# 2011 Session



Impeachment going nowhere and other Iowa Supreme Court news

Last week, a group of conservative Iowa House Republicans finally made good on their promise to introduce articles of impeachment against the four remaining Iowa Supreme Court justices who concurred in the 2009 Varnum v Brien decision on marriage. The impeachment bills won’t make it out of committee, let alone the Iowa House, but there may be some political fallout from the effort.

After the jump I examine the articles of impeachment, future prospects for their backers and recent news related to the 2012 judicial retention elections.

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Events coming up this week

Sometime this week the Iowa Senate will consider Senate File 390, the nuclear energy rip-off bill Bleeding Heartland discussed here and here. MidAmerican Energy, which would benefit from the bill, has given generously to Iowa legislators from both parties and to political action committees. Constituents need to urge senators to reject this bill, which would hurt consumers, or at least table it. MidAmerican is in only the first year of a three-year feasibility study on nuclear power in Iowa. The Senate switchboard number is (515) 281-3371, or you can e-mail your senator. The Sierra Club Iowa chapter created an easy e-mail form here and posted a four-page pdf with more background information: “MidAmerican Energy Company’s Misguided Pursuit of Nuclear Power: removing barriers, providing incentives, and skirting the existing regulatory process.”

The Iowa Natural Heritage Foundation is hiring a Land Projects Associate to “provide support for 40-50 active land protection projects.” Click the link for the job description and skill requirements. Applications are due May 2. The 125-acre Bernau Prairie in Kossuth County is one recent example of a completed INHF land protection project.  

The Women, Food and Agriculture Network is accepting nominations for the second annual “Sustainable Farming Mom of the Year” award. Click here to view the 2010 finalists and winner. Nominations are due by 5 pm central time on Friday, May 6.

Trees Forever is seeking Iowans age 25 or younger to serve on its Youth Advisory Council. Applicants may be in high school, college or out of school. The Trees Forever site has more information on the council’s role.

Details on lots of events coming up this week are after the jump. Please post a comment or send me an e-mail if you know of another public event that should be mentioned here.

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Weekend open thread: Abortion and pregnancy edition

This week Governor Terry Branstad declared April to be “Abortion Recovery Month” in Iowa. Anti-choice organizations and crisis pregnancy centers were invited to the proclamation signing, and women who regret their abortions spoke at a press conference. Human beings have complex reactions to significant life events, and I feel empathy for anyone who feels sad about important choices. However, it is inaccurate to suggest that all women who exercise their legal right to an abortion need to go through a “recovery” process. The American Psychological Association’s Task Force on Mental Health and Abortion concluded in a 2008 report that “among adult women who have an unplanned pregnancy the relative risk of mental health problems is no greater if they have a single elective first-trimester abortion than if they deliver that pregnancy. […] the TFMHA reviewed no evidence sufficient to support the claim that an observed association between abortion history and mental health was caused by the abortion per se, as opposed to other factors.” Some mental health professionals believe that “emotional issues, especially feelings of guilt, begin to rise along with anti-choice efforts to restrict abortion.”

The Iowa House approved a 20-week abortion ban at the end of March. The bill is modeled on a Nebraska statute and is intended to deter an Omaha-based doctor from opening a new abortion clinic in Council Bluffs. It has stalled in the Senate Government Oversight Committee. Committee Chairman Tom Courtney said in mid-April that it was too late in the legislative session to adequately review the bill this year, and he would prefer to take it up in 2012. Council Bluffs Mayor Tom Hanafan, a Democrat, recently urged the Senate to act on the bill before adjourning. The mayor does not want his city to become “home to a clinic that specializes in later term abortions.” Senate Majority Leader Mike Gronstal, who represents the Council Bluffs area, has said he would not block the abortion bill from coming to a vote and is letting the normal committee process work.

Women who are pregnant and planning to stay pregnant should be aware that April is cesarean awareness month. At the request of Iowa chapters of the International Cesarean Awareness Network, Branstad issued a proclamation to that effect. The c-section rate in Iowa rose to 30.2 percent in 2009, the most recent year for which statistics are available. That is way above the optimal level, but the national average is even higher at 32.9 percent. The central Iowa chapter of the International Cesarean Awareness Network posted statistics for c-sections and vaginal births after cesareans (VBACs) in Iowa hospitals here. Unfortunately, more than three quarters of Iowa hospitals prohibit pregnant women from even attempting VBACs. The U.S. Department of Health and Human Services’ Healthy People 2010 initiative set a goal of reducing the cesarean birth rate for low-risk women to 15 percent for women giving birth for the first time and 72 percent for women who have had a prior cesarean birth. Having a doula present during labor has been proven to reduce the need for cesareans and other major interventions.

Whether or not they are able to become pregnant, all sexually active people should be aware that April is STD Awareness Month. The Centers for Disease Control has lots of relevant facts and figures here. Planned Parenthood of the Heartland clinics across Iowa are encouraging people to get themselves tested for sexually transmitted diseases.

This is an open thread. What’s on your mind this weekend, Bleeding Heartland readers?

UPDATE: State Representative Kurt Swaim is not running for re-election in the new House district 82, which covers Davis and Van Buren counties and most of Jefferson County, including Fairfield. Swaim and fellow Democrat Curt Hanson were both placed in that district, but most of the population lives on Hanson’s current turf. Swaim was one of four House Democrats to vote for the 20-week abortion ban, one of three House Democrats to vote for a constitutional amendment banning same-sex marriage, and one of nine House Democrats to vote for a bill banning secret recordings on Iowa farms. Hanson voted against all of those bills.

Shorter Branstad to lawmakers: My way or the highway

Before this year’s legislative session began, I thought the Democrats in the Iowa Senate would more easily find common ground with Governor Terry Branstad than with the Republican-controlled Iowa House. Branstad dealt with a Democratic or divided legislature for 14 of his 16 previous years as governor, while most of the House Republicans weren’t serving in the legislature at that time.

This week Branstad proved me wrong, rejecting key provisions of a compromise bill that passed both chambers unanimously and a Democratic offer to meet him halfway on biennial budgeting. Follow me after the jump for more on those stories.

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Evidence doesn't support Branstad's claims on biennial budgeting

Governor Terry Branstad, Republican Iowa House Speaker Kraig Paulsen and Democratic Senate Majority Leader Mike Gronstal met yesterday to talk about the state budget. Paulsen left the meeting feeling less optimistic that the Iowa legislature will finish its work for the year on schedule, by April 29. Senate President Jack Kibbie concurred that the budget discussion “didn’t go very well.” Unresolved issues include the overall amount of state spending, allocations for education and human services, and the right approach for commercial property tax reform.

Kibbie told IowaPolitics.com that the biggest roadblock is Branstad’s commitment to two-year budgeting. The governor vetoed a one-year transportation appropriations bill last week, claiming two-year plans were essential to “restore predictability and stability to the state budgeting process.” In a press release on Monday, Branstad repeated that his administration “remains committed to a biennial state budget,” which, he said, would provide “predictability for communities while ensuring a solid fiscal foundation for future generations of Iowans.”

I’ve never understood how Branstad can say with a straight face that it’s fiscally responsible to approve a two-year spending plan in the absence of two-year revenue projections. Furthermore, most states that adopt biennial budgets face a projected budget gap larger than Iowa’s for fiscal year 2012. Names and numbers are after the jump.

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Compromise tax cut bill clears Iowa House and Senate

In the first major breakthrough on tax policy this legislative session, a bill containing tax cuts and supplemental appropriations cleared an Iowa House and Senate conference committee Monday, then passed both chambers unanimously.

Details are after the jump, along with recent news on efforts to reach a compromise on the state budget for fiscal year 2012.

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Weekend open thread: No joy for online poker players

A bill to legalize online poker in Iowa has been up and down this legislative session. The effort spearheaded by Democratic Senator Jeff Danielson stayed alive past the funnel deadline but faced opposition within both political parties. On Thursday the Iowa Senate Ways and Means Committee called for further study of the issue.  

[Senate File 458] asks the Iowa Racing and Gaming Commission to prepare a report to the Iowa Legislature by Dec. 1 regarding the creation of a framework for state regulation of intrastate Internet poker. […]

The state commission’s report on Internet poker would be required to consider the current state of unregulated Internet poker play in Iowa, consumer protection, and “responsible gaming” measures that can be implemented.  The commission could also consult with Iowa casinos and potential Internet poker hub operators in developing the report.

Sen. William Dotzler, D-Waterloo, the bill’s manager,  said the revised proposal will allow lawmakers to take a deliberate approach to examining Internet gambling, recognizing that thousands of Iowans are already gambling online. Other proposed changes are aimed at recognizing the important role that casinos and gambling have in contributing to the economies of  Iowa’s communities, he said.

Some commission reports influence future legislation; others collect dust on shelves at the statehouse. Enthusiasts for bringing legal online poker to Iowa say it would harvest some $30 million in state tax revenues from an activity Iowans are already engaged in. Opponents say it would increase compulsive gambling and diminish protection against underage or drunk people losing money through Iowa casinos. In the Des Moines Register’s Iowa Poll conducted by Selzer and Co. in February, respondents against legalizing online gambling outnumbered supporters 3 to 1.  That survey did not ask specifically about online poker games.

I tend to agree that Iowa has enough gambling already. Enticing people to spend more on new forms of gambling will hurt local economies by reducing the amount people spend on goods and services in their own communities. Online poker is not going to solve the state’s budget issues or create a large contingent of self-made poker-playing millionaires.

On Friday, federal prosecutors indicted founders of three of popular online poker websites for fraud and money laundering and shut down the Full Tilt Poker, PokerStars and Absolute Poker sites. Depending on how you view the issue, this prosecution could either undermine or strengthen the case for legalizing and regulating online gambling in the U.S.

This is an open thread. What’s on your mind this weekend, Bleeding Heartland readers?

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Iowa House and Senate approve redistricting plan

The Iowa House and Senate voted this morning to accept the first redistricting plan proposed by the Legislative Services Agency. Click here to view maps of the redrawn Congressional and state legislative districts.

The Senate vote was 48 to 1, with Republican Sandy Greiner the only dissenter. Greiner would not face re-election in 2012 under the plan, but her new district contains more of Johnson County, and for that reason would have a Democratic voter registration advantage. Republican State Senator James Hahn had previously said he would vote no on this plan; perhaps he and fellow Republican Shawn Hamerlinck have figured out what to do now that they are in the same Senate district.

John Deeth explains here which senators would face the voters in 2012 and how some potential contests between two incumbents might shake out. I would add that Pat Ward is not guaranteed an uncontested GOP primary in the new 22nd district, containing Waukee, Windsor Heights, Clive and a lot of West Des Moines. Other people, including former radio talk show host Steve Deace, may be interested in that safe GOP seat.

In the Iowa House, 91 representatives voted for the plan, including all Democrats present and most of the Republican caucus. Seven House Republicans voted no. Clel Baudler’s House seat was and remains solidly Republican; maybe he just doesn’t like the idea of being in the new third Congressional district (a swing district).

Mark Brandenburg and Mary Ann Hanusa were two more no votes; the plan puts them into the same Council Bluffs House seat, leaving Democrats a possible pickup in the empty district containing the rest of Council Bluffs.

Annette Sweeney was another no vote; she’s risen to the position of House Agriculture Committee chair but now will be thrown into a district with Pat Grassley. He didn’t vote against the plan, so maybe Sweeney feels she will get the short end of the stick there.

Two members of the House Republican leadership team voted against the map. One was Assistant Majority Leader Renee Schulte, and I’m not surprised. She won her Cedar Rapids district by only 13 votes in 2008, and the new map gives Democrats a larger registration advantage there. UPDATE: Schulte said she opposed splitting the Iowa City/Cedar Rapids corridor into two Congressional districts.

House Speaker Pro Tem Jeff Kaufmann was the other member of the Republican leadership team to vote no today. Deeth notes that his new district leans Democratic, losing part of Muscatine County while gaining more of Johnson County. UPDATE: Kaufmann wrote to Deeth:

It would have been nice for you to ask me about my NO vote. It had nothing to do with my new House seat. My seat has always been Democratic-leaning and was actually almost 1200 plus Democrats a few years ago. In fact since it is rural Johnson County it is only about a 500 vote difference than my current district even after the 2010 election. Actually a new map could have been much worse for me in party registration […].

My NO vote had to do with the new Senate District and my constituents, both Democratic and Republican, wanting uniformity in their Senate District instead of a rural county attached to an urban area. My NO vote reflected the desire to have a conversation about uniformity within Senate Districts, something I have talked about for years.

Governor Terry Branstad now has three days to sign or veto the redistricting bill. He has promised a careful review but also indicated that he hasn’t heard “a compelling reason to reject it.” For that matter, neither has anyone else. Yesterday The Iowa Republican blog publisher Craig Robinson suggested that the maps aren’t good for Republicans long-term and said he’d like to see what was behind door number 2. Perhaps Robinson is trying to encourage Branstad to veto the plan, or he could just be spinning.

After today’s votes in the legislature, Representative Dave Loebsack confirmed that he will move from Linn County, which would be part of the first Congressional district, into the new second district, covering most of southeast Iowa.

UPDATE: Statements from Loebsack, Iowa GOP Chairman Matt Strawn and Iowa Democratic Party Chair Sue Dvorsky are after the jump.

Tom Latham’s press secretary told the Sioux City Journal’s Bret Hayworth that “the congressman will have no statement on the redistricting plan and what it means for him, since it’s still not official, pending action by the governor.”

SECOND UPDATE: Added Bruce Braley’s statement below.

THIRD UPDATE: Added Leonard Boswell’s statement. James Q. Lynch talked to several of the Republicans who voted no. Excerpts from their comments are below.

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Iowa Senate may reject two Branstad appointees (updated)

The Iowa Senate confirmed six of Governor Terry Branstad’s appointees to state offices and boards yesterday, but Democratic senators indicated that two of the governor’s picks may not receive the two-thirds vote needed in the upper chamber. Meanwhile, Branstad suggested at his weekly press conference that race may be a factor in opposition to Isaiah McGee as director of the Iowa Department of Human Rights.

Follow me after the jump for more on who was confirmed yesterday and the battles coming later this week.

UPDATE: On April 12 the Senate rejected McGee as well as William Gustoff, one of Branstad’s appointees to the state Judicial Nominating Commission. Senators confirmed Teresa Wahlert with two votes to spare and three members of the Environmental Protection Commission. Details on the April 12 votes are below.

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Commission recommends passage of first Iowa redistricting plan

The five-member Temporary Redistricting Advisory Commission unanimously recommended today that the Iowa legislature “accept the first proposed Congressional and Legislative redistricting plan,” submitted by the Legislative Services Agency on March 31. I’ve posted the full text of the commission’s report after the jump. Key excerpt:

a. The Commission is grateful to those members of the public who made the effort to provide oral and written testimony concerning the redistricting plan and for those members of the public who attended the public hearings conducted throughout the state. While the concerns expressed by the participants at the public hearings concerning the plan were thoughtful and constructive, they were not within the constitutional and statutory criteria upon which the plan is to be evaluated by the Commission and the Commission is of the opinion that the Legislative Services Agency has satisfied those constitutional and statutory requirements.

b. The Commission is supportive of the many comments heard during the public hearings praising Iowa’s unique and nonpartisan redistricting process.

The commission’s report did not specifically address concerns that Bettendorf resident James Davis raised in a 20-page document last week. Bleeding Heartland discussed Davis’ arguments about the “convenience” standard and other criticisms of the redistricting plan here.

Click here to download the proposed Iowa maps for four Congressional districts, 100 House districts and 50 Senate districts. The Legislative Services Agency’s report on the redistricting proposal is available there too. The Iowa House and Senate may consider House Study Bill 235 as early as this Thursday. If both chambers approve the plan and Governor Terry Branstad signs the bill, Iowa will be the first state to complete its redistricting process.

On Iowa Public Television over the weekend, House Speaker Kraig Paulsen said of the proposal, “I look at the House map, I see a pathway to Republican control;  I can also see a pathway to Democratic control.  So that tells me maybe there’s a heightened level of fairness.” Senate Majority Leader Mike Gronstal commented, “I’d actually say the opposite.  We kind of both don’t like what we see but don’t figure there’s a way to get a better map.  If it was actually stacked pretty well for Democrats, I’m pretty sure Speaker Paulsen is going to take it down in the House and vice versa.  So we both look at the map and see no guarantees, but we both see a pathway. And that is […] that is kind of the essence of a fair map.”

Share any thoughts about the redistricting plan or process in this thread.

P.S.: A rumor going around says Christie Vilsack has been calling state legislators in the proposed second Congressional district.

P.P.S: Representative Dave Loebsack is said to be calling state legislators in his district too.

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Iowa House passes big government abortion ban

The abortion issue magically transforms conservatives from people who want to keep bureaucrats from getting between you and your doctor into people eager to let the government limit pregnant women’s medical care. The Iowa House demonstrated that contradiction again yesterday, as representatives approved a ban on most abortions after 20 weeks gestation.

House File 657 is modeled on a Nebraska statute with the intent of stopping Omaha physician Leroy Carhart from opening an abortion clinic in Iowa. State representatives voted 60 to 39 to send the bill to the Senate. The yes votes included 56 Republicans and four Democrats: Dan Muhlbauer (district 51), Brian Quirk (district 15), Kurt Swaim (district 94) and Roger Thomas (district 24). Three first-term Republicans–Kim Pearson (district 42), Glen Massie (district 74) and Tom Shaw (district 8)–voted no, along with the rest of the House Democratic caucus. Those Republicans have argued against the bill because it would ban less than 1 percent of abortions in Iowa; their opposition forced House Republican leaders to pull the bill out of the House Human Resources Committee and send it to Government Oversight instead.

Excerpts from yesterday’s arguments for and against House File 657 are after the jump, along with thoughts about the bill’s prospects in the Iowa Senate.

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Iowa Republicans make up numbers for two-year budget

Overshadowed by other news from the capitol this week, the Iowa House approved the first budget bill of the 2011 session. In keeping with Governor Terry Branstad’s desire to move Iowa to biennial budgeting, the House Appropriations Committee wrote House File 642 to include two years of funding for the Department of Transportation. In most areas of the DOT’s work, House File 642 allocates the same amount of money for fiscal year 2013 (July 2012 through June 2013) as it does for fiscal year 2012 (beginning this July, ending next June).

Since Iowa Republicans have promised countless times not to spend more than the state takes in, it’s important to remember that there are no Iowa revenue forecasts for fiscal year 2013. The Revenue Estimating Conference meets periodically to revise revenue projections for the current budget year and the one to come, but even the most preliminary numbers for fiscal year 2013 have yet to appear. Iowa law restricts general fund spending to no more than 99 percent of projected revenues, but if Republicans who control the Iowa House write the remaining budget bills they way they wrote House File 642, they will have no idea whether they are spending 89 percent or 99 percent or 109 percent of state revenues in 2013. They’ll be making a shot in the dark.

Over the last several decades, many states have moved away from biennial budgeting. It’s hard enough to forecast revenues 12-18 months into the future, let alone for a full year beyond that. Minnesota’s use of biennial budgets is one reason why its fiscal problems during the “Great Recession” were much worse than Iowa’s. But at least in Minnesota, lawmakers have two-year revenue projections to work with when they draft a two-year spending plan. Iowa House Republicans seem ready to take on faith that revenues will be at least as high in fiscal year 2013 as in fiscal year 2012.

State Representative Tyler Olson, the ranking Democrat on the House Appropriations Committee, argued against pulling numbers “out of thin air” for House File 642. During floor debate on March 30, he offered an amendment to make the bill cover one fiscal year instead. His amendment failed on a party-line 58 to 40 vote (pdf). Shortly after, House File 642 passed 60 to 39, with only Democrat Brian Quirk (district 15) joining all Republicans present to vote yes. House File 642 contains a $5.2 million appropriation to replace a facility in New Hampton (Chickasaw County), which is in Quirk’s district.

In the Democratic-controlled Iowa Senate, biennial budgeting will be a tough sell. I expect the Senate Appropriations Committee to strike all fiscal year 2013 appropriations from House File 642. Add this to the list of contentious budget issues that Senate Democrats, the governor and House Republicans must settle during the next month. I have no idea what concessions either side will be willing to make.

Speaking of transportation, Bleeding Heartland readers may recall that Branstad hasn’t yet appointed a new director for the Iowa DOT. Instead, he asked Nancy Richardson to stay on in that role through the end of the 2011 legislative session. Branstad’s spokesman said in December that the administration needed extra time to do a nationwide search for a director. That would be unlike the way Branstad filled other state government positions. Jason Clayworth reported this week that as governor-elect, Branstad interviewed only one candidate for many jobs. Often Branstad overlooked all applicants to choose a person who hadn’t even applied for the position.

“In most cases I sought out people for these positions,” Branstad said. “Some of them applied, but, for the most part, I really went after people who I thought would be the best.”

I still wonder whether Branstad has always had a particular person in mind to run the DOT. Delaying that appointment until after the legislative session would make sense if Branstad’s choice was unavailable until late spring or summer, or was controversial enough to face problems during the Iowa Senate confirmation process.

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Iowa redistricting timeline and events coming up this week

Political junkies anxiously await the Legislative Services Agency’s release of a new Iowa map at 8:15 am on March 31. To learn more about the process, check out the “Introduction to Redistricting in Iowa” from the state legislature’s official website. The Legislative Guide to Redistricting in Iowa (pdf) contains many details on the history of redistricting and legal requirements governing the process for drawing new maps. Here’s a timeline of what to expect during this process.

March 31: The Legislative Services Agency will deliver a congressional and legislative redistricting plan to both chambers of the General Assembly (the law requires this to be done by April 1).

April 4-7: The Temporary Redistricting Advisory Commission must “schedule and conduct at least three public hearings in different geographic regions of the state and to issue a report to the General Assembly summarizing the information and testimony received.” This year the commission scheduled four public hearings, one for each Congressional district. Locations and times of public hearings scheduled for April 4-7 are at the end of this post.

April 13: The commission must then report to the legislature on the input from public hearings, no later than two weeks after the Legislative Services Agency submitted the plan.

Second half of April: The Iowa House and Senate must bring a redistricting bill to a vote “expeditiously” but no sooner than three days after receiving the Temporary Redistricting Advisory Commission’s report. The map receives an up or down vote; lawmakers cannot amend it during this stage of the process.

Late May or early June: If the Iowa House or Senate rejects the first redistricting plan, or Governor Terry Branstad vetoes it, the Legislative Services Agency has 35 days to submit a second plan to the legislature. “The second plan must be prepared in accordance with the reasons cited, if any, by the Senate or the House by resolution or the Governor by veto message, for the failure to approve the first plan, as long as the reasons do not conflict with any redistricting standard provided by the Code.” No public hearings are required on the second redistricting plan. The Iowa House and Senate must wait at least seven days after it has been submitted to vote on it, and again, no amendments are allowed. Branstad would have to call a special session of the legislature for this, since the Iowa House and Senate are expected to adjourn for the year in early May.

Late summer: If either chamber of the legislature or the governor rejects the second plan, the Legislative Services Agency is required to submit a third map within 35 days of when the second plan was rejected. No public hearings are required. The legislature must wait at least seven days to vote on the third plan, which can be amended like an ordinary bill. However, the Republican-controlled Iowa House and the Democratic-controlled Iowa Senate would probably find it difficult to amend the map to a mutually agreeable form.

September: If no consensus is reached on a third map, or Branstad vetoes a map approved by the legislature, the Iowa Supreme Court would take responsibility for drawing a valid map and would have to complete the process by December 31. If the legislature enacts a plan that is successfully challenged in the Iowa Supreme Court, the seven justices would take over the process of drawing a new apportionment plan. They would have 90 days from the date of their ruling striking down the map to complete the process.

The Des Moines rumor mill says politicians in both parties are wary of letting the Iowa Supreme Court draw political lines for the next decade. In all likelihood state legislators and the governor will sign off on either the first or the second map offered by the Legislative Services Agency. UPDATE: Citing unnamed Republican and Democratic insiders, Cityview’s Civic Skinny predicts the first map will be rejected “no matter how fair and how close to perfect it is,” but legislators will “avoid a third map that could conceivably be defeated.”

After the jump I’ve posted details on many events going on around the state this week. Scroll to the bottom to find out where and when the public can comment on the new Iowa map between April 4 and 7.

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Iowa House Democrats afraid to stand up to Big Ag

Although the 60-40 Republican majority leaves Iowa House Democrats few opportunities to block legislation, the Democratic caucus has taken a high-profile stands against some GOP proposals this year. House Democrats spoke passionately against preschool cuts in the first major bill of the 2011 session. Democrats fought the GOP’s bill to restrict collective bargaining at public rallies, all night in the House Labor Committee and for days on the House floor. The ranking Democrat on the House Appropriations Committee spoke out against the GOP’s income tax cut bill, and Democrats tried to redirect that proposal toward middle income Iowans.

In contrast, House Democrats have made little noise about bills that elevate the needs of agribusiness over the public interest. Earlier this month, nearly a quarter of the Democratic caucus voted to protect factory farms from undercover recordings to expose animal abuses. I saw no public comments from House minority leaders opposing that bill, which may well be unconstitutional.

Last week state representatives approved House File 643, which transfers several water quality responsibilities from the Department of Natural Resources to the Iowa Department of Agriculture and Land Stewardship. After minimal floor debate, seven Democrats voted with all the Republicans present for a bill that would impair efforts to limit water pollution. I saw no public comments or press releases from House minority leaders criticizing the bill or decrying its passage.

Follow me after the jump for more on House File 643 and its implications.

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Weekend open thread: Dark days for Iowa doves

Iowa will soon introduce a season for hunting mourning doves, which had been protected for nearly 100 years as a symbol of peace. Last week, with no debate in the Iowa House or Senate, Senate File 464 passed both chambers easily. Governor Terry Branstad signed the bill into law with the usual photo-op for key backers, but he didn’t seem keen on media attention. The official press release on signing Senate File 464 lacked any quotes about how great the new law will be.

Over the decades, many Iowa lawmakers introduced dove-hunting legislation, and the Republican-controlled House and Senate approved a bill in 2001, but Governor Tom Vilsack vetoed it. Feelings on this issue have never broken down strictly on party lines; Democratic Senator Dick Dearden of Des Moines has been one of the most committed dove-hunting advocates. Senate File 464 passed the Iowa Senate on a bipartisan 30-18 vote; 19 Republicans and 11 Democrats voted yes, while 15 Democrats and three Republicans voted no. The bill cleared the House by 58 to 39; 48 Republicans and 10 Democrats voted yes, while 11 Republicans and 28 Democrats voted no. You can find the Iowa Senate roll call here and the House roll call here.

The Des Moines Register’s editorial board argued that legislators should have respected tradition and left the ban in place. In a Mason-Dixon poll of 625 Iowa voters between March 17 and 19, 54 percent of Iowans were against legalizing dove-hunting, while just 25 percent supported it. The Humane Society of the United States commissioned the survey, which found majority opposition in the Republican, Democratic and independent sub-samples.

Although I don’t hunt, I don’t feel more connected to mourning doves than to other wild birds. On the other hand, I believe legislation to expand hunting should have included provisions to protect wildlife from lead poisoning, which is a significant problem in Iowa.

Other news that caught my eye this week:

The Des Moines Register’s chief political reporter since 2002, Tom Beaumont, took a new job as the Des Moines correspondent for Associated Press.

As Des Moines Correspondent, Beaumont will join a political coverage team that includes state government reporter Mike Glover and Iowa City Correspondent Ryan J. Foley. Along with reporters from across the region and the AP’s Washington staff, they will ensure the AP’s report on the caucuses and the 2012 election is consistently first and always complete.

With only nine or ten months remaining before the Iowa caucuses, that’s not a timely departure for the Register.

Iowa State University President Gregory Geoffroy informed the Board of Regents that he will step down in the summer of 2012. He’s held the job since July 2001. I hope that before he leaves, Geoffroy will do the right thing and help the Leopold Center for Sustainable Agriculture find strong leadership and more independence within the university. His successor won’t want to rile up the corporate interests that helped ISU set fundraising records during the past decade.  

This is an open thread. What’s on your mind, Bleeding Heartland readers?

UPDATE: Todd Dorman goes over the unusual process through which the dove-hunting bill passed:

Dove hunting did not soar to passage on gossamer wings, folks. It was more like a roach skittering across the kitchen floor in the dark, shielded from scrutiny by quick, deft maneuvers.

The dove bill was off the radar until just before a legislative funnel deadline that exterminates bills that don’t clear a committee. At the Senate Natural Resources and Environment Committee’s final meeting before the deadline, its chairman, Sen. Dick Dearden, D-Des Moines, sprung the bill and pushed it through. The bill was not on the committee’s published agenda. Surprise.

It passed the full Senate. That sent the bill to the House, where, normally, it would go through a House committee before being taken up on the floor. That provides some time for input and deliberation. Lawmakers can even call a public hearing.

Instead, just one day after Senate passage, House Republican leaders called up another Senate bill having to do with raccoon hunting. The House amended the raccoon bill so that it actually became the Senate dove bill. That very unusual bit of procedural crossbreeding allowed the dove bill to skip the House committee process entirely. Soon, the bill flew to Gov. Terry Branstad, who signed it fast and in private.

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Pro-nuclear bill bad for consumers, job creation

Legislation aimed at encouraging the expansion of nuclear power in Iowa is “a bad idea that gets worse by the minute,” according to a new report by Mark Cooper, Senior Fellow for Economic analysis at the Vermont Law School’s Institute for Energy and the Environment. Iowa Physicians for Social Responsibility commissioned the report, and Cooper summarized its conclusions at a Des Moines press conference today. He analyzed the nuclear industry as a whole and lessons learned from states that have adopted legislation similar to Iowa’s House File 561 and Senate File 390.

Cooper’s report focuses on the immense costs that this legislation would impose on customers of MidAmerican Energy, even if no new nuclear facility is ever built. The average MidAmerican customer may see utility bills go up $50 per month before any nuclear reactor comes online. MidAmerican President Bill Fehrman told Iowa lawmakers yesterday that nuclear power is less expensive than pursuing other methods of generating more electricity, such as solar power and natural gas. Perhaps he was unaware of recent comments by Exelon CEO John Rowe, who runs the largest nuclear plant operator in the U.S. Rowe is convinced that

“At the present time in the United States, new nuclear power reactors are not economical anyway with low load growth and very cheap natural gas. Natural gas generation is now the economic way of choice for low-carbon electricity and that will be true for at least a decade,” he said.

Cooper’s report demonstrates that nuclear power is not competitive with any other major method of producing electricity in terms of cost or efficiency. Massive up-front costs are one reason why nuclear projects in other parts of the U.S. have gone nowhere despite federal loan guarantees (see also here). Building nuclear power plants will only become more expensive in light of the ongoing disaster at Japan’s Fukushima facility.

Nuclear power projects also create relatively “few jobs per dollar invested,” “drain resources from household budgets,” “raise the cost of doing business” and primarily benefit foreign equipment vendors. Because the licensing and construction process for nuclear power plants is so slow, Cooper writes, “choosing nuclear reactors over efficiency and renewables not only produces many fewer local jobs in the aggregate, but takes much longer to get those jobs.”

For decades, activists opposed to nuclear power have focused on health and security concerns, such as the lack of appropriate long-term storage for nuclear waste, or the potential for an accident or terrorist attack to release large amounts of radiation. Cooper’s report shows that even if one sets aside all health and environmental concerns, nuclear power is a raw deal for consumers. MidAmerican ratepayers are unlikely ever to break even on this deal. The American Association for Retired Persons has been trying to get legislators to view the proposed bills from this perspective as well.

Governor Terry Branstad’s mind appears to be made up: he supports anything MidAmerican wants to help it build a nuclear power plant, because “we really can’t do it all with renewable.” I reject Branstad’s premise that efficiency measures and renewable energy projects can’t meet Iowa’s baseload electricity needs, but even if that were true, new natural gas-powered plants would be a far better use of resources than nuclear.

House File 561 has already cleared the Iowa House Commerce Committee and probably will pass the House easily. Senate File 390 is still being considered in subcommittee, and nine Democratic senators have urged their colleagues to shelve the proposal. (Cooper notes that other states that were considering similar legislation have put it on hold following the crisis in Japan.) Senate Commerce Committee Chair Swati Dandekar has scheduled a subcommittee meeting on this bill Monday, March 28 from 11:30 am to 1:00 pm in room 116 at the state capitol. Opponents of this bill should contact their representatives and senators, and members of the Senate Commerce Committee in particular.

After the jump I’ve posted today’s release from Iowa Physicians for Social Responsibility and several longer excerpts from Cooper’s report on advanced cost recovery for nuclear reactors.

UPDATE: MidAmerican disputes Cooper’s estimates on how much the average ratepayer’s utility bill would go up. I don’t put much stock in estimates from a company whose president claims nuclear power is less expensive than natural gas.

SECOND UPDATE: Paul Deaton of Iowa Physicians for Social Responsibility discusses MidAmerican’s shifting cost estimates and argues, “no single document lays out all of the impacts of HF 561 and SF 390 to consumers and that’s the point. The Iowa legislature needs to slow down, get the facts and then make a decision about nuclear power.”

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Never mind the experts: Schultz keeps campaigning for voter ID law

In fewer than three months on the job, Secretary of State Matt Schultz has prompted the president of the Iowa county auditors association to express concern about being “dragged into a partisan fight.” Jennifer Jacobs covered Butler County Auditor Holly Fokkena’s extraordinary comments in Sunday’s Des Moines Register. Not only is Fokkena a Republican like Schultz, she is from a county that tilts strongly to the GOP. Yet she is worried about Schultz’s push to require all voters to show photo ID.

Background and recent developments on the photo ID controversy are after the jump.

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Update on abortion bills in the Iowa legislature

Anti-abortion legislation that stalled earlier this year in an Iowa House committee appears likely to pass the lower chamber soon. House File 5 would ban abortions after the 20th week of pregnancy, using a “fetal pain” standard adapted from a similar bill in Nebraska. More than 30 House Republicans are co-sponsoring the bill, hoping to deter Omaha-based abortion provider Dr. Leroy Carhart from opening a clinic in Council Bluffs.

Recent news on House File 5 and a related “personhood” bill is after the jump.

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Iowa ban on secret farm recordings could end up in court

The Iowa House on Thursday approved House File 589, which establishes new civil and criminal penalties for various offenses on farms, including unauthorized audio or video recordings. Nine House Democrats joined all of the Republicans present to pass the bill on a 66 to 27 vote. Click here for the full bill text (here’s a pdf version). The House Journal includes the roll call on this bill. The Democrats who voted yes were Deborah Berry (district 22), Dan Kelley (district 41), Helen Miller (district 49), Dan Muhlbauer (district 51), Brian Quirk (district 15), Roger Thomas (district 24), Kurt Swaim (district 94), Andrew Wenthe (district 18), and John Wittneben (district 7). Most of them represent largely rural or small-town areas, except for Berry, whose district includes part of Waterloo.

I’ve posted some of the controversial language in House File 589 after the jump. The bill raises constitutional questions; last year the U.S. Supreme Court struck down a federal law banning depictions of animal cruelty, citing First Amendment concerns. Yesterday in Des Moines,

Dan Hauff, investigations director for Chicago-based Mercy for Animals, said the law is likely unconstitutional under the First Amendment. He said it would inhibit investigative journalists from reporting on animal cruelty, environmental hazards and food safety issues on farms. He said the organization might bring litigation if the bill becomes law, but he hoped it wouldn’t make it that far.

Senator Tom Harkin said yesterday he hadn’t studied details on House File 589, but he argued against the idea behind the policy.

“Thankfully, because of whistleblowers and others doing undercover work, we are finding out about a lot of the abuses that are taking place in animal agriculture – and some of those abuses have just been awful,” Harkin said during a conference call with reporters.

House Agriculture Committee Chair Annette Sweeney, a cattle farmer who is the lead sponsor on this bill, defended the legislation, saying, “We are completely concerned about the health and well-being of our animals on our farms, and if we have individuals coming onto our farms and filming and not telling us they’re there, we are sincerely worried about the health and biosecurity.” Speaking for Democrats who voted against House File 589, State Representative Pat Murphy argued that “the overwhelming majority of farmers and people who own breeding facilities in Iowa operate very reputable businesses and treat their animals well,” but “you have to wonder” what the few who have problems at their facilities want to hide.

Des Moines-based advertising specialist Michael Libbie considers this bill a big public relations mistake:

[P]assing such legislation controlling and making the filming and distribution illegal makes ag look….bad.  Very bad. […]

At a time when agriculture needs more, not less, friends and at a time when so many people have horrible misconceptions about farming and nearly zero relationships with farmers and ranchers…this bill is ill advised.  Bad idea for agriculture, bad idea for farmers and ranchers….this will only fuel the fires of those who already think animal agriculture is evil.  And for those who don’t, they  just might start wondering, “So, what is going on they don’t want me to know about?”

I expect the Iowa Senate to approve this bill with minimal changes, and Governor Terry Branstad to sign it. Ultimately, courts will probably decide whether House File 589 or similar legislation being considered in Florida goes too far in restricting free speech.

UPDATE: A Bleeding Heartland reader commented by e-mail that Republicans like James O’Keefe’s secret sting videos (against NPR or ACORN, for example). Why should big ag receive special protection against that kind of exposure?

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Nine Iowa senators call for shelving pro-nuclear bill

Nine Iowa Senate Democrats have signed an open letter asking their colleagues to shelve a pro-nuclear power bill this session and to create a legislative commission “to thoroughly investigate all of the issues including the need for a nuclear power plant, the costs and impact on utility rates, financing and liability issues, safety and waste disposal issues, and renewable energy alternatives.” The senators who signed were Daryl Beall (district 25), Dennis Black (district 21), Joe Bolkcom (district 39), Dick Dearden (district 34), Robert Dvorsky (district 15), Gene Fraise (district 46), Jack Hatch (district 33), Rob Hogg (district 19) and Pam Jochum (district 14). The full text of their letter is after the jump. Excerpt:

Specifically, we have the following concerns:

* There is very little known about how much a new nuclear power plant would cost or how it would

impact utility rates, especially for seniors, working families, and Iowa businesses.

* The proposed technology – small modular reactors – is unproven and has not been approved by

the Nuclear Regulatory Commission.

* There are significant safety and financial liability concerns, especially after the nuclear disaster in Japan. United States Senator Joseph Lieberman has called for “putting the brakes on” the construction of new nuclear power plants “until we can absorb what has happened in Japan.”

* There are potential issues with the creation of a permanent government bureaucracy to permit, monitor, and regulate any new nuclear power plants.

* There are unresolved siting issues about where the plant or plants would be located and how the property would be acquired for the construction of the plants.

MidAmerican Energy is only in the first of what was represented to be a three-year study on the feasibility of constructing a new nuclear power plant in Iowa. When that bill was passed, it was contemplated that Iowa would take at least three years to make any decision about new nuclear power plants. There is no rush.

Speaking to the Des Moines Register yesterday, Iowa House Speaker Kraig Paulsen predicted the bill will pass this year. Iowa’s only current nuclear power plant is in Paulsen’s district. Democratic Senate Majority Leader Mike Gronstal supports the bill.

MidAmerican Energy President William Fehrman is expected to attend an Iowa Senate Commerce subcommittee hearing on the bill later today. Fehrman has said the bill would help MidAmerican attract investors for a nuclear construction project. Critics point out that the legislation would lead to higher utility bills for hundreds of thousands of Iowans and would tilt the field so far in favor of expanding nuclear power that less costly energy efficiency and renewable energy projects might not be pursued.

On the other hand, even before this week’s crisis at the Fukushima facility in Japan, financing was not coming together for proposed nuclear power plant projects in the United States. So one could argue that even if this bill becomes law, MidAmerican probably won’t attract the investor support needed to build nuclear plants here. In that case, why let the company charge its Iowa customers more now to pay for anticipated future construction costs?

Meanwhile, the U.S. Nuclear Regulatory Commission has ranked the 104 nuclear power plants across the country in terms of earthquake risk. Iowa’s Duane Arnold nuclear reactor is 26th on that list. Yesterday several U.S. Senate Democrats urged the head of the NRC to conduct a thorough review of all nuclear reactors in this country, especially those in earthquake-prone areas.

In Germany, political leaders have decided to temporarily shut down seven of the country’s oldest nuclear reactors in order to conduct a safety review. The prime minister of Spain has also called for a review of all that country’s nuclear power plants. A nuclear energy expert whose name I didn’t catch pointed out yesterday on CNN that baseload demand for electricity is relatively low in the spring, so it wouldn’t cause problems on the grid to shut down U.S. nuclear power plants for a month or two during a safety review.

UPDATE: Fehrman told the Iowa Senate subcommittee that “MidAmerican Energy customers would see their power bills rise 10 percent over a decade to pay for the investor-owned utility’s share of a proposed Iowa nuclear plant.” He confirmed that the plant would be completed no sooner than 2020, and that Iowa ratepayers would not get their money back, even if the construction never moved forward.

Sen. Swati Dandekar of Marion said Iowans are concerned about paying for a project that may cost more than the utility thinks, given the nation’s record on cost overruns at nuclear plants.

“There is no doubt there is a history of cost overruns in this industry,” Fehrman said. “We’ve asked for more oversight of this project, and that’s in the bill.”

MidAmerican is pushing legislation that would set some of the rate-making principles to be applied to the plant, in effect telling investors how the utility would recover its expenses.

Also on Thursday, the Iowa chapter of the Sierra Club and the American Association of Retired Persons came out against the bill.  From an AARP statement:

“AARP believes it is unfair to consumers and bad policy for the Iowa General Assembly to enact legislation that would allow utility companies to charge consumers in advance for costs of a new plant before it is in service, and require consumers to continue to have to pay even if the plant development is canceled, or goes over budget [….] AARP is concerned about this legislation, not because of the question of nuclear power, but because we oppose raising rates for consumers already struggling to afford their utility bills for a plant yet to be built, where we don’t know the actual cost to build, and may or may not even be built in Iowa.”

Still the self-styled taxpayer watchdog groups are missing in action on this bill.  

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Iowa reaction to crisis at Japan nuclear facilities (updated)

Several Iowa elected officials commented on expanding nuclear energy production Monday in light of the deteriorating situation at Japan’s Fukushima nuclear power plant. Two Iowa Republicans and Democratic Senate Majority Leader Mike Gronstal indicated that they don’t want the cascade of events at Fukushima to derail efforts to build new nuclear power plants in Iowa. However, Democratic State Senator Joe Bolkcom called for a “pause” to more closely scrutinize the impact of a nuclear energy bill that has been on a fast track in the Iowa House and Senate.

Details and context are below, along with Representative Steve King’s comments about federal policy on nuclear power.

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Branstad spurns compromise with Cedar Rapids officials on labor agreements

Cedar Rapids officials and Terry Branstad’s administration are still at odds over labor policy, and the dispute could cost Iowa’s second-largest city a $15 million state I-JOBS grant for work on its Convention Complex flood recovery project. Mayor Ron Corbett, a former Republican speaker of the Iowa House during the 1990s, has suggested compromises to accommodate Branstad’s opposition to project labor agreements, but  the governor has so far dismissed those ideas.

Follow me after the jump for background and recent news on the most significant clash between the new Branstad administration and a local government.  

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Events coming up this week

Lots going on at the state capitol this Tuesday: first, rival lobby days for the LGBT advocacy group One Iowa and Bob Vander Plaats’ umbrella organization FAMiLY Leader, which is reportedly bringing in ousted Alabama Chief Justice Roy Moore. Later in the day, another pro-labor rally will be held on the west steps outside the capitol building. More details on those and other events coming up this week are after the jump.

As always, post a comment or send me an e-mail to let me know of public events that should be included on this calendar.

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Iowa House cuts off debate, approves collective bargaining bill

Three days into floor discussion of a bill to reduce public employee bargaining rights, Iowa House Republicans voted to cut off debate on House File 525 yesterday. At least 80 percent of more than 100 amendments proposed by House Democrats had not been discussed yet. The House proceeded to reject the remaining Democratic-proposed amendments in a quick series of votes, and the final bill passed 57 to 39. The House Journal (pdf) contains details on yesterday’s debate, including all the roll calls. Most of the votes went along party lines. I was surprised to see one House Republican (Gary Worthan of district 52) vote with the whole Democratic caucus against final passage of the bill. I wonder whether he accidentally pressed the wrong button there, because he voted with the rest of the Republicans on ending debate and lots of amendments.

House Democrats were outraged by the Republican maneuver and the fact that the House switchboard wasn’t working Friday morning (which House Speaker Kraig Paulsen said was an oversight). Jason Clayworth noted at the Des Moines Register, “Limiting debate without the prior agreement to both parties is rare but not unique. Democrats, for example, limited debate in 2009 on another union bill known as prevailing wage that would have setting standards for minimum pay and benefits on government projects.”

Paulsen said the bill “addresses the cost of government in Iowa” by “leveling the playing field for taxpayers.” I am so tired of Republicans scapegoating public employees for our budgetary constraints. Iowa is in better fiscal condition than more than 40 other states. In any event, there is “no correlation between state budget shortfalls and union negotiating laws”:

“The thing that’s driving budget shortfalls is the impact of the national economy on state revenues,” said Elizabeth McNichol of the Center on Budget and Policy Priorities, a research group in Washington, D.C. “It’s definitely other factors driving these shortfalls,” rather than union agreements, she said. […]

Five states – Georgia, North Carolina, South Carolina, Texas and Virginia – prohibit public employee union negotiations. Each of those states faces budget shortfalls that cumulatively amount to almost $20 billion, the Center on Budget and Policy Priorities and the National Council on Teacher Quality say.

Texas, one of the states prohibiting public union negotiations, has one of the largest projected budget shortfalls for next year, figured as a percentage of the current budget.

Iowa is among states with one of the lowest projected shortfalls for next year.

Forty-five states face budget shortfalls for the fiscal year that begins July 1. Of the five states that do not face budget shortfalls, each allows some type of public employee union bargaining.

Iowa’s public employees are paid less than their private sector counterparts when education levels, experience and hours worked are taken into account. Republicans tell us modest raises (about 3 percent per year) for state employees are unaffordable because they would cost $414 million over two years (if non-contract employees get the same pay increases). Yet David Osterberg pointed out this week,

The Iowa House has proposed cutting state income taxes by 20 percent. That would cost $350 million in 2012 and $700 million per year subsequently.

The governor has proposed lowering the top rate on the corporate income tax. That would cost $130 million in 2012 and $200 million per year subsequently.

The Senate and House have proposed adopting “bonus depreciation” rules. These new breaks for business would cost the treasury between $27 million and $83 million in 2011 and $99 million and $141 million in 2012.

While Republicans are selling House File 525 as a way to control government spending, the bill appears to be designed to undermine organized labor. It would shred binding arbitration and create new incentives for state employees not to join a union. In a statement yesterday, Iowa House Minority Leader Kevin McCarthy said, “Like Wisconsin, Republicans in Iowa will stop at nothing to take away rights from police officers, fire fighters, state troopers, teachers, correctional officers and other hard-working Iowans. This bill to end collective bargaining is worse than the bill approved in Wisconsin earlier today.” After the jump I’ve posted excerpts from a House Democratic Research staff analysis on the bill.

Senate Democratic leaders have made clear that House File 525 is going nowhere in the upper chamber this year. If Republicans gain a majority in the Iowa Senate in 2012, they will certainly revive this kind of legislation.

Members of Congress rarely comment on news from the Iowa legislature, but both Senator Tom Harkin and Representative Bruce Braley (IA-01) released statements on yesterday’s Iowa House vote. I’ve posted those after the jump.

MARCH 14 UPDATE: Iowa Senate Labor Committee Chair Wally Horn confirmed that this bill won’t make it out of committee in the upper chamber and is therefore dead for the 2011 legislative session.

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7,000 long-term unemployed Iowans are out of luck

Approximately 7,000 Iowans who have been out of work for at least a year have lost their chance to receive an extra 13 weeks of unemployment benefits at the federal government’s expense. The 2009 stimulus (American Recovery and Reinvestment Act) included a provision “to fund the entire cost of extended unemployment benefits through the end of 2011, rather than requiring states to pay half of the cost.” States with unemployment rates of at least 6.5 percent could qualify for 13 weeks of extended benefits, and states with unemployment rates exceeding 8 percent could qualify for 20 weeks of extended benefits.

Iowa was among nine states that did not pass enabling legislation (a “Total Unemployment Rate trigger”) to take advantage of that portion of the stimulus. Democrats in the Iowa Senate recently approved a bill on a mostly party-line vote and urged the Iowa House to act by March 10. New employment figures to be released on that date were expected to bring Iowa’s three-month average unemployment below the threshold for qualifying for the federal stimulus program. Indeed, Iowa Workforce Development confirmed that the state’s unemployment rate held steady at 6.1 percent in January, bringing the three-month average rate down to 6.1 percent.

Governor Terry Branstad didn’t advocate for the enabling legislation, and House Republican leaders decided not to move the bill:

“[T]he House Republican caucus is not interested in making it harder to be an employer in the state of Iowa,” said House Speaker Kraig Paulsen, R-Hiawatha. “What’s going on with unemployment compensation right now is making it harder to be an employer.”

I believe Republicans misunderstood the essence of this program. As the National Employment Law Project explained in a February report, the stimulus act included full federal funding for these extended benefits. Note: that report estimated that about 29,000 Iowans could potentially receive the 13 weeks of extended unemployment benefits. Iowa Senate Democrats estimated that about 7,000 would qualify. That’s a relatively small percentage of the 102,000 unemployed Iowans, but roughly $14.5 million in benefits divided among 7,000 people would have meant a lot of extra disposable income in communities with high jobless rates.

It’s lamentable that Republicans declined to act on behalf of Iowa’s long-term unemployed. In addition to helping jobless individuals, unemployment benefits have a powerful multiplier effect in local economies, because the people who receive them tend to spend the money quickly on goods and services they could not otherwise afford.

Democrats in the Iowa House and Senate share the blame for not passing the Total Unemployment Rate trigger during the 2010 legislative session. When the stimulus went into effect in 2009, Iowa’s unemployment rate was too low to qualify for that money (though state officials did secure unemployment benefits through a different part of the stimulus). But in early 2010, Iowa’s unemployment rate exceeded 6.5 percent. If the Iowa House and Senate had passed enabling legislation, Governor Chet Culver surely would have signed it, and some jobless Iowans would already have received the extra federal funding.

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Iowa and Wisconsin collective bargaining discussion thread

The Iowa House settled in Wednesday for a long floor debate on the labor bill formerly known as House Study Bill 117, now House File 525 (full text). This bill would sharply restrict collective bargaining rights and end binding arbitration for public employee unions. When the Iowa House Labor Committee considered this bill, Democrats kept lawmakers in session all night, offering dozens of amendments. House Democrats have proposed at least 100 amendments for consideration on the floor, and many legislators are speaking about each one. About six hours into the debate, fewer than ten amendments have been considered. It’s not clear whether the chamber will adjourn later tonight, but even if House members pull another all-nighter, this debate could take days. With a 60-40 majority, Republicans have the votes to pass House File 525 eventually, but it could be an exhausting experience. Senate Democratic leaders have vowed to block the bill in the upper chamber.

Meanwhile, Governor Terry Branstad traveled the state today pushing his message about how Iowa can’t afford to give public employees raises during the next two fiscal years. Statehouse Democrats say that Iowa can afford the new union contracts negotiated by former Governor Chet Culver, if Republicans give up their planned corporate and higher-income tax cuts.

Labor issues were contentious even when Democrats had the trifecta in Iowa. Culver’s 2008 veto of a bill that would have expanded collective bargaining rights caused a lasting rift between him and the state’s labor movement. The following year, six House Democrats stood with Republicans to block a prevailing wage bill, undermining the credibility of the majority leaders. Another Democrat’s opposition to “fair share” legislation prompted an unsuccessful primary challenge in 2010. Now that the political battle in Iowa has shifted to defending rather than expanding labor rights, the Democratic House caucus is more united.

Today’s unusual circumstances in the Iowa House  are nothing compared to the circus unfolding in Wisconsin. Senate Democrats left the state three weeks ago to deny Republicans the quorum they needed to pass an even more restrictive collective bargaining bill. Republicans moved to end the standoff today by supposedly removing the fiscal portions of the labor bill, making it no longer subject to the Wisconsin Senate quorum rules. The chamber then convened and passed the bill in about five minutes with no debate or amendments and only one dissenting vote. However, Democrats claim not all parts of the bill affecting the budget were removed before today’s power play; this pdf file is the Wisconsin Legislative Fiscal Bureau’s analysis of the revised bill. There will surely be a legal challenge to passing the bill without a quorum, and some union representatives in Wisconsin are even talking about organizing a general strike.

Any comments about political battles over labor issues are welcome in this thread.

UPDATE: The Iowa House adjourned Wednesday night after eight hours of debate on House File 525. The discussion resumes on Thursday; here’s a link to live video.

Senator Tom Harkin issued this statement on the Wisconsin events:

“I am appalled by the actions of the Republicans in Wisconsin.  They trampled over the democratic process, ramming through legislation taking away a fundamental right of Wisconsin’s public servants – the right to organize.  The law has nothing to do with budgets.  It is blatant political scapegoating, and it is shameful.  Our elected leaders at every level of government should be focused on helping working families succeed, not tearing them down.”

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Time to recognize solar's huge potential in Iowa

Iowa’s potential to be the “Saudi Arabia of wind” is widely acknowledged, but the state’s capacity to harness solar power for producing electricity or thermal heating is a better-kept secret. A five-year program to install 300 megawatts of solar power could create nearly 5,000 jobs and add more than $332 million in value to Iowa’s economy, according to a new report commissioned by the Iowa Policy Project, the Iowa Environmental Council, Environmental Law and Policy Center and the Vote Solar Initiative.

After the jump I’ve posted the summary of the new report. Click here to download the full report (18-page pdf).

Iowa State University economist Dave Swenson (known to be cautious about calculating economic impacts) did the analysis for the report.

In his analysis, ISU’s Swenson estimated during the five years of installing 300 MW of solar the average annual impact would be:

• $174 million value added to the economy

• $302 million increased industrial output

• $99 million increased labor income.

Those numbers include sizable indirect effects – spinoff economic effects caused by the initial investment.

“Growth in the solar industry means direct jobs for more than just rooftop installers but also for electricians, builders, contractors, engineers, technicians, financiers, lawyers, marketers and salespeople,” the report stated.

Swenson’s estimate does not include new manufacturing jobs in the solar industry that might be created if Iowa adopted incentives to produce more solar power.

State Senator Joe Bolkcom has introduced a bill to spur more solar installation in Iowa:

Other states have jump-started the growth of solar panel manufacturers by providing tax credits to businesses and homeowners who buy from manufacturers in their states, Bolkcom said.

His proposal in Senate File 99 is not that specific, but it would provide up to $10 million in state-sponsored rebates to home-owners and businesses to help defray the cost of installing solar energy panels. The grants would cover 30 percent of the cost of installation, up to a maximum of $15,000 for farms and businesses and up to $3,000 for residences.

Later this month, the Iowa Policy Project’s David Osterberg is planning to take some state legislators on a tour of solar sites in Waterloo, Cedar Falls, Cedar Rapids and Iowa City. I hope to see bipartisan support for expanding solar power generation here.

So far, the main energy policy moving through the Iowa legislature during the 2011 session relates to nuclear power. In 2010, lawmakers approved a bill to allow MidAmerican Energy “to pass along up to $5 million per year in study expenses to customers for three years” as it studies potential locations for a new nuclear power plant. Now MidAmerican and utility industry groups are pushing “Construction Work in Progress” legislation that “would allow Iowa public utilities to charge ratepayers higher rates now to cover potential future costs of a yet to be constructed nuclear reactor, even if such a reactor is never built.” The Iowa House Commerce Committee unanimously approved one of the bills this week, and a companion bill has support in the Iowa Senate. Paul Deaton explains here and here why these bills are a bad idea. I recommend clicking through to read both posts, but here’s an excerpt:

The State of Georgia may build the first new nuclear plant in 30 years and adopted a CWIP [Construction Work in Progress] . Iowa legislators should study the impact the Georgia CWIP has on ratepayers. Other CWIPs were passed in South Carolina and Florida and they should also be studied. People familiar with the Georgia CWIP say Iowa’s proposed legislation shifts more risk to customers than does Georgia. There are other things to consider regarding CWIPs before the legislature passes one.

It boils down to this. If MidAmerican Energy builds a nuclear power generating station, for each billion dollars in costs, on average, $1,597 will be passed along to each of MidAmerican’s 626,223 Iowa retail customers. Are Iowa households ready for this? Are Iowa households ready to foot the bill knowing that a nuclear power generating station may never be built?

Nuclear power is expensive compared to other methods for generating electricity. It is “not viable” without huge government subsidies and “shifts financial risks to taxpayers.”

Iowa could expand solar power without passing along millions of dollars in costs to utility company customers. Hundreds of megawatts of solar power generating capacity could be brought online in Iowa over a few years, whereas a new nuclear plant would not be completed until 2020. Moreover, a nuclear plant would probably employ several hundred people in one locality. (Iowa’s only existing nuclear power plant employs roughly 500 people in the Palo area.) Ramping up Iowa’s solar capacity could create jobs for thousands of people spread out all over the state, wherever buildings are retrofitted to accommodate solar power.

Any comments about energy policy are welcome in this thread.

UPDATE: Today’s Des Moines Register contains an outstanding guest piece by Mark Cooper, senior fellow for economic analysis at Vermont Law School’s Institute for Energy and the Environment. Click through to read the whole thing. I’ve posted some excerpts below.

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Iowa's Best Criminals

(Mosiman was Story County auditor for 10 years before taking a position in the Secretary of State's office. - promoted by desmoinesdem)

The Iowa Secretary of State is fixing to scare off a group of criminals who must be insanely smart. These folks commit their crimes in front of numerous witnesses. They always offer a handwriting sample first. They never get caught. They are so sly, people never even know the crime occurred.

They are Iowa's fraudulent voters.

Deputy of Elections Mary Mosiman was on the radio Monday warning about this crime. She was pinch-hitting for Secretary Schultz, who yanked himself at the very last moment. Was Schultz too embarrassed to finger these elusive voters with Mosiman's evidence? Listen to her case:

“If they did want to commit fraud, they could go in as somebody else, they could vote. They would be long gone before anybody knew about it, assuming that person that was really the voter did not come in. We still wouldn't know because when that actual person came in, the person who committed the fraud so to speak would be gone.”

Yes, unlike dumb criminals, these people leave the scene after they commit their crimes. When asked for actual instances of this crime Mosiman repeated herself:

“Personally, I can say, that if it did occur, we would never know because the person who committed that crime is long gone. Have there been any instances that have been caught and prosecuted? None that I am aware of.”

In other words, “It never happens.” If it had, the Deputy of Elections would be able to cite places and dates rather than baseless fears.

Just consider the risks these criminals take:

*They cannot impersonate a deceased voter because those names are regularly removed from the rolls.

*They cannot impersonate an inactive voter, because inactive voters already must show an ID.

*They cannot impersonate someone who has already voted, because that is a dead giveaway!

*They cannot impersonate someone who shows up later because their signature forgery would be strong evidence against them. (Plus the number of times it has happened would become known by the number of alleged forgeries. So far that number is at zero, even according to Mosiman.)

They must impersonate an active voter who does not actually show up later to vote. It must be one who would not be recognized by any poll worker or poll watcher. See how smart these criminals are! How do they do it?

 

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Weekend open thread: Funnel week edition

It was an action-packed week at the state capitol, with Iowa House and Senate committees deciding which non-budget bills merit further consideration and which would be dead for the 2011 session. The full news roundup from the state legislature is coming later this weekend.

Governor Terry Branstad rolled out more than 200 appointments this week. I covered some of them here and here. Look over the governor’s long list and post a comment if I left out any appointees who seem particularly noteworthy.

Here’s an unsurprising story: Senator Tom Harkin is “greatly disappointed” in the White House approach to negotiations over fiscal year 2011 spending:

Harkin said that he objected to the White House’s emphasis on non-security discretionary spending, which is about 12% of the overall budget but has drawn the overwhelming attention of both parties in their efforts to trim the deficit. Neither Democratic or Republican leaders are proposing raising taxes to help bridge the gap. According to Harkin, discretionary spending cuts disproportionately hurt working families by targeting safety net programs and education.

“The White House is wrong on that,” Harkin said. “I want to see proposals like what Bill Clinton did in 1995. He said we’re not going to cut education, we’re not going to cut women, infant, and children programs, we’re just not going to cut those specific things. I want to see the President out there using his bully pulpit…talking about what those specific cuts are out there and then to advocate, saying ‘Look everything is on the table.’” […]

“If we’re going to do this let’s do it fair — one-third mandatory, one-third discretionary, one-third revenue,” he said.

I’m “shocked, shocked” that the Obama administration conceded the heart of the budget cut dispute to the GOP before the serious deal-making began.

This is an open thread. What’s on your mind this weekend, Bleeding Heartland readers?

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A simple way to make Iowa's bad water quality worse

Signs of Iowa’s poor water quality are not hard to come by. Our state has more than 400 “impaired waters.” The Des Moines Water Works has the largest nitrate removal system in the world, because “the Raccoon River has the highest average nitrate concentration of any of the 42 largest tributaries in the Mississippi River Basin.” Even so, the Water Works sometimes struggles to handle high levels of blue-green algae (cyanobacteria) in the Raccoon River, forcing the water treatment facility to draw from a secondary source. Iowa watersheds are also a major contributor to the "dead zone" in the Gulf of Mexico, and the nutrients from “Nitrogen and phosphorus pollution from commercial fertilizers and animal manure from farmland were the biggest contributing sources” of the excess nutrients that cause the dead zone.  

Despite those facts, Governor Terry Branstad and many state legislators have claimed the Iowa Department of Natural Resources takes too tough a stand in enforcing pollution rules. Branstad’s draft budget cut funding for the DNR. The department was a frequent punching bag at Republican-led forums around Iowa last month, designed to spotlight supposedly burdensome regulations on businesses.  

Branstad has expressed hope for a “change in attitude” at the DNR. He sent a strong signal by appointing Roger Lande as the new DNR director. Lande is a former head of the Association for Business and Industry and a partner in a Muscatine law firm that has represented the Iowa Farm Bureau as well as corporations like Monsanto.

Announcing Lande’s appointment, Branstad said,

“I can think of no one better to be a steward of Iowa’s precious natural resources than Roger Lande,” said Gov.-elect Branstad. “Roger and his family have long been champions of conservation of Iowa’s rivers, woodlands, greenways, prairies and trails and I am confident that Roger will excel in his new role as head of Iowa Department of Natural Resources.”

Apparently Branstad has now thought of someone better than Lande to handle water quality programs and Clean Water Act compliance: Iowa Secretary of Agriculture Bill Northey. Yes, even though runoff from conventional agriculture is a leading cause of Iowa’s poor water quality, Branstad thinks the Iowa Department of Agriculture and Land Stewardship (IDALS) might be better-suited to handle water monitoring and protection than the DNR. Some Iowa House Republicans are pushing House Study Bill 180, which would transfer the same authority to IDALS. Unfortunately, it won’t be enough to stop this measure in the Iowa House or Senate, because Branstad has the power to transfer functions to Northey’s agency without enabling legislation.

After the jump I’ve posted background on this issue from Iowa Rivers Revival and the Iowa Environmental Council, as well as contact information for state legislators and the governor’s office. The Iowa Environmental Council posted a link to their action alert here.

Iowa already does too little to limit water pollution. If Northey is put in charge of protecting water quality, get ready for more impaired waters and major algae blooms. Northey marches in lockstep with the Iowa Farm Bureau Federation, one of three plaintiffs in a state lawsuit seeking to nullify the most significant water quality rules adopted in Iowa during the past decade.

In related news, the American Farm Bureau Federation has filed a federal lawsuit to stop the Environmental Protection Agency from limiting water pollution in the Chesapeake Bay.

The farm lobby has made it clear it sees the cleanup effort as a harbinger of more far-reaching EPA requirements across the country, including in the Mississippi River basin, where chemical runoff from industrial farms is swept to the Gulf of Mexico. […]

“This new EPA approach will not end with the Chesapeake Bay,” Bob Stallman, the Farm Bureau’s president, said in an address early this month. “EPA has already revealed its plan to follow suit in other watersheds across the nation, including the Mississippi watershed. That is why our legal effort is essential to preserving the power of the states – not EPA – to decide whether and how to regulate farming practices in America’s watersheds.”

Share any relevant thoughts in this thread.

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Register poll on Obama, gay marriage and more

The Des Moines Register continues to release results from its latest statewide poll. Selzer and Co surveyed 800 Iowa adults between February 13 and 16. Bleeding Heartland discussed the Register’s poll numbers on Governor Terry Branstad here.

Follow me after the jump to discuss President Barack Obama’s approval inching up in Iowa, slight growth in support for same-sex marriage rights, views on ways to close the state budget gap, and more.

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Events coming up this weekend and next week

Next Friday is “funnel” day at the Iowa legislature; with a few exceptions, all bills that haven’t been approved by at least one committee by March 4 are dead for the 2011 session. The coming week is therefore a particularly important time to contact your legislators about issues important to you. I believe lawmakers find phone calls more difficult to ignore than letters and e-mails, but by all means make contact in writing if that’s how you prefer to communicate. While contacts from their own constituents are the most meaningful, lawmakers often pay attention to contacts they receive from Iowans outside their districts too.

Iowa House Majority Leader Linda Upmeyer used to lobby for the Iowa Nurses Association before she was elected to the legislature in 2002. A few years ago she wrote up some helpful hints for persuading lawmakers, which I posted here.

Details on a few lobby days and many other events are after the jump. As always, please post a comment or send me an e-mail to let me know about something going on that should be on this calendar.  

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Obama ditches DOMA and other marriage equality news

U.S. Attorney General Eric Holder announced yesterday that the Department of Justice will no longer defend Section 3 of the 1996 Defense of Marriage Act in court. Section 3 defines marriage as the union of one man and one woman for federal purposes. It has been challenged in court multiple times, and last July a federal judge ruled the provision unconstitutional. The DOJ appealed that ruling, but Holder announced yesterday that President Barack Obama

has concluded that given a number of factors, including a documented history of discrimination, classifications based on sexual orientation should be subject to a more heightened standard of scrutiny.   The President has also concluded that Section 3 of DOMA, as applied to legally married same-sex couples, fails to meet that standard and is therefore unconstitutional.   Given that conclusion, the President has instructed the Department not to defend the statute in such cases.   I fully concur with the President’s determination.

Consequently, the Department will not defend the constitutionality of Section 3 of DOMA as applied to same-sex married couples in the two cases filed in the Second Circuit.   We will, however, remain parties to the cases and continue to represent the interests of the United States throughout the litigation.   I have informed Members of Congress of this decision, so Members who wish to defend the statute may pursue that option.   The Department will also work closely with the courts to ensure that Congress has a full and fair opportunity to participate in pending litigation.

I’ve posted Holder’s complete statement after the jump. It notes, “Much of the the legal landscape has changed in the 15 years since Congress passed DOMA.” While some conservative commentators were outraged by the announcement, it’s important to remember that the Obama administration hasn’t stopped enforcing the DOMA despite the president’s opinion of the law.

Linda Hirshman argues that Obama has laid a trap for Congressional Republicans, who will look foolish in federal court if and when they defend Section 3. I think she is way too optimistic that the federal appeals process will uphold last year’s district court opinion. Hirshman and I may find the legal arguments supporting the DOMA weak, but it would not surprise me to see a 5-4 U.S. Supreme Court ruling affirming the constitutionality of Section 3.

I was surprised to see so little Iowa reaction to Holder’s announcement. The outcome of this federal litigation will affect thousands of legally married Iowa same-sex spouses, who would be eligible for some federal benefits if the law is struck down. As far as I know, Senator Chuck Grassley is the only Iowan in Congress to issue a statement on yesterday’s news. He’s the ranking Republican on the Senate Judiciary Committee, and he criticized the Obama administration’s decision as “clearly based more on politics than the law.” He stopped short of promising to help with the DOMA legal defense, but presumably Congressional Republicans who are attorneys will handle that. I posted Grassley’s complete statement after the jump.

Republicans in the Iowa legislature continue to fight marriage equality. A constitutional amendment to define marriage as between one man and one woman passed the Iowa House last month but will not reach the floor of the Iowa Senate. A short-lived legislative effort to legalize discrimination against married same-sex couples was backed by many Republicans and at least one Democrat, but House Judiciary Committee Chairman Rich Anderson tabled that bill before it received a subcommittee vote.

A new bill, House File 330, would prevent Iowa county recorders from issuing marriage licenses to same-sex couples “until such time as an amendment to the Constitution of the State of Iowa defining marriage as the legal union of one man and one woman is submitted to the electorate for ratification.” The same bill would block the Iowa Supreme Court from considering its constitutionality. There are some pretty big problems with that idea, though:

That outcome: Iowa families could appeal a recorder’s decision in trial courts but those decisions would not be able to be appealed to the Iowa Supreme Court.

It would make the lower courts ruling final and it would also set up the likelihood that Iowa would have pockets of the state were the law was recognized and others were it was thrown out.

“I think the result is that you would have a hodgepodge of rulings across the state,” Bartrum said. “It would depend on whatever the local district judge thought because were would be no uniform appeal.”

FRIDAY UPDATE: According to Troy Price of One Iowa, House Speaker Kraig Paulsen has communicated by e-mail that House File 330 is going nowhere. KCRG reports,

Top Republicans on Thursday said they have no plans to debate the issue, viewing it a nod to the party’s social conservative wing. […]

Backers say introducing the measure is one more opportunity to voice their displeasure with how the marriage issue has been handled.

Republican Rep. Betty De Boef says the issue has been handled badly and that some lawmakers want to take every opportunity to make that point.

In related news, Maryland is likely to become the sixth state to grant full marriage rights to same-sex couples. A bill on marriage equality is advancing in the Maryland Senate and has substantial support in that state’s House of Delegates. Democratic Governor Martin O’Malley will sign the bill if it reaches his desk.

Washington, DC has recognized same-sex marriages since December 2009. Some U.S. House Republicans are pushing a bill to reverse that policy. If a same-sex marriage ban for the nation’s capital cleared the House and the U.S. Senate, Obama would probably veto it given his decision to stop defending DOMA.

Hawaii’s new Democratic governor Neil Abercrombie signed a civil unions bill yesterday, bringing the number of states that recognize same-sex civil unions to seven. Republican Governor Linda Lingle vetoed a similar bill in Hawaii last year.

Share any relevant thoughts in this thread.

UPDATE: The Washington Post reports,

Some opponents of same-sex marriage said the administration’s decision could end up helping to preserve the law in court.

“The previous efforts of the Obama administration and DOJ to defend the law were so inadequate as to raise the suspicion that the Justice Department was deliberately throwing the case,” said Robert George, a political science professor at Princeton University who opposes same-sex marriage. “Chances are the law will get a robust defense, and I suspect it will withstand constitutional scrutiny.” […]

In his letter to [House Speaker John] Boehner, Holder criticized portions of the congressional debate leading up to the law’s passage, saying they had undermined the prospects for defending the measure. “The record contains numerous expressions reflecting moral disapproval of gays and lesbians and their intimate and family relationships – precisely the kind of stereotype-based thinking and animus that the Equal Protection Clause is designed to guard against,” Holder wrote.

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Events coming up this week

The Iowa Department of Natural Resources holds more public meetings this week to discuss water quality standards. A few days later, Republican legislators continue their series of forums around the state to bash government rules and regulations that are supposedly too burdensome for businesses. Details on those and other events are after the jump.

As always, please leave a comment in this thread or contact me at desmoinesdem AT yahoo.com if you know of an event that should be mentioned here.

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Iowa Republican budget schizophrenia discussion thread

Republican elected officials are sending a mixed message about Iowa’s finances. Before the 2011 legislative session began, Republicans were outraged about a so-called “unaffordable” union contract that would give state workers modest raises, at a cost of about $100 million a year for two years.  Barely a week into the session, a party-line Iowa House vote approved a broad “deappropriations” bill, in which about a third of the savings came from cutting Iowa’s preschool grant for four-year-olds. The universal voluntary preschool program was expected to cost $70 million to $75 million per year (according to Legislative Services Agency estimates), or up to $90 million by some other estimates.

Since then, House Republicans have passed House File 185, which allows zero growth in K-12 education budgets for the next two fiscal years. That was an unprecedented move. In nearly 40 years, the Iowa legislature has never approved less than 1 percent allowable growth for school district budgets: not during the farm crisis, not during the recessions and budget crunches of the early 1980s, early 1990s, 2001-02 or 2009-10. Now, we are told, our dire fiscal condition doesn’t leave any room to spend $65 million to allow school districts to increase their budgets by 2 percent.

Yet on February 16, the Iowa House approved House File 194 on a mostly party-line vote. The bill would cut Iowa’s individual income tax rates by 20 percent, which the Legislative Services Agency estimates would cost $330 million during fiscal year 2012 and more than $700 million in each of the next three fiscal years.  How Iowa can afford that loss of revenue and what services would be cut to keep the budget balanced, House Republicans don’t say.

Meanwhile, Governor Terry Branstad plans to lay off hundreds of state workers to cut labor costs and sent state legislators a draft budget with no allowable growth for K-12 schools for two years. This week Branstad offered a preschool plan that would support fewer children at a lower cost ($43 million per year). He and his Department of Education director, Jason Glass, have repeatedly said Iowa cannot afford to continue the preschool program as currently structured. Yet Branstad’s plan to cut corporate taxes in half would deprive the state of at least $100 million in revenues. He has proposed about $450 million in commercial property tax cuts, with the idea that state government would reimburse local governments for much of that lost revenue. If our budget constraints are so severe, how can we afford those policies?

More context on the state budget is after the jump, along with details on the Iowa Senate’s resistance to Republican tax and education funding proposals.

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Events coming up during the next two weeks

I’m late getting my calendar up this week. As always, please post a comment or send me an e-mail if you know of a public event worth mentioning here.

Various advocacy organizations continue to hold lobby days at the state capitol as the first “funnel” deadline for legislation approaches. The Department of Natural Resources is holding public meetings around the state this month to discuss air and water quality issues. Also, the sixth annual Iowa Governors Conference on LGBTQ Youth takes place on February 24. Details on those events and more are after the jump.

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