# Iowa House



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

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

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

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

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Branstad vetoes will stand: not enough support for Iowa legislative special session

Governor Terry Branstad’s vetoes of education and mental health funding will stand, as the two-thirds majority needed to call a special legislative session has failed to materialize in either the Iowa House or Senate.

A special session always looked like a long-shot, given that Iowa House Republican leaders didn’t want to spend extra money on education and only reluctantly agreed to extend funding for mental health institutions. In addition, 23 of the 24 Iowa Senate Republicans voted against the supplemental spending bill. They had no stake in the compromise the governor blew apart.

Still, the outcry over school funding (including dozens of normally non-political superintendents speaking out) created an opening for Republican lawmakers. Even if they didn’t believe in the substantive value of additional education or mental health funding, they could have taken a big issue off the table for next year’s statehouse elections. So far, very few Republicans seem worried about the political fallout from not overriding Branstad’s vetoes. Democrats appear ready to remind voters at every opportunity who created the holes local education leaders are scrambling to fill.  

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Weekend open thread: Hall of Fame and Family Leadership Summit edition

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

All five Democratic presidential candidates appeared at the Iowa Democratic Party’s Hall of Fame dinner in Cedar Rapids on Friday night. I’ve posted below my impressions from the speeches; you can watch the videos on C-SPAN. It’s a shame the venue couldn’t accommodate more people, because lots of interested Iowa Democrats were unable to get tickets for the event.

Before the Hall of Fame dinner, I spent some time with an old friend who’s a huge Hillary Clinton supporter. Huge, as in, she didn’t take down her Hillary yard sign until the grass was long enough to need mowing in the spring of 2008. She mentioned to me that she’s relieved to see Clinton working hard this year instead of “ignoring” Iowa like last time. When I told my friend that Hillary visited Iowa more than 30 times in 2007, spending all or part of 70 days in the state, she was surprised. I’m amazed by how many Iowans have bought into the media-constructed narrative that Clinton “bombed” in the caucuses because she took the state for granted.

Ten Republican presidential candidates came to Ames on Saturday for the Family Leadership Summit organized by Bob Vander Plaats’ FAMiLY Leader organization. C-SPAN posted all of those speeches here. As usual, Donald Trump sucked up most of the oxygen in the room by questioning whether Senator John McCain had been a hero during the Vietnam War. O.Kay Henderson posted the audio at Radio Iowa. Rival presidential candidates with the exception of Ted Cruz rushed to condemn Trump’s remarks. Some of the Family Leadership Summit attendees may have been more upset by Trump’s comments about his three marriages and his admission that when he’s done something wrong, “I don’t bring God into that picture.”

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A close look at the status of abortion regulations in Iowa

Anti-abortion activists suffered a setback last month when the Iowa Supreme Court unanimously ruled unconstitutional the state ban on using telemedicine for medical abortions. But the health and human services budget for the fiscal year that began on July 1 contained two provisions sought by those who want to reduce the number of abortions performed in Iowa.

The first part of this post examines new language in the Iowa Code related to ultrasounds for women seeking abortions. Who was closer to the mark: Iowa Right to Life, which hailed the “HUGE life-saving victory” as the anti-choice movement’s biggest legislative success in two decades? Or Planned Parenthood of the Heartland, which countered that the ultrasound language would neither change the standard of care at their clinics nor “directly impact a woman’s access to abortion”?

Next, the post addresses language lawmakers first adopted in 2013 and renewed in the just-passed human services budget, which allows the Iowa governor to determine whether Medicaid should reimburse for abortion services. No other state has a similar provision.

Finally, I offer some thoughts on an odd feature of anti-abortion activism in the Iowa legislature. State Senate Republicans advocate more for restrictions on abortion rights and access than do GOP representatives in the House, even though “pro-choice” Democrats control the upper chamber, while all 57 members of the House majority caucus are nominally “pro-life.” Iowa House leaders have not been eager to put abortion bills on the agenda. This year, rank-and-file House Republicans didn’t even introduce, let alone make a serious attempt to pass, companion bills to most of the abortion-related legislation their counterparts filed in the state Senate.

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"Quit whining" wasn't the most outrageous thing Iowa State Senator David Johnson said yesterday

Waterloo high school teacher Vaughn Gross e-mailed 23 Iowa Republican state senators this week, urging them to “help call a special [legislative] session to fund our schools.” State Senator David Johnson sent back a dismissive reply, telling Gross to “Quit whining” and complaining that Democrats had cost him money by sending the Iowa legislative session into overtime.

I’m surprised an experienced politician would respond in that tone to Gross’s respectful, heartfelt appeal. But Johnson outdid himself later in the day, after his message to the teacher went viral. Far from seeking a graceful way out of the situation, Johnson defended his choice of words and indicated that he sees GOP legislators as the victims of a “concerted attack” on their votes. In his view, Republicans should not be criticized for education funding levels.

Really?

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Four takeaways from Branstad destroying the Iowa legislature's budget compromise

Late in the afternoon on the last day state offices were open before the long holiday weekend, Governor Terry Branstad used his veto pen to strike “all the big deals” Iowa House Republicans and Senate Democrats negotiated to end this year’s legislative session.

The budget compromise was already a much better deal for statehouse Republicans than for Democrats. House GOP leaders got the global budget targets they had demanded, which were lower than what the governor requested and Democrats proposed. Most of the concessions to Democrats came in House File 666, a $125 million collection of one-time appropriations.

While Branstad didn’t veto the entire supplemental spending bill like he did in 2014, he cut out House File 666’s largest and highest-priority items for statehouse Democrats: $55.7 million for K-12 school districts, $2.5 million for community colleges, nearly $2.9 million for the University of Iowa, $2.25 million for Iowa State University, and $1.1 million for the University of Northern Iowa.

In other words, after standing on the sidelines during most of the battle over the 2016 budget, Branstad handed House Republicans near-total victory. The fallout will be substantial.

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Weekend open thread: July 4 edition

Happy Independence Day to the Bleeding Heartland community! I hope everyone is enjoying the holiday weekend–preferably not by setting off amateur fireworks. Although the Iowa House voted this year to legalize fireworks, the bill never came to a vote in the Iowa Senate. So amateur fireworks are still illegal, which is just as well, since they cause too many emergency room visits and distress for veterans with post-traumatic stress disorder. We caught the fireworks display after the Iowa Cubs baseball game on Friday night and are going out in a little while to see the Windsor Heights fireworks.

The Iowa Natural Heritage Foundation marked the holiday by posting some stunning pictures of Iowa wildflowers, “nature’s fireworks.”

Alfie Kohn noted today that socialists authored both the Pledge of Allegiance and the words to “America the Beautiful,” which for my money should be our national anthem.

Speaking of which, former Iowa Insurance Commissioner Susan Voss sang “The Star-Spangled Banner” before the Iowa Cubs baseball game last night. Who knew she had such a good voice?

Two Democratic presidential candidates spent the day in Iowa. Senator Bernie Sanders and many supporters walked the parade in Waukee, a suburb of Des Moines. Former Maryland Governor Martin O’Malley was in Independence, Dubuque, and Clinton.

As is our family’s custom, I took the kids to the Windsor Heights parade this afternoon. It’s one of the smaller parades in the Des Moines area, which explains the relatively sparse presidential campaign presence. On the Republican side, Louisiana Governor Bobby Jindal was there; he also walked the Urbandale parade route earlier in the day. A few volunteers handed out stickers for Ben Carson, and I didn’t see any other GOP campaigns represented. On the Democratic side, Hillary Clinton’s campaign had a small presence; apparently more supporters walked for her in Waukee.

U.S. Representative David Young (IA-03) was working the crowd along the parade route. One of his potential Democratic challengers, Desmund Adams, mingled with Windsor Heights residents before walking the Waukee parade.

This is an open thread: all topics welcome. After the jump I’ve enclosed a few photos from the Windsor Heights parade, including one wildflower shot, inspired by the Iowa Natural Heritage Foundation. I also posted the roll call from the Iowa House vote in May to approve the fireworks legalization bill. That legislation split both the Democratic and Republican caucuses.

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Branstad insists on keeping administrative law judges "at-will," easier to fire

Not for the first time and probably not for the last time, Governor Terry Branstad dropped a lot of line-item vetoes late in the afternoon before a holiday weekend. Early news reports are understandably focusing on the vetoes of one-time funding for K-12 education and state universities, as well as language that would have kept mental health institutions in Clarinda and Mount Pleasant open. Bleeding Heartland has a post in progress about the fallout from those actions and others, including Branstad’s decision to strike language that would have expanded child care assistance.

Democratic State Representative Sharon Steckman called attention to several other line-item vetoes that flew below the radar yesterday. One of them seems particularly important, as it could put the State of Iowa at odds with U.S. Department of Labor demands to “strengthen Iowa’s compliance with Federal law” and keep administrative law judges “free from actual or perceived intimidation.”

JULY 6 UPDATE: The vetoed language pertained to administrative law judges working for the Public Employment Relations Board, not Iowa Workforce Development; see further details below.

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Weekend open thread: Hostile environments

I was planning to compile presidential candidate reactions to this week’s two big U.S. Supreme Court decisions for the weekend thread, but this disturbing feature for the Kansas City Star derailed my plans. Jason Hancock and Steve Kraske report on a pervasive hostile work environment for women at the Missouri Capitol. I’ve posted a few excerpts below, but you need to click through and read the whole piece, which explores the toxic culture fueling the harassment and lack of accountability.

Too many women working at the Iowa statehouse have had similar experiences. I’ve heard some appalling stories in private communications, and no, it’s not a partisan problem. My impression is that over the last 15 to 20 years, the work environment at the Capitol in Des Moines has improved, and sexual harassment is no longer as prevalent for Iowa legislative staffers as it is in Jefferson City, Missouri. That said, if even half of what Kirsten Anderson alleged in court filings is true, the culture at the Iowa statehouse is far from where it needs to be.

For a politically-engaged young person starting a career, there can hardly be a more exciting job than working in a state legislature. I feel physically ill thinking of how many women have had powerful men ruin these potentially enriching experiences. Harassment can cause severe emotional trauma. One former Missouri legislative staffer told the Kansas City Star, “The best thing that ever happened to me was getting another job and leaving that building.” Hardly any of the perpetrators faced real consequences for their unethical (and in some cases illegal) conduct toward female interns or legislative employees.

Speaking of hostile environments, many social conservatives appear to be hunkering down in a siege mentality following Friday’s Supreme Court decision on marriage equality. I am continually baffled to see how opinion leaders on the Christian right are so eager to view themselves as persecuted minorities. No church will be forced to officiate or recognize a same-sex marriage, any more than the Catholic Church has been forced to marry people who had civil divorces over the last five decades.

Some of the over-the-top reactions to the marriage ruling are laughable. But when you think about it, how unhealthy to convince yourself and your followers that religious Americans are now “vulnerable.” Christian martyrdom is still a tragic reality in some parts of the world, but fomenting paranoid ideas about the fate of American conservatives doesn’t benefit anyone. Check that: I can see how some people and corporations could profit from spreading fear that Christians are about to be persecuted on a mass scale and “Must Now Learn To Live as Exiles in Our Own Country.”

Having spent most of my life in metro areas where my fellow Jews made up less than 1 percent of the population, I’ve wondered what it would have been like to live in a larger Jewish community as a child. But one huge plus about growing up in Iowa was learning at an early age that the whole world wasn’t ever going to validate my religious perspective, nor did I need the mass culture to approve and promote my beliefs. I encourage disappointed social conservatives to learn that life lesson sooner rather than later.

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No single issue is worth risking the Iowa Senate majority

Shortly before the end of this year’s legislative session, former State Representative Ed Fallon announced “political action” to stop the proposed Bakken Oil Pipeline. He warned that if the Iowa House and Senate did not approve a bill to block the use of eminent domain for the project, he would organize and fundraise “to help defeat one or two Democratic Senators and one or two Republican Representatives” who oppose the bill.

On June 5, the Iowa House and Senate adjourned for the year without passing an eminent domain bill in either chamber. Last week Fallon confirmed that he is sticking to his goal of defeating one or two majority party members in both the House and Senate, adding that he had already raised $4,500 toward the cause.

All I can say is, count me out of that political crusade.

Come to think of it, I have a few more things to say on the subject.

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Branstad may veto part of budget compromise, open to special session on school funding

Governor Terry Branstad does not feel bound by spending compromises Iowa Senate Democrats and House Republicans made to end the 2015 legislative session, he told reporters yesterday. Democrats reluctantly agreed to most of the GOP budget targets in exchange for extra funding for education and other key programs in a $125 million supplemental spending bill. But last year, Branstad vetoed one supplemental spending bill in its entirety and item vetoed from other legislation some hard-fought increases in conservation funding. Similar action in the coming weeks would make an already disappointing session for Democrats even worse.

In more surprising comments yesterday, Branstad indicated that he hasn’t ruled out calling lawmakers back to Des Moines for a special session to set K-12 school funding for the 2016/2017 academic year. Under a 20-year-old state law, the Iowa House and Senate should have acted on that issue months ago, but in recent years House Republicans have refused to follow the timetable for giving school districts a year’s warning on state aid levels. As a result, administrators and school board members were forced to fly blind when adopting budgets for the 2015/2016 academic year. While I’m glad Branstad is back on board with following the law on school funding (he wasn’t always so inclined), I have trouble seeing how a special session could overcome House Republicans’ intransigence.

Follow me after the jump for more details from Branstad’s press conference.

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Anatomy of a rare and costly strategic error by Mike Gronstal

The Iowa legislature is wrapping up its work for this year with the usual frenzy of appropriations bills. Months of stalemate over K-12 education funding and social safety net programs ended late last week with a deal that gave Iowa House Republican leaders what they wanted on overall state spending ($7.168 billion) and “allowable growth” for local school district budgets (up by only 1.25 percent). A $125 million supplemental spending bill will allocate one-time money for K-12 schools and some other Democratic priorities.

It will take a while to sort through the wreckage and identify the good, bad, and ugly line items hiding in the appropriations bills for fiscal year 2016. Democrats can only pray that Governor Terry Branstad won’t veto the supplemental spending bill like he did last year.

What’s already clear: Republicans have many more reasons to celebrate. House Speaker Kraig Paulsen was all smiles about the budget deal, while Senate Majority Leader Mike Gronstal admitted candidly, “I think there’s plenty of disappointment to go around, but we fought long and hard for what we thought was important and I think we, in the end, had some success.” Speaking to reporters earlier this week, Gronstal noted, “If left to our own devices, we would pass a very different budget. But it is our duty to work together to come to common ground between the two sides.”

Why did this “common ground between the two sides” end up so much closer to the Republican negotiating position? Because months ago, Gronstal gave House leaders what they wanted on tax bills, without securing any concessions on spending. Even a brilliant politician can make a mistake.

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Are state laws in the cross-hairs of trade deals?

(Important points raised by the ranking Democrat on the Iowa House Environmental Protection Committee and a member of the National Caucus of Environmental Legislators. - promoted by desmoinesdem)

By STATE REP. CHUCK ISENHART, Dubuque

For two years, along with other state legislators, I have waved yellow flags about the Pacific and European trade deals being negotiated by the Obama Administration.

As Congress moves to give the president authority to “fast-track” trade treaties with other nations — meaning Congress would give up its ability to change the agreements — those flags are turning red.

Why do state legislators care? Proposed language in the Trans-Pacific Partnership agreement could threaten our ability to enforce state laws. This undermines the 10th Amendment of the U.S. Constitution: “Powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States.” Congress may give the President the ability to effectively negotiate this amendment away.

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Episode 3: Revenge of the Bully Bill

(Thanks for the update on one of the governor's top priorities for this year's legislative session. Natewithglasses previously discussed the proposed bullying bill here. - promoted by desmoinesdem)

As the Iowa Legislative Session comes to a close (or maybe not…) – one of Governor Branstad's top priorities is struggling to stay alive.  Bullying prevention efforts have gained bipartisan support over the last few years as leaders from both parties have heard the demands of their constituents for more work to be done protecting Iowa's kids.  Let's take a look at this year's bullying bill and what happened to a policy item that every major education organization and several other leaders in school issues supported.  

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Campaign Advice

(Excellent tips for anyone considering running for the Iowa House or Senate. The author is married to State Representative Art Staed.   - promoted by desmoinesdem)

So you want to run for political office?

I’m going to assume that you’re sincere in your professed desire to Make A Difference, and that you truly believe you can Do Better Than the Other Guy/Gal. You seem knowledgeable and eager to get to work. Still, I have some questions for you.

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Ed Fallon arrested after sit-in at governor's office over Bakken pipeline (updated)

Former state lawmaker Ed Fallon is in police custody tonight after he refused to leave Governor Terry Branstad’s office at the close of business today. Fallon went to the governor’s office this afternoon demanding a meeting to discuss “eminent domain legislation that would help landowners along the path of the Bakken Oil Pipeline.” More details are in a press release I’ve enclosed after the jump. Branstad’s legal counsel Michael Bousselot came out to talk with Fallon, who insisted on a meeting or phone conversation with the governor himself. Brianne Pfannenstiel reported for the Des Moines Register,

When the statehouse closed at 5 p.m., Iowa State Patrol troopers approached Fallon and asked if he would be willing to leave, or be arrested for criminal trespassing. Fallon declined to leave, so he was escorted out of the building and arrested outside.

A supporter posted on Facebook this evening that Fallon has a “jail support team attending to all his needs” and “will probably be released sometime tomorrow.” When Fallon served in the Iowa House from 1995 through the 2006 session, land use issues were a focal point of his legislative efforts. During and since that time, Fallon has opposed various proposals to use eminent domain to seize farmland for use in for-profit ventures. Earlier this year, he walked from the southeast corner of Iowa to the northeast corner along the proposed pipeline route to raise awareness and mobilize landowners and others who oppose the project. The No Bakken website and Facebook page represent a coalition of some two dozen non-profit groups that oppose the project.

The eminent domain bill Fallon wants Branstad to support is Senate File 506 (previously Senate Study Bill 1276), which passed the Iowa Senate Government Oversight Committee on May 6 with support from Democratic State Senators Rob Hogg, Brian Schoenjahn, and Kevin Kinney, and Republican Jack Whitver. Branstad warned state lawmakers in January not to “get politics into this” debate over the pipeline. The governor wants to leave the decision to the Iowa Utilities Board, which is considered likely to approve the pipeline. The Sierra Club Iowa chapter plans to fight the project before every state and federal agency that would be involved.

UPDATE: Fallon was released from jail the same evening he was arrested. In a press release I’ve posted below, he says he’s due in court on May 27 and hasn’t decided “what legal route to take yet.”

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Branstad's plans on Medicaid, mental health facilities unpopular as well as unwise

Governor Terry Branstad is forging ahead with some major policies he didn’t campaign on last year, oblivious to concerns about the impact on Iowa’s Medicaid recipients and people served by two mental health institutions the governor wants to close.

According to Public Policy Polling’s latest Iowa survey, the governor’s plans are deeply unpopular.

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Public's Business in the Public's House

(Excellent commentary on the controversy Susan Staed discussed here. - promoted by desmoinesdem)

A little Iowa House dustup surfaced in social media last week. Susan Staed, who clerks for her husband, Rep. Art Staed, reported on her Facebook page and on Bleeding Heartland about complaints from the chief clerk of the House that she was taking pictures from the House floor – in violation of a House rule.

Seems the House has a seldom-enforced rule that – while photos may be taken from the gallery or press box at virtually any time – they may not be taken from the House floor without permission of those in the photo, and never during a vote.

My, aren’t we sensitive.

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Say Cheese

(I've never heard of this Iowa House rule before. Supposedly clerks for other House Democrats have also been hassled recently after posting photos on social media.   - promoted by desmoinesdem)

When I was a child, I hated getting my picture taken. An infamous family photo taken at an older sister’s wedding is of the entire family grouped together, grinning for the professional photographer – except 10-yr-old me. I have a scowl on my face big enough to scare away the Dalai Lama. Not sure how old I was before I quit hiding when mom or dad yelled, “Family picture time!”, but eventually I overcame the low self-esteem and painful shyness that dominated adolescence.

40 years later, it’s more than a little ironic that one of my duties as Art’s clerk is to photograph his legislative day. After winning re-election, Art decided to document the process involved in how our laws are made. This means a gazillion pictures of meetings with constituents one-on-one, pictures of group meetings, pics of sub-committees, full committees, and ultimately pictures of House debate.

Last week, after taking pictures of various representatives during floor debate on education, I returned to my seat next to Art’s. The Chief Clerk came out of the Well (rather unusual during floor action, but House Leadership told her not to wait), up to my desk and told me not to take pictures of individual reps unless I had their permission – per House Rules.

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Schools paying the price for Iowa legislative dysfunction

Nearly a week after the deadline for school districts to certify their budgets for the coming year, Iowa lawmakers are still not close to a deal on K-12 education funding. Some 300 teachers have been laid off in anticipation of no increase or only a minimal increase in state aid.

Statehouse Republicans who are resisting the obvious compromise on school funding claim Iowa doesn’t have the money Democrats want to spend on K-12 schools, let alone the amount educators asked for. Reality: money could be found for an adequate increase in state aid to schools if not for an expensive commercial property tax cut lawmakers approved two years ago, adding some $277 million in fiscal year 2016 alone to other costly tax breaks for Iowa business interests.  

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Shorter Terry Branstad: It's good to be the king

Governor Terry Branstad made a remarkable claim at his latest press conference: because “the people of Iowa elected me to reduce the size and cost of government,” he has the authority to “make tough decisions” on closing state-run mental health facilities and reorganizing Medicaid services for more than half a million Iowans.

To justify his position, Branstad channeled President Harry Truman: “The buck stops with me.” But his view of governance reminds me more of Mel Brooks in the movie “History of the World, Part 1”: “It’s good to be the king.”

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Weekend open thread: Iowa marriage equality anniversary edition

Happy Passover or Happy Easter to all who are celebrating this weekend. In past years Bleeding Heartland has posted links about those religious holidays. For today’s open thread, I’m reflecting on the Iowa Supreme Court’s Varnum v Brien ruling, announced on April 3, 2009.

Lambda Legal, which represented the Varnum plaintiffs, published a timeline of the case. The LGBT advocacy group filed the lawsuit in December 2005, banking on the Iowa Supreme Court’s “extraordinary history” of independence and “civil rights leadership.”

If Iowa lawmakers had approved a state constitutional amendment on marriage, the Varnum case might never have been filed (in anticipation of Iowans approving a ban on same-sex marriage, as voters had done in many other states). But during the 2004 legislative session, the marriage amendment failed by one vote in the upper chamber, thanks to the united Senate Democratic caucus, joined by GOP senators Maggie Tinsman, Don Redfern, Mary Lundby, and Doug Shull. All four Republican moderates had left the legislature by the time the Iowa Supreme Court ruled on Varnum. Redfern retired in 2004. Tinsman lost her 2006 primary to a social conservative challenger. Shull retired from the Senate in 2006 and unsuccessfully sought a seat in the state House that year. Lundby retired from the legislature in 2008 and passed away the following year.  

Reading through the early Democratic and Republican reaction to the Varnum decision should make all Iowa Democrats proud. Senate Majority Leader Mike Gronstal and former House Speaker Pat Murphy deserve credit for their leadership at a time when some Democrats would have run for cover on an issue perceived to be unpopular. Minority civil rights should never be conditional on majority approval.

As for the Republicans in the Bleeding Heartland community, you can be proud that your party’s state legislators seem less and less interested in fighting the losing battle to restrict marriage to heterosexual couples.

Three of the seven justices who concurred in Varnum v Brien (Chief Justice Marsha Ternus, Justice David Baker, and Justice Michael Streit) lost their jobs in Iowa’s 2010 retention elections. Justice David Wiggins survived a campaign against his retention in 2012. The remaining three justices who concurred in the decision are up for retention in 2016: Chief Justice Mark Cady (author of the ruling), Justice Daryl Hecht, and Justice Brent Appel. It’s not yet clear whether Bob Vander Plaats and his fellow-travellers will make a serious effort to remove them, or whether they will give up in the face of Iowans’ growing acceptance of marriage equality.

The LGBT advocacy group One Iowa holds an annual gala around the anniversary of the Varnum ruling. Last night the group honored Iowa Senate President Pam Jochum and Des Moines Register columnist Rekha Basu, among others. I enclose below a statement from the group marking six years since gay and lesbian couples won the freedom to marry in Iowa.

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Quit stalling and make a deal on Iowa school funding

Iowa legislative leaders like to boast about how well they work together, in contrast to the “gridlock” seen in Washington when different parties controlled the upper and lower chambers of Congress.

Yet Iowa lawmakers can be remarkably slow to move toward obvious solutions to some disagreements. Less than two weeks before school districts need to adopt budgets covering the 2015/2016 academic year, Iowa House Republicans and Senate Democrats are nowhere close to a deal on K-12 school funding. What is their problem?  

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Study shows distractions cause 6 in 10 crashes involving teen drivers

After analyzing video data from roughly 1,700 crashes, University of Iowa researchers determined that “distracted driving contributes to nearly 60 percent of car crashes involving teen drivers” between the ages of 16 and 19. That’s a far higher figure than previous studies have indicated. The findings are significant because although teenagers drive less than most other age groups, “their numbers of crashes and crash deaths are disproportionately high.”

The full report, “Using Naturalistic Driving Data to Assess the Prevalence of Environmental Factors and Driver Behaviors in Teen Driver Crashes,” is available here (pdf). Some highlights are here and after the jump, along with more details about the methodology.

Interacting with passengers in the car and talking or texting on a cell phone were among the most common distractions preceding teen driver crashes. Proposed legislation to ban most cell phone use while driving did not make it through the Iowa legislature’s “funnel” this year, so it’s up to parents to help address the problem by voluntarily not texting or carrying on phone conversations while they drive.

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August 23 to be set as earliest start date for most Iowa schools

A bill prohibiting school districts from starting the academic year before August 23 is on its way to Governor Terry Branstad, who has indicated that he can accept the compromise. UPDATE: The governor signed the bill on April 10.

The school start date issue has taken up a lot of oxygen at the statehouse this legislative session, despite a lack of evidence that the timing of the academic year affects Iowa’s tourism sector in any meaningful way. Follow me after the jump for details on Senate File 227‘s journey through the legislature, including how Iowa House and Senate members voted on different versions of the bill.

The governor’s determination to use state power to supersede decisions reached independently by more than 300 school boards and superintendents is yet another example of the Branstad administration’s disregard for local control in many policy areas. For my money, that’s one of the most under-reported Iowa politics stories of the last five years.

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School Start Dates Have Nothing to Do With Tourism

(Not the first time and won't be the last that Iowa lawmakers get bogged down in a dispute based on a false premise. Click here to read the full text of the school start date bill and here for the bill history, which shows how it changed from the Iowa Senate version to what passed the House. - promoted by desmoinesdem)

Dave Swenson 
 
We have a debate in the Iowa Assembly on constraining early school starts.  It arose after the Iowa Department of Education indicated it would no longer routinely approve school starts prior to the week containing the 1st day of September.  Governor Branstad weighed in as well indicating that early start dates negatively affected attendance at the State Fair and threatened tourism.   School districts squawked, and the legislature weighed-in. The current Iowa House bill wants no starts prior to the 23rd of August, which is around the time when the State Fair typically ends.  The Iowa Senate would allow districts to set school dates based on their localized preferences. Reconcilliation is in order.
 
Without citing any evidence at all, school start dates and tourism were pitted to be at odds with each other.  But it is a phony argument: there is no evidence that early start dates interfere in any meaningful sense with the Iowa State Fair or with any other tourism activity in Iowa.   
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Heather Matson challenging Kevin Koester in Iowa House district 38

Heather Matson announced today that she will run for Iowa House district 38 in 2016. To my knowledge, she is the first Democratic challenger to declare against an Iowa House incumbent.

The district should be competitive, and Matson and four-term State Representative Kevin Koester each bring strengths to the campaign. After the jump I’ve enclosed a district map, recent election results and voter registration data, and background on both candidates.

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Weekend open thread: Ross Paustian "Sex After Sixty" edition

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

The most important Iowa political story of the week was state Republican leaders hounding consultant Liz Mair out of a job with Scott Walker’s PAC. Colin Campbell compiled Mair’s tweets about the episode for Business Insider, and they are well worth reading. I’m still annoyed by the collective Republican temper tantrum and the Des Moines Register’s pandering.

A different Iowa political event drew even more attention, though, including a segment on ABC’s Good Morning America show. The fateful photo of Republican State Representative Ross Paustian might have been a footnote to a long Iowa House debate on a collective bargaining bill. But because the lawmaker was apparently reading a book called Sex After Sixty, the photo went viral and could easily become what Paustian is most remembered for when his political career is over. I enclose below background, Paustian’s explanation and a few thoughts on the sometimes cruel nature of politics.

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Same-sex marriage ban dies without a whimper in Iowa House

Following up on this post from last month, the latest version of a state constitutional amendment restricting marriage to one man and one woman in Iowa is dead for this legislative session. House Joint Resolution 4 didn’t make it so far as a subcommittee hearing, let alone passage by a full committee before the “funnel” deadline late last week.

Iowa House Judiciary Committee Chair Chip Baltimore never assigned the bill to any subcommittee. When I asked him about the status of the bill on February 24 (a month after the bill was introduced), Baltimore’s response was telling.

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Two ways 40,000 Iowans could lose their health insurance

At least 40,000 Iowans are in danger of losing their health insurance later this year, and not only because of the King v Burwell case before the U.S. Supreme Court. Regardless of how justices decide that case, Iowans could lose access to federal subsidies they need to buy insurance policies.

State legislators and Governor Terry Branstad could eliminate the risk by working together to establish a fully state-run health insurance exchange this year. But for reasons I can’t comprehend, I see no sense of urgency to prevent a potentially devastating outcome for thousands of families.  

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Gas tax fallout: Eric Durbin challenging Clel Baudler in Iowa House district 20

Many Iowa GOP activists are upset that dozens of House and Senate Republicans voted to increase the gasoline tax this week. WHO drive-time radio host Simon Conway has been bashing some legislators who voted for the gas tax hike. He’s also urging listeners to “ditch the GOP” by changing their party registration.

Such symbolic acts mean little to compared to what Eric Durbin did yesterday. Appearing on Conway’s Thursday afternoon broadcast, he announced that he will challenge nine-term incumbent GOP State Representative Clel Baudler in Iowa House district 20. Durbin narrowly lost the GOP primary in House district 26 last year, but he recently moved his family from Indianola to a farm in Baudler’s district. His campaign is on Facebook here; at this writing, the website still lists House district 26, which covers most of Warren County. I assume that will be changed soon. Durbin’s core issues hit many of the top priorities for conservatives.

House district 20 covers Guthrie and Adair counties, plus parts of Dallas and Cass counties. A detailed map is after the jump. According to the latest figures from the Iowa Secretary of State’s office, House district 20 contains 4,629 active registered Democrats, 6,471 Republicans, and 7,490 no-party voters. Although Mitt Romney just barely carried this district in the 2012 presidential election, Baudler was re-elected by more than a 2,000 vote margin that year and last November. For those reasons, Baudler is probably at more risk from a primary challenger than from a Democrat in the next general election.

Among the longest-serving Iowa House Republicans, Baudler was first been elected in 1998. He has chaired the House Public Safety Committee since 2011. Although he’s a longtime member of the National Rifle Association’s board of directors, Baudler drew the ire of some Iowa gun rights activists by not advancing a gun bill during the 2012 legislative session. Nevertheless, he didn’t face a primary challenger either that year or in 2014. The Iowa Gun Owners group will likely get behind Durbin’s primary challenge. I wonder whether anti-tax groups like Iowans for Tax Relief and Americans for Prosperity will do much to punish the incumbents who went against them on the gas tax issue.

Any relevant comments are welcome in this thread.

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Iowa Senate approves bills on wage theft, minimum wage increase

While the gasoline tax increase grabbed most of the attention, the Iowa Senate approved two other significant bills on Tuesday. Senate File 270 would combat Iowa’s wage theft problem, estimated to cost workers about $600 million annually. After the jump I’ve enclosed State Senator Bill Dotzler’s opening remarks on the bill, which cover its key provisions. Victims of wage theft testified at an Iowa Senate hearing in late January, and when you hear their stories, it’s hard to understand why this remains a partisan issue.

It makes sense when you read the lobbyist declarations on the bill, showing various labor groups in favor and business groups opposed (including the Iowa Association of Business and Industry, the National Federation of Independent Business, the Iowa Retail Federation, the Iowa Grocery Association, and the Iowa Propane Gas Association). During the Senate Labor and Business Committee’s hearing on wage theft, GOP Senator Rick Bertrand had criticized the idea of forcing more “paperwork” on all Iowa businesses because a minority are stealing wages from workers. Democrats later incorporated some amendments suggested by Bertrand. Nevertheless, the final vote on Senate File 270 was strictly partisan, with 26 Democrats in favor and 23 Republicans against. Senators approved a similar bill last year, also along party lines. It died in the Iowa House.

Senate File 269, which would raise Iowa’s minimum wage from $7.25 to $8.00 this year and to $8.75 next year, cleared the Iowa Senate on February 24 as well. This time Bertrand joined the 26 Democrats in voting for the bill; the other 22 Republicans who were present opposed it. For the last couple of years, many Democrats nationally and in Iowa have endorsed a minimum wage of $10.10.  I assume Senate File 269 set a lower goal in the hope of attracting bipartisan support, but I would have stuck with $10.10. Not only is that closer to a living wage, it’s closer to the purchasing power of Iowa’s minimum wage the last time it was raised in early 2007.

Incidentally, only three of the current Iowa Senate Republicans were in the legislature when Iowa last raised the minimum wage in 2007. Of those, David Johnson voted for raising the minimum wage to $7.25, while Brad Zaun and Jerry Behn voted against it.

Republican statehouse leaders have no interest in raising the minimum wage now, but when a minimum wage increase came to a vote in 2007, it passed with huge bipartisan majorities in both chambers. At that time, supporters included nine current Iowa House Republicans: Kraig Paulsen (now Iowa House Speaker), Linda Upmeyer (now Iowa House Majority Leader), Clel Baudler, Dave Deyoe, Cecil Dolecheck, Jack Drake, Dan Huseman, Linda Miller and Dawn Pettengill (she was a House Democrat at that time but switched to the Republican Party later in 2007). Seven of the current Iowa House Republicans voted against raising the minimum wage to $7.25 in 2007: Greg Forristall, Pat Grassley, Tom Sands, Chuck Soderberg, Ralph Watts, Matt Windschitl, and Gary Worthan.  

Any relevant comments are welcome in this thread.

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Branstad signs gas tax hike, immediately calls for expediting new lane construction

This morning Governor Terry Branstad signed Senate File 257, which raises the state gasoline tax by 10 cents a gallon and includes several other provisions related to transportation funding, permit fees, and fuel taxes. The Iowa House and Senate just approved the bill yesterday, with substantial bipartisan support and opposition in both chambers.

Gas tax revenues go into Iowa’s Road Use Tax Fund, which distributes money among state, county and local governments according to a set formula. Because Iowa lawmakers did not incorporate any  “fix it first” language in Senate File 257, I remain concerned that the bulk of the new money will be spent on new road construction or building new lanes on existing roads, rather than on fixing the crumbling infrastructure that was cited to justify this tax increase. Branstad already signaled as much this morning:

Branstad said having the tax hike go into effect March 1 means the state will collect more fuel taxes than expected in the last four months of the state fiscal year – and the starting date for some road and bridge projects may be moved up.

“Highway 20 is one of those that has been around for a long time and we want to see that completed and moved up,” Branstad said, “and this is a way that hopefully that and other key projects can get priority and be expedited.”

The project to expand all 300 miles of the Highway 20 route from Dubuque and Sioux City into a divided four-lane highway began 50 years ago. Branstad told reporters this morning that he’s recently talked with the Iowa DOT’s director about speeding up the Highway 20 project.

Current Road Use Tax Fund revenues fall an estimated $215 million short of what Iowa needs annually to maintain existing infrastructure. According to the fiscal note produced by the non-partisan Legislative Services Agency, Senate File 257 will bring in a little more than $200 million in additional funds each year for the next several years. Money spent on new roads or new lanes on roads like Highway 20 won’t help us catch up with ongoing maintenance needs. How many structurally deficient bridges won’t be fixed because four-laning Highway 20 was expedited? The same dynamic could play out in many counties and local governments too, because new roads or road expansions are often seen as better economic development than fixing a road or bridge that’s in bad shape.

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Iowa Senate, House approve gas tax increase

A bill that would raise Iowa’s gasoline tax by 10 cents a gallon is on its way to Governor Terry Branstad’s desk after approval today by both chambers in the Iowa legislature. The Iowa Senate passed Senate File 257 this morning by 28 votes to 21. Sixteen Democrats and twelve Republicans voted for the bill, while ten Democrats and eleven Republicans opposed it. Senate Majority Leader Mike Gronstal had reportedly insisted on at least half the GOP caucus supporting a gas tax increase as a condition for bringing the bill to the floor.

A few hours later, the Iowa House took up the Senate bill (rather than the bill that cleared two House committees last week). Thirty Republicans and 23 Democrats voted yes, while 26 Republicans and 20 Democrats voted no.

Only two state legislators missed today’s votes: Republican State Senator Mark Chelgren and Republican State Representative Chip Baltimore. Baltimore voted against the House version of this bill in committee last week, while Chelgren doesn’t serve on the committees that approved the bill in the Senate. Chelgren appears to have been absent for all of today’s votes, while Baltimore was at the Capitol but left the chamber when the gas tax bill came up. Speaking to reporters later, he tried to make a virtue out of his absence: “I refuse to legitimize either the bill or the process with a vote.” Weak sauce from a guy who is widely expected to seek higher office someday.

Conservative groups are urging Branstad to veto Senate File 257, but that seems unlikely, given the governor’s recent comments on road funding. Branstad’s spokesman said today that the governor will carefully review the final bill before deciding whether to sign it.  

After the jump I’ve enclosed the roll call votes in both chambers, as well as Senate Transportation Committee Chair Tod Bowman’s opening remarks this morning, which summarize key points in Senate File 257.

Final note: several of the “no” votes came from lawmakers who may face competitive re-election campaigns in 2016. Those include Democrats Chris Brase (Senate district 46), Steve Sodders (Senate district 36), and Mary Jo Wilhelm (Senate district 26), and Republicans Dennis Guth (Senate district 4) and Amy Sinclair (Senate district 14).

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Iowa legislative state of play on raising the gas tax

Iowa House and Senate members have taken several steps toward raising the state gasoline tax for the first time since 1989. Follow me after the jump for details on where the legislation stands and the latest signals from the governor.

One big political question was answered today, as House Speaker Kraig Paulsen not only endorsed the gas tax bill but personally intervened to make sure it would clear the House Ways and Means Committee. His support may bring some reluctant House Republicans on board. Conservative advocacy groups such as Americans for Prosperity and Iowans for Tax Relief are pushing hard against any gas tax increase. Governor Terry Branstad or Iowa Senate Minority Leader Bill Dix appear ready to back this bill but may need to spend more political capital to get it passed.

Two important policy questions remain unanswered. First, what will be done to lessen the blow on low-income Iowans, who would be disproportionately affected by any increase in a regressive tax? Iowa’s tax system is already stacked against people with lower incomes.

Second, will the gas tax hike turn out to be a giant bait and switch? From business groups to road builders to heavyweights in the agricultural sector, advocates of a tax increase cite the poor condition of many Iowa roads and bridges. However, to my knowledge the pending legislation would not guarantee that any new Road Use Tax Fund revenues from gasoline taxes or vehicle fees be spent on repairing torn-up roads or structurally deficient bridges. Unless “fix it first” language or a change to the funding formula is added to the bill, the lion’s share of additional revenues from a gas tax hike could go toward building new roads or new lanes on existing roads, such as U.S. Highway 20 in northwest Iowa or any number of local “economic development” projects. If crumbling roads and bridges are used to justify a gas tax hike, lawmakers should stipulate that most of the new money raised would go toward existing infrastructure rather than new roads and lanes, which only increase future maintenance costs.  

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Department of strange omissions

UPDATE: The day after this post appeared, Iowa House Speaker Kraig Paulsen yanked Highfill from the Ways and Means Committee.

Did anyone read Josh Hafner’s feature on Republican State Representative Jake Highfill in Sunday’s Des Moines Register? The gist was that Highfill, the youngest current Iowa House member at age 24, has grown into his job as state legislator. He now feels “mature, more confident, he said, like he has a handle on the issues,” and his constituents aren’t bothered by his youth.

A few salient facts were missing from the profile.

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