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.

Bleeding Heartland welcomes guest posts on state legislative races. Great to see a candidate stepping up in this district. Democrats failed to field a challenger against Heaton in 2012 or 2014. By the way, some Iowa politics junkies have Heaton on retirement watch. -promoted by desmoinesdem

Carrie Duncan is running for State Representative in House District 84 against eleven-term incumbent Dave Heaton (R-Mount Pleasant), as a Democrat. With the controversy surrounding the potential closure of a mental health facility in Mount Pleasant. Carrie felt the need to run against Representative Heaton, feeling that he was not a strong enough of a voice against the Branstad Administration’s plans to close the facility.

Carrie’s support for organized labor is fierce and deep. She is a proud member of the International Association of Machinists and Aerospace Workers (IAMAW), Chief Steward, Local 1010 She works at the American Ordinance LLC in Middletown. Carrie’s son, Zach also works at American Ordinance LLC. Zach lives with his wife Randee, in Mount Pleasant. Carrie has also worked at Pioneer Corn and Pinnacle Foods. She resides in New London.

Carrie got into this race as a voice for the middle class and the poor in the state of Iowa. She believes that the state government is simply giving too much away, using tax breaks to procure agreements with big corporations while not doing enough to educate our children. The unemployment rate is too high in District 84; this means that we need leaders in Des Moines that are regularly communicating with small businesses instead of constantly trying to lure extremely large companies, many times hiring out of state labor to fill the positions.

Carrie has worked in the New London School District as well; she has gained knowledge about the issues that our educators face daily. She has worked in some different industries, always fighting for fair wages and equal treatment for all in the workplace. She currently serves as the Vice President of the North Lee County Labor Council.

She is also hoping to see an end to the Governor’s plan to privatize Medicaid, and wants to see a more transparent process when large economic development agreements come to the area.

District 84 encompasses portions of Northern Lee County, Henry County, and Jefferson/Washington townships. [note from desmoinesdem: A map is after the jump, along with the latest voter registration numbers.]

Carrie is originally from Chillicothe, Illinois and she grew up on a family farm. She has a lifetime appreciation for our state’s local ag producers. Carrie is involved in a number of terrific charitable organizations in Southeast Iowa, as well.

For more information go here:

http://kilj.com/2016/01/news/carrie-duncan-announces-run-for-state-representative-in-washington-henry-jefferson-and-lee-counties/

Iowa House district 39, covering much of northwest Polk County, is represented by the youngest current member of the state legislature. Republican Jake Highfill pulled off a shocking upset in his 2012 primary against then House Majority Whip Erik Helland. He was the only successful one of a dozen primary challengers to sitting Iowa House Republicans that year. Highfill benefited from some blunders by Helland and some help from fellow supporters of Ron Paul’s presidential bid as well as former State Representative Walt Tomenga, whom Helland had beaten in the 2008 GOP primary. Highfill beat Democrat Kelsey Clark in the 2012 general election and Tom Leffler in 2014, but underperformed the top of his party’s ticket both years.

A new Democratic challenger to Highfill emerged last week. Maridith Morris is a nurse at Mercy Medical Center in Des Moines. She is also a personal friend (not through Democratic Party politics), and I can vouch for her commitment to helping others, in volunteer capacities as well as through her vocation.

I enclose below a district map and background on Highfill and Morris. House district 39 leans Republican, with 5,863 active registered Democrats, 9,291 Republicans, and 8,206 no-party voters according to the latest figures from the Iowa Secretary of State’s office. (Those numbers do not include voters who changed party affiliation on February 1 to participate in the Iowa caucuses.) Mitt Romney outpolled President Barack Obama among voters in this district by 55.76 percent to 43.02 percent in 2012, and Joni Ernst had nearly a 20-point margin over Bruce Braley here in the 2014 U.S. Senate race.

While the district is a long-shot for a Democrat, Highfill is weaker than the average GOP statehouse incumbent. He chairs the relatively insignificant International Relations Committee, which has met only once this session and does not appear to have any legislation pending. Quite a few House Republicans from the 2012 cohort and even a few colleagues serving their first terms have better committee assignments than Highfill.

Last year, when then House Speaker Kraig Paulsen needed to yank one opponent of raising the gasoline tax off the Ways and Means committee, he picked Highfill. This year, Highfill was assigned to the Appropriations, Education, State Government, Local Government, and Government Oversight committees as well as International Relations. He has not floor-managed any significant bills, to my knowledge.

In a sense, Highfill is fortunate to remain in the legislature. He drew two primary challengers in 2014, which allowed him to win the GOP nomination despite gaining less than 50 percent of the vote. I wouldn’t be surprised to see a Republican with more stature run here this year, though at this writing I am not aware of any rival GOP candidate in House district 39.

Highfill’s campaign raised $16,990 last year, about half from individuals and the rest from political action committees that give to numerous legislative incumbents. His campaign spent $12,670.17, mostly on a $10,000 contribution to the state party. He entered the election year with $13,283.48 cash on hand and $6,100 in outstanding loans–not a lot to fend off a primary challenge, if one materializes. Assuming Highfill wins the GOP nomination again, House leaders could chip in more funds if they felt he were in trouble during the general election campaign.

Any comments related to the House district 39 race or either candidate are welcome in this thread. I found it strange that a 2012 Ron Paul supporter Highfill endorsed New Jersey Governor Chris Christie before this year’s Iowa caucuses. But some big movers and shakers in Iowa Republican politics were supporting Christie, including Gary Kirke, one of Highfill’s larger individual donors.

Iowa House Republicans have substantially altered a bill that would expand the legal uses of cannabis derivatives to treat certain illnesses. State Representative Peter Cownie introduced the bill last week, but an amended version was presented at a subcommittee hearing today without explanation. Follow me after the jump for background and details.

Iowa House district 92, covering part of Davenport and other areas in Scott County, has changed hands more times in the last decade than any other seat in the Iowa legislature. Democrat Elesha Gayman defeated Republican incumbent Jim Van Fossen in 2006, when the district was number 84. She held that seat against Republican Ross Paustian in 2008, then retired rather than seeking a third term in 2010. Paustian won the open-seat race by a comfortable margin, with a GOP landslide putting the wind at his back. However, he lost his first re-election bid in the slightly reconfigured House district 92 to former State Senator Frank Wood. Undeterred, Paustian sought a rematch and defeated Wood with some help from another Republican wave in 2014.

Four party switches in the last five elections guarantees that both parties will target this district in the fall.

Paustian is a relatively obscure back-bencher. The vice chair of the House committees on agriculture and environmental protection rarely makes news, except for that time the Des Moines Register’s Brianne Pfannenstiel snapped a photo of him reading the book Sex After Sixty during a long debate over a collective bargaining bill. That story went viral nationally and even made it into a British newspaper.

As of last week, Paustian has a Democratic challenger in Ken Krumwiede. Like Wood, Krumwiede is a career educator, and his campaign announcement signals that school funding will be a central issue in this race. Every Democratic candidate for the legislature should do the same. Last July, Governor Terry Branstad vetoed supplemental spending for K-12 schools and higher education, blowing up a bipartisan budget compromise and blowing a hole in school district budgets. Paustian and most of his fellow statehouse Republicans failed to take up the call to override those vetoes.

I enclose below a district map and background on Paustian and Krumwiede. House district 92 is relatively balanced politically, with 5,686 active registered Democrats, 5,799 Republicans, and 8,820 no-party voters according to the latest figures from the Iowa Secretary of State’s office. (Those numbers do not include voters who changed party affiliation on February 1 to participate in the Iowa caucuses.) President Barack Obama outpolled Mitt Romney among voters in this district by 53.94 percent to 45.0 percent in 2012. But Joni Ernst prevailed over Bruce Braley here in the 2014 U.S. Senate race by a similar margin of 53.26 percent to 43.45 percent.

Any comments related to the House district 92 campaign or candidates are welcome in this thread. The presidential-year electorate may favor Krumwiede, although incumbents have a natural advantage, and Scott County Republicans have been better-organized lately than local Democrats. The Iowa Farm Bureau will surely get involved on Paustian’s behalf, while organized labor including the Iowa State Education Association will likely assist Krumwiede.

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.

Two-term State Representative Sally Stutsman will not seek re-election to Iowa House district 77, the Iowa House Democrats announced this morning. A separate press release sent less than two hours later announced that North Liberty Mayor Amy Nielsen will seek the Democratic nomination in the district Stutsman is vacating. I enclose both statements below, along with a map of the district covering a large area in Johnson County (but not Iowa City or Coralville).

To her credit, Stutsman announced her retirement more than a month before the filing deadline for statehouse candidates (on March 18 this year). Too often, Iowa legislative incumbents in both parties have kept their plans secret from all but a few insiders until a day or two before nominating petitions must be submitted to the Iowa Secretary of State’s office. Fairness calls for giving everyone in the district a chance to weigh the pros and cons of running for the legislature. Lots of people who would not challenge an incumbent would seriously consider competing for an open seat.

Nielsen’s quick announcement indicates some insider support, and her base in the rapidly-growing North Liberty area should boost her candidacy. Nevertheless, I would not be surprised to see another Democrat or two seek the nomination. Both Stutsman and Nielsen endorsed Hillary Clinton for president, while Johnson County was among the strongest for Bernie Sanders on February 1.

For reasons I don’t fully understand, many Iowa Democrats have an allergic reaction to primaries. I see no harm in a good, clean competition between two or more people who are focused on the issues. Johnson County has seen some bitterly contested Democratic primaries, though; I hope that dynamic doesn’t develop here.

Incidentally, Zach Wahls told me today that he has no plans to run for Stutsman’s seat. He lives in Johnson County but not in House district 77.

I am not aware of a declared Republican candidate in the district. Stutsman easily defeated a GOP opponent in 2012. Republicans did not field a candidate here in 2014 but will surely compete for the open seat. According to the latest figures from the Iowa Secretary of State’s office, House district 77 contains 7,043 active registered Democrats, 5,213 Republicans, and 7,727 no-party voters. President Barack Obama won more than 58 percent of the vote in the district in 2012, and Bruce Braley outpolled Joni Ernst by 9 points here in the 2014 U.S. Senate race. The winner of the Democratic primary will be favored to replace Stutsman in the legislature.

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.

Three-term GOP State Representative Josh Byrnes announced today that he will not seek re-election to the Iowa House. I enclose below the full statement he posted on Facebook, which expressed his “hope that the voters of House District 51 will continue to elect moderate candidates to represent them in Des Moines. The constituents of a district lose when we elect those who are hard line party people.”

Byrnes was occasionally out of step with his caucus, having supported marriage equality and voted with Democrats for expanding Medicaid. Rumors of his impending retirement proved wrong during the last election cycle but flared up again in recent months, following his unsuccessful bid to be House speaker and subsequent criticism of excessive partisanship and failure to approve school funding levels on time.

House GOP leaders have resisted compromise on education funding during the past several years, which likely contributed to decisions by three other Republicans not to run for re-election in 2016. Like Byrnes, State Representatives Brian Moore, Quentin Stanerson, and Ron Jorgensen all have worked in the education field.

With Byrnes retiring, House district 51 immediately moves to the top tier of Democratic pickup opportunities in the lower chamber, which the GOP controls with a 57 to 43 majority. President Barack Obama received 55.19 percent of the vote among its residents in 2012. Only two Iowa House districts currently held by Republicans voted to re-elect the president by a larger margin; one of them was House district 58, which Moore is vacating. According to the latest figures from the Iowa Secretary of State’s office, House district 51 contains 5,119 active registered Democrats, 6,074 Republicans, and 8,247 no-party voters. I enclose below a district map.

UPDATE: Tony Krebsbach announced on Facebook today that he will seek the GOP nomination in House district 51. He has served on the Republican Party of Iowa’s State Central Committee and chaired the Mitchell County GOP and is part of the “Liberty” faction, which supported Ron Paul for president.

The video of Zach Wahls speaking at that 2011 public hearing went viral and inspired thousands of Iowans who supported equality. Although Zach did not dissuade Iowa House Republicans from approving a state constitutional amendment on marriage the following day, Democrats in control of the Iowa Senate held the line. -promoted by desmoinesdem

Yesterday (January 31) marked the fifth anniversary of a three-minute speech that I delivered to the Iowa Legislature about growing up with gay parents. It was the first time I’ve celebrated an anniversary of this speech knowing that no speech like it will ever have to be given again in this state or country, following the Supreme Court’s 2015 ruling.

I had no idea when I stepped up to that microphone just how much the world would change in the next five years.

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.

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.

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.

The Iowa House opened its 2016 session today with 57 Republicans and 43 Democrats. The 100 state representatives include 27 women (21 Democrats and six Republicans) and 73 men. Five African-Americans (all Democrats) serve in the legislature’s lower chamber; the other 95 state representatives are white. No Latino has ever been elected to the Iowa House, and there has not been an Asian member since Swati Dandekar moved up to the Iowa Senate following the 2008 election.

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. All are on the Republican side, mostly following from Kraig Paulsen’s decision to step down as speaker, Chuck Soderberg’s retirement, and the passing of Jack Drake.

Some non-political trivia: the Iowa House includes two Millers (one from each party), two Taylors (one from each party), and two Moores (both Republicans). As for first names, there are six Davids (four go by Dave), four Roberts (two Robs, one Bob, and a Bobby), four Marys (one goes by Mary Ann), four Johns, and three Brians. There are two Lindas, two Elizabeths (a Beth and a Liz), and two men each named Dan, Mark, Greg, Tom, Bruce, Todd, Chris, and Charles (one goes by Chuck).

One of the best pickup opportunities for Democrats in the Iowa House got better on Thursday, as three-term Republican State Representative Brian Moore told KMAQ Radio in Maquoketa that he will not run for re-election in House district 58. After an unsuccessful bid for the Democratic nomination in an Iowa Senate district, Moore switched parties, filed in a House seat where there was no Republican challenger, and pulled off one of the most shocking Iowa state legislative upsets in 2010. He won a re-match against Tom Schueller in the next election cycle and defeated challenger Kim Huckstadt by a comfortable margin in 2014.

House district 58 is among the most Democratic-leaning legislative seats currently held by a Republican. In 2012, Barack Obama received 55.6 percent of the vote here; only residents of House district 91 in the Muscatine area gave a higher percentage of their votes to the president while electing a Republican to the Iowa House. According to the latest figures from the Iowa Secretary of State’s office, House district 58 contains 6,968 active registered Democrats, 4,726 Republicans, and 9,151 no-party voters.

Moore has not always fallen in line with House Republican leaders. In late December, he told William Garbe of the Dubuque Telegraph-Herald that he may break with his caucus during this year’s session to support a larger funding increase for K-12 schools. Fellow GOP State Representatives Quentin Stanerson and Ron Jorgensen are also retiring this year and are known to have been dissatisfied with the final compromise on education funding last year. Moore’s announcement will increase speculation that State Representative Josh Byrnes may not seek a fourth term in House district 51. He challenged Linda Upmeyer for the speaker’s chair last summer. After losing that contest, Byrnes criticized excessive partisanship and the failure to meet deadlines for approving school funding. In 2013, Byrnes and Moore were the only two House Republicans to vote with Democrats to expand Medicaid as foreseen under the Affordable Care Act.

Democrat Peter Hird launched his campaign in House district 58 in October. I enclose below some background on Hird and a map of the district, which covers all of Jackson County, a large area in Jones County and two rural Dubuque County townships. Pat Rynard profiled Hird at Iowa Starting Line last month. I would not be surprised to see another Democrat file to run for this seat, since the winner of the primary will have a good chance of being elected in November.

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.

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.

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.”

No matter how closely you follow current events, some days the news will shock you. I enclose below the biggest Iowa political stories I never saw coming last year.

Please share your own thoughts on this subject in the comments.

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.

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.

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.

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.

Republican State Representative Quentin Stanerson will not seek a third term in Iowa House district 95, he announced on Facebook today (hat tip to Iowa Public Radio’s Clay Masters). Rumors of Stanerson’s plans to retire have circulated for some time. The high school teacher was reportedly unhappy with Iowa House leaders’ hard line on education spending and was one of only two House Republicans to support Democratic efforts to override Governor Terry Branstad’s education funding vetoes this summer.

House district 95 covers a large area in Linn County outside the Cedar Rapids metro, as well as some rural precincts in Buchanan County. I enclose below a district map and the press release announcing Stanerson’s decision.

This seat should be a top target for Democrats, who currently hold only 43 of the 100 Iowa House seats. As of December 2015, House district 95 contained 5,906 active registered Democrats, 6,082 Republicans, and 8,300 no-party voters according to the Iowa Secretary of State’s office. The last time this district was open, Stanerson defeated Kristin Keast by just 200 votes in the sixth-closest result of the 2012 Iowa House races. Stanerson won a second term by a more comfortable margin in his rematch with Keast, thanks to the smaller midterm electorate and the Republican wave year. I am not aware of any declared Democratic candidate here for next year’s election.

Voters in House district 95 favored Barack Obama over Mitt Romney by 52.01 percent to 46.69 percent in 2012, very close to Obama’s statewide margin of victory. Joni Ernst outpolled Bruce Braley in last year’s U.S. Senate election by 52.47 percent to 43.73 percent in the House district 95 precincts.

Voters will elect a new state representative tomorrow in Iowa House district 21, which covers all of Union and Adams counties, most of Cass County, and some rural areas in Pottawattamie County (see enclosed map). The winner will succeed longtime Iowa House Republican Jack Drake, who passed away in October.

Tom Moore is the GOP candidate here, having won a six-way contest at a special nominating convention easily on the first ballot. I have been unable to find a detailed bio on Moore, but Ian Richardson reported for the Creston News Advertiser that Moore lives in Griswold (Cass County) and is a “retired teacher and former assistant manager for Southwest Iowa Ag in Massena.”

Moore will face Democrat Tim Ennis, a longtime resident of Corning (Adams County) who has held various jobs in the agriculture sector, particularly grain marketing. More background on Ennis is below. He was the 2014 Democratic challenger to Drake.

Although anything can happen in a low-turnout special election, Moore should hold Drake’s seat with little trouble. House district 21 contains more than twice as many registered Republicans as Democrats, according to the latest figures from the Iowa Secretary of State’s office. Mitt Romney outpolled Barack Obama here by 53.64 percent to 45.01 percent in 2012; Joni Ernst crushed Bruce Braley here by a 2:1 margin in the 2014 U.S. Senate race. Also last November, Drake defeated Ennis in the Iowa House race by more than 3,000 votes.

I enclose below a district map and more background on Ennis. UPDATE: Added more information about Moore.

SECOND UPDATE: Moore won the election by 1,409 votes to 853 according to unofficial results. I had to laugh at the comment from Republican State Leadership Committee President Matt Walter: “His victory allows House Republicans to strengthen their majority—proving yet again that Republicans win by running qualified and experienced candidates who connect with voters, even in states twice carried by President Obama.” No, Moore’s victory allows the GOP to maintain the same Iowa House majority (57 to 43 seats), and he won because this is a strongly Republican district.

Jon Neiderbach announced on Facebook today that he has decided not to run in Iowa House district 43: “We desperately need to fight hard to fix Iowa government, but I came to the conclusion that this wasn’t the best way for me to help make that happen.” He added that he “strongly” endorses fellow Democrat Jennifer Konfrst, “a wonderful candidate with strong connections to HD 43,” and will volunteer for her campaign. Neiderbach was the Democratic candidate for state auditor in 2014 and launched his bid for the Iowa House this September.

Incoming Iowa House Majority Leader Hagenow will be favored to win a fifth term here. His campaign will have virtually unlimited financial resources, and for decades, voters in this part of the Des Moines suburbs have elected Republicans to the state legislature. However, Hagenow is far more conservative than most of those predecessors. In addition, as Bleeding Heartland has noted before, Hagenow won re-election by fewer than two dozen votes in the last presidential election cycle, after Republicans spent heavily on negative tv ads that Democrats left unanswered. He won by fewer than 100 votes in 2008.

House district 43 leans slightly to the GOP on paper, with 6,673 active registered Democrats, 7,416 Republicans, and 5,981 no-party voters, according to the latest figures from the Iowa Secretary of State’s office. President Barack Obama outpolled Mitt Romney in these precincts by 50.6 percent to 48.3 percent, smaller than his statewide winning margin. Then again, Joni Ernst beat Bruce Braley by only 2 percent in HD-43, a lot less than her 8-point victory in the 2014 U.S. Senate race.

Any comments about potentially competitive Iowa House races are welcome in this thread. I enclose below a map of House district 43. Click here for background on Konfrst, who is on the web at JenniferKonfrst.com as well as on Facebook and Twitter.

Final note: few Iowans in either party know more about the inner workings of state government than Neiderbach, who worked in the non-partisan Legislative Fiscal Bureau for fourteen years and as a management analyst for the Iowa Department of Human Services for fifteen years after that. He would be a valuable asset to any Democrat’s efforts to improve state budgeting and operations.

Television reporter and former KCRG morning show anchor Ashley Hinson emerged today as the likely Republican nominee in the Iowa House district that outgoing Speaker Kraig Paulsen is vacating. Paulsen announced in August that he would not seek another term in House district 67. Instead, he will take up a newly-created senior position at Iowa State University next year.

Hinson is on Twitter here and has a campaign website and Facebook page. At this writing, HinsonforHouse.com says little about political priorities; there’s no issues page or even a full bio of the candidate. The blurb on the front page offers a vague call to “stand up” against “politics as usual” and a promise to “make sure that everyone feels heard and is heard in Des Moines.” Hinson’s working campaign slogan appears to be “Trusted. Proven. Leader.”

Democrat Mark Seidl made his campaign in House district 67 official earlier this month. He unsuccessfully challenged Republican State Representative Renee Schulte in 2010 and ran against Paulsen in 2012. I am not aware of a Seidl campaign presence on Twitter or Facebook, but the candidate’s website is here. The issues page consists of bullet points on improving the business climate in Iowa, creating well-paid jobs, supporting education, balancing the budget, and maintaining “Iowa’s leadership in renewable energy.”

I enclose below a map of House district 67, details about the district’s political make-up and recent voting history, and background on Hinson and Seidl.

Incoming Iowa House Speaker Linda Upmeyer says the majority House Republican caucus will handle education spending early during the 2016 legislative session, and will likely not approve funding for Planned Parenthood clinics in Iowa. I recommend reading Erin Murphy’s whole interview with Upmeyer, which appeared in the Quad-City Times on Sunday. Follow me after the jump for more thoughts on Upmeyer’s comments and how state support for public school districts and Planned Parenthood’s family planning programs may play out next year.

Democrat Dave Grussing announced earlier this month that he will challenge two-term Republican State Representative Tedd Gassman again in Iowa House district 7, which covers Emmet and Winnebago counties plus half of Kossuth County on Iowa’s northern border. A detailed district map is below, along with background on both candidates. Grussing’s campaign is on the web at Grussing for Iowa House and on Facebook here. His key campaign issues include job creation for rural Iowa, more funding for K-12 schools and community colleges, “encouraging veterans and military retirees to locate in Iowa,” and raising the minimum wage. Grussing has also expressed concern about Governor Terry Branstad’s unilateral decision to close two in-patient mental health institutions and privatize Medicaid.

House district 7 has been one of the most competitive state legislative districts in recent election cycles. Democrat John Wittneben defeated Republican Lannie Miller in an open-seat race by just 32 votes in 2010. That campaign likely would have ended differently if Iowa Republican leaders and key GOP-leaning interest groups such as the Iowa Farm Bureau Federation and the Iowa Association of Business and Industry had not left Miller behind. Redistricting following the 2010 census made House district less friendly territory for a Democrat, and Wittneben lost his 2012 re-election bid to Gassman by just 44 votes.

House district 7 leans Republican, with 5,269 active registered Democrats, 6,323 Republicans, and 8,307 no-party voters, according to the latest figures from the Iowa Secretary of State’s office. Voters living in the district supported Mitt Romney over Barack Obama by 51.82 percent to 46.97 percent in 2012 and favored Joni Ernst over Bruce Braley in last year’s U.S. Senate race by 55.71 percent to 38.56 percent, nearly double Ernst’s statewide margin of victory. Grussing’s challenge to Gassman was one of seven Iowa House races the progressive group Democracy for America targeted last cycle, probably because of Gassman’s narrow win in 2012. But Gassman easily won by more than 1,700 votes.

Even in a presidential election year, when more Democrats turn out to vote, Grussing will need to outperform the incumbent substantially among independents and win some crossover Republican votes. That’s not an insurmountable task for a hard-working candidate, though. Especially since Gassman promised during the 2014 campaign to “support education at all levels,” saying “his first priority would be to approve a supplemental state aid bill for K-12 education.” Although Gassman served as vice chair of the House Education Committee during the 2015 legislative session, to my knowledge he did not speak out for investing more in education as Republican House leaders refused for months to compromise on school funding. Nor did I hear of him criticizing Branstad’s decision to strike nearly $65 million in K-12, community college, and state university funding from the supplemental spending bill lawmakers approved. Gassman certainly didn’t try to override Branstad’s vetoes. Grussing should remind voters frequently that their elected representative stood by while the governor blew a hole in the budgets of K-12 school districts and Iowa Lakes Community College in Emmetsburg.

In addition, for lack of a more tactful way to say this, Gassman is kind of weird. He has often put himself way outside the mainstream, even in his own party. For instance, during an Iowa House subcommittee hearing to consider his 2013 bill to end no-fault divorce for couples with children under age 18, Gassman speculated that his daughter and son-in-law’s divorce put his 16-year-old granddaughter at risk of becoming “more promiscuous.” Only six of his fellow Iowa House Republicans co-sponsored that no-fault divorce bill. The same year, Gassman was among just ten GOP state representatives to co-sponsor a bill that would have banned county recorders from issuing marriage licenses to same-sex couples “until such time as an amendment to the Constitution of the State of Iowa defining marriage as the legal union of one man and one woman is submitted to the electorate for ratification.” The bill was clearly unconstitutional and would have created a circus like what Kentucky experienced this summer, thanks to rogue county clerk Kim Davis.

Gassman’s not a strong fundraiser, although his campaign disclosure reports for 2013 and 2014 (see here, here, and here) show that he receives a fair amount of “free money” from political action committees that give the same amount to dozens of state lawmakers. During the 2014 campaign, Grussing benefited from a number of labor union PAC donations, which will likely come through again if he can demonstrate he is running an active campaign.

When Kraig Paulsen announced plans to resign as Iowa House speaker and not seek re-election in 2016, he indicated he would continue to work as an in-house attorney for the trucking company CRST International Inc.

News broke last week that Paulsen has landed a high-paying position at Iowa State University’s College of Business. University officials waived a policy requiring such jobs to be advertised when they offered Paulsen the job, Vanessa Miller reported for the Cedar Rapids Gazette on November 6.

Former State Representative Ray Zirkelbach is officially exploring a candidacy for U.S. Senate in 2016, James Q. Lynch reported for the Cedar Rapids Gazette on November 7.

Although the field is getting crowded — former legislators Bob Krause of Fairfield and Tom Fiegen of Clarence, and State Sen. Rob Hogg of Cedar Rapids have all entered the race — Zirkelbach, 37, believes he’ll be the Democratic Party’s best candidate to defeat [Senator Chuck] Grassley. His ideas will set him apart from the others, Zirkelbach said. […]

“It’s about progress,” he said.

First elected to the Iowa House in 2004, Zirkelbach served three terms before losing his 2010 re-election bid. He missed the 2006 and 2007 legislative sessions, because his Iowa Army National Guard unit had been called up to serve in Iraq.

I have not seen a website or Facebook page for Zirkelbach’s U.S. Senate exploratory committee yet, but will update this post as needed. In lieu of an up to date official bio, I have posted the “member profile” that appeared on the Iowa House Democrats website during Zirkelbach’s third term. Zirkelbach’s Twitter account hasn’t been active since 2009; his personal Facebook feed is here.

I struggle to understand why Zirkelbach would run for Senate when we already have three progressive Democrats in the field, including one (Hogg) with a much stronger background of legislative accomplishments.

Meanwhile, to my knowledge, Democrats have no declared candidate against GOP State Representative Lee Hein in Iowa House district 96, where Zirkelbach lives (a map is at the end of this post). Hein defeated Zirkelbach in the 2010 wave election, and Democrats didn’t field a challenger against him in 2012 or 2014. Taking on the incoming House Agriculture Committee chair would be a long-shot race; House district 96 leans to the GOP with 4,386 active registered Democrats, 5,761 Republicans, and 8,483 no-party voters according to the latest figures from the Iowa Secretary of State’s office. But Zirkelbach would be much better positioned to defeat Hein than Grassley.

UPDATE: Pat Rynard spoke to Zirkelbach about his Senate bid. Added excerpts to that post below.

Today Governor Terry Branstad scheduled a special election in Iowa House district 21 for Tuesday, December 8. Voters will elect a successor to longtime State Representative Jack Drake, who passed away last weekend.

Iowa House district 21 covers all of Union and Adams counties, most of Cass County, and some rural areas of Pottawattamie County. A detailed map is after the jump. Like most of southwest Iowa, it leans heavily Republican. The latest figures from the Iowa Secretary of State’s office indicate that House district 21 contains 3,720 active registered Democrats, 8,256 Republicans, and 7,401 no-party voters. Mitt Romney carried 53.64 percent of the vote here in the 2012 presidential election, and Joni Ernst (who is from nearby Montgomery County) won 63.75 percent of the votes in House district 21 in last year’s U.S. Senate race.

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

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

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

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

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

Iowa’s social conservatives have suffered several setbacks lately in their crusade against Planned Parenthood. The Iowa Supreme Court unanimously struck down an administrative rule that would have banned the use of telemedicine for medical abortions in several Planned Parenthood clinics. Iowa Attorney General Tom Miller informed a large group of Republican lawmakers that his office has neither “jurisdiction over transfers of fetal tissue” nor the “authority to investigate or demand information about the transfer of fetal tissue.” (Not that it mattered, since Planned Parenthood clinics in Iowa have never participated in fetal tissue donation programs.)

Governor Terry Branstad, who has always opposed abortion rights, acknowledged two weeks ago that “we cannot defund Planned Parenthood,” because a review of Planned Parenthood’s contracts with the state revealed that the health care provider has not “violated their responsibilities under the grants that they have received” for family planning services. An official review also confirmed no taxpayer money goes toward abortion services at Planned Parenthood clinics in Iowa.

During this year’s legislative session, Republicans successfully pushed for ultrasound requirements for women seeking abortions, but the final adopted language on ultrasounds did not add any new roadblocks or delays to the process of getting an abortion in Iowa.

Advocacy groups like Bob Vander Plaats’ FAMiLY Leader organization continue to pressure Branstad to keep his 2010 campaign promise to end Planned Parenthood’s state funding. Last week, Iowa House Republicans indicated that they plan to continue their “deliberate and unwavering battle” for the “pro-life” agenda.

Here’s how efforts to defund Planned Parenthood are likely to play out during next year’s Iowa legislative session. What happens after that depends mostly on whether the 2016 general election changes the balance of power at the statehouse.

Among the many examples of corporate cronyism Governor Terry Branstad’s administration has provided these past five years, getting the Iowa Department of Revenue and Finance to rewrite tax code without legislative approval “on behalf of the Iowa Taxpayers Association” is among the most brazen.

Not only does this unprecedented use of the rule making process usurp legislative authority, it may end up being more expensive than “the worst economic development deal in state history.” At least tax incentives benefiting Orascom (for a fertilizer plant the company would have built anyway) have an end point. The Iowa Department of Revenue’s proposed sales tax cut for manufacturers will cost the state of Iowa tens of millions of dollars in revenue every year, indefinitely.

Democratic state lawmakers weren’t happy that the Branstad administration unilaterally decided to let private insurance companies manage the state’s Medicaid program, especially since some corporate representatives were briefed on that managed care plan long before state officials informed lawmakers or the general public. But state lawmakers didn’t have a way to block the Medicaid privatization.

In contrast, the Iowa House and Senate could stop the Iowa Department of Revenue’s proposed rule and thereby assert the authority of the legislative branch to approve tax code changes. Alas, signs from Tuesday’s meeting of the legislature’s Administrative Rules Review Committee (ARRC) point to House Republicans going along with the Branstad administration’s ”serious overreach of executive power.”

The Iowa Department of Revenue and Finance (IDORF) has proposed new administrative rules, effectively providing a tax cut worth tens of millions of dollars for Iowa manufacturers.  Absent a legislative response, the rule goes into effect January 1, 2016.

https://rules.iowa.gov/Notice/…

This is a serious overreach of executive power. The complexity of the issue, coupled with the unquenchable desire by the party in power to reduce taxes on business, provide the perfect climate to give a tax cut to manufacturers of some amount between $35 million to $80 million, perhaps more. This is an ongoing tax cut of increasing value. This action should be weighed against the Governor’s veto of $55.6 million of education funding….one-time education funding….because the State of Iowa ostensibly could not afford it.

And what is the stated purpose of this rule change? According to the notice, the rules are the “subject of a substantial confusion and controversy.” Furthermore, the change will eliminate “administratively burdensome distinctions…”

Periodically, a taxpayer will contest a ruling and win in court. When that happens, the Department provides a rule change that brings its practices in harmony with current law. That is not what is happening here. The Department is not losing cases in defense of the law. It simply finds the effort administratively burdensome.

How burdensome? The Department has identified 1,500 hours costing $85,000 that is required to enforce the Code of Iowa. That represents 0.24% of the revenue the Department claims to collect from this tax, and probably a lower percentage than that, for reasons discussed below. Interestingly, the Department’s budget is $17.8 million. They collect $8.4 billion in taxes. Their entire budget is 0.21% of each dollar collected. The Department should be commended for the efficiency with which it collects these complicated sales taxes owed by businesses to the State of Iowa.

A little historical context is in order. Generally speaking, manufacturers do not pay sales tax on machinery and equipment, supplies, and replacement parts that are part of the “value-added” process. Machinery and equipment was removed from the property tax roles in the late 1990s, a tax benefit of over $200 million, primarily to manufacturers. Most of this equipment is already exempt from sales tax. This latest administrative action continues the drip drip drip of the erosion of the tax base.

Normally, when the Governor wants to provide a tax cut to businesses or individuals, he makes a recommendation to the Legislature. The Senate and the House work out the details, and send a bill to the Governor to sign. That’s how it worked when they cut property taxes for commercial property owners by $200 million two years ago. That’s how it worked when they cut $200 million in property taxes for business in the late 1990s. That’s how it worked when they cut the sales tax on bailing twine, computers purchased by insurance companies with more than 50 employees, supplies purchased by greenhouses, or my personal favorite, the tax on sales of “tangible personal property sold to a nonprofit organization which was organized for the purpose of lending the tangible personal property to the general public for use by them for nonprofit purpose.”

The issues related to the tax itself are complicated. And the roles of the three branches of government in the execution of the sales tax are complicated as well. This combination makes it difficult to engage in a widespread public policy debate with anything beyond the soundbites. Soundbites, which in this case, are true. Namely, the Governor’s actions demonstrate that the State has enough money to give business a $365 million tax cut over the next ten years, but doesn’t have $55.6 million for schools, one time.

For those requiring a little more Inside Baseball, three factors need to be explored. First, do we really know how much this exemption will cost? Second, an explanation of why this rule is beyond the scope of the Department’s administrative authority. Third, a discussion of the process by which this rule will be implemented or overturned.

State Representative Jack Drake passed away this weekend at the age of 81. He had been the longest-serving Iowa House Republican, representing parts of southwest Iowa since his first election in 1992. His current district (House district 21) covers all of Union and Adams Counties and parts of Cass and Pottawattamie Counties. Since the Republicans regained the Iowa House majority in the 2010 elections, Drake had chaired the Agriculture and Natural Resources Appropriations Subcommittee. Iowa House Speaker-Select Linda Upmeyer said in a statement today, “Iowa lost a dedicated public servant with the passing of Rep. Jack Drake. […] During his time in the Iowa House, Jack was a leader and trusted resource on agricultural issues which are so important to the State of Iowa. As the most senior member of the House Republican Caucus, his expertise and guidance will be sorely missed.”

I have never met Drake, but by all accounts he was a wonderful person to work with. The word “kind” came up again and again today in my conversations with people who interacted with him, either as fellow lawmakers or as advocates.

Former State Representative Frank Wood, who was the ranking Democrat on Drake’s appropriations subcommittee in 2013 and 2014, told me he was “shocked” by the news and said Drake would be “sorely missed.” Wood “thought very highly of him when I worked with him. He always kept me in the know of what was going on and what his limitations were” in terms of the budget targets. Democrats often requested additional funding for various programs, and according to Wood, Drake “understood and flat-out told me, if I had more money, I would definitely put it in those areas.” During the 2014 legislative session, when environmental advocates and a bipartisan group of lawmakers fought for extra funds for the Resource Enhancement and Protection (REAP) program, Drake was generally supportive. (The legislature approved record funding for REAP that year, but Governor Terry Branstad vetoed part of the money.) Wood also described Drake as “a gentle giant” and “a very non-partisan individual.” He toted the Republican line, but was “very pleasant to work with. I don’t think he had a mean bone in his body.”

State Representative Scott Ourth, the ranking Democrat on the Agriculture and Natural Resources Appropriations Subcommittee during this year’s legislative session, told me, “What a sad day it is. Jack and I struck up a fast friendship right from the get go. He was very fair, an honest guy to work with, willing to compromise where his leadership would allow him to.” He “never stood in the way” of Ourth advocating for REAP funding or other Democratic priorities. Echoing Wood’s sentiments, Ourth described Drake as “a loving, kind, and generous man” and an elected official out of “the old school” with “no partisan divisiveness.” He was willing to work “with anyone and everyone” at the statehouse. Ourth summed up that he had “nothing but good things to say about that man” and would “miss him terribly.”  

Ourth also mentioned that since June, he has been working long hours in Drake’s district for a subcontractor on a large MidAmerican Energy wind farm project. (64 wind turbines are going up between Corning and Lennox in Adams County.) During these months, Ourth has talked with many of Drake’s constituents, who invariably said “what a great guy they thought he was” and how well he represented their district.

State Representative Chuck Isenhart, who also served on Drake’s subcommittee and is the ranking Democrat on the House Environmental Protection Committee, told me today, “Jack Drake was a kind and soft-spoken man.” He added that Drake “offered crucial, public bipartisan leadership to the establishment of Iowa’s local farms and food initiative in 2010, and has been a reliable supporter of the program ever since.”

With Drake’s passing, the most senior members of the Iowa House Republican caucus are Health and Human Services Appropriations Subcommittee Chair Dave Heaton and Transportation, Infrastructure and Capitals Appropriations Subcommittee Chair Dan Huseman, both of whom were first elected in 1994.

The Des Moines metro area has made plenty of “best places” lists during the last five years, but Chamber of Commerce types won’t be bragging about the top ten ranking that appeared last week. After examining “the disparities between white and black Americans in several economic and social measures” across the country, Thomas C. Frohlich and Sam Stebbins of the 24/7 Wall St. website “identified the 10 worst cities for black Americans.” The authors noted, “Four of the cities with the worst racial inequality are in Illinois, two are in Iowa, and all are in the Midwest.”

Follow me after the jump to learn why the Des Moines metro area ranked ninth and the Waterloo/Cedar Falls metro area tenth on this list.

During this year’s legislative session, Iowa House Republicans refused for months to budge from their initial position on education funding, forcing public school districts to approve budgets for the coming year without knowing how much state aid to expect. Then House Speaker Kraig Paulsen and Democratic Iowa Senate Majority Leader Mike Gronstal finally rolled out a deal on education spending and other state budget issues more than a month past the Iowa legislature’s scheduled adjournment date.

Incoming House Speaker Linda Upmeyer plans to handle things differently, Cristinia Crippes reported for the Waterloo-Cedar Falls Courier, after hearing Upmeyer’s remarks to a group of Republican women in Cedar Falls.  

Five-term State Representative Linda Miller will not seek re-election in 2016, Ed Tibbetts reported for the Quad-City Times on October 1. Since Republicans regained an Iowa House majority in 2010, Miller has chaired the Human Resources Committee. She told Tibbetts she wants to retire in order to spend more time with her grandchildren.

Miller represents Iowa House district 94, covering part of the Quad Cities area in Scott County. I’ve enclosed a district map after the jump. The seat leans strongly to the GOP, with 5,520 active registered Democrats, 8,403 Republicans, and 9,608 no-party voters, according to the latest figures from the Iowa Secretary of State’s office. Mitt Romney won nearly 54 percent of the vote in the district in 2012, and Joni Ernst won nearly 58 percent here in last year’s U.S. Senate race. So while Democrats should always contest an open state legislative district, Republicans will be favored to hold Miller’s seat.

The GOP primary to replace Miller bears watching. Tibbetts reported that Bettendorf alderman Gary Mohr will run for this seat, but I doubt he will get a free pass. Scott County Republicans don’t shy away from competitive primaries. Miller knocked off State Representative Joe Hutter here in the 2006 GOP primary, the same year Dave Hartsuch beat sitting State Senator Maggie Tinsman in the Iowa Senate district that covers this area. Hartsuch served a term but lost the 2010 GOP primary to Roby Smith.

I give Miller credit for announcing her plans so early. One of my pet peeves–too common in Iowa on both sides of the aisle–is when entrenched state legislative incumbents keep their retirement plans secret until a day or two before the March filing deadline. In that scenario, only a hand-picked successor or tipped-off party insider has time to reflect on a possible candidacy. Other politically active, talented people in the district might be able to scramble for 50 signatures in a day to submit the necessary paperwork, but they would lack the ability to talk over such a big decision with friends and family.