# Dave Heaton



Another Iowa legislative victory for Big Ag

Factory farm advocates failed in 2009 to circumvent the Iowa DNR’s rulemaking on applying manure over frozen and snow-covered ground. Then they failed in 2010 to win passage of a bill designed to weaken Iowa’s newly-adopted regulations on manure storage and application.

But this year, the Iowa Pork Producers Association succeeded in convincing state lawmakers to relax requirements for CAFO operators to be able to store their own manure properly. All they had to do was dress up their effort as an attempt to help families with aspiring young farmers.

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Republican lawmaker voices doubts on alternative to Medicaid expansion

For months, I’ve been wondering if and when some Republican lawmakers would balk at supporting Governor Terry Branstad’s “costs more, covers less” alternative to expanding Medicaid in Iowa.

For the first time yesterday, an Iowa House Republican said he may not vote for Branstad’s plan. I doubt it’s a coincidence that the wavering lawmaker is unusually knowledgeable about health care services in Iowa.

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Iowa House: Birthplace and graveyard for marriage and abortion bills

During 2011 and 2012, the Iowa Senate was our state’s firewall against the social conservative agenda. The Republican-controlled Iowa House passed a constitutional amendment to ban same-sex marriage, sweeping limits on abortion rights (twice), a “stand your ground” bill and a constitutional amendment that would invalidate virtually all restrictions on guns. All of those bills died in the Democratic-controlled state Senate.

Social issues have never been a priority for Iowa House leaders. They blocked a floor vote on a “personhood” bill in 2011 and steered clear of extremist crusades like impeaching Iowa Supreme Court justices and replacing gun permit laws with “constitutional carry.” Still, I expected House Republicans to cover the usual bases during this year’s legislative session.

Instead, almost every high-profile bill on so-called family values failed to win House committee approval and therefore died in the legislature’s first funnel deadline last Friday. That includes some mainstream conservative efforts as well as freak show bills like ending no-fault divorce or barring county recorders from issuing marriage licenses to same-sex couples.

Most amazing to me, House Republicans no longer have the votes to pass a constitutional amendment restricting marriage to one man and one woman.  

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Branstad administration rethinking driver's license policy (updated)

Governor Terry Branstad indicated yesterday that the Iowa Department of Transportation will review its policy on driver’s licenses for immigrants with Deferred Action for Childhood Arrivals status. He also suggested that if the Iowa legislature addresses this issue, he would sign a bill allowing approximately 5,000 undocumented immigrants with this status to receive Iowa driver’s licenses and non-operator IDs.

UPDATE: On the afternoon of January 23, the Iowa DOT announced it will issue driver’s licenses to immigrants with deferred status. The full official statement is at the end of this post.

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Who's who in the Iowa House for 2013

The Iowa House will begin its 2013 session next Monday with 53 Republicans, 46 Democrats and one seat to be filled in a special election on January 22.

After the jump I’ve posted details on the Iowa House majority and minority leadership teams, along with all chairs, vice chairs, and members of standing House committees. Where relevant, I’ve noted changes since last year’s legislative session.

Some non-political Iowa House trivia: three state representatives have the surname Olson (not counting Democrat Jo Oldson). There are two Millers, two Taylors, and two Smiths, one from each party in every case. David is most common first name: the new cohort contains three Daves and two Davids. Four state representatives have the first name Mark, four are called Daniel (three go by Dan) and four were given the name Robert (two Robs, one Bob, and a Bobby). Four women are named Mary (one goes by Mary Ann), and two are named Linda. There are two men each named Greg, Chuck, John, Kevin, Pat, Bruce, Tom, and Chris, and there would have been two Brians if Brian Quirk had not resigned shortly after winning re-election. Oddly, no current Iowa House member is named Mike or Michael.

JANUARY 28 UPDATE: Democrat Todd Prichard won the special election in House district 52, bringing the number of Todds in the Iowa House to two. I’ve added his committee assignments below. Republicans maintain a 53-47 majority.

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Medicaid abortion funding ban a bridge too far for Branstad administration

Opposing all government funding for abortion is settled dogma among Iowa Republican activists and elected officials. For two years in a row, Senate Democrats have blocked attempts to write new restrictions on Medicaid abortion coverage into the budget for the state Department of Human Services. Now DHS Director Chuck Palmer has signaled that taking control of the upper chamber may not give Republicans the power to restrict the choices of low-income women.

Palmer’s action puts Governor Terry Branstad in an awkward position, and a legislature completely under GOP control could create a political nightmare for Branstad, a proud “pro-lifer” throughout his career.

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Who's who in the Iowa House for 2012

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

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

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Legislative panel delays lead ammo ban for dove hunting

The Iowa legislature’s Administrative Rules Review Committee lived up to its unofficial nickname today: “Where good rules go to die.” Nine of the ten lawmakers on the panel voted to delay a proposed ban on lead shot for dove hunting until after next year’s legislative session. It’s a safe bet that before then, legislators will pass a bill allowing hunters to use any kind of ammunition to kill doves.

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Who's who in the Iowa House for 2011 (revised)

When the 84th General Assembly convenes on January 10, the Iowa House will have 60 Republicans and 40 Democrats. House Republicans selected leaders and committee chairs last month, and Democrats finished choosing leaders and ranking committee members in the past two weeks.

All Iowa House leaders, committee chairs and ranking members can be found after the jump. I’ve included a link to a short biography for each state representative, as well as the year the person was first elected to the Iowa House and the district he or she represents.  

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Who's who in the Iowa House for 2011 (updated)

The newly elected Iowa House Republican caucus picked a leadership team last week, and incoming House Speaker Kraig Paulsen named committee chairs this week.

Follow me after the jump for information about who will run various House committees in the 84th General Assembly. It’s notable that Paulsen passed over veteran legislators while giving chairmanships to some representatives beginning their second or third terms.

LATE UPDATE: Democratic ranking members for the appropriations subcommittees have been added at the bottom of this post.

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Good news for Iowa water quality (for once)

State legislators have allowed clean water “anti-degradation” rules to stand, a step toward filling a significant hole in Iowa’s water quality regulations. A last-ditch effort by Republicans failed to win enough votes on the Iowa legislature’s Administrative Rules Review Committee (ARRC) to set aside rules adopted by the Iowa Department of Natural Resources.

I’ve joked that the ARRC’s unofficial motto is “Where good rules go to die,” because on several occasions the committee has rejected rules oriented toward environmental protection. Today Republican Senator Merlin Bartz tried to keep that tradition going with a motion to object to the new water quality rules. However, only Bartz’s three fellow Republicans on the committee (Senator James Seymour and State Representatives Dave Heaton and Linda Upmeyer) voted for rejecting the DNR’s rules. The six Democrats on the ARRC (Senators Wally Horn, Jack Kibbie and Tom Courtney, and State Representatives Marcella Frevert, Tyler Olson and Nathan Reichert) all voted against Bartz’s resolution.

Governor Chet Culver’s chief legal counsel, Jim Larew, spoke in favor of the rules at today’s ARRC hearing, saying they would help Iowa reverse the trend of declining water quality. Unfortunately, we’ve got a long way to go on this front. Further regulation of pollution is warranted, but the political will to accomplish that is currently absent in the state legislature.

Several non-profit organizations deserve special recognition today. Without their efforts, the DNR might not have moved forward to adopt the anti-degradation rules, as required by the Clean Water Act. The Iowa Environmental Council issued a release today with more background and details about the anti-degradation rules. Excerpt:

With the passage of the federal Clean Water Act in 1972 states were required to enact Antidegradation rules to prevent the further pollution of lakes, rivers and streams in the nation by 1985.  Iowa adopted rules but the U.S. Environmental Protection Agency informed Iowa that its rules violated federal law as early as 1997.  

Repeated delays in rewriting the rules led a coalition of environmental organizations – Iowa Environmental Council, Hawkeye Fly Fishing Association, the Iowa Chapter of the Sierra Club and the Environmental Law & Policy Center – to file a Petition for Rulemaking with the Iowa Department of Natural Resources in 2007 requesting that the State act immediately to adopt antidegradation implementation rules.  This action initiated a rule-making process that included several opportunities for public comment and a hearing before the Iowa Environmental Protection Commission, which approved the revised rules in December of last year. Monday’s meeting of the legislative Administrative Rules and Review Committee marked the final step in the decades-long process.

The full text of the press release is after the jump.

Thanks again to the Iowa Environmental Council, the Hawkeye Fly Fishing Association, the Sierra Club Iowa chapter, and the Environmental Law and Policy Center.

UPDATE: I’ve added the press release from the Sierra Club’s Iowa chapter after the jump.

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When lawmakers feel sorry for law-breakers

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

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

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

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

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

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

Democratic State Representative Marcella Frevert

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

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

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

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

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

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How one industry's political investments paid off

When Governor Chet Culver took final action on the last two dozen bills from the 2009 legislative session, my biggest disappointment was his decision to sign Senate File 433, a bill that “eliminates a broad range of fines against Iowa nursing homes that fail to meet minimum health and safety standards.”

Governors rarely veto bills that pass out of the state legislature unanimously, as this one did. However, when Culver didn’t sign Senate File 433 right away, I hoped he was seriously considering the advice of the Iowa Department of Elder Affairs and the Iowa Department of Inspections and Appeals. Both of those state agencies opposed the bill.

Instead of listening to the public officials who have the most in-depth knowledge of nursing home regulations and violations, Culver sided with a corporate interest group:

Former state legislator John Tapscott, who now advocates for Iowa seniors, said the new law is an example of what the nursing home industry can buy with its campaign contributions.

“It only proves that our legislative leaders and governor are willing to sell out the most vulnerable of our citizens – the sick and elderly residing in nursing homes – for a few thousand campaign dollars,” he said.

Click “there’s more” to read about the substance of this bill and the winning strategy of the Iowa Health Care Association, which represents nursing homes. I couldn’t have written this post without an outstanding series of reports by Clark Kauffman of the Des Moines Register last November (see also here and here).

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