senate Republicans as follows: “I live in a highly Catholic area and I think that’s what the folks wanted me to do […] I never received that many contacts to say not to.”

Pat Murphy said Republicans “can go ahead and use” the House vote in the upcoming campaign, but added, “I would advise Republicans that ‘It’s the economy, stupid.’”  

More than 60 percent of Iowans think gay marriage “does not deserve the Legislature’s limited time” this session, according to the latest poll conducted by Selzer and Associates for the Des Moines Register. The poll surveyed 805 Iowa adults from January 31 to Feburary 3, with a margin of error of plus or minus 3.5 percent.

The question named six issues on which legislation has been introduced during the 2010 session, which has been shortened by 20 days due to budget constraints:

The state Legislature can address large and small issues during the course of the session. For the following issues, please tell me if you think the issue does or does not deserve the Legislature’s limited time. Puppy mills. Gay marriage. Driving and texting. Gun control. Gambling. Payday loans.

62 percent of respondents said gay marriage does not deserve the legislature’s time, while only 36 percent said it does.

Here’s hoping this poll will bolster the spine of any wavering statehouse Democrats. Iowa House Republicans are expected to use procedural maneuvers this week to try to force a vote on a constitutional amendment to ban same-sex marriage. When they tried that last April, two of the 56 House Democrats joined Republicans on a procedural vote. House Minority leader Kraig Paulsen wasn’t deterred by the latest poll, telling the Des Moines Register,

“The majority party has successfully convinced people that that’s something that takes a lengthy period of time,” Paulsen said. “There’s no reason it should have to take more than 30 minutes.”

Poll respondents presumably know little about how much committee and floor time a marriage vote would consume, but I think Paulsen is missing the point here. Selzer in effect asked Iowans what’s important for the legislature to handle. More than three-fifths of respondents said gay marriage doesn’t rise to that level this session.

Notably, a recent poll commissioned by Republicans also suggests that gay marriage is a low priority for most Iowans. Voter Consumer Research conducted that poll in late January for The Iowa Republican blog and the Concordia Group (a political consulting firm run by Nick Ryan, with ties to the American Future Fund). Respondents were asked which three issues are most important to them: “Forty-one percent said jobs and unemployment, thirty-three said the economy, and twenty-eight percent said education.” Way down the priority list was “moral values” with just 14 percent, Craig Robinson indicated in this comment thread.

Last September, a Selzer poll for the Des Moines Register asked several questions about same-sex marriage. About 41 percent of respondents said they would vote for a constitutional amendment to ban same-sex marriage, while 40 percent would vote against such an amendment. In addition, 92 percent of respondents said marriage rights for gay and lesbian couples had led to “no real change” in their own lives.

The conservative GOP base expects Republican legislators to try every trick in the book to bring a marriage vote to the floor. Iowa Democrats should make sure the public knows that while they were focusing on more important issues, Republicans kept trying to waste time on a marriage vote. Based on this polling as well as the results from last year’s special election in Iowa House district 90, I doubt gay marriage will be a winning issue for Republican candidates this November.

Later today I’ll discuss some other findings from the latest Des Moines Register poll. I was surprised to see that of the six issues Selzer asked about, only driving while texting had a majority (72 percent) say it was worth the legislature’s time to tackle this session.

The coming week will be busy at the state capitol, because February 12 is the first “funnel” date. All bills excluding appropriations bills that have not been approved by at least one committee by February 12 will be dead for the 2010 session, unless something extraordinary happens.

Also, Iowa House Republicans are expected to try to suspend the rules this week to force consideration of a constitutional amendment to ban same-sex marriage. If last April’s events are any guide, they can expect help from two Iowa House Democrats: Geri Huser and Dolores Mertz. Meanwhile, Mertz is working with a group of Republicans on a constitutional amendment that would “recognize human eggs as persons worthy of legal protection.” Such an amendment would outlaw abortion and probably some forms of birth control as well.

With the compressed legislative calendar and severe budget restraints, there may be fewer bills passed in 2010 than in previous sessions. If you’re keeping your eye on any bill, let us know in this thread. I hope the Iowa Senate Labor and Business Relations Committee will pass Senate File 2112, introduced by Senator Pam Jochum, on “workplace accommodations for employees who express breast milk.” It’s already cleared the subcommittee. Last hear State Representative Ako Abdul-Samad introduced a similar measure in the Iowa House, and I think there’s a decent chance of getting this bill through the House Labor Committee. Employers also benefit from practices that make it easier for their employees to continue breastfeeding.

Jochum is an all-around outstanding legislator. If I lived in the first district, she would definitely have my vote for Congress whenever Bruce Braley decides to run for U.S. Senate.

This thread is for anything on your mind this weekend. Am I the only one out there who doesn’t care who wins the Superbowl?

After the jump I’ve posted details on other Iowa political events scheduled for this week.

Yesterday the Iowa House State Government Committee voted down a Republican plan to cut state spending by $290 million in the coming year. State Representative and gubernatorial candidate Chris Rants offered the plan as an amendment to the government reorganization bill. He said his party was trying to “work in a bipartisan way” and make “tough decisions” to balance the budget for the coming year. All twelve Democrats on the House State Government Committee voted against the GOP amendment, while the nine Republicans voted for it. Later the same day, the committee approved the reorganization bill on a 20-1 vote, with only Rants opposed.

We are sure to hear more from Rants and other Republicans about how big, bad Democrats rejected their good ideas for spending cuts. A closer look reveals funny math in the Republican “plan.”

The biggest line item is “$92.3 million, end all state benefits to adult illegal immigrants.” The Iowa House Republican caucus claims this number comes from the nonpartisan Legislative Services Agency. The implication is that the state of Iowa hands out $92.3 million in cash to illegal immigrants.

But that’s not the case. From a report by the Legislative Services Agency on “Undocumented Immigrants’ Cost to the State” (pdf file):

The only government services that illegal immigrants are eligible for are elementary and secondary public education and emergency health care.1 Most citizens do not gain direct benefits from a majority of government spending. Instead, government programs are intended to benefit society as a whole through maintenance of a healthy economy, satisfying public health and safety concerns, providing basic infrastructure, etc. Although undocumented immigrants do not receive most direct benefits, the total benefit of State spending is assumed to accrue to undocumented immigrants at the same rate as legal residents.

The LSA divides total spending from the state general fund by the state’s total population to calculate roughly how much in “benefits” each Iowa resident receives annually. This isn’t a cash payment from the state to residents; it represents each individual’s share of benefit from the state paying for schools, roads, and so on.

Iowa House Republicans arrived at the $92.3 million figure by dividing total general fund expenditures by the number of undocumented immigrants currently estimated to be living in Iowa. They call the remainder “benefits” that illegal immigrants receive. But there’s no magic wand we can wave to make immigrants stop benefiting indirectly from what state government does. The same LSA report noted:

Undocumented immigrants qualify for few services at the State level, and those for which they do qualify are largely mandated by federal law or the Courts. Therefore, decreasing undocumented immigrant eligibility for State spending does not appear to be a viable policy option. Additionally, if the assumption that undocumented immigrants accrue benefits even without receiving direct services is considered valid, attempting to reduce direct State expenditures on undocumented immigrants would have a minimal effect.

By the way, proof of citizenship and identification are already required for Iowans participating in Medicaid and HAWK-I (the children’s health insurance program).

Scoring points against undocumented immigrants may be good for Rants politically, but that won’t help the state of Iowa save $92.3 million in the coming year. That one item represents nearly a third of the Republican-proposed spending cuts.

I’ve posted the full list of cuts after the jump. Some ideas may have merit, but most of them reflect skewed Republican priorities for state government. GOP legislators want to save $45 million by reducing access to pre-school for four-year-olds. They also want to invest less in renewable energy production and energy efficiency measures by eliminating the Power Fund and the Office of Energy Independence, which would $25 million. Many Republicans never liked the core curriculum, so it’s no surprise they’d like to save some money by delaying its implications. The Des Moines Register’s Iowa poll in November indicated that Iowans support higher spending on renewable energy research and development and are divided over whether to cut funds for expanded free pre-school.

Some of the smaller Republican-backed cuts would please conservative interests. The religious right would love to eliminate the family planning waiver. Rants has always been a good friend to tobacco companies, who would love to see the state scrap the “Just Eliminate Lies” anti-smoking campaign. There’s also $4 million saved by cutting “taxpayer-funded lobbyists,” which sounds great until you realize that would leave corporate groups unchallenged as they lobby for bills that might counter the public interest. Anyway, last year taxpayer money for lobbying totaled about $1.8 million, and a lot of that didn’t come from the state general fund. Municipalities, county agencies and associations like the League of Cities hire lobbyists too.

The Des Moines Register dinged Governor Chet Culver recently for not scheduling as many press conferences and public appearances as Terry Branstad and Tom Vilsack did as governor, but Culver’s been active around the state since he submitted his draft budget to the legislature last week.

Lots of links are after the jump, along with an update on Jonathan Narcisse, who supported Culver in 2006 but recently launched his own gubernatorial campaign.

Last night the Iowa Senate passed Senate File 2088, which would reorganize state government, after four hours of debate. All 32 Democrats in the chamber voted for the bill, along with three Republicans: Shawn Hamerlinck, Larry Noble and Pat Ward.

Click here for the full text of the bill. According to analysis by the Legislative Services Agency, Senate File 2088 would reduce state spending from the general fund by $74 million in fiscal year 2011 and $36 million the following year (here’s the link to the fiscal note on the bill). In addition, “Other funds, including local government pots of money, would save $44 million next budget year and just under $14 million the following year.” Jennifer Jacobs posted some of the key provisions and amendments at the Des Moines Register’s blog.

Unlike the 1985 state government reorganization, the current bill does not merge any state agencies. It doesn’t close any of Iowa’s four mental health institutes, but downsizes the one at Clarinda. That switch outraged legislators from southwest Iowa, because the Iowa Department of Human Services had recommended closing the Mount Pleasant Mental Health Institute in southeast Iowa instead.

Senate File 2088 requires bulk purchasing and centralized payroll and technology systems for most state agencies but exempts the three state universities from those provisions.

Rod Boshart recapped one of the more contentious episodes during last night’s debate:

The debate stalled when 11 majority Democrats joined the 18-member GOP minority in supporting an amendment to block a proposal to move the community empowerment program for early childhood education from the neutral state Department of Management to the Department of Education.

Senate Majority Leader Mike Gronstal, D-Council Bluffs, switched his vote to be on the prevailing side then called a closed-door caucus after which senators voted 31-19 to reconsider the issue and approve the move of empowerment to the education agency by a 27-23 margin.

I wasn’t familiar with the Iowa Community Empowerment program, which is geared toward families with children under age six. Since early education programs are part of the Iowa Empowerment Board’s mission, it seems logical to bring the program to the Department of Education.

The original bill had eliminated the Property Assessment Appeal Board, but an amendment to keep that body intact passed by 46 to 4. Politically, that was a smart vote for the senators. Many Iowans are likely to see property tax increases this year, so it’s not a good time to make it more difficult for citizens to challenge their assessments.

Several Republicans have expressed doubt that the bill would guarantee the promised savings. Democrats rejected a number of Republican amendments, including one that would have increased health insurance costs for state employees and one that would have required a two-thirds vote in the legislature to approve any state bonding. (Such a threshold would have prevented last year’s passage of the I-JOBS infrastructure bonding initiative.) A complete bill history, including all amendments considered, is here.

Earlier in this session, the Iowa Senate approved Senate File 2062, a separate bill on early retirement incentives. That measure is expected to save about $57.4 million in fiscal year 2011, “including a $26.4 million savings to the state’s general fund.” That bill passed on a bipartisan 41-7 vote. The full text is here, and the bill history is here.

UPDATE: Over at Iowa Independent, Lynda Waddington reports,

Mental health advocates haven’t gotten everything they wanted in relation to new state policies governing psychiatric medications for individuals receiving state assistance. But they scored a big win Monday night when the Iowa Senate approved new language that ensures existing patients’ medications won’t be automatically switched in order to save the state money.

Read her whole story for more details and background.

Governor Chet Culver submitted his draft budget to the Iowa legislature last Wednesday, but with the State of the Union and other news of the day, I didn’t have time to write up the story.

The complete budget document can be downloaded at the governor’s official website, and you can view Culver’s press conference on the budget here.

For more links, reactions and commentaries, follow me after the jump.

This thread is for anything on your mind this weekend. After the jump I’ve posted details about lots of upcoming events in early February.

If you want to watch Senator Chuck Grassley do the “Friday Happy Dance” on WHO-TV, head on over to Dave Price’s blog.

The Polk County Democrats need more submissions of original recipes for the “Liberally Seasoned” cookbook they are compiling. By February 6, send polkdems AT gmail.com a word document including your full name and precinct, a paragraph about the dish, and a picture of the dish or yourself if possible. Categories: salads, appetizers, main dishes, vegetarian, desserts and drinks. They plan to have the cookbook ready by the Polk County Convention on March 12. For questions, call 515-285-1800.

DAWN’s List, which works to elect Democratic pro-choice women in Iowa, is seeking nominations for awards that will be given in five categories. Details are below, and nominations are due by the end of the day on February 1.

Remember, the off-year Iowa caucuses are this Saturday, January 23, at 1 pm. Democrats can click here and enter your zip code to find your caucus location. Polk County Democratic Party executive director Tamyra Harrison explained the benefits of attending an off-year caucus here.

Some non-profit advocacy organizations have drafted resolutions for supporters to offer at their precinct caucuses. If adopted, these resolutions will be forwarded to the county platform committee. For example, 1000 Friends of Iowa is encouraging supporters to offer this resolution on responsible land use.

I noticed some job listings and other helpful information in the Iowa Environmental Council’s electronic newsletter.

Value Chain Partnerships, an “Iowa-based network for food and agriculture working groups,” has a new website: www.valuechains.org.

The Environmental Law & Policy Center (ELPC) is hiring “a Policy Advocate to work in our Des Moines office to promote clean energy, clean water and conservation projects in Iowa. […] For more information, visit http://elpc.org/category/jobs#… or email Andrew Snow at asnow@elpc.org. Application Deadline is Jan. 30, 2010.

Plains Justice is hiring “a Resource Director who will report to the CEO and work co-operatively with the Board, attorneys and other staff and volunteers to raise, manage and evaluate effective use of financial resources. Demonstrated fundraising success required. […] Contact info@plainsjustice.org for detailed job description. No phone calls please.”

There’s a position open for an “Iowa Great Lakes Watershed Coordinator,” who “will work in Spirit Lake, Iowa, to manage and coordinate the implementation of the objectives of a water quality conservation project and activities, conservation planning and application of practices, information and education and other related activities essential to the district and NRCS.” Application Deadline: January 26, 2010. For a complete job description, salary, hiring requirements, and how to apply, go to http://cleanwateralliance.net/…

The Environmental Working Group (EWG) is hiring someone to support its Upper Mississippi River project. “Successful candidates will have relevant academic training in the natural, agricultural or social sciences and experience in environmental advocacy. The position is located in Ames, Iowa. A strong commitment to natural resource conservation, environmental protection, and public health is essential. To apply, submit a cover letter and resume to employment@ewg.org.  For more information and a job description visit http://www.ewg.org/jobs.”

Calling high school seniors: Keep Iowa Beautiful is offering up to four $500 scholarships. “Students across Iowa enrolling in an Iowa college or university to major in community enhancement or environmental areas of study are eligible. Students can download the application on-line at http://www.keepiowabeautiful.c… Deadline for application: must be postmarked by February 1, 2010. Please contact the KIB office at 515-323-6507 with any questions.”

Details about events coming up in the next ten days are after the jump.

UPDATE: The Iowa House passed this bill on a party-line vote on Friday, and Culver signed it the same day.

Democratic state legislators are rushing to pass a bill that will allow Iowa to apply for a federal education grant of up to $175 million. The application is due on Tuesday, and Monday is Martin Luther King Jr. day, so Governor Chet Culver needs to be able to sign the bill this weekend.

The Iowa Senate approved Senate File 2033 on Wednesday. Senate Education Committee Chair Becky Schmitz summarized key provisions relating to the “Race to the Top” grant:

Specifically, the legislation before you today will:

   *     Remove the cap and repeal date for charter schools in Iowa.  Currently, Iowa Code has a 20 charter school cap and a repeal date for all charter schools on July 1, 2011.  […]

   *     Allow schools to develop Innovation Zone Schools and Consortiums -This legislation adds innovation zone schools and consortiums to the ways that schools districts can foster innovation in more schools.

Senate Republicans voted against this bill, and House Republicans will do the same when it’s considered today. They want to see Iowa relax current restrictions on who can operate a charter school. Additionally, they argue that it’s unwise to apply for one-time federal funds to support ongoing education expenses. The GOP talking point of choice is to call this bill “Race for the Cash.”

Republicans also claim the bill would shift authority toward “union bosses” because of provisions that are not directly linked to the federal grant application. More on that story is after the jump.

Iowa Supreme Court Chief Justice Marsha Ternus had bad news about the condition of the judiciary when she addressed the Iowa legislature yesterday.

Since the 2002 fiscal year, she noted, staffing levels have been reduce[d] by 17 percent. In just the last year, staff was cut by 11 percent. In fact, the state’s courts now operate with a smaller workforce than it had in 1987, the year the state assumed full funding for the court system. The number of serious and time-consuming cases before the court, however, have increased by 66 percent.

Ternus also argued that budget shortfalls have adversely impacted the Judicial Branch more than any other aspect or agency in government.

“Unlike many state agencies and the regents, the judicial branch has no pass-through funds, no programs to cut and no reserves to tap. Nearly all our operating costs are for people – employees and judges who are the life blood of the court system – so when we cut our budget, we must cut our workforce.”

Ternus warned of “assembly line justice” and “de facto consolidation” of courts if state legislators do not at least maintain current levels of funding. (Click here for a pdf file containing the full text of Ternus’ speech.)

While the judiciary has faced several rounds of budget cuts, demand for court services has increased because of the recession. For example, during the past two years mortgage foreclosures have increased by 34 percent in Iowa, cases relating to domestic violence protection have increased 15 percent, and “juvenile commitments for drug or mental-health issues” have risen by 76 percent.

Current state law requires courts to operate in all of Iowa’s 99 counties. That made sense when it could take the better part of a day for people to travel to their county courthouse, but it’s not an efficient use of resources now. I am with the Des Moines Register’s editorial board: state legislators need to either allocate enough funding for the judicial system we have, or amend the law to allow some consolidation of courthouses. The latter would run up against stiff resistance in the Iowa House and Senate because of the likely impact on some small county-seat towns. But it’s wrong to let civil and criminal court services degrade across the state. If budget constraints demand efficiency measures in other branches of government, let the judiciary make the best use of available funds by consolidating where necessary.

UPDATE: Governor Chet Culver told the Iowa Independent that he shares the concerns Ternus raised and does not support any further funding cuts for the judiciary.

What happens when you fracture your ankle and no one checks on your wound or changes your stocking for 25 days? Ruth Louden, an otherwise healthy 89-year-old, developed gangrene, leading to the amputation of her leg. Her health went downhill quickly, and she died within months. Federal officials hit the Friendship Manor nursing home in Grinnell with a fine of $112,650. But the owner, Tim Boyle, appealed the fine and has settled for $75,397.

If management had brought Friendship Manor into compliance with all regulations on patient care during the past year, reducing the fine might be justified. But according to Clark Kauffman of the Des Moines Register, another patient died last year because of an accident linked to an unsafe walkway at the facility. That’s not all:

• In November, state inspectors compiled a 45-page list of deficiencies at the home, including:

• Improper use of physical restraints.

• Failure to meet a professional standard of care.

• Failure to provide incontinence care.

• Failure to prepare food under sanitary conditions.

• Failure to adhere to infection-control guidelines.

Current protocols for nursing home inspections and fines don’t appear to be compelling this facility’s managers to meet reasonable standards of care. It may be cheaper for owners to accept the occasional federal fine (after appealing to get it reduced) than to bring conditions up to par.

Iowa nursing homes have less to fear than ever from state regulators. During last year’s legislative session, lawmakers voted unanimously to eliminate “a broad range of fines against Iowa nursing homes that fail to meet minimum health and safety standards.” Friendship Manor owner Tim Boyle heads the nursing home industry’s main lobbying group, which provided a a textbook case of how to buy influence at the Iowa statehouse.

Even now, some Iowa legislators think regulators are too tough on nursing homes. What a sorry state of affairs in a state with one of the highest proportions of elderly people in the population.

Governor Chet Culver addresses the Iowa House and Senate this morning. Kathie Obradovich’s latest column emphasizes that Culver has broken with tradition this year by not submitting his draft 2011 budget to lawmakers before the big speech. (The governor submitted a draft budget for fiscal year 2010 in late December 2008.) Obradovich concludes that Culver needs to be in the “spotlight” without focusing on the budget.

She doesn’t mention other factors that seem likely to have delayed the budget draft. The Tax Credit Review Panel, which Culver appointed after the film tax credit fiasco, only just submitted its recommendations on January 8. I can’t imagine how the governor’s staff would put together a draft budget without knowing which tax credits deserve to be continued, scaled back or eliminated. Another possible source of delay is the State Government Reorganization Commission made up of Iowa House and Senate members, which voted on a list of cost-saving measures last month. Those measures would affect assumptions on state spending in the coming fiscal year.

Republican former governor Terry Branstad bragged to Obradovich that he always submitted his budgets early, adding that state legislators now face a shorter session without having the budget in hand.

However, Senate Majority Leader Mike Gronstal told Radio Iowa this week that lawmakers will move a major bill on reorganizing state government before they start work on next year’s budget. It makes sense, because you can’t make accurate spending projections without knowing how state agencies will be restructured.

I’ll update this post later with more details of Culver’s speech.

UPDATE: The Burlington Hawk Eye posted the transcript. He asked legislators “to pass a supplemental appropriations bill early this session to restore some of the cuts to the Department of Public Defense” (Culver cut the current-year budget across the board in October.) For the fiscal 2011 budget, Culver asked lawmakers “to fully fund community college job training, and to adequately fund the Department of Workforce Development. And, to create more ‘green collar jobs,’ of the future, to fully fund the Iowa Power Fund.” Longer excerpts from the speech are after the jump.

The Iowa Legislature’s 2010 session opened today. I posted links to previews of hot topics for lawmakers in this thread, but after the jump I’ve posted some fresh items and excerpts for you to read.

About 200 people attended One Iowa’s Equality Red Blue Purple event on Sunday in Des Moines. A coalition of more than two dozen statewide organizations, including major labor unions, oppose a constitutional amendment to rescind same-sex marriage rights in Iowa. Republicans as well as Democrats have signed on as co-chairs of Equality Red Blue Purple, and dozens of local organizations have joined the coalition too. After the jump I’ve posted the full list of co-chairs and coalition members.

On Tuesday, supporters of marriage equality plan to deliver “over 15,000 postcard petitions to legislators in every district in the state,” according to One Iowa’s Justin Uebelhor. Opponents of same-sex marriage plan a large rally at the capitol on Tuesday as well.

This week One Iowa’s television ad, “This Place,” will run in the Des Moines market. The ad was created soon after the Iowa Supreme Court’s ruling last April. It depicts marriage equality as consistent with Iowa traditions of fairness and protecting our freedoms under the state constitution.

Click here to donate to keep this ad on the air for an extra week.

Democratic legislative leaders have vowed not to allow floor votes on a constitutional amendment to ban same-sex marriage during the 2010 legislative session. However, Republicans will try various procedural tricks to force a vote on the issue. I expect Democratic lawmakers to stand firm against a marriage amendment, and I hope that they won’t cop out when confronted by constituents who want to ban gay marriage.

On a related note, a lawsuit against California’s Proposition 8, which banned same-sex marriages, goes forward this week in federal court. The lead attorneys are David Boies and Ted Olson, who were on opposite sides during the Bush v Gore case that decided the 2000 presidential election. Writing in Newsweek, Olson laid out “The Conservative Case for Gay Marriage,” which is worth a read.

However, not all advocates of marriage equality support the strategy of appealing Prop 8 in federal court. At Daily Kos, SoCalLiberal laid out the argument against pursuing this lawsuit, favoring an effort to repeal Prop 8 at the ballot box in 2012.

The legislative session begins this week, and budget issues are likely to dominate the proceedings.

Some state tax credits will be scrapped and others curtailed if lawmakers enact recommendations released on Friday by a commission Governor Chet Culver appointed. State Senator Joe Bolkcom, who chairs the Ways and Means Committee in the upper chamber, has vowed to pass as many of the recommendations as possible. I expect major pushback from corporate lobbyists against many of the proposals, however.

House Speaker Pat Murphy is not ruling out significant layoffs of state workers. It really is unfair to balance the budget mostly on the backs of state workers, especially since demand for state services increases during a recession.

I was surprised to see Culver’s chief of staff, John Frew, suggest a scaled-back version of “fair share” legislation could pass this session. If Democrats don’t have the votes for a prevailing wage bill, I can’t imagine they’ll get 51 votes for fair share, but I hope I’m wrong.

Kathie Obradovich previews other issues that are likely to come up during the legislative session.

Democratic leaders insist a constitutional amendment to ban same-sex marriage is off the table, but Republicans will use every trick in the book to try to bring the issue to the floor.

Roxanne Conlin plans to visit all 99 counties in her Senate campaign, just like Senator Chuck Grassley has been doing every year for the past three decades.

In other news, Iowa may be on the verge of coming out of the deep freeze. I read today that the highest temperature recorded anywhere in Iowa since January 1 was 20 degrees Fahrenheit one day in Keokuk (southeast corner of the state). How are you surviving the cold? I’ve been wearing slippers, wool sweaters and extra layers. My kids still insist they are comfortable running around the house in pajamas and bare feet. Our dog could walk for miles, even on the days when it’s been below zero F when I’m out with him.

This thread is for anything on your mind this weekend.

Key Democratic lawmakers will push for new limits on payday lending during the Iowa legislature’s upcoming session, which starts on January 12. State Senator Joe Bolkcom, who chairs the Senate Ways and Means Committee, called for restricting the “loan shark rates” the industry typically charges. The Iowa Catholic Conference also supports limiting the interest rate for payday loans to 36 percent. That’s welcome news. Although 36 percent interest is still quite high, it’s a lot better than the 300 to 400 percent interest rates payday lenders are in effect currently charging customers.

In 2007, the Iowa legislature had smaller Democratic majorities yet managed to pass a bill capping interest rates on car-title loans at 21 percent. (Former Governor Tom Vilsack and Attorney General Tom Miller had advocated that reform for a long time, but Republican leaders refused to allow a vote in the Iowa House when they controlled the chamber.)

In theory, it shouldn’t be hard for House Democrats to find 51 votes out of their 56-member caucus to pass payday lending reform. However, at yesterday’s press conference with Senator Bolkcom, State Representative Janet Petersen expressed doubt that an interest rate cap could pass the House Commerce Committee, which she chairs.

I hope we’re not in for another round of a few Iowa House Democrats blocking legislation that would serve the public interest. More thoughts on this issue are after the jump.

On Monday Governor Chet Culver appointed Bret Mills as the new director of the Iowa Department of Economic Development. Mills will replace Fred Hubbell, who agreed to serve as interim IDED director this fall after Mike Tramontina resigned due to problems with Iowa’s film tax credit.

Up to now, Mills has been director of the Iowa Finance Authority. Also on Monday, Culver appointed Joe O’Hern to replace Mills as IFA director. For the last three months, O’Hern has been interim deputy director of IDED.

In addition, Culver announced plans to move the HOME Investment Partnership program from IDED to the Iowa Finance Authority: “This not only will help streamline our housing efforts, but it will ensure that IDED is staying true to its mission: attracting new businesses, growing current companies, and retaining and creating jobs statewide.”

The press release from the governor’s office contains more background on the HOME program and short official bios of Mills and O’Hern. Given their qualifications, they should have no trouble being confirmed by the Iowa Senate.

The film tax credit fiasco sparked the turmoil at IDED, and the department won’t issue new credits under that program for the remainder of this fiscal year. However, film credits already awarded will cost taxpayers tens of millions of dollars.

The upside is that all state tax credits are being subjected to much more scrutiny. Debates about scrapping or scaling back some of the business tax credits will be among the most contentious issues of the 2010 legislative session. Ordinarily, I would not expect legislators to defy any well-funded corporate interests, but this year the budget is so tight that I see no way they can continue with the status quo. Lee Rood reported for the Des Moines Register earlier this month:

Iowa’s incentives for filmmaking may have been the most generous in the country, but they were not the first of the state’s tax credits to skyrocket in cost.

Over the years, other carrots offered by the state to stimulate job creation, development and research have grown dramatically – while sometimes being subject to limited oversight.

A Des Moines Register review of some of the state’s biggest tax credit incentives found state leaders had reason to worry about runaway costs, lack of transparency and waste long before Iowa’s botched attempt at using tax breaks to jump-start a film industry made international news.

That review found the state auditor had identified almost identical oversight problems in another tax credit program; state law required almost no outside oversight of some of the biggest credit programs; and authorities already knew that a portion of projects that tapped the most widely used programs had problems […]

In yesterday’s Register, Rood reviewed five tax credits that “could cost the state more money over the next five years than the film-making tax incentives […] for research, job training, historic preservation, development in distressed areas and high-quality jobs.”  

For a guy who claims to be proud of his record, former governor Terry Branstad sure has a funny way of showing it.

On one issue after another, Branstad takes credit for things he didn’t do and evades responsibility for things he did. So, the governor who kept two sets of books boasts about enacting budget reforms that that other people pushed in response to his fiscal mismanagement.

The governor who used state bonding more than once says that politicians who create debt should be voted out of office.

Pressed on his record of expanding gambling in Iowa, Branstad has suggested he had little choice in the matter: “What was I supposed to do? Over 70% of the people wanted it even though I was personally opposed to it.”

Now Branstad is playing the same game on the Road Use Tax Fund and the idea of eliminating federal deductibility from Iowa’s tax system.

Normally, people who write laws want the rest of us to follow those laws. However, when enforcing a statute costs a corporate interest group more money, prepare to hear some whining about government officials doing their jobs. So it was last week, when the Iowa Legislature’s Administrative Rules Review Committee unanimously approved rules formulated by Iowa Department of Inspections and Appeals.

The rules expand the number of hospital workers who are considered mandatory reporters of abuse to include food service workers and housekeeping staff, and define “gross negligence” as a form of abuse.

Lobbyists for Iowa’s hospitals and nursing homes attended Tuesday’s meeting and argued against approval. They said the state inspectors’ definition of gross negligence would result in too many caregivers being branded as abusers. They argued that gross negligence requires a willful, deliberate effort to harm a patient. […]

Representatives of Iowa AARP, the Governor’s Developmental Disability Council and Iowa Protection and Advocacy argued that industry proposals would weaken protection for seniors.

Rep. Bruce Hunter, a Des Moines Democrat who managed legislation related to the proposed rules, addressed the committee and said the industry’s proposed definition of gross negligence was unworkable.

“It would make it very, very difficult, if not impossible, to prosecute somebody in a nursing home or a hospital,” he said. “Yes, we want to make prosecution difficult because dependent-adult abuse is a serious charge, but we don’t want to make it impossible.”

Democratic State Representative Marcella Frevert

expressed dismay that regulators seemed to have regressed from “educational and helpful” enforcement to a “gotcha mentality” of penalizing violators.

Frevert joined the rest of the committee in approving the inspections department’s proposals, but said the full Legislature should consider revisiting the issue in 2010. “So, this isn’t over,” she said.

Here’s an idea: let’s stop issuing tickets for speeding and running red lights in favor of more “educational and helpful” enforcement of traffic laws.

Seriously, those talking points about the “gotcha” mentality of nursing home regulators sound familiar. That’s because legislators from both parties have made the same points in the past. By an amazing coincidence, those legislators have taken expenses-paid trips to Washington courtesy of the Iowa Healthcare Association, which represents nursing homes.

This issue bears watching during the 2010 legislative session, because nursing home operators know their way around the capitol and are good at getting what they want. Legislators could do this group a favor by relaxing the rules on “gross negligence” in nursing homes, and it wouldn’t cost an extra dollar from the general fund.  

Shortly after the film tax credit scandal broke in September, Governor Chet Culver promised a “comprehensive review” of all tax credits. On Thursday we learned more about how this review will be conducted. Recommendations are likely before the state legislature convenes in January 2010.

Join me after the jump for additional details and analysis.