# Iowa Senate



Now he tells us: Hatch bashes property tax law he voted for, campaigned on

Jack Hatch isn’t happy with the work of his former colleagues in the Iowa Senate. Writing in the Sunday Des Moines Register, he declared the 2016 legislative session to be a “disaster for Democrats,” who made no progress on improving water quality, protecting public employees, raising the minimum wage, or funding education adequately. In Hatch’s view, Governor Terry Branstad has “bullied” Senate Democrats “into siding with him in serving only the top 10 percent.” In particular, he cited the “historic levels of tax relief for corporations” senators approved three years ago, part of a trend toward providing generous tax breaks for business while Iowa schools lack essential resources.

I couldn’t agree more that the commercial property tax cut lawmakers approved at the end of the 2013 legislative session was too expensive and mostly oriented toward businesses that didn’t need help, with foreseeable consequences for public services. Undoubtedly, that legislation and other corporate tax breaks are largely responsible for budget constraints that drove Democrats toward lousy deals on funding for K-12 school districts as well as higher education.

Just one question: why didn’t Hatch listen to the experts who warned at the time that the tax cut amounted to “Christmas for Walmart and McDonald’s”?

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Fake compromise lets Iowa GOP save face on Planned Parenthood capitulation

The Iowa House and Senate adjourned for the year this evening. As usual, the health and human services budget was one of the last deals Senate Democrats and House Republicans agreed on. Both sides gave significant ground on oversight of Iowa’s recently-privatized Medicaid program; a future post will look more closely at the terms of that agreement. In another example of history repeating itself, key negotiators had trouble finding common ground on what to do about Planned Parenthood funding through the Iowa Family Planning Network.

The outcome of last year’s budget talks left little doubt that Republicans wouldn’t achieve their goal of creating a new state family planning program, excluding abortion providers. Yet House Speaker Linda Upmeyer had promised a “deliberate and unwavering battle” on “pro-life issues,” and specifically to make defunding Planned Parenthood a “priority” for her caucus.

I’ve been wondering what Democrats might offer Republicans in exchange for preserving status quo language on state funding for Planned Parenthood’s non-abortion services.

As it turned out, they didn’t have to make any real concession.

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Mary Andringa stepping down from Iowa Board of Regents (updated)

Saying she had “underestimated the time required to fully serve in this role,” Mary Andringa announced today she will step down from the Iowa Board of Regents, just one year into her six-year term. I enclose the official statement below, along with more background on Andringa, who has had a long and distinguished career in business and industry advocacy work. As a regent, she is best known for participating in a secret Ames meeting with Bruce Harreld and three other board members, then sending Harreld an effusive e-mail encouraging him to apply for the University of Iowa’s presidency.

Governor Terry Branstad will select Andringa’s successor on the nine-member Board of Regents, almost certainly after the state legislature has adjourned for this year. Consequently, the Iowa Senate will consider that nominee during the 2017 session.

Since 2011, state senators have confirmed the overwhelming majority of Branstad appointees unanimously or nearly so. However, Senate Democrats rejected two of Branstad’s picks for the Board of Regents in 2013. Craig Lang faced criticism for allegedly interfering with state university policies during his first term as a regent, while Robert Cramer drew fire for his record of social conservative activism, including as a member of the Johnston school board.

Branstad thinks highly of Andringa, naming her to a newly-created state economic development board a few years before appointing her to the even more prestigious board that oversees Iowa’s state universities. In fact, Branstad and his onetime chief of staff Doug Gross were said to have recruited Andringa to run for governor in 2009, a few months before GOP heavyweights persuaded Branstad to come out of political retirement. A poll commissioned by an organization linked to Gross had tested voters’ interest in female business leaders as potential gubernatorial candidates. Some news coverage in the spring of 2009 named Andringa among the possible GOP challengers to Governor Chet Culver.

UPDATE: Casting Andringa’s resignation in a new light, Ryan Foley reported for the Associated Press on April 28 that the outgoing regent “has long been a director for a national furniture company but failed to publicly disclose that relationship before its local distributor signed a major no-bid contract with the University of Iowa last year.” Excerpts from that story and from Jeff Charis-Carlson’s report on that no-bid contract are after the jump.

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Iowa Senate district 4 preview: Dennis Guth vs. Susan Bangert

When the filing deadline passed for major-party candidates to run in Iowa’s June 7 primary, seven Republican state senators up for re-election this year had no challengers: Randy Feenstra (Senate district 2), Dennis Guth (Senate district 4), Mark Segebart (Senate district 6), Mark Costello (Senate district 12), Amy Sinclair (Senate district 14), Tim Kapucian (Senate district 38), and Ken Rozenboom (Senate district 40). Recruitment continued, as special district conventions may nominate candidates for seats where no one filed in time to be on the primary ballot.

Based on 2012 election results and incumbent weirdness, the most potentially competitive of the uncontested GOP-held Iowa Senate seats was arguably Guth’s. Democrats announced on April 25 that Susan Bangert will run in Senate district 4. I enclose below a map of this district and details about its recent voting history, along with background on Guth and Bangert.

Also on Monday, Dennis Mathahs confirmed plans to drop out of the Democratic primary in Iowa House district 75 in order to run against Kapucian in Senate district 38. A future post will preview that race.

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Weekend open thread: Exposing abuse edition

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

The Pulitzer Prizes announced this week recognized some powerful reporting on the misuse of power. The Associated Press won the public service award for “an investigation of severe labor abuses tied to the supply of seafood to American supermarkets and restaurants, reporting that freed 2,000 slaves, brought perpetrators to justice and inspired reforms.” Margie Mason, Robin McDowell, Martha Mendoza, and Esther Htusan contributed to this incredible investigative work; the whole series is available here.

The Washington Post won the Pulitzer’s national reporting category for its “revelatory initiative in creating and using a national database to illustrate how often and why the police shoot to kill and who the victims are most likely to be.” The database is available here; reporters who contributed to this work include Kimberly Kindy, Wesley Lowery, Keith L. Alexander, Kimbriell Kelly, Sandhya Somashekhar, Julie Tate, Amy Brittain, Marc Fisher, Scott Higham, Derek Hawkins, and Jennifer Jenkins. In one of the articles for this series, Kindy and Tate explored the common practice of police departments withholding video footage of fatal shootings, using the January 2015 death of Autumn Steele in Burlington, Iowa as the touchpoint.

The Pulitzer for explanatory reporting went to T. Christian Miller of ProPublica and Ken Armstrong of The Marshall Project “for a startling examination and exposé of law enforcement’s enduring failures to investigate reports of rape properly and to comprehend the traumatic effects on its victims.” An Unbelievable Story of Rape was a stunning and depressing piece.

Speaking of stunning and depressing, previously unreported abuses of teenagers at the now-closed Midwest Academy boarding school came to light earlier this year. Several former students spoke to Ryan Foley of the Associated Press about being kept in isolation boxes for days or weeks at a time. (Isolation is particularly harmful to developing adolescent brains.) The Des Moines Register’s Lee Rood reported on approximately 80 law enforcement calls to the facility in Keokuk during the last three years the school was open. Abusive practices by staff went back more than a decade, though.

No state agency had ever inspected the Midwest Academy, prompting calls for the Iowa legislature to prevent future problems at unregulated schools. The Iowa Senate unanimously approved a bill setting out certification and inspection standards for boarding schools. House Republicans amended Senate File 2304 before approving it in the lower chamber, making “some exemptions for religious facilities.” The Senate refused to concur in the House amendment, and on a mostly party-line vote, the House rejected the Senate version. The school oversight bill now goes to a conference committee. I hope lawmakers will work out a deal before adjourning, but this legislation is not a must-pass bill like the health and human services budget (currently hung up over disagreements on Medicaid oversight and Planned Parenthood funding).

Alleged verbal abuse by Iowa State University women’s basketball coach Bill Fennelly was among the actions that inspired a discrimination lawsuit by former star player Nikki Moody. The AP’s Luke Meredith and Ryan Foley broke news about that lawsuit on April 18. After the jump I’ve enclosed excerpts from their report and some reaction, but I highly recommend reading the plaintiff’s jaw-dropping twelve-page court filing. Looking through some Cyclone fan board threads about the lawsuit, I was struck by two contradictory lines of argument from the coach’s defenders: Moody is lying, because this or that former player says Fen was always supportive and would never behave that way; or alternatively, Moody is lying, because Fen is tough on all his players, not just the black ones. Cheyenne Shepherd, an unheralded player for ISU during the 1990s, provided strong support for Moody in a guest column for the Des Moines Register about her experience as one of Fennelly’s “non-favorites.” Retired ISU journalism professor Dick Haws discussed the “not-very-well-hidden secret” of how Fennelly berates and humiliates some of his players. Gavin Aronsen asked at Iowa Informer whether the lawsuit is “A Symptom of Broader Diversity Problems at ISU.”

Since Thursday, I’ve been reading reflections on the life and work of Prince. I remembered his exceptional creativity, charisma, and talent as a songwriter (for many other artists as well as for himself), but I didn’t realize how highly regarded he was as a guitarist. His solo during this performance of “While My Guitar Gently Weeps” was mesmerizing. Billy Gibbons of ZZ Top described Prince’s “sensational” guitar playing in an interview with the Washington Post: “Even today, I’m struggling to try and emulate that guitar introduction to ‘When Doves Cry.’ It’s just a testament to his extraordinary technique.” The whole “Purple Rain” album brings back strong high school memories for me, especially “When Doves Cry.” Prince’s biggest fan in the Iowa blogosphere was John Deeth, easily recognized at political events by his raspberry beret. Deeth reflected on what the music meant to him here.

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Stage set for another battle over Planned Parenthood funding in Iowa

Only days ago, some Iowa legislative sources indicated lawmakers were on track to adjourn by the end of this week. That never seemed likely, with the health and human services budget not yet approved by either chamber. Disagreements over abortion-related language in that bill have been one of the last sticking points between Iowa House Republicans and Senate Democrats in recent legislative sessions. The pattern is set to continue this year.

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Disheartened in the Heartland: Iowa’s Disinvestment in Higher Education

Many thanks to Austin Frerick for this close look at the hidden costs of choices by elected officials. Frerick is an Iowa native and economist who has worked at the Institute for Research on Poverty and the Congressional Research Service. -promoted by desmoinesdem

In the coming weeks, thousands of Iowa families will sit down for painstaking hours to fill out the Free Application for Federal Student Aid (FAFSA). They do so in order to see if they qualify for college financial assistance. What makes it painstaking? After completing countless online forms detailing a family’s financial circumstances, a family is told what its costs for college will be with very little explanation for how this number is determined.

Over the past 15 years, Iowa has radically altered its higher education system from one that invests in its citizens to one which forces students to take on excessive debts while recruiting wealthy students from out of state. FAFSA has been the key instrument in creating this current predicament. The process was never meant to be this way. The story of the privatization of higher education and reliance on FAFSA is a story of neglect and bureaucratic inertia.

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Weekend open thread: "The resources we have" edition

What’s on your mind this weekend, Bleeding Heartland readers? This is an open thread: all topics welcome. The Des Moines Register ran an extraordinary lead editorial on Saturday about a Des Moines police officer’s “pattern of misconduct” and “poor judgment.” Click through to read the most strongly-worded warning about a law enforcement official I’ve seen in an Iowa newspaper.

An emerging compromise on higher education funding was one of the biggest state-level news stories of the week. The Iowa legislature’s joint Education Appropriations Subcommittee, co-chaired by Democratic State Senator Brian Schoenjahn and Republican State Representative Cecil Dolecheck, agreed on April 13 that the fiscal year 2017 budget for higher education will include an additional $6.3 million for public universities: $2.8 million for the University of Northern Iowa, $2.2 million for Iowa State University, and $1.3 million for the University of Iowa. Iowa Public Radio’s Joyce Russell noted that the increases work out to a little less than 3 percent more state funding for UNI, 1.2 percent for ISU, and less than 1 percent for UI.

The Iowa Board of Regents had requested an extra $20 million in state funding for the coming fiscal year: $4.5 million for UI, $8.2 million for ISU, and $7.65 million for UNI. Governor Terry Branstad’s draft budget had included a combined $8 million in additional state funding for the public universities. Last month, Board of Regents President Bruce Rastetter said at least $8 million would be needed to avoid raising tuition. In a statement released April 14, Rastetter said the board would “immediately start discussions regarding tuition increases at our universities for Fall 2016.”

More background and details on the higher education funding compromise are after the jump, but I want to highlight a couple of misconceptions. Russell quoted Dolecheck as saying “we did the best we can with the resources that we have,” and quoted Schoenjahn as saying lawmakers tried to stretch “the precious resources we had” but couldn’t do more without raising taxes.

No. Just last month, the Iowa House and Senate approved a tax bill that will reduce fiscal year 2017 revenues by nearly $120 million: $97.6 million by harmonizing Iowa tax code with federal statutes, and around $21 million by reducing state sales taxes for manufacturing companies. Another $280 million was taken off the table long before this year’s budget negotiations began, when most lawmakers in both chambers approved an expensive commercial property tax cut in 2013. Leaders of both parties bragged about that tax cut at the time but did not acknowledge how the windfall for commercial property owners would affect the state’s ability to pay for other priorities down the road.

Speaking on behalf of the union that represents UNI faculty, Professor Joe Gorton said this week, “It seems clear to me that the regent universities are being sacrificed on the altar of corporate welfare.” An Iowa Fiscal Partnership analysis from January shows Gorton was closer to the truth than were Schoenjahn or Dolecheck. Business tax credits are expected to cost the state around $272 million during fiscal year 2017.

Writing at Blog for Iowa this weekend, Dave Bradley argued, “Had Branstad’s administration not given tax cuts to businesses without consulting the legislature we would probably [be] OK. […] while the special interests that the Republicans have given breaks to are no longer paying what they once did, Iowa’s parents will see higher tuition fees on their kids university bills.” Fact-check: mostly false. Over many years, the legislature approved and failed to revise Iowa’s generous business tax breaks. Most Democrats in both chamber joined their GOP colleagues to pass the costly property tax cut three years ago. Just six state senators and thirteen representatives voted no; I’ve listed them after the jump. The Branstad administration did try to enact the manufacturing sales tax break without legislative approval last year, and was on track to succeed. However, the tax bill lawmakers negotiated and approved last month included a scaled-back sales tax break, superseding the Department of Revenue’s proposed administrative rule.

Speaking of money for state universities not living up to expectations, Ryan Foley of the Associated Press revealed on April 15 that Rastetter has paid only $1.5 million toward his 2008 pledge of $5 million to the University of Iowa’s football program. Before 2015, Rastetter had donated just $500,000 toward that pledge, raising “questions about whether the delay was part of the pressure he put on former university President Sally Mason.” Excerpts from Foley’s article are at the end of this post.

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IA-Sen: Judge playing down, Hogg playing up differences on water quality

Photo of Iowa stream courtesy of InIowaWater.org, a project of the Environmental Law & Policy Center

By entering the U.S. Senate race, former Lieutenant Governor Patty Judge ensured that environmental issues would become salient for many Iowa Democrats trying to choose among the four candidates running against Senator Chuck Grassley.

During the past two weeks, Judge has sought to minimize the daylight between herself and State Senator Rob Hogg on the need to address water pollution. But Hogg, widely considered Judge’s leading rival for the nomination, has made environmental concerns a big part of his pitch to Democrats.

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Promises Made, Never Kept for Natural Resources

A response to the Iowa House Republican plan to pay for water quality programs, which Governor Terry Branstad has endorsed. -promoted by desmoinesdem

I’m a long-time reader of Bleeding Heartland and a very infrequent source of posts/commentary. I am also heavily involved with Citizens for a Healthy Iowa and was the Campaign Manager for the Iowa’s Water & Land Legacy constitutional amendment campaign in 2010. Issues like water quality, wildlife habitat and protecting our public lands are near and dear to me …

Through that work I came to know Mark Ackelson of Iowa Natural Heritage Foundation and Bob Riley, a local businessman and conservation advocate. They recently penned a piece for Citizens for a Healthy Iowa that I wanted to share with Bleeding Heartland readers.

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Throwback Thursday: When state lawmakers chose not to change "infamous crime" to "felony" in the Iowa Constitution

A 2008 amendment to the Iowa Constitution became a matter of debate in Griffin v Pate, the major voting rights case before the Iowa Supreme Court. The amendment changed Article II, Section 5, which as adopted in 1857 read, “No idiot, or insane person, or person convicted of any infamous crime, shall be entitled to the privilege of an elector.” The same section now reads, “A person adjudged mentally incompetent to vote or a person convicted of any infamous crime shall not be entitled to the privilege of an elector.”

Two of the seven Supreme Court justices have previously held that when approving the 2008 constitutional amendment, the legislature “ratified its own existing interpretation of that provision under which infamous crime meant a felony.” In its brief for the Iowa Supreme Court on behalf of defendants in Griffin, the Iowa Attorney General’s Office carried forward that claim: “By failing to alter the Infamous Crime Clause when other portions of Article II, section 5 were amended, the Legislature and the public ratified the definition of infamous crime as all felonies under state and federal law.” During the March 30 Supreme Court hearing on Griffin v. Pate, Solicitor General Jeffrey Thompson likewise argued “the simple answer here” is the 2008 constitutional amendment was “passed twice by the General Assembly, adopted by the people of Iowa, in the context of a legal system and historical cases and practices that said felonies are the line.”

My curiosity piqued, I decided to look into the legislative intent behind the 2008 constitutional amendment. What I found does not support the view that Iowa lawmakers envisioned “infamous crime” as synonymous with “felony” or intended to ratify such an interpretation when voting to remove offensive language from the state constitution.

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Weekend open thread: Threats to public health edition

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

On April 1, three months later than originally planned, Iowa officially switched to a managed-care model for the Medicaid program. Erin Murphy explained here how privatization will affect almost all of our state’s roughly 560,000 Medicaid recipients.

Many Iowans on Medicaid are learning that their current health care providers are now out of network, a particular concern for those who have special medical needs. The Mayo Clinic in Rochester, Minnesota has not signed contracts with any of the three insurance companies selected to be managed-care providers in Iowa. KCRG’s Katie Wiedemannn reported on March 31 about a 9-year-old cancer patient whose scheduled treatment at Mayo has been delayed because of the new policy. I am aware of other families whose children on Medicaid have relied on out-of-state medical specialists to treat their children’s rare genetic or chronic conditions.

Iowa House Republican leaders have refused to act on an extensive Medicaid oversight bill that cleared the Senate with bipartisan support. However, they promise to unveil their own Medicaid oversight proposal soon. Senate Democrats will seek to add many oversight provisions to the human services budget, which is often one of the last bills to be resolved before lawmakers adjourn for the year.

One major red flag: Iowa hired only “two ombudsmen to investigate and work as advocates for the 560,000 poor or disabled people” on Medicaid. As Jason Clayworth reported for the Des Moines Register in January, a working group that studied the issue recommended hiring 134 more ombudsmen at a possible cost of $17 million annually.

Rhonda Shouse has been among the most vocal opponents of Medicaid privatization. She shared with Bleeding Heartland some resources for recipients who run into problems with their new managed-care providers. I enclose those below.

Some good public health news: state lawmakers recently approved a bill that would allow “First responders, emergency medical service providers, police, firefighters and licensed health care professionals” to maintain a supply of the drug Naloxone (also known as Narcan). The medication can prevent death after an overdose of heroin or prescription opioid pain-killers, both of which have become more prevalent in Iowa, as in many other states. Senate File 2218 passed the upper chamber the Senate unanimously and cleared the House by 93 votes to 2 (the dissenters were Republicans Stan Gustafson and Mike Sexton). Several groups representing law enforcement or medical professionals lobbied for this bill. At this writing, Governor Terry Branstad has not yet signed it.

UPDATE: Branstad signed the bill about the overdose drug on April 6.

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Iowa to require inventory of untested rape kits

Yesterday Governor Terry Branstad signed a bill requiring a statewide inventory of untested rape kits. The Iowa Attorney General’s Office pushed for House File 2420, which passed the Iowa House and Senate unanimously with the support of various groups representing law enforcement, crime victims, and attorneys.

I enclose below background on the provisions, benefits and limitations of the bill State Public Defender Adam Gregg described as a “significant step toward justice in Iowa.”

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Democrats settle for quarter of a loaf on tax deal, crumbs on school funding

The more things change, the more they stay the same.

Leaders in the Democratic-controlled Iowa Senate agreed early in the 2015 legislative session to pass two major tax bills backed by top Iowa House Republicans. The moves left Democrats no leverage to obtain concessions from Republicans on state spending for vital services, especially education. After months of negotiations, the final deal struck after Memorial Day gave House Republicans what they wanted on global budget targets and acceded to their demand for “allowable growth” of only 1.25 percent for K-12 education budgets.

As a gesture toward compromise, Republicans agreed last year to a supplemental spending bill, which included one-time funding for K-12 school districts, community colleges, and state universities. But once lawmakers had adjourned, Governor Terry Branstad item-vetoed some $56 million for education from that bill. The governor pleaded fiscal responsibility in his veto message, though such concerns hadn’t stopped him from signing $99 million in tax cuts into law months earlier.

I had high hopes for a better outcome this year when I saw Senate Democrats balk at passing a $97.6 million “tax coupling” bill much like the one that sailed through the upper chamber in 2015.

But during the past two weeks, Democrats approved harmonizing the state and federal tax codes as part of compromise legislation that was not linked to education spending. Then they agreed to school funding levels very close to the House Republicans’ initial offer for fiscal year 2017, which begins on July 1 and runs through next June. Lower projected state revenues forced Democrats to accept insufficient allowable growth for K-12 school budgets, lawmakers told disappointed students and educators. As usual, budget constraints never seem to be a reason for the Iowa legislature to say no to constituencies seeking expensive tax breaks.

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Holding the Iowa Senate

Hope some Democrats will step up to run in these districts, especially against first-term Republican Dennis Guth in Senate district 4. He didn’t win by a huge margin in 2012. If Donald Trump at the top of the ticket causes a meltdown, Democrats could win some unexpected Iowa House and Senate races–but only where a candidate is on the ballot. -promoted by desmoinesdem

The general election is coming up in November. But before we get carried away with the 2016 presidential race, we need to examine our state politics. On March 18, a press release by Iowa Secretary of State Paul Pates noted that 7 of the 25 Iowa Senate races in the June primary have no Democratic candidate. Among these races is Iowa Senate District 4, made up of Emmet, Hancock, Kossuth, Winnebago, and Wright counties.

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Turtle Protection Bill passes and is signed by the governor

When a bill passes by an overwhelming bipartisan vote, like the turtle harvesting bill did in both the Iowa House and Senate, one might assume it was easy to persuade lawmakers and the governor to act. Not necessarily. Thanks to Mike Delaney for an in-depth look at how one good idea became state law. Delaney is a founder of the non-profit Raccoon River Watershed Association. Turtle graphic produced by the non-profit Iowa Rivers Revival. -promoted by desmoinesdem

Over the years I have noticed a decline in the number of Soft-shelled turtles on my sandbars along the Raccoon River in Dallas County. When I first bought my farm in 1988 12” and 14” Soft-shells would regularly slide into the river off the sand where they were warming their cold-blooded bodies. A few seconds later you could see their noses and foreheads pop up to look around. When my son and daughter were little I showed them (as my older brothers had shown me as a child) how to walk along the shore at night, focus a flashlight at the water’s edge and spot the heads of baby Softshells sticking out of the sand. However, we have not seen these little guys for many years.

I asked around about what happened to the turtles. County conservation folks told me that the commercial turtle trappers were selling them to China. I asked some “environmentally concerned” friends. One said that the DNR was worried about Iowa’s turtles and had proposed rules to limit turtle “harvest” during egg laying season and limits on the numbers that could be taken. Iowa had no rules preventing over-harvest of turtles. I was told that the rules were being held up in the governor’s office.

I decided to act on the matter.

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Democrats will keep pushing Medicaid oversight despite bill's demise in Iowa House

Two bills to address the impending privatization of Medicaid died in the Iowa House this week. Effective April 1, some 560,000 Iowans on Medicaid will have their health care services managed by one of three private insurance companies. Last month, three Republicans joined Iowa Senate Democrats to pass approved Senate File 2125, which would terminate the state’s contracts with the managed care companies. Last week, six GOP senators voted with their Democratic colleagues for Senate File 2213, which would strengthen oversight of Medicaid by the Iowa Department of Human Services and the state legislature.

To stay alive after the Iowa legislature’s second “funnel” deadline today, non-appropriations bills must have been passed by one chamber and by a committee in the other chamber. However, the bill to end privatization and the oversight bill both died in House Human Resources subcommittees. To my knowledge, the only bill related to Medicaid privatization that remains alive is Senate File 2260, which would prohibit the Iowa DHS from releasing to managed care organizations certain information about board members of non-profits that provide Medicaid services in Iowa.

Speaking to journalists yesterday, Iowa Senate President Pam Jochum described the House failure to act on the oversight and termination bills as a “disappointment” but added, “I can assure you the fight over Medicaid is not done. You will see the human services budget bill contain many of the measures that we believe are needed to protect Iowa’s most vulnerable citizens.” Click here for a detailed summary of the oversight bill’s provisions. Maridith Morris described here how privatization will affect services available for her nephew on Medicaid.

House Speaker Linda Upmeyer told statehouse reporter Erin Murphy that Senate Democrats spent too long “working on killing the Medicaid modernization plan,” while passing the oversight bill too close to the funnel deadline: “That’s an 80-page bill that arrived very late last week. So we will look at oversight. We will work on oversight. But that bill just could not be managed in the time frame we were given. So we’ll look at opportunities.”

For the last five years of divided control at the statehouse, the human services budget has been one of the last bills to be resolved before lawmakers adjourn. Count on history to repeat itself this spring, because negotiations could drag on for months over Medicaid oversight and the near-certain Republican effort to eliminate Planned Parenthood funding for contraception services. A Bleeding Heartland post in progress will cover the family planning funding debate, as well as the fate of abortion-related legislation in the Iowa House and Senate this year.

Iowa Senate approves transgender protections in hate crimes law

The Iowa Senate voted today to add protections for transgender people to Iowa’s hate crimes law. Currently, hate crimes are defined as offenses “committed against a person or a person’s property because of the person’s race, color, religion, ancestry, national origin, political affiliation, sex, sexual orientation, age, or disability, or the person’s association with a person of a certain race, color, religion, ancestry, national origin, political affiliation, gender identity, gender expression, sex, sexual orientation, age, or disability.” Senate File 2284 would add the words “gender identity” and “gender expression” to that list. The full bill text is after the jump.

Democratic State Senator Matt McCoy has championed this bill and addressed his colleagues yesterday about last week’s horrific murder of Kedarie Johnson, a 16-year-old high school student in Burlington who was transitioning from female to male. I enclose the video of that speech below.

During today’s floor debate, Republican State Senator Mark Chelgren, who is also running for Congress in Iowa’s second district, offered an amendment that would have removed all individual classes from the state code on hate crimes. McCoy countered that such an amendment would “destroy the point of a hate crimes statute.” Senators rejected Chelgren’s amendment by 30 votes to 18, with Republicans Bill Dix, Mike Breitbach, Charles Schneider, and Jack Whitver joining all 26 Democrats to vote no. Chelgren then withdrew another amendment he had proposed, which would have added “military veteran or military personnel status” to the list of protected classes.

Republican Senator Jake Chapman offered an amendment to add “unborn status” to the hate crimes bill, but as he was speaking in its favor (and graphically describing abortion procedures), Democratic Senator Tony Bisignano questioned whether the remarks were relevant. McCoy then formally objected that the amendment was not germane, and Senate President Pam Jochum ruled the objection “well-taken” and Chapman’s amendment out of order.

Schneider was the only Republican to join all 26 Democrats in approving the bill on final passage. Republicans Rick Bertrand and Brad Zaun were absent, and the 21 other GOP senators voted no. Schneider represents my own district in the western suburbs of Des Moines, and I’m proud to see him continue a tradition of Republicans from this area supporting protections for LGBT Iowans. The same was true when the Iowa House and Senate added sexual orientation and gender identity to the state’s Civil Rights Code in 2007, and when lawmakers approved an anti-bullying bill the same year.

I don’t expect Iowa House Republican leaders to bring up Senate File 2284 this year, but I hope to be proven wrong.

UPDATE: The video from today’s debate is up on the Iowa legislature’s website. Chapman went on for several minutes, starting around the 1:38 mark. Jochum repeatedly asked him to confine his remarks to why “unborn status” should be included in the hate crimes statute, but Chapman kept talking about abortion procedures.

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Medicaid oversight bill passes Iowa Senate with bipartisan support

Since Terry Branstad returned to the governor’s office, the overwhelming majority of Iowa Senate votes on contentious political issues have fallen along strict party lines: 26 Democrats one way and 24 Republicans the opposite. However, the Branstad administration’s rush to privatize Medicaid has created space for bipartisanship, as a growing number of Republicans acknowledge the dangers of shifting to managed care for a program through which one in six Iowans access health services.

Last month, three GOP senators joined their Democratic colleagues to vote for a bill that would have halted Iowa’s Medicaid privatization. That legislation is going nowhere in the Republican-controlled state House, and federal officials recently approved waivers to allow the Iowa Department of Human Services to implement the managed care policy as of April 1.

Yesterday a quarter of the GOP state senators voted with all 26 Democrats for a Medicaid oversight bill that had cleared the Senate Human Resources Committee unanimously. In her remarks to open floor debate on Senate File 2213, Human Resources Committee Chair Amanda Ragan said the bill was designed “to safeguard the interests of Medicaid members, encourage the participation of Medicaid providers, and protect Iowa taxpayers.” She told colleagues, “we must require DHS and the managed care companies to protect consumers, preserve provider networks, address the unique needs of children and assure accountability.”

I enclose below highlights from the debate on SF 2213, the roll call on final passage, and Ragan’s full remarks, along with a Democratic staff analysis summarizing the bill’s key points.

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Feds approve Iowa's Medicaid privatization, effective April 1

Iowa’s Medicaid program will shift to managed care for some 560,000 recipients on April 1, in accordance with waivers granted by the federal Centers for Medicare and Medicaid Services. CMS had previously denied the request from Governor Terry Branstad’s administration to privatize Medicaid by January 1, citing numerous signs that the state was not ready. In a letter the Branstad administration released today, Vikki Wachino of CMS noted “significant improvement” in several areas: the provider networks of three insurance companies picked to manage care for Medicaid recipients; plans for reimbursing out-of-network providers for services; better communication between state officials and Medicaid providers and recipients; and training of case managers to assist Medicaid beneficiaries during the transition.

I enclose below reaction to today’s news from the governor, key state lawmakers, and other stakeholders, as well as the full five-page letter from CMS to Mikki Stier, director for Medicaid in the Iowa Department of Human Services. Federal officials set several conditions on their approval of Iowa’s plans, such as monitoring the actions of the three managed-care organizations, making sure call centers are running their helplines competently, and preserving some “continuity of care” for Medicaid recipients.

Although the delay until April 1 will allow more time to prepare for the transition, the policy’s likely impact remains the same: more money for insurance company overhead and profit and less for health care services; a deterioration in care for disabled people, as seen in Kansas and other states; and less access to health care providers (a key issue for the three Iowa Senate Republicans who recently voted with Democrats to terminate Medicaid privatization).

Senate Democrats continue to push for “tough, bipartisan oversight and accountability protections.” Chelsea Keenan reported for the Cedar Rapids Gazette that the Senate Human Resources Committee will consider that bill (Senate File 2213) on February 24. I don’t expect that legislation to go anywhere. All I’ve heard from Iowa House Republicans is happy talk, backed up by no evidence, that privatizing Medicaid will save the state money and improve patient care.

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Three Republicans join Iowa Senate Democrats in vote to terminate Medicaid privatization

This morning the Iowa Senate passed Senate File 2125, which would terminate contracts the state has signed with insurance companies picked to manage care for Iowans on Medicaid. Governor Terry Branstad announced his administration’s “modernization” plans early last year and selected four managed care providers in August, with a view to fully privatizing Medicaid by January 1, 2016. The state later terminated a contract with one of those four companies, and the federal government refused to grant the necessary waivers, saying Iowa would not be ready to shift to managed care until March 1 at the earliest.

Iowa Senate leaders made clear on day one of this year’s legislative session that Medicaid privatization would be a pressing concern. Senate President Pam Jochum has been sounding the alarm since last year, worried about how privatization would affect her developmentally disabled adult daughter and other Iowans with special needs. Jochum gave the opening and closing remarks in support of Senate File 2125 today. She repeatedly warned that the Branstad administration has tried to do too much, too fast, without input from state lawmakers or other stakeholders with expertise in the area. Fellow Democrats Chris Brase, Liz Mathis, Mary Jo Wilhelm, Rich Taylor, and Amanda Ragan echoed many of those concerns in their speeches.

During the floor debate, Republican State Senator David Johnson explained why he would vote for the bill. He read e-mails from numerous constituents expressing concern about access to health services for their loved ones on Medicaid. He pointed out that Minnesota took 20 years to transition to managed care, while Iowa is trying to implement the same changes over just one year. “It’s moving too fast. That’s the issue here. We need to put a dagger in this.”

Last week Johnson became the first GOP lawmaker to come out in favor of terminating the privatization program; I enclose below excerpts from Jason Clayworth’s report for the Des Moines Register. Johnson’s fears about “children at risk of losing services” stem from the failure of the managed care companies to sign contracts with thousands of providers who have been treating Iowans on Medicaid, including children on HAWK-I (Iowa’s version of the State Children’s Health Insurance Program). Scroll to the end of this post for more details on that access problem, based on data from the Iowa Department of Human Services.

Republicans who spoke against the bill today included Senators Jason Schultz and Mark Chelgren. Schultz claimed Democrats took “ownership” of managed care by putting assumptions about Medicaid savings into the health and human services budget for the current fiscal year. During her concluding remarks, Jochum pushed back hard against the idea that a vote for last year’s health and human services budget was a vote for managed care. Rarely do I ever agree with Schultz, but I think Senate Democrats walked into a trap there. The Branstad administration’s estimates on reduced Medicaid costs after privatization were never grounded in reality, but Democrats accepted those assumptions in the budget they passed–not because they supported the Branstad effort, but likely because doing so gave them an extra $51 million to spend on other health-related priorities.

Chelgren argued that lawmakers should keep their word after voting for a budget that assumed Medicaid would shift to managed care. He likened the situation to Congressional Republicans voting to repeal the 2010 Affordable Care Act without having a plan ready to replace “Obamacare.” The analogy fails because terminating Medicaid privatization that hasn’t been fully implemented would not be like repealing Obamacare after several years of operation. The status quo is an available and less disruptive alternative to serving the 560,000 Iowans on Medicaid. Chelgren claimed that halting Medicaid privatization and starting the process over would “betray” those who signed up as providers under the new system. That argument made no sense; public comments from Iowans on Medicaid and health care stakeholders have overwhelmingly opposed the Branstad policy.

During her concluding remarks, Jochum refuted claims that 39 other states have put Medicaid in managed care. In reality, only four states have fully privatized the system, as the governor is doing.

Shortly after the floor debate, senators voted 29 to 19 to approve SF 2125. Republicans Jake Chapman and Tom Shipley joined Johnson and all 26 Senate Democrats. Notably, those three Republicans all represent strongly GOP districts, not marginal seats.

The bill now goes to the Iowa House, where Speaker Linda Upmeyer has indicated she does not plan to bring the measure up for debate. For a nurse practitioner by training, Upmeyer is remarkably insensitive to ordinary people’s health care needs–not only those on Medicaid, but also chronically ill Iowans who could benefit from medical cannabis. A post in progress will catch up on the state of play for medical marijuana in the Iowa legislature.

UPDATE: Added more links and comments on the Medicaid debate below. According to Erin Murphy, Upmeyer confirmed today that the House will not take up SF 2125, because the governor would certainly veto it. Given how unpopular Medicaid privatization is, the public would likely support a legislative override of that veto. But at least five more Republican senators would have to change their stands to override a veto in the upper chamber. In the House, at least 24 GOP state representatives would need to support an override, assuming all 43 House Democrats voted in favor.

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Iowa Senate district 16: Nate Boulton raised more money in four months than Dick Dearden did in seven years

When Nate Boulton announced his Iowa Senate campaign in September, he subtly indicated he would be a different kind of legislator than State Senator Dick Dearden, the longtime Democratic incumbent who is retiring this year. Boulton promised to “be an active and engaged representative of district interests” and to “bring bold progressive ideas and a fresh, energetic style of leadership to the Iowa Senate.”

Just a few months into his primary race against Pam Dearden Conner, the retiring senator’s daughter, Boulton sent a strong signal that he will be a more “active and engaged” candidate as well. Campaign finance disclosure forms show that Boulton raised $75,383 during the last four months of the year, a phenomenal total for a non-incumbent, first-time state legislative candidate in Iowa. Not only did Boulton out-raise his primary rival, he raised more than Dearden (a 22-year incumbent) has brought in cumulatively since 2008.

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Weekend open thread: Post Iowa caucus plans edition

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

Many politically active Iowans have been decompressing from the build up to the Iowa caucuses and their aftermath. A few posts on the presidential race are still in my head, waiting to be written soon, and I am not done advocating for reforms to make the caucuses more inclusive and representative. But whereas fellow blogger Pat Rynard will continue to focus substantial energy on national politics in the coming months, I am eager to bring this site back to the state-level news I am most passionate about covering. So much has happened that I didn’t manage to write during the last couple of months, and new stories are breaking all the time. My writing plans include:

• Iowa campaigns and elections. Thanks to our non-partisan redistricting process, our state is blessed with an unusual number of potentially competitive state legislative districts. Many more close looks at Iowa House and Iowa Senate races are in the works, as well as posts about the Congressional races.

• Legislative and state government news. GOP State Senator David Johnson has just become the first statehouse Republican on record for lawmakers reversing the Branstad administration’s Medicaid privatization. (Johnson knows the policy put “children at risk of losing services” because so few providers have signed contracts with the private insurance companies picked to manage Medicaid.) Criminal justice reform, education funding, and water quality programs are other areas I’ll be following as the legislature continues its work.

• Iowa Congressional voting. Unfortunately, very few votes in the U.S. House or Senate receive any attention in the mainstream media. As I’ve said before, if a member of Congress didn’t brag about it in a press release, conference call, or social media post, Iowans are not likely ever to learn that it happened. Catching up on important votes by our four U.S. representatives and two senators is on my to-do list.

• Significant Iowa court rulings. A post in progress will highly key points from a federal court ruling David Pitt covered for the Associated Press, which determined “Iowa State University administrators violated the constitutional free speech rights of student members of a pro-marijuana group by barring them from using the university logos on T-shirts.”

• Throwback Thursday. These looks back at Iowa political history have been so much fun, I wish I’d started writing them years ago. Several more are in the works, including one relating to a 2010 law on access to firearms by people subject to protective orders. Ryan Foley reported yesterday for the Associated Press, “More than a dozen states have strengthened laws over the past two years to keep firearms out of the hands of domestic abusers, a rare area of consensus in the nation’s highly polarized debate over guns.” Iowa lawmakers adopted and Governor Chet Culver signed our state’s version of this legislation in 2010–but getting it through the state House and Senate took some heavy lifting.

• Iowa political journalism. Media issues are close to my heart, having been one of my main beats as during my decade as an analyst of Russian politics. How the Iowa media are covering (or not covering) important political news will continue to be an occasional focus at Bleeding Heartland. Some posts will be short, others long.

As always, guest pieces about any subject related to Iowa politics are welcome here. There is no need to clear ideas or content with me ahead of time. Anyone can register for an account, and I approve all non-spam, substantive posts. Bleeding Heartland has no minimum or maximum word length or restrictions on format. Looking through the posts by all guest authors in 2015, you will find a wide variety of topics and writing styles.

I also appreciate tips and story ideas. Readers can contact me at the e-mail address near the lower right corner of this page or through Twitter.

How Iowa political leaders could honor the legacy of Rev. Dr. Martin Luther King, Jr.

When Congress finally passed a bill establishing a federal holiday named after the Rev. Dr. Martin Luther King, Jr. in 1983, national public opinion was split down the middle on whether the civil rights leader should be honored in this way. The holiday is no longer controversial, and members of Congress who voted against it, such as Senator Chuck Grassley, are quick to explain that they admire King’s work. Bleeding Heartland has compiled links related to Dr. King’s legacy and the long slog to establish this national holiday here, here, here, here, here.

I’ve been predicting for months that this year’s legislative session would mostly be a giant waste of many people’s time. I hope Iowa lawmakers and Governor Terry Branstad will prove me wrong by enacting not only the criminal justice reforms Branstad advocated in his Condition of the State speech last week, but also legislation to reduce mandatory minimum sentences, and improve police identification and interrogation procedures as well as police use of body cameras. The NAACP is pushing for a bill to ban racial profiling by law enforcement, which should not be controversial but probably will be a very heavy lift at the Capitol.

Branstad could act unilaterally to reduce one of Iowa’s massive racial disparities by revoking his 2011 executive order that has disenfranchised thousands of people, disproportionately racial minorities. (The procedure the governor established for regaining voting rights is “just about impossible” for felons to navigate.)

Any relevant comments are welcome in this thread. All three Democratic presidential candidates mentioned Dr. King during their opening statements during last night’s debate in South Carolina, and I’ve enclosed the videos and transcript below. I also included the part of the transcript containing Hillary Clinton’s and Bernie Sanders’ remarks on criminal justice reform.

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Weekend open thread: "Making a Murderer" edition

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

The more I hear about “Making a Murderer,” the more tempted I am to become a Netflix subscriber so I can watch the ten-part documentary myself. The series follows the case of Steven Avery, released from prison after 18 years when DNA evidence showed he was innocent of the rape for which he had been convicted. A few years later, Avery and his teenage nephew Brendan Dassey were charged and convicted of murdering Teresa Halbach. The documentary suggests that Avery and Dassey, who are both serving life sentences, did not kill Halbach and did not receive fair trials.

Lee Rood has a front-page feature in today’s Des Moines Register about how problems highlighted in “Making a Murderer” point to the need for criminal justice reforms in Iowa, such as “uniform best practices for eyewitnesses and the mandatory recording of law enforcement interrogations.” I’ve enclosed excerpts after the jump, but I strongly recommend clicking through to read her whole story.

Avery’s wrongful conviction for rape rested primarily on eyewitness testimony. The latest edition of the New Yorker contains an excellent piece by Paul Kix on how a similar “travesty led to criminal-justice innovation in Texas.” Passages enclosed below cite Iowa State University Psychology Professor Gary Wells, who “has spent decades researching ways in which police lineups can be made more accurate.” Wells testified at a hearing seeking to exonerate a man who had died in prison, serving time for a rape he did not commit. Some of Wells’ recommendations for improving police identification practices were incorporated into a Texas law.

Those measures are different from the reforms an Iowa working group proposed and Governor Terry Branstad endorsed in his speech to state lawmakers this week. But with statehouse Republicans and Democrats deeply divided over education spending, Medicaid privatization, and Planned Parenthood funding, criminal justice reform may provide a rare opportunity for bipartisan cooperation this year. I hope members of the Iowa House and Senate who applauded Branstad’s call to reduce racial disparities will also consider some of the steps Texas has taken to prevent wrongful convictions.

Speaking recently to the Marshall Project, the rape survivor whose mistaken eyewitness testimony sent Avery to prison during the 1980s recounted how seeing a picture of her real attacker doesn’t stir up any emotion for her. In contrast, she says, “I still see Steven Avery as my assailant even though I understand he wasn’t.” I have read other accounts of traumatic memories being altered so that misremembered details evoke panic and terror. The way trauma affects the mind and body and the malleability of traumatic memories are major themes in Dr. Peter Levine’s latest book Trauma and Memory. I hadn’t heard of the book until I received a copy from a friend who found Levine’s approach to healing trauma life-changing.

A videotaped confession by Avery’s “low-functioning” nephew became a key part of the prosecution’s case in the trial that is the focus of “Making a Murderer.” Des Moines defense attorney Gary Dickey told Rood, “Set aside Avery’s innocence or guilt, the most striking thing of the whole series is the clearly coerced confession of Brendan Dassey.” It is surprisingly easy to manipulate a person to admit doing things that never happened, as shown by the New York Police Department’s ability to obtain false confessions from five teenagers accused of assaulting the “Central Park jogger” during the 1980s. Discussing that notorious crime, Saul Kassin, Psychology Professor at the John Jay College of Criminal Justice and Williams College, pointed out that “in some cases people accused of crimes, particularly kids and others who are limited intellectually, become so confused by the lies that they actually come to believe they have committed this crime they did not commit.”

A chapter in Trauma and Memory focuses on “the pitfall of false memory,” such as when therapists (either unscrupulous or well-meaning) induce patients to believe wrongly that they suffered ritual or sexual abuse as children. At the end of this post, I enclose a passage from Levine’s book addressing “malevolent police interrogation methods” used to implant inaccurate memories and thereby obtain false confessions or wrongful convictions.

Among other things, the final installment of “Making a Murderer” covers a post-script to the Avery case: the downfall of District Attorney Ken Kratz, who prosecuted Avery and Dassey. Ryan Foley, an Associated Press correspondent in Iowa, was working for the AP in Wisconsin when he reported that Kratz “sent repeated text messages trying to spark an affair with a domestic abuse victim while he was prosecuting her ex-boyfriend.” Kratz lost his job over that despicable abuse of power, which he later blamed on mental health conditions and prescription drug dependence. All journalism students should listen to Foley’s interview with Kratz before the story appeared, a fascinating example of a newsmaker trying to intimidate a reporter. In quite a show of interrogation techniques, the DA warned that a “hatchet story” on his inappropriate behavior would reveal the journalist to be a “tool” for someone else’s political agenda. Kratz modulated his voice frequently–lecturing, mocking, shouting, even whispering–hoping to throw Foley off balance and trick him into revealing his sources.

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Criminal justice reform is major theme of Branstad's Condition of the State address

Governor Terry Branstad delivered his annual Condition of the State address to members of the Iowa House and Senate and the Iowa Supreme Court justices yesterday. If you missed the speech, the full prepared text is here. Iowa Public Television posted the video and transcript here. The early part of the 30-minute address included one false or misleading assertion after another.

· “Sound budgeting practices and fiscal discipline now have us ranked as the 3rd best managed state in the nation.” Contrary to the idea that Branstad markedly improved Iowa’s operation, a major investors group also ranked Iowa the third best-managed state in 2010 under Governor Chet Culver, recognizing Iowa’s good fiscal position, high credit ratings from leading agencies, and low debt per capita compared to most other states.

· “The Iowa Economy has created 214,000 new jobs; surpassing our 2010 goal.” Sorry, no. That’s a fake statistic no economist would accept. It’s a shame the governor has instructed Iowa Workforce Development to keep cooking the books on employment.

· “If the state fails to implement managed care, the growth of Medicaid spending will consume virtually all of our revenue growth.” The Branstad administration has not been able to demonstrate that managed care will save the state money. Florida’s Medicaid privatization turned out to be more costly without improving patient care.

I was also disappointed not to hear more specifics about how Branstad envisions spending funds he would like to divert from school infrastructure to water programs. What kind of water quality programs would be prioritized, and who would administer them? Then again, details about this plan may be irrelevant, because Iowa House and Senate leaders don’t sound open to the idea.

For now, I want to focus on a much more promising part of Branstad’s address. To my surprise, the governor devoted a major section–roughly eight minutes of speaking time–to advocating for criminal justice reforms proposed by a working group he appointed in August. The group was charged with developing ideas to increase fairness and reduce racial disparities in Iowa’s criminal justice system. Click here to read the full recommendations released in November. Bleeding Heartland will discuss some of the proposals in more detail in future posts. Advocates for defendants’ rights and racial justice have generally welcomed the proposals.

Although some policies do not go far enough, and other important reforms are missing from the document, I’m encouraged to see the governor apply some political capital toward reducing systemic racism and inequities in the justice system. I enclose below the relevant portion of Branstad’s speech, with some annotations.

UPDATE: I can’t believe I forgot to mention one thing Branstad could do immediately to address a massive racial disparity in Iowa. His executive order making it extremely difficult for felons to regain their voting rights disenfranchises Iowans of all ethnic backgrounds but disproportionately affects racial minorities.

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Who's who in the Iowa Senate for 2016

The Iowa legislature’s 2016 session began on Monday. For the sixth year in a row, the 50 state senators include 26 Democrats and 24 Republicans. Just seven senators are women (six Democrats and a Republican), down from a high of ten women serving in the chamber during 2013 and 2014. All current senators are white. To my knowledge, the only African-American ever to serve in the Iowa Senate was Tom Mann, elected to two terms during the 1980s. No Latino has ever served in the Iowa House or Senate; Nathan Blake fell 18 votes short of becoming the first in 2014. No Asian-American has served in the state Senate since Swati Dandekar resigned in 2011.

I enclose below details on the Iowa Senate majority and minority leadership teams, along with all chairs, vice chairs, and members of standing Senate committees. Little has changed since last year, in contrast to the Iowa House, which saw some big changes in the majority Republican caucus since the legislature adjourned in June.

Term limits are a terrible idea generally but would be especially awful if applied to the Iowa Senate, as the longest-serving current senator bizarrely advocated last year. The experience gap between Democrats and Republicans is striking. As detailed below, only four of the 24 Senate Republicans have ten or more years of experience in the Iowa legislature, compared to seventeen of the 26 Democrats. No current Iowa Senate Republican has more than 20 years legislative experience, whereas six Democrats do.

Some non-political trivia: the 50 Iowa Senate members include three Marks, three Bills, three Richards (who go by Rich, Rick, and Dick), two Mikes, two Toms, two Joes, and two men named Charles (one goes by Chaz).

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How the Governor Could Invest in Water without Raiding Other Priorities or Raising Taxes

Governor Branstad deserves credit for his proposal to provide significant resources to address water quality in Iowa. The proposal is an acknowledgment that water pollution is a serious, immediate problem that will take a major investment of resources to solve. It’s an acknowledgment that the drinking water in communities from Boone to Des Moines is at risk of being unsafe to drink because of high nitrate levels. It’s an acknowledgment that Iowans deserve better than a record number of public beach warnings caused by toxic algae and nutrient pollution. It’s an acknowledgment that while the voluntary Nutrient Reduction Strategy may provide a framework for solving our water quality problems, without the resources and urgency to implement it, the voluntary Nutrient Reduction Strategy won’t get us there.

Proposing a significant investment in water quality acknowledges the seriousness of our water quality problem and opens the door for serious discussions about how to find the resources to solve the problem. The Governor demonstrated leadership in starting the conversation, and it will take continued leadership to be open to input to improve the proposal and get buy in from legislators and the diverse constituencies that care about solving our water quality problem.

The leadership of an open mind is critical, because Governor Branstad’s proposal is not without its flaws.

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16 Iowa politics predictions for 2016

Hoping to improve on my percentages from last year, I offer sixteen Iowa politics predictions for 2016. Please spin your own scenarios in this thread.

I finally gave up on trying to predict whether Governor Terry Branstad will still be in office at the end of the year. Although his close adviser David Roederer “emphatically” says Branstad will serve out his sixth term, I am convinced the governor will resign early. But I can’t decide whether that will happen shortly after the November 2016 election or shortly after the Iowa legislature’s 2017 session.

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Des Moines Water Works ran nitrate removal system for nearly half of 2015

graph of nitrates in the Des Moines River exceeding safe levels, taken by Steven Witmer using data from the U.S. Geological Survey

The Des Moines Water Works announced yesterday that it spent some $1.5 million during 2015 to operate its nitrate removal system “for a record 177 days, eclipsing the previous record of 106 days set in 1999.” The utility provides drinking water to about 500,000 residents of central Iowa, roughly one-sixth of the state’s population. The U.S. Environmental Protection Agency considers 10 mg/l the maximum safe level for nitrates in drinking water. The Des Moines Water Works switches the nitrate removal system on when nitrates exceed 9 mg/l in both of its sources, the Raccoon River and the Des Moines River. I enclose below the full press release from the Water Works, as well as charts from the U.S. Geological Survey’s website showing recent nitrate levels in the Raccoon and Des Moines rivers.

Runoff from agricultural land is the primary source of nitrates in Iowa waterways. As David Osterberg wrote yesterday, “so little land in Iowa is devoted to urban uses (lawns or golf courses) that even if urban application rates of Nitrogen and Phosphorous fertilizer were much higher than that on farms, only 2 percent of the pollution from land application of fertilizer comes from lawns and golf courses.” This “nutrient pollution” not only incurs extra costs for providing safe drinking water but also creates toxic algae blooms, which caused a record number of beach advisory warnings during the summer of 2015.

Last January, the Des Moines Water Works filed a lawsuit against drainage districts in northwest Iowa’s Sac, Calhoun and Buena Vista Counties. Drake University Law Professor Neil Hamilton wrote an excellent backgrounder on this unprecedented litigation: Sixteen Things to Know About the Des Moines Water Works Proposed Lawsuit. In a guest column for the Des Moines Register last May, Hamilton debunked the “strenuous effort” to convince Iowans that “the lawsuit is unfair and unhelpful.”

Governor Terry Branstad has depicted the lawsuit as a sign that “Des Moines has declared war on rural Iowa” and repeatedly criticized the Water Works last year. Iowa Secretary of Agriculture Bill Northey claims the water utility “has attempted to stand in the way of these collaborative efforts” to reduce nutrient pollution. A front group funded by the Iowa Farm Bureau and other agribusiness interests and led by Cedar Rapids Mayor Ron Corbett, among others, has also tried to turn public opinion against the lawsuit. In recent weeks, that group with the Orwellian name of Iowa Partnership for Clean Water has been running television commercials seeking to demonize Water Works CEO Bill Stowe.

Northey, Corbett, and Lieutenant Governor Kim Reynolds may soon become bitter rivals for the 2018 GOP nomination for governor. But those three will stand together opposing any mandatory regulations to reduce agricultural runoff. All support Iowa’s voluntary nutrient reduction strategy, shaped substantially by Big Ag and lacking numeric criteria strongly recommended by the U.S. EPA.

William Petroski and Brianne Pfannenstiel report in today’s Des Moines Register that Branstad “is exploring a legislative proposal that would provide money for water quality projects by using projected revenue growth from an existing statewide sales tax for schools.” Apparently “superintendents have been getting called to the state Capitol to discuss the proposal” with Branstad and Reynolds. Fortunately, that cynical attempt to pit clean water against school funding appears to have zero chance of becoming law. Of the ten state lawmakers or representatives of education or environmental advocacy groups quoted by Petroski and Pfannenstiel, none endorsed the half-baked idea. Their reactions ranged from noncommittal to negative. Speaking to Rod Boshart of the Cedar Rapids Gazette, Iowa Senate Majority Leader Mike Gronstal said of a possible Branstad proposal on water quality funding, “We certainly would be willing to look at that but we’re not going to cannibalize education or the basic social safety net so that he can put a fig leaf on his record on the environment.”

UPDATE: Erin Murphy reported more details about Branstad’s proposal: extend the 1 percent sales tax for school infrastructure, dedicate the first $10 million in annual growth to schools and allocate the rest to water programs.

SECOND UPDATE: Added below excerpts from Murphy’s report for the Cedar Rapids Gazette on Branstad’s plan. I’m disappointed to see U.S. Secretary of Agriculture Tom Vilsack endorse this ill-conceived proposal. Of course we “need to work on [water quality] now,” but why does the money have to come out of school funds? Remember, the Branstad administration is already pushing a corporate tax break that will cost public school districts millions of dollars a year for infrastructure on top of tens of millions of dollars in lost state revenue.

THIRD UPDATE: Branstad told reporters today he does not believe there is support in the legislature to raise the sales tax. Under a constitutional amendment adopted in 2010, 3/8 of a cent of the next Iowa sales tax increase would flow into the natural resources trust fund. He also indicated that he would not support extending the penny sales tax for school infrastructure beyond 2029, when it is scheduled to expire, without lawmakers agreeing to divert some of the funding to water programs. According to incoming Iowa House Speaker Linda Upmeyer, “House Republicans have been divided on whether to extend the school infrastructure sales tax beyond 2029.”

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Weekend open thread: Gratitude and accountability edition

Happy new year, Bleeding Heartland readers! Here’s an open thread: all topics welcome.

I am grateful to everyone who contributed guest posts during 2015: Dave Swenson, Jon Muller, fladem, 2laneIA, ahawby, Julie Stauch, Susan Staed, Mike Owen, natewithglasses, sarased, frankly, Jane Kersch, aleand67, Matt Hauge, ModerateIADem, Leland Searles, Eileen Miller, Tracy Leone, Pari Kasotia, Roger Pedactor, Stacey Walker, Mike Draper, cocinero, AbramsMom, mrtyryn, desmoinesiowa15, moderatepachy, Joe Stutler, Zach Wahls, and State Representative Chuck Isenhart.

Guest authors can write about any political topic of state, local, or national importance. Pieces can be short or long, funny or serious. You do not need to contact me ahead of time with your story idea. Just register for a user account, log in, write a post, edit as needed, and hit publish when you are ready. The piece will be “pending” until I approve it for publication, to prevent spammers from using the site to sell their wares.

I also want to thank everyone who participates here by commenting on posts. If you’ve never done so, feel free to register for a user account and share your views. If you used to comment occasionally but have not done so since this blog relaunched on a different software platform in October, you will need to reset your password. E-mail me with any problems registering for an account, logging in, or changing a password; my address is near the lower right-hand corner of this page.

I wish everyone success in sticking to your new year’s resolutions. Keep in mind that new habits typically take a few months to establish. I’m still working on my list of Iowa politics predictions for 2016, but now seems like the right time to hold myself accountable for last year’s effort. Follow me after the jump to see how I did.

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The 15 Bleeding Heartland posts I worked hardest on in 2015

As I mentioned on Tuesday, writing is a labor of love for me. Some posts are much more labor-intensive than others.

All of the pieces linked below took at least a couple of days to put together. Some were in progress for weeks before I was ready to hit the publish button. (No editor, deadlines, or word limits can be a dangerous combination.) A few of the particularly time-consuming posts required additional research or interviews. More often, the challenge was figuring out the best way to present the material.

Several pieces that would have qualified for this list are not included, because they are still unfinished. Assuming I can get those posts where they need to be, I plan to publish them during the first quarter of 2016.

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Improving prospects for an early Iowa legislative deal on school funding?

The Iowa legislature’s 2016 session opens two weeks from today. Last year’s session extended more than a month past the scheduled date for adjournment, largely because House Republican leaders refused to compromise on education spending. Lawmakers finally approved a budget deal in early June, only to watch Governor Terry Branstad strike out the key concessions to Democrats on funding for K-12 schools, state universities, and community colleges.

Legislators from both parties sound determined not to let history repeat itself.

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Feds say Iowa not ready, must delay Medicaid privatization until March 1

For months, Governor Terry Branstad has dismissed warnings from patients, advocates, doctors, hospitals, editorial boards, and lawmakers that the state’s rush to privatize Medicaid would disrupt health care for some 560,000 Iowans. Today the governor finally got the message in a form he can’t ignore. Director Vikki Wachino of the federal government’s Centers for Medicare and Medicaid Services wrote to Iowa Medicaid Director Mikki Stier,

Based on our review last week of Iowa’s progress, as well as the information you have provided, CMS expects that we will ultimately be able to approve Iowa’s managed care waivers. However, we do not believe that Iowa is ready to make this transition Jan. 1. CMS previously outlined the requirements to provide high quality, accessible care to Medicaid beneficiaries, and Iowa has not yet met those requirements, meaning that a transition on January 1 would risk serious disruptions in care for Medicaid beneficiaries. While you have made progress in some areas of readiness, our review also identified significant gaps that need to be addressed before CMS can authorize your waiver requests. For that reason, CMS will work with you toward approval of your request effective March 1, 2016, provided that the state demonstrates progress toward readiness consistent with the actions in the attachment to this letter.

Click through to read the full four-page letter and four-page attachment from Wachino to Stier, which the Des Moines Register posted online. CMS officials found that “significant areas of the state did not have many provider types within a reasonable distance,” and that “Relying too heavily on out-of-network providers is likely to create confusion among beneficiaries and providers, result in access issues for beneficiaries, and disrupt continuity of care for beneficiaries.” Many of the points raised echo concerns three Democratic state senators expressed during meetings with CMS officials in Washington last month.

The CMS readiness review also showed that nearly half of Medicaid recipients who tried to call the state’s call centers earlier this month could not get through. Many Iowans who did reach a staffer on the phone were not able to find out whether any of their current doctors had signed contracts with the four managed care providers approved to run Medicaid. The CMS findings are consistent with what I’ve been hearing from acquaintances: the enrollment packets sent to Medicaid recipients did not include basic details they would need to make an informed choice of managed care provider (such as where their family’s current doctors will be in-network).

I enclose below reaction to today’s news from Branstad, who struck an upbeat tone, and key Democratic lawmakers, who vowed to keep fighting to improve legislative oversight of the Medicaid privatization. The Democratic-controlled Iowa Senate approved such a bill during the 2015 session, but the Republican-controlled Iowa House declined to take it up. Oversight is the very least state lawmakers could do to prevent the transition to managed care from becoming a pretext for denying services to vulnerable Iowans.

David Pitt noted in his report for the Associated Press,

Two legal challenges continue including one from the Iowa Hospital Association, a trade group for the state’s hospitals. It sued the state claiming the privatization plan is illegal because it takes millions of dollars from a dedicated hospital trust fund and gives it to the four managed care companies.

Any relevant comments are welcome in this thread. I am grateful that so many Iowans took the time to contact federal officials about Branstad’s disastrous policy. Bleeding Heartland reader Rhonda Shouse has been one of the superstar organizers in that fight.

UPDATE: Added below reaction from Representative Dave Loebsack (D, IA-02). I expect that during next year’s re-election campaign, Loebsack will highlight his efforts to shield constituents from the negative consequences of shifting Medicaid to managed care. His only declared Republican opponent is State Senator Mark Chelgren, who like his GOP colleagues in the upper chamber has done nothing to slow down the privatization or strengthen legislative oversight of the process.

SECOND UPDATE: Added more news and commentary related to this issue.

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Iowa Senate district 30 preview: Jeff Danielson vs. Bonnie Sadler

A Republican challenger to three-term State Senator Jeff Danielson in Iowa Senate district 30 emerged last week. Bonnie Sadler is on Facebook here and on Twitter here. Danielson has a campaign website as well as a Facebook page and Twitter feed.

Danielson was the Iowa legislative incumbent re-elected by the narrowest margin in 2008, beating Walt Rogers by just 22 votes out of more than 32,000 cast. Although Danielson won his third term by a somewhat larger margin in 2012, Republicans are still likely to target this race as one of their top two or three pickup opportunities. The Republican State Leadership Committee has committed to play for the Iowa Senate majority in 2016. Democrats currently control the chamber by 26 votes to 24.

I enclose below a map of Senate district 30, a review of its voter registration numbers and recent voting history, background on both candidates, and first thoughts on what should be a central issue during next year’s campaign.

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