# 2012 Session



Republicans have underfunded Iowa's State Hygienic Lab for years

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

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

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

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Throwback Thursday: When Greg Forristall fought against putting commerce ahead of education

Republican State Representative Greg Forristall passed away yesterday at the age of 67. First elected to the Iowa House in 2006, he was most recently vice chair of the Education Committee and also served on the Human Resources, Labor, and Ways and Means committees. He had been battling cancer for some time and was too ill to participate in the last few weeks of this year’s legislative session.

In a written statement, Republican Party of Iowa chair Jeff Kaufmann described Forristall as a “friend to conservatives across our state” and a “happy warrior” in the Ronald Reagan tradition. House Speaker Linda Upmeyer said Forristall “was a dedicated public servant to the people he represented and an advocate for the arts and education, two issues that he was incredibly passionate for.”

I never met Forristall, but one episode stands out for me as I think about his legislative career. The first two years after Republicans regained their Iowa House majority, Forristall chaired the Education Committee. House leaders reassigned him to lead the Labor Committee in 2013, a position he retained through the 2016 legislative session.

Why did then House Speaker Kraig Paulsen and Majority Leader Upmeyer take the Education Committee away from Forristall, knowing how much he cared about that issue? I never saw any public confirmation, but the Iowa political rumor mill pointed to Forristall’s stance on one controversial bill.

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Throwback Thursday: The road not taken on Iowa's "Ag Gag" law

A U.S. District Court ruling in August inspired today’s edition of Throwback Thursday. That ruling struck down an Idaho law making it a crime to lie to obtain employment at an agricultural facility, among other things. Iowa was the first state to adopt what critics call an “ag gag” law, aimed at making it harder for animal rights or food safety activists to obtain undercover recordings at farms or slaughterhouses. Idaho’s law went further than the bill Governor Terry Branstad signed in 2012; for instance, the Idaho statute also banned unauthorized audio or video recordings at a livestock farm or processing facility. Still, to this non-lawyer, some passages of federal Judge Lyn Winmill’s ruling (pdf) suggested that Iowa’s prohibition on “agricultural production facility fraud” might also violate the U.S. Constitution, specifically the First Amendment’s free speech clause and the Fourteenth Amendment’s equal protection clause.

Bleeding Heartland posted relevant excerpts from the Idaho ruling here, along with a brief legislative history of House File 589.

I sought Governor Terry Branstad’s comment on the court ruling and whether Iowa lawmakers should amend or rescind the language in Iowa Code about “agricultural production facility fraud.” In response, the governor’s communications director Jimmy Centers provided this statement on August 6:

House File 589 passed with bipartisan support and under the advice and counsel of the Attorney General’s office. The governor has not had the opportunity to review the ruling from the federal court in Idaho and, as such, does not have a comment on the case.

“Under the advice and counsel of the Attorney General’s office” didn’t sound right to me. When I looked further into the story, I learned that the Iowa Attorney General’s office neither recommended passage of this law nor signed off on its contents.

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Dear U of I, backroom dealings are nothing new.

(Many thanks for this detailed analysis of machinations behind the scenes to orchestrate and sell the public on closing the Malcolm Price Laboratory School at the University of Northern Iowa. - promoted by desmoinesdem)

BACKGROUND FOR THE BLEEDING HEARTLAND READER

Malcolm Price Laboratory School was a small K-12 school attached to and operated by the University of Northern Iowa.  MPLS was primarily used by the teacher education program to train teachers.  It was a critical part of UNI, “the teacher’s college”.  Year after year, however, with mounting budget pressures at UNI, talk would take place about closing MPLS.  Tired of this annual worry, supporters of MPLS through the help of their local legislatures, pushed for and obtained legislation creating the Iowa Research & Development School at MPLS.  This group thought the days of threats of closure were over since their existence was now statutory.  In 2012 they found out they were wrong.

In light of the recent events at the University of Iowa regarding the president selection process, I think it appropriate to share a narrative I drafted back in 2012 when UNI closed MPLS and other programs.  It was the fruit of an open records request for email.  The intended audience was the parents and supporters of MPLS.  

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Bad news for supporters of Iowa's "ag gag" law

A U.S. District Court judge has ruled unconstitutional an Idaho law that criminalized lying to obtain employment at an agricultural facility or making unauthorized audio and video recordings at such facilities. Will Potter, one of the plaintiffs challenging the “ag gag” law, has been covering the case at the Green is the New Red blog. Judge Lyn Winmill’s ruling (pdf) found that the Idaho law’s provisions violated both “the Free Speech Clause of the First Amendment and the Equal Protection Clause of the Fourteenth Amendment” of the U.S. Constitution.

The Iowa House and Senate approved and Governor Terry Branstad signed our state’s version of the “ag gag” law in 2012. It was the first of its kind in the country.

Although Iowa’s law differed from the Idaho statute in some ways, several parts of yesterday’s federal court ruling would appear to apply equally to Iowa’s law. After the jump I’ve enclosed the relevant language from both state laws and excerpts from Judge Winmill’s ruling.

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Education Department grants Iowa temporary break on No Child Left Behind

The U.S. Department of Education has approved “one-year freeze of the target increases that schools are held to under the federal No Child Left Behind Act,” Iowa Department of Education Director Jason Glass announced on July 2. Iowa had requested the one-year freeze last week, shortly after federal education officials denied Iowa’s application for a waiver from No Child Left Behind requirements.

After the jump I’ve posted statements from Glass with more details and comments on the latest development, along with reaction from Iowa Senate Education Committee Chair Herman Quirmbach. I also added the statement announcing members of the new Instructional Time Task Force, created under Senate File 2284, the education reform bill approved at the end of the legislative session.

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Weekend open thread: New fiscal year, new Iowa laws

What’s on your mind this weekend, Bleeding Heartland readers? Many laws approved during the 2012 legislative session go into effect today. After the jump I’ve posted links about some of the new laws and the end of the road for the Malcolm Price Laboratory School in Cedar Falls. I also included excerpts from a good article by Steve Gravelle, who examined the impact of Iowa’s public smoking ban four years after it became statewide law.

This is an open thread.

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Blame game ensues as feds deny Iowa waiver from No Child Left Behind

The U.S. Department of Education recently denied Iowa’s request for a waiver from the requirements of the No Child Left Behind law, which went into effect in 2002. Late last week, Governor Terry Branstad and members of his administration traded accusations with Iowa Senate Education Committee Chair Herman Quirmbach over the eternal political questions “What’s to be done?” and “Who’s to blame?”

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Scrooge came early this year: Branstad vetoes state money for food banks

Friday before holiday weekend news dump, part 2: Governor Terry Branstad line-item vetoed a $500,000 appropriation for the Food Bank of Iowa Iowa Food Bank Association (see clarification below). It was a surprisingly heartless play by the politician who said in September 2011, “If we want to be the healthiest state in the nation, we have to confront the issue of hunger in our communities.”

Over the weekend I looked into what an extra half million dollars might have meant to the growing number of Iowans who can’t always buy enough food.  

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Iowa passenger rail follow-up and discussion thread

In the final days of the 2011 Iowa legislative session, funding for passenger rail was one of the last disputes House Republican and Senate Democratic negotiators resolved. The final deal called for no passenger rail money in the state budget for fiscal year 2012, but left “intent” language describing future state funding to match federal grants for a train route between Iowa City and Chicago. At that time, news reports indicated that legislators would need to allocate $6.5 million toward passenger rail in fiscal year 2013 to keep this project alive, plus $10 million total in subsequent years.

Before the Iowa House and Senate adjourned last week, I saw no mention of passenger rail funding in any reports about the infrastructure budget for fiscal year 2013, which begins on July 1. Wondering whether no news was bad news, I started asking around. What I learned is after the jump, along with new links on the potential for passenger rail across Iowa.

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Branstad issues executive order in name of legislative authority (updated)

Governor Terry Branstad signed an executive order today to nullify an administrative rule banning the use of lead ammunition for hunting mourning doves in Iowa. He advanced two contradictory positions: that the Iowa legislature (not the state Natural Resources Commission) should decide whether dove hunters must use alternative ammunition, and that he was compelled to act because the Iowa Senate failed to assert its authority on this important issue.

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Iowa Democrats becoming the party of local control?

“Local control” has long been a rallying cry for conservatives who oppose taking governing decisions away from school districts, city officials, or county supervisors. However, Iowa Senate action this week rejecting a ban on traffic cameras is the latest sign that Iowa Democratic lawmakers are more likely than Republicans to respect this principle over centralized standards.

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Key Iowa Senate Republican wants to adjourn with no budget

I’ve been skeptical that Iowa House Republicans and Iowa Senate Democrats would agree on comprehensive education or property tax reform in an election year. Until today, though, it never occurred to me that anyone would propose adjourning the 2012 legislative session without passing a budget for the next fiscal year, which begins on July 1.

Then State Senator Bill Dix floated one of the worst ideas I’ve heard lately.

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Tax day links and discussion thread

Federal income taxes are due today for most Americans, unless you’ve filed for an extension like Mitt Romney. (What was he thinking?)

This thread is for any comments related to tax policy at any level of government. Follow me after the jump for links to news, facts and figures about taxes.

UPDATE: Added statements from Representatives Steve King, Dave Loebsack, and Leonard Boswell below. Loebsack and Boswell reference “equal pay day” rather than “tax day.”

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Iowa Senate approves education reform bill

The Iowa Senate approved a broad education reform bill yesterday on a party-line vote of 26 to 24. Details on Senate File 2284 and the floor debate in the upper chamber are after the jump.

I’ve also included the latest news on efforts to stop Iowa school districts from starting the academic year before September 1. If state lawmakers don’t act on that proposal, Governor Terry Branstad may try to force the issue.

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Reports highlight good news and bad news for Iowa rivers

Recreation on Iowa rivers generates enough economic activity to support about 6,350 jobs, according to a new study by Iowa State University’s Center for Agricultural and Rural Development.

Unfortunately, a new report by Environment Iowa indicates that this state’s rivers are among the country’s most polluted waterways.

Follow me after the jump for excerpts from both reports, published last week.

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Nuclear power in Iowa links and discussion thread

Expanding nuclear power is again a hot topic at the Iowa statehouse. It’s not clear whether Iowa Senate Commerce Committee Chair Matt McCoy can find the votes he needs to advance House File 561. McCoy announced last week that new language in the bill would protect consumers and satisfy a majority of his committee members. However, opponents say the changes address only one of many problems in a bill that would primarily benefit MidAmerican Energy at the expense of its ratepayers. McCoy was forced to delay consideration of House File 561 on March 8, but he is expected to bring up the bill before his committee sometime this week–if he has the votes.

Follow me after the jump for analysis on the prospects for passing House File 561 and the merits of the bill.

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Iowa House Democrats walk out rather than debate gun bills (updated)

All 40 Iowa House Democrats left the state capitol this morning to protest Republican House leaders’ plans to debate a bill and a proposed constitutional amendment that are among gun advocates’ highest legislative priorities.

UPDATE: Democrats returned late in the day, and I’ve added details below on the House floor debate and passage of both bills the evening of February 29.

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Iowa Senate passes two bills favored by Big Ag (updated)

The Democratic-controlled Iowa Senate passed two bills today favored by corporate agricultural interest groups. House File 589, the notorious “ag gag” bill, seeks to prevent whistleblowers from reporting alleged abuse at agricultural facilities. Senate File 2172 would reduce the number of sows that confined-animal feeding operations need to report for manure management purposes. Details on the bills and how senators voted are after the jump.

UPDATE: Bypassing normal legislative procedures, the Republican-controlled Iowa House also passed the “ag gag” bill on February 28. Scroll down for details on how the state representatives voted.  

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Who's teaching the kids? The corporate takeover

(The school districts are Clayton Ridge, covering Guttenberg and Garnavillo in Clayton County, and CAM, covering Cumberland, Anita, and Massena in Cass County. - promoted by desmoinesdem)

A recent DMR article highlighted the growing scam of for-profit corporations using tax dollars to provide substandard education via online learning.

Two companies are advertising on television in Iowa to have parents sign up their children for “free” online education (at public expense.) The companies, K12 Inc, and the Iowa Connections Academy, are exploiting a loophole in Iowa's open enrollment law. Two small school districts have signed agreements with the companies. Parents from anywhere in the state can open-enroll their children to one of those districts. The districts then will turn in their enrollment to the state and receive state money as if the students were enrolled full time in the district. Ninety-seven percent of the state money is then passed along to the companies. The students will receive 100% of their “education” online. 

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Report shows changes in Iowa children's health, well-being over last decade

Last week the Des Moines-based Child & Family Policy Center released “Iowa Kids Count 2010: Trends in the Well-Being of Iowa Children.” Highlights from the report are after the jump. While several indicators showed improvement in children’s health between 2000 and 2010, the economic circumstances of Iowa children and families deteriorated significantly.

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Who's who in the Iowa House for 2012

Although the 60 Republicans and 40 Democrats in the Iowa House haven’t changed since last year, I thought it was worth updating this post, because some committee assignments have changed, and House Democrats reshuffled their ranking members somewhat.

Majority and minority leadership teams are after the jump, along with all members of standing House committees. All 100 House districts are on the ballot every two years, so I’ve noted the new district numbers for state representatives seeking re-election in 2012, as well as which House members have said they will retire after this year’s legislative session.

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Can a divided legislature agree to raise Iowa's gasoline tax? (updated)

Iowa’s well-documented problems with roads in disrepair and deficient bridges have prompted many calls for raising the gasoline tax in recent years. I’ve been skeptical that a divided state legislature would agree to raise an unpopular tax during an election year-session following redistricting. However, key lawmakers continue to insist that a gas tax hike is on the table. Arguments for why this proposal will and won’t pass are after the jump.

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Property tax plans and highlights from Branstad's legislative speech

Governor Terry Branstad delivers his “Condition of the State” address to the Iowa House and Senate this morning. Iowa Public Television will livestream the speech here, and I’ll update this post later with highlights. The governor’s commercial property tax reform plan will be a centerpiece of the address. As part of that plan, Branstad indicated yesterday that he will seek unprecedented limits on local government taxing authority in Iowa.

UPDATE: A few details from the governor’s proposed budget are now below, along with some reaction from Democratic lawmakers. Branstad is asking for a significant spending increase in the 2013 fiscal year.

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Merlin "Build my fence" Bartz taking on obsolete laws

Republican State Senator Merlin Bartz set the bar high for irony on the opening day of the 2012 legislative session. Bartz sought publicity for a bill he has introduced to remove “frivolous, obsolete, and redundant mandates” from the Iowa Code.

On the one hand, that’s a worthwhile effort for the ranking member of the Iowa Senate Local Government Committee. On the other hand, a guy who’s using a 19th-century law to force neighbors to pay for half of his new fence might not be the best standard-bearer for this cause.

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