# 2019 Session



Law blocking health care for trans Iowans facing new court challenge

Two years ago this week, on the day before the Iowa legislature completed its work for 2019, Republicans added two new discriminatory provisions to the state’s health and human services budget. Both code sections quickly spawned litigation. Planned Parenthood’s lawsuit against language designed to exclude the organization from sex education grants is now pending before the Iowa Supreme Court, after a District Court found the prohibition violated the state constitution’s equal protection guarantee.

A case challenging language that authorized discrimination against transgender Iowans on Medicaid never got that far. But on April 22, the ACLU of Iowa and the national ACLU LGBTQ & HIV Project filed a new lawsuit in Polk County District Court.

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Who benefits from Iowa's new law on candidate ballot order?

If you’re among the hundreds of thousands of Iowans who received absentee ballots in the mail this week or voted early in person, you may have noticed that one party’s candidates were listed first on all of the races for federal and state offices. Perhaps the ballot order differed from your expectations; Republican candidates got top billing in several large, Democratic-leaning counties.

How did that happen?

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State seeking federal exemption for Iowa's medical cannabis program

Carl Olsen, the founder of Iowans for Medical Marijuana, brings us up to date on his efforts to reconcile state and federal drug laws. -promoted by Laura Belin

Retail sales of medical cannabis products began in Iowa on December 1, 2018, implementing Iowa House File 524, which lawmakers passed on the final day of the 2017 legislative session.

Iowans for Medical Marijuana submitted an application to the U.S. Drug Enforcement Administration in January 2019, seeking to exempt Iowa’s Medical Cannabis Program from federal drug laws. That application used the process in Title 21, Code of Federal Regulations, Chapter 1307, 21 C.F.R. §1307.03. I then began to lobby the state legislature and the Iowa Department of Public Health to support the application.

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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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Court strikes down Iowa law denying sex ed funding to Planned Parenthood

Iowa Republicans were too clever by half when they slipped language targeting Planned Parenthood into a budget bill last year. Instead of prohibiting state agencies from awarding sex education grants to all entities that provide abortions, GOP lawmakers wrote an exception into the law so that UnityPoint facilities could remain eligible for the funding.

For that reason, a Polk County District Court determined this week that the prohibition violated the Iowa Constitution’s equal protection guarantee.

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The 19 Bleeding Heartland posts that were most fun to write in 2019

Before the new political year kicks off with the Iowa legislature convening and Governor Kim Reynolds laying out her agenda, I need to take care of some unfinished business from 2019.

When I reflect on my work at the end of each year, I like to take stock of not only the most popular posts published on this website and the ones I worked hardest on, but also the projects that brought me the most joy. I’ve found this exercise helps guide my editorial decisions on the many days when I have time to write up only one of several newsworthy stories.

Among the 348 posts I wrote last year, these were some of my favorites:

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The 19 Bleeding Heartland posts I worked hardest on in 2019

Five years ago, I started taking stock of my most labor-intensive posts near the end of each year. Not all of these are my favorite projects, though invariably, some of my favorites end up on these compilations.

Before getting to the countdown for 2019, I want to give another shout out to guest authors who poured an extraordinary amount of work into two posts Bleeding Heartland published last year.

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Recognizing Bleeding Heartland's talented 2019 guest authors

More than 125 authors contributed to the 290 guest posts Bleeding Heartland published this calendar year–way up from the 202 pieces by about 100 writers in 2018 and the 164 posts by 83 writers the year before that. I’m immensely grateful for all the hard work that went into these articles and commentaries and have linked to them all below.

You will find scoops grounded in original research, such as John Morrissey’s exclusive reporting on Sedgwick landing a lucrative contract to administer Iowa’s worker’s compensation program for state employee, despite not submitting the high bid.

The most-viewed Bleeding Heartland post this year was Gwen Hope’s exclusive about the the Hy-Vee PAC donating $25,000 to the Iowa GOP, shortly before President Donald Trump headlined a Republican fundraiser at Hy-Vee’s event center in West Des Moines.

Several commentaries about major news events or political trends were also among the most widely read Bleeding Heartland posts of 2019. I’ve noted below pieces by Ed Fallon, Tim Nelson, Bruce Lear, Randy Richardson, J.D. Scholten, Dan Guild, State Senator Claire Celsi, and others that were especially popular. (This site has run more than 630 pieces since January 1.)

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Five thoughts about Linda Upmeyer's tenure as Iowa House speaker

Iowa House Republicans meet in Des Moines this morning to elect new leaders for the 2020 legislative session. Linda Upmeyer announced on September 30 that she will step down as House speaker when the legislature reconvenes in January and will not seek re-election next November. She said in a written statement that she wants to spend more time with her husband, children, and grandchildren.

Speaking to WHO Radio’s Jeff Angelo on October 1, Upmeyer said she was also influenced by her predecessor Kraig Paulsen’s decision to leave the post long before an election. A new speaker is “well-served” by having a session under their belt, which helps them with fundraising and recruiting candidates, she explained. “I wanted to make sure that whoever was going to be leading the caucus in the future had those tools at their disposal going into this next election.”

Sources close to the legislature indicate that current House Appropriations Committee chair Pat Grassley is likely to become the next speaker, with Matt Windschitl moving up from House speaker pro-tem to majority leader. Current Majority Leader Chris Hagenow may not be part of the new leadership team, for reasons that remain unclear. UPDATE: The caucus selected Grassley as speaker, Windschitl as majority leader, and State Representative John Wills as speaker pro tem.

I’ve been thinking about Upmeyer’s legacy and how she influenced the chamber.

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Iowa Libertarians have strong case against early candidate deadline

The Libertarian Party of Iowa and its prospective candidate for U.S. Senate in 2020 have filed a federal lawsuit charging that a new law violates their “violates fundamental voting and associational rights,” as well as equal protection guarantees, by requiring candidates from minor political parties to file nominating papers in mid-March, when Democratic or Republican candidates could qualify for the general election ballot as late as August.

Previous court rulings indicate they have a strong case.

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Leader quits Iowa civil rights enforcement agency (updated)

The Iowa Civil Rights Commission’s interim executive director stepped down last week, following an extended period of uncertainty for the agency charged with enforcing the Iowa Civil Rights Act.

Linda Grathwohl did not explain her decision in the letter she delivered to Governor Kim Reynolds on July 11. In an e-mail to the commission’s staff the same day, Grathwohl didn’t specify any reason for leaving, saying she planned to return to Iowa Legal Aid once her resignation was effective on July 25. Attempts to reach Grathwohl for further comment by phone, e-mail, and Facebook message were unsuccessful.

Nearly seven months have passed since Grathwohl’s predecessor, Kristin Johnson, left at the end of her term. Reynolds has not appointed a permanent executive director, and correspondence obtained by Bleeding Heartland through a public records request shows little sign the governor or her staff are interested in the agency’s work.

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Justice should be blind. Not willfully blind

A Polk County District Court has ruled that transgender Iowans must exhaust all administrative remedies before challenging in court a new state law designed to prevent Medicaid from covering gender-affirming surgery.

In a July 18 order dismissing the ACLU of Iowa’s lawsuit on behalf of Mika Covington, Aiden Vasquez, and the LGBTQ advocacy group One Iowa, Judge David Porter wrote that the plaintiffs seeking surgery “have an adequate remedy at law” and that their case “is not ripe for judicial consideration.”

In other words, Covington and Vasquez must jump through hoops that will take many months, possibly years, before any court can consider their claim that denying Medicaid coverage for medically necessary procedures violates their constitutional rights.

Porter’s decision ignored evidence pointing to the law’s discriminatory intent as well as its impact on the plaintiffs.

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Some bad laws for Iowa's environment take effect today

Continuing Bleeding Heartland’s coverage of the Iowa legislature’s work during the 2019 session.

Iowa’s environmental community had something to celebrate when state lawmakers adjourned for the year without passing legislation that would crush small-scale solar development. An unusual coalition including solar installers, environmental groups, and livestock farmers helped keep the bill bottled up in the Iowa House despite intense lobbying by MidAmerican Energy and its allies, along with massive spending by undisclosed donors.

Unfortunately, lawmakers approved and Governor Kim Reynolds signed several other measures that will be detrimental for Iowa’s natural resources and take our state’s energy policy in the wrong direction. The new laws take effect today, as the 2020 fiscal year begins.

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Top ten tips for Governor Reynolds' new public relations staffer

Democratic State Senator Claire Celsi has extensive experience in the public relations field. -promoted by Laura Belin

As ranking member of the Iowa Senate’s Administration and Regulation Appropriations Subcommittee, I was supposed to be privy to budget requests from state agencies, including the governor’s office. Unfortunately, Governor Kim Reynolds refused our committee’s request to appear in person to explain why they were requesting a 10 percent increase in their budget while requesting a “status quo” budget from all other state departments.

Since our committee’s process was prematurely cut short by Committee Chair Representative John Landon, I attempted to go through staff back channels to find out what the $200,000 increase would be used for. I was told that Reynolds had requested the hiring of two analysts, one for tax policy and one for healthcare policy. I thought those were perfectly reasonable requests, since both areas have been so completely botched by Republicans in the past three years. But I still wondered why no one would come to our committee meeting to explain the request.

Now we have the answer. Turns out, the governor is planning to hire a “public relations manager.” I have some advice for the new staff member, based on my years of experience in public relations, brand management and communications. Some of my former clients were state agencies, so I know the demands they will be facing.

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Multilevel marketing moguls turned housing profiteers come to Iowa

Matt Chapman brings us up to date on a company’s plan to impose exorbitant rent hikes on him and his neighbors. -promoted by Laura Belin

When Havenpark Capital Partners bought up five manufactured housing parks in Iowa, they brought tension, anger and fear along for the ride. On a Friday afternoon before any of us knew they had bought our Waukee community, a notice was posted on all 300 doors in Midwest Country Estates that the rent was going up 69 percent in 60 days. Residents in the other four communities received similar notes.

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In bait and switch, Iowa governor hiring "public relations manager"

Governor Kim Reynolds asked for and received a nearly 10 percent budget increase for her office operations during the fiscal year beginning on July 1, with a view to hiring two additional full-time employees. Republican lawmakers told members of the Iowa House and Senate the extra funding was for analysts to focus on health policy and tax policy.

This week the governor’s office posted a new job listing on a state government website. Instead of seeking a health or tax policy analyst, the governor is hiring a full-time “public relations manager” to coordinate messaging about her initiatives.

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Affected Iowans, Kim Reynolds discuss policy targeting transgender people

Two transgender Iowans and an LGBTQ advocacy group are challenging the new statute intended to deprive transgender people of Medicaid coverage for gender-affirming surgery. The ACLU of Iowa filed suit in Polk County District Court on May 31 on behalf of Aiden Vasquez, Mika Covington, and One Iowa.

Listening to the plaintiffs explain why they took this step, I was struck by the contrast between their heartfelt, compelling words and Governor Kim Reynolds’ heartless, clueless excuses for signing discrimination into law.

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Reynolds, GOP killed way to reduce racial, economic disparities in Iowa courts

Governor Kim Reynolds made headlines last week with two vetoes: blocking language targeting the attorney general, and rejecting a medical cannabis bill that had strong bipartisan support in both chambers.

A provision she didn’t veto drew little attention. For the foreseeable future, it will prevent Iowa courts from using a tool designed to make the criminal justice system more fair to defendants of all races and income levels.

Reynolds should appreciate the value of the Public Safety Assessment (PSA), since she works closely with two former State Public Defenders: Lieutenant Governor Adam Gregg and the governor’s senior legal counsel Sam Langholz. But last year she ordered a premature end to a pilot program introducing the tool in four counties. The governor’s staff did not reply to repeated inquiries about the reasoning behind Reynolds’ stance on this policy.

Notably, the owner of Iowa’s largest bail bonding company substantially increased his giving to GOP candidates during the last election cycle, donating $10,100 to the governor’s campaign and $28,050 to Republicans serving in the state legislature.

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Law denying Planned Parenthood sex ed funding on hold for now

A new state law denying sex education funding to Planned Parenthood will likely be found unconstitutional, a Polk County District Court has determined.

Judge Joseph Seidlin issued a temporary injunction to block new statutory restrictions on Planned Parenthood of the Heartland’s access to government sex education grants. His order, enclosed in full below, found Planned Parenthood would suffer “irreparable harm” if the law took effect. State agencies are due to announce fiscal year 2020 recipients for the Community Adolescent Pregnancy Prevention and Services Program (CAPP) and the Personal Responsibility Education Program (PREP) on May 31.

In addition, the court’s order stated Planned Parenthood was “likely to succeed on the merits of its equal protection claim” under the Iowa Constitution, since the law contains an exemption for a “nonprofit health care delivery system” that provides abortions in some locations.

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LGBTQ lives cannot be compromised

One Iowa Action: “We should not be encouraging half-measures and disparate treatment of our fellow Iowans.” -promoted by Laura Belin

Des Moines Register Opinion Editor Kathie Obradovich’s recent column sets out a laudable goal; protecting both religious liberty and the LGBTQ community (What if Iowa could protect both religious freedom and LGBTQ rights?).

Unfortunately, the substance of the piece misses the mark by pulling from erroneous source material that equates Utah and Iowa, two states with very different legal and political landscapes. In doing so Obradovich implies, perhaps unintentionally, that LGBTQ Iowans need to start from a place of compromise when their rights and freedoms are threatened.

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Logical, but disappointing: Reynolds vetoes medical cannabis bill

Carl Olsen analyzes the big news the governor tried to bury in a pre-holiday weekend news dump. He has been a leading advocate for medical cannabis in Iowa for many years and closely follows legislative happenings related to the issue. -promoted by Laura Belin

Governor Kim Reynolds vetoed House File 732 on May 24. The bill passed by overwhelming bipartisan majorities in both legislative chambers: 96 to 3 in the Iowa House and 40 to 7 in the Iowa Senate. The full text of the governor’s veto letter is enclosed at the end of this post.

This is a tough issue for me to write about. I totally agree with the governor’s logic. At the same time, I am disappointed with the outcome.

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Reynolds/Miller deal could encourage future Republican power grabs

Governor Kim Reynolds issued her first item veto of the year this week, rejecting part of a budget bill that sought to limit Attorney General Tom Miller’s authority to sign on to multi-state lawsuits. However, she did so only after Miller agreed not to join any such litigation without her permission, ensuring that he “will not be suing the Trump administration” anymore. In addition, the governor’s veto letter praised the “Legislature’s leadership on this issue.”

While not the worst-case scenario, the resolution of this conflict could invite more Republican bills encroaching on the authority of statewide elected Democrats. The governor and her staff could then pressure those officials to cede some of their power in exchange for a veto.

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Iowa absentee ballot law improved, new voter suppression plans blocked

Iowa lawmakers adjourned for the year on April 27. Bleeding Heartland continues to catch up on some of the legislature’s significant work. Previous reporting related to the 2019 legislative session can be found here.

Republicans have enacted new voting restrictions in some two dozen states this decade. Iowa became part of that trend in 2017 with a law requiring voter ID, shortening the early voting period, and imposing new absentee ballot rules that are on hold pending litigation.

The march toward voter suppression appeared set to continue, with Governor Kim Reynolds winning a four-year term and the GOP retaining control over the Iowa House and Senate last November. Senate State Government Committee chair Roby Smith introduced a horror show election bill days before the legislature’s first “funnel” deadline in March. His Republican colleagues in the upper chamber later approved a bill with most of Smith’s bad-faith proposals.

But in a plot twist, House Republicans agreed to remove all the provisions that would make it harder to vote when House File 692 came back to the lower chamber. The final version, which Reynolds signed on May 16, contained largely technical code revisions and big improvements to the process for tracking and counting absentee ballots.

Follow me after the jump for a short history of a voter suppression tragedy averted.

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Plaintiffs challenging Iowa judicial changes face uphill climb (updated)

A Linn County attorney and eight Iowa House Democrats are challenging the new law that altered the composition of the State Judicial Nominating Commission and the term of the Iowa Supreme Court chief justice.

Republican lawmakers approved the changes as an amendment to the “standings” budget bill on the final day of the 2019 legislative session. Governor Kim Reynolds signed the bill on May 8, giving herself and future governors nearly unchecked power to choose judges for Iowa’s Supreme Court and Court of Appeals.

The plaintiffs are not claiming the legislature lacked the power to change the commission’s membership through a statute. Although most of Iowa’s judicial selection system is spelled out in the state constitution, which takes years to amend, a loophole in Article V, Section 16 specified the manner of forming judicial nominating commissions only “Until July 4, 1973, and thereafter unless otherwise provided by law.”

Rather, the lawsuit filed in Polk County District Court on May 14 cites two constitutional violations related to the process by which the law passed and one violation related to the separation of powers.

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Dark money group spent $1.25 million pushing MidAmerican's solar bill

A group that popped up this year to support MidAmerican Energy’s solar bill spent $1.25 million on television commercials alone, as well as at least $11,000 on Facebook advertising and an undisclosed sum on direct mail.

The REAL Coalition conceals its donors and board members but appears to be funded primarily by utility companies and the industry’s trade association.

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Four reasons the GOP attack on trans Iowans won't hold up in court

Republicans slipped a couple of nasty surprises into the health and human services budget on the penultimate day of the Iowa legislature’s 2019 session. One of the new provisions in House File 766 would amend the Iowa Civil Rights Act to deprive transgender and intersex Iowans of access to surgery through Medicaid or other public health insurance programs.

Governor Kim Reynolds should strike this language because denying health care to people in need is reprehensible.

If she lacks the empathy to comprehend why punching down on a marginalized group is wrong, the governor should use her item veto power for a pragmatic reason: the Iowa Supreme Court is unlikely to let this discriminatory act stand.

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Iowa Republicans choose not to look for overspending on Medicaid prescriptions

The Iowa Department of Human Services will not audit a practice that could be inflating costs for Medicaid prescription drug payments by millions of dollars a year.

State Representative John Forbes raised concerns after finding discrepancies on bills for some prescriptions his Urbandale pharmacy filled for patients served by Amerigroup, one of Iowa’s Medicaid managed-care providers. Earlier this month, House members unanimously approved Forbes’ amendment to the health and human services budget, instructing DHS to “audit all prescription drug benefit claims managed by a pharmacy benefit manager under the Medicaid program.”

However, House and Senate Republicans dropped that section from the final version of House File 766.

State Senator Mark Costello, who floor managed the health and human services budget in the upper chamber, claimed Iowa’s Medicaid director Michael Randol and an Amerigroup representative had told him the audit was unnecessary.

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"This is political": House Republicans vote to limit Iowa AG's powers

North Carolina Republican lawmakers started the trend after losing the governor’s race in 2016. GOP legislative majorities in Michigan and Wisconsin followed suit late last year, seeking to hamstring newly-elected governors and the Michigan attorney general. Kansas Republicans are now trying to limit the appointment power of that state’s Democratic governor.

Iowa House Republicans took their own step toward “banana-republic style governance” on April 23, voting for unprecedented restrictions on Attorney General Tom Miller’s ability to make legal decisions.

The bill’s floor manager, State Representative Gary Worthan, admitted his proposal stemmed from political disagreements with Miller, whom Iowans elected to a tenth term last November.

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Iowa House member Andy McKean leaves Republican caucus

State Representative Andy McKean has left the Republican caucus. His official page on the Iowa legislature’s website now lists “no party specified,” and the Iowa House Republicans website no longer lists him as a member. His legislative page also indicates that he has lost all House committee assignments, as of April 23. McKean had chaired the House Ethics Committee and served on the Environmental Protection, Judiciary, Local Government, and State Government committees.

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State board suggests more restrictive medical cannabis limits

Carl Olsen has been a leading advocate for medical cannabis in Iowa for many years and closely follows legislative happenings related to the issue. -promoted by Laura Belin

In a highly unusual move, the Iowa Department of Public Health (IDPH) announced on the afternoon of April 12 that the Medical Cannabidiol Advisory Board had rescheduled its planned meeting. Instead of convening for two and a half hours on May 3, the board would meet for one hour on April 16.

Members called the shorter, rushed meeting in order to discuss recommendations on the tetrahydracannabinol or THC cap and purchase limits in a bill the Iowa House approved last month.

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New GOP bill would slash energy programs for low-income Iowans

UPDATE: This bill did not advance, but Republicans put comparable language into the “standings” budget bill, Senate File 638 (see Division IX on pages 16 and 17). Governor Kim Reynolds can and should item veto this section.

Energy-efficiency programs that benefit low-income Iowans would be cut under a bill Republicans advanced today from an Iowa Senate subcommittee.

Senate Study Bill 1256 would compound the harm done by Senate File 2311, which Republicans enacted in 2018 over objections from many stakeholders. Whereas last year’s bill reduced utility companies’ required spending on energy efficiency programs with a 25-year track record, the new bill would limit allowable spending on such programs.

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Where things stand with MidAmerican's bad solar bill

As state lawmakers wrap up their work for 2019, one of the biggest question marks surrounds MidAmerican Energy’s push to make future solar development unaffordable for most Iowa homeowners and small businesses.

Four weeks after the bill cleared the Iowa Senate, it is still hung up in the House, where a group of Republicans recently took an unusual step to signal their opposition.

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