# Iowa Senate



Two more Democrats support gun bill in final Iowa House vote

This afternoon the Iowa House approved the amended omnibus gun bill state senators approved earlier this week. House File 517 passed by 57 votes to 35, mostly along party lines. Four Democrats (Bruce Bearinger, Scott Ourth, John Forbes, and Tim Kacena) voted for the bill. Bearinger and Ourth also supported the legislation the first time it came before the House. They explained their reasoning in comments I published here. I have asked Forbes and Kacena why they changed their minds and will update this post as needed.

Only two Republicans voted against the gun bill today. Dave Heaton and Michael Bergan also opposed last month’s version. Heaton could not abide the provisions making it more difficult for local governments to keep guns out of public buildings. His district includes Mount Pleasant, where a fatal shooting occurred during a city council meeting three decades ago. I have not seen public comments from Bergan about this issue, but will update this post if he responds to my inquiry.

Before the final vote, House members debated the Senate amendment to House File 517. Bleeding Heartland discussed the changes to various provisions here. Democratic State Representative Mary Wolfe offered an amendment to the amendment, which would have delayed until July 1, 2018 the implementation of the section allowing Iowans to carry concealed weapons on the state Capitol grounds. Her thinking: while it’s “fine” to let law-abiding Iowans carrying handguns in Capitol, the legislature has a “responsibility to visitors to ensure all permits to carry [are] valid.” The bill calls for the Department of Public Safety to create a statewide verifiable uniform permit to carry, but that process will take much longer than three months. Wolfe pointed to the risk that Iowans without permits might take advantage of the current non-uniformity of carry permits issued by county sheriffs (some with no photo). The state legislature will be held liable “if innocent people are killed by a person who is allowed to carry” a gun in the Capitol building.

Wolfe’s amendment was ruled not germane, and her motion to suspend the rules to force a vote on it failed along party lines. After that, House members approved the Senate amendment by voice vote, leading to closing speeches and the 57-35 vote on final passage mentioned above.

Matt Windschitl, who floor managed House File 517, used part of his closing remarks to go on a riff about Iowans “being lied to.” I expected a diatribe against people like me, who have raised concerns about Stand Your Ground and local pre-emption language facilitating more homicides. But in a plot twist, Windschitl’s target was Aaron Dorr, the none-too-ethical leader of Iowa Gun Owners. That group claims to be “Iowa’s only No Compromise gun rights organization.” On the House floor (beginning around the 4:42:15 mark here), Windschitl hammered Iowa Gun Owners for taking credit for a bill they did nothing to advance. “You need and you deserve the truth. Aaron Dorr is a scam artist, a liar, and he is doing Iowans no services and no favors. I feel better now,” Windschitl said, just before moving for a final vote on his bill.

UPDATE: Forbes commented via e-mail on April 7, “There were several changes made in the Senate that improved the bill and led to my support. While it is still not perfect, the Senate changes give the Governor more flexibility to restrict weapons in emergency situations, adds more safeguards for kids, and adds new protections to keep people who have committed a firearms-related crime behind bars.”

Branstad/Reynolds claims on Medicaid "not matching reality"

Real-world data don’t match figures Governor Terry Branstad and Lieutenant Governor Kim Reynolds released yesterday in order to demonstrated the alleged “continued success of modernizing our state’s Medicaid program.”

April 1 marked a year since Iowa allowed three private insurance companies to manage care for more than half a million Medicaid recipients. The shift was disruptive for thousands of Iowans as well as for caseworkers and service providers, some of which went out of business. Reimbursement problems and cutbacks to care are still affecting many people, Chelsea Keenan reported in this retrospective on the first year of the policy.

Although privatization was supposedly designed to save money and bring predictability to the state budget, the Branstad administration agreed last fall and again in February to hand over millions more state dollars to the managed-care organizations (MCOs), unlocking some $225 million in extra federal funding for the corporations, which have much higher administrative costs than Iowa’s state-run Medicaid program did.

I enclose below the latest deceptive official statements about the “modernization,” along with a demolition fact-checking job by Democratic State Senator Liz Mathis. I’ve also included independent State Senator David Johnson’s reaction to what he called a “lousy, lousy” press release. While still a member of the Republican caucus during the 2016 legislative session, Johnson worked with Democrats trying to halt Medicaid privatization or at least provide stronger legislative oversight of the program.

The Iowa Hospital Association can’t substantiate the Branstad/Reynolds claims on hospitalization rates, Tony Leys reported yesterday for the Des Moines Register. Excerpts from that story are at the end of this post.

On a related note: thousands of Iowans who follow this issue closely are mourning Rhonda Shouse, who died unexpectedly in late March. I never met Rhonda in person, but we communicated through social media, and I admired her relentless advocacy on behalf of those adversely affected by Medicaid privatization. Keenan marked her passing in the Cedar Rapids Gazette, and Leys did so in the Des Moines Register. May her memory always be for a blessing.

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Republican strategy and divisive bills in the Iowa legislature

Matt Chapman wades into what is sure to be an intense debate over how Democrats should communicate with Iowans about this disastrous legislative session. -promoted by desmoinesdem

It’s no surprise that bills to regulate women’s rights and the gun omnibus were passed in the first week of April, right before the budget and when the end of session is looming.

These are very divisive laws, supported by the majority of the Republican base. The same folks who many of whom were hurt by laws stripping workers of bargaining rights, mandatory wage raises and even watering down workers’ compensation.

It will be interesting to see if this strategy works. My advice to anyone outraged by this session (and I acknowledge that it is too soon to do this now) would be to try to avoid the divisive issues. We have common ground with all workers in Iowa, and if we spend a lot of energy on guns or women’s rights, we will have a hard time trying to get change in our state.

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Iowa Senate passes major gun bill: what changed, plus debate highlights

Legislation to make sweeping changes to Iowa’s gun laws is headed back to the state House, after the Senate approved an amended version of House File 517 on Tuesday.

All 29 Senate Republicans voted for the bill, joined by Democrats Chaz Allen, Tod Bowman, Rich Taylor, and Wally Horn. The other sixteen Democratic senators and independent David Johnson voted against it. (Taylor and fellow Democrat Kevin Kinney had backed the bill in the Senate Judiciary Committee, but Kinney voted against final passage on the floor.)

Follow me after the jump for details on what changed and stayed the same in the omnibus gun bill, as well as highlights from the Senate debate.

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Using Iowa's property taxes to solve a non-existent problem

Johnson County Supervisor Kurt Friese weighs in on how the Republican voter ID bill, House File 516, will affect county budgets, and by extension property taxpayers. The bill is pending in the state House, after GOP senators passed a different version from the bill approved earlier in the lower chamber. -promoted by desmoinesdem

Voter fraud in Iowa, and more specifically voter impersonation, is so statistically insignificant that it is essentially non-existent. It has zero impact on the outcome of our elections. None. Nada. Zip. Bupkis.

Requiring voters to show ID at their polling place accomplishes exactly nothing to protect the integrity of the election. There is one thing it does accomplish, however: lower voter turnout, especially among minorities and the elderly. That is among the reasons why the Supreme Court blocked North Carolina’s version of the law ahead of last fall’s general election, and why it would likely do so with the Iowa proposal.

Before it comes to that, though, House File 516 will raise your property taxes in order to solve a non-existent problem.

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Weekend open thread: Iowa legislative news roundup

The Iowa legislature’s second “funnel” deadline passed on March 31. In theory, aside from appropriations bills, any legislation that hasn’t yet cleared one chamber and at least one committee in the other chamber is no longer eligible for consideration for this year. However, leaders can resurrect “dead” bills late in the session or include their provisions in appropriations bills. The Des Moines Register’s William Petroski and Brianne Pfannenstiel reviewed important bills that did or did not make it through the funnel. James Q. Lynch and Rod Boshart published a longer list in the Cedar Rapids Gazette.

This paragraph caught my eye from the Register’s story.

Senate Majority Leader Bill Dix, R-Shell Rock, said everything that lawmakers are doing is a reflection of learning from states where prosperity is occurring as a result of business-friendly policies. That formula includes low-cost government, innovative public services, and easing regulatory burdens on businesses to spur job creation and to allow Iowa companies to compete in a global marketplace, he added.

Not so much: Republicans following a similar playbook drove Kansas and Louisiana into the ground. Wisconsin has performed poorly in employment growth, poverty reduction, household income, and wages compared to neighboring Minnesota, where corporate interests didn’t capture state government.

This is an open thread: all topics welcome. I enclose below links and clips about bills I haven’t had time to write about yet. Two are “business-friendly” policies that will hurt Iowans suffering because of exposure to asbestos or medical malpractice. One would make local governments and first responders less accountable by excluding all “audio, video and transcripts of 911 calls involving injured victims of crimes or accidents” from Iowa’s open records law.

Quick update on House File 484, the bill to dismantle the Des Moines Water Works: once seen as almost a sure thing due to covert support from the Iowa Farm Bureau, the bill was on the House debate calendar for many days in March but never brought to the floor. Majority Leader Chris Hagenow put House File 484 on the “unfinished business” calendar on March 30, after House Republicans voted down a Democratic motion to exclude it from that list.

Opponents of the Water Works bill have become more confident lately, as several GOP representatives and senators have said privately they oppose the legislation. In addition, a Harper Polling survey commissioned by the Water Works showed that 68 percent of respondents oppose disbanding independent water works boards in Des Moines, West Des Moines, and Urbandale in order to give city councils control over the water utility. The same poll indicated that by a 55 percent to 23 percent margin, respondents said an independent board of trustees rather than the city council is “best qualified to manage your local water utility.” By an 88 percent to 5 percent margin, respondents said “people who live in the community” and not the state legislature should have “the final say” on municipal utilities. No one should be complacent, because powerful forces are behind this legislation. Republican leaders could attach Water Works language to must-pass budget bills.

P.S.- The legislature is supposed to wrap up its business this month and adjourn for the year before the end of April. I suspect that even with unified Republican control, the session will go into overtime. Lawmakers haven’t finalized budget targets for the 2018 fiscal year yet. With less money to go around following the recent downgrade in revenue forecasts, and legislators of both parties calling for a review of increasingly expensive tax credits and exemptions, I expect several more weeks of behind the scenes negotiations before the House and Senate are ready to approve appropriations bills.

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Senate education omnibus bill awaits House vote

Randy Richardson, a former teacher and retired associate executive director of the Iowa State Education Association, provides his personal assessment of a bill that has flown below the radar. -desmoinesdem

It’s a jab, a right cross, a left hook followed by a right uppercut. That’s how it seems for educators in Iowa since the General Assembly convened in January. The most recent blow came almost one month ago when Senator Amy Sinclair introduced Senate Study Bill 1137 in an education subcommittee meeting. That bill eventually became Senate File 475, the Education Omnibus Bill. The bill has passed the Senate with limited support from Democrats and now sits in the House awaiting debate and a vote.

The thirteen page bill, carefully divided into seven divisions, contains a lot of items that educators hate and very little that would be considered redeeming.

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Iowa Democrats, talk less about ALEC and more about people's lives

Thousands of Iowans will suffer brutal consequences from the two major bills Republican senators approved Monday. House File 295 blocks local governments from raising the minimum wage. Once Governor Terry Branstad signs the bill, thousands of people working in Linn, Johnson, and Wapello counties will get an immediate pay cut. Some 25,000 people in Polk County will be stuck earning $7.25 an hour, instead of getting a raise to $8.75, beginning next week. House File 518 will make it harder for employees to file workers’ compensation claims and will vastly reduce benefits for those who do qualify, especially anyone with a shoulder injury.

Both bills passed on party-line 29-21 votes after Republicans had rejected every effort to mitigate the harm done to working people.

As each Democratic amendment went down during hours of debate on the Senate floor, feelings of sadness, disgust and anger came through in the speeches of some Democrats and independent State Senator David Johnson. Why are you doing this, several asked their GOP colleagues. You don’t have to follow your floor manager, some pleaded. You can reject the “shameful” attempt to target poor people or those affected by life-altering workplace accidents.

Another dismal day in the Iowa legislature provoked an outpouring on social media, where progressive activists have mobilized this year in response to the Republican agenda. A measurable wave of “greater grassroots activism on the political left” is one of the few bright spots in the national landscape. In Iowa too, ordinary people are contacting their state lawmakers in record numbers and showing up to challenge them at district forums.

Watching these discussions unfold, I’ve noticed a reflexive tendency to blame one destructive Iowa GOP bill after another on the Koch brothers or the American Legislative Exchange Council. The more Democrats make the conversation about Koch money or ALEC, the easier it is for Republicans to avoid talking about the real-world consequences of their actions.

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Peter Cownie won't say who suggested worst workers' comp proposals

The Iowa House has already approved and the Senate will consider today the most sweeping changes to our workers’ compensation system in decades. The legislation would disadvantage injured workers in many ways. Three points in the initial Republican proposal have drawn the most intense criticism from employee advocates who spoke to journalists, published commentaries, testified at a public hearing, or reached out directly to state lawmakers:

• Shifting the burden of proof by forcing employees filing a claim to show workplace activity was the “predominant” factor in an injury;

• Cutting off benefits for most injuries at age 67, which would discriminate against older workers; and

• Classifying shoulder injuries as “scheduled member” rather than “body as a whole” injuries, language seen as a gift to meatpacking companies because it would “drastically” reduce benefits.

Those provisions were so widely acknowledged to be unjust that Republicans amended them before passing House File 518. GOP State Senator Charles Schneider has said he and other colleagues favor changing the same three sections of the Senate version.

How did such cruel ideas come before the legislature to begin with? Hoping to find out, I turned to State Representative Peter Cownie, who introduced the workers’ compensation bill in his capacity as House Commerce Committee chair.

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Absurd reasoning in action as Iowa Senate approves voter ID bill

Matt Chapman covers yesterday’s Iowa Senate debate on the voter suppression bill. John Deeth explained the key points of a Republican amendment changing that bill in several important ways. -promoted by desmoinesdem

On Thursday the Senate passed along party lines the controversial voter ID bill, House File 516, and sent it to the House for approval.

Forget about Democratic amendments to accept other forms of ID such as Social Security, Medicaid or Medicare cards. Republicans voted that down.

Forget about the amendment that would restore the early voting window to the current 40 days instead of 29 days. Republicans voted that down.

Forget about the amendment that would remove the need for signatures to be examined by poll workers, which will reduce access to the polls by creating long lines and the potential for biased decision making by poll workers.

And forget about the provision that would allow two persons in the booth, since we only print ballots in English, and non-native speakers may need help understanding the ballot.

And forget about the claim that provisional ballots will be provided if you have no ID. You will have 48 hours to show up at your auditor’s office with a photo ID anyway.

And forget about the fact that the education and contacting of eligible voters is woefully underfunded.

But don’t forget about Senator Nate Boulton’s comments during closing arguments, or those of other senators disgusted by social injustice. (You should go to the archived footage and watch.)

All you need to know about the validity of the reasoning behind this bill is to listen, read or watch the closing arguments by the bill’s (I won’t say author because I think we all know who wrote this) floor manager, Senator Roby Smith.

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School choice isn't really a choice

Tanya Keith does the math: tax credits to support “school choice” would mainly help families who can afford to send their kids to private school anyway. -promoted by desmoinesdem

When I hear people talking about “school choice,” I wonder if they really know what’s involved in choosing a school that’s not your neighborhood public school. We knew we wanted our oldest of three kids to attend the Downtown School, an open enrollment school within Des Moines Public Schools, and we put her on the list before she was born. I was thrilled to learn that she made the list in Kindergarten, but I was naïve to the effort it would take to complete her education there.

We are raising the only grandchildren in a family where both grandmothers are experts in early childhood education, so I was willing to go the extra mile for a top quality education for my children. What I didn’t realize is I would be going the extra 12.2 miles, every day, all school year long. Our first five years, we drove 6.1 miles each way to get our child to school. Let’s do a little math with that:

12.2 miles x $.54 (the IRS mileage allowance for 2016) x 174 school days = $1,146.31

That’s one child at one school, but that’s not the end of the expense.

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Key senator confident Iowa Senate will pass bipartisan medical cannabis bill

Iowa’s current medical cannabis program sunsets on July 1, and no proposal to replace it advanced in a state House or Senate committee before the legislature’s first “funnel” deadline. However, appropriations bills are exempt from the funnel, and Senate Appropriations Committee Chair Charles Schneider confirmed today he is working with colleagues in both parties to make medical cannabis more available to Iowans suffering from a wider range of medical conditions.

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House Republicans approve workers' comp bill with major unfunded changes

Iowa workers lost again at the statehouse on Thursday, as 55 House Republicans approved a bill that would tilt the workers’ compensation system markedly toward employers. All 37 Democrats present voted against House File 518, joined by just one Republican, State Representative Rob Taylor. UPDATE: GOP Representative Clel Baudler was absent on March 16 but filed an “explanation of vote” in the House Journal on March 20 clarifying that he would have voted “nay” on this bill.

Lawmakers had received an enormous number of constituent contacts since the “dramatic” and “far-reaching” legislation first saw the light of day a little more than two weeks ago. In a rush to get this unpleasantness behind them before the weekend, GOP legislators insisted on a final vote before staff could analyze the cost of a “new career vocational training and education program,” conjured up in an amendment filed the previous evening.

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Former police officer comments on "Stand Your Ground" law

Gun owner and retired police officer David Grussing comments on House File 517, which cleared the Iowa House last week and the Senate Judiciary Committee this afternoon. -promoted by desmoinesdem

I’m writing in response to the efforts by the Republicans in both chambers of the Iowa legislature to relax Iowa’s already limited common sense gun safety measures. Their efforts, if enacted, will result in new “Stand Your Ground” legislation and making the permit process for carrying a weapon virtually worthless.

I can almost see the Republican heads shaking and thinking, “Here’s another gun hating Democrat who wants to take our guns away and repeal the 2nd Amendment.” Nothing could be further from the truth. Yes, I am a Democrat, but I own several handguns, a couple of rifles, and a shotgun. In addition, I served as a police officer for about 25 years, with about 17 of those years as a detective who carried a concealed weapon as part of my daily routine.

I also was a candidate for the District 7 seat in the Iowa House last year. During that campaign, I knocked on about 4,500 doors throughout the district and conducted dozens of public appearances, including about ten candidate forums with my opponent, State Representative Tedd Gassman. Not once, during any candidate forum, public appearance, or conversation on a door step, did anyone tell me that they thought Iowa’s gun laws were too strict and needed to be relaxed. It’s worth mentioning that District 7, which is comprised of Emmet, Winnebago, and parts of Kossuth counties, is exactly the kind of rural, conservative District that Democrats have had difficulty connecting with.

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Jake Chapman's procedural adventure

Matt Chapman recounts an interesting detour during the Iowa Senate’s floor debate on March 14. Republican Senator Jake Chapman (no relation) tried to add “personhood” language–which never made it out of committee–to a bill banning abortions after 20 weeks of pregnancy. -promoted by desmoinesdem

CALLING ALL WONKS

An interesting thing happened when Senator Jake Chapman overreached last night. Go to this link below and you can view the whole afternoon/evening session. I will give you time stamps so you can go right to where the events written occur.

Senators were debating Senate File 471, a 20-week abortion ban.

Chapman finishes up his comments (that you really don’t want to hear) about a story from the past. I will never get those minutes back in my life so please don’t waste yours.

He basically was trying to tack his personhood bill to Senate File 471 through amendment 3142.

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Three questions about how Iowa got into this budget mess

Iowa’s Revenue Estimating Conference delivered bad news yesterday. Revenues are lagging so far behind projections that even after enacting huge spending cuts in February, the state is on track to have a shortfall of $131 million at the end of the current fiscal year. Next year’s revenues are being revised downward by $191 million as well.

Governor Terry Branstad, Senate Majority Leader Bill Dix, and House Speaker Linda Upmeyer quickly announced plans to use the state’s cash reserves to cover the gap. Dix’s written statement explained, “We must not cripple our schools, public safety and many other essential services with further cuts this year. Our savings account exists for moments such as this.”

Two months ago, many Democratic lawmakers advocated dipping into “rainy day” funds as an alternative to the last round of painful reductions to higher education, human services, and public safety. At that time, Republican leaders portrayed such calls as irresponsible. A spokesperson said Branstad “doesn’t believe in using the one-time money for ongoing expenses.” Now, the governor assures the public, “Iowa is prepared,” thanks to hundreds of millions of dollars in the state’s cash reserves, and Dix boasts about the supposedly strong GOP leadership that filled those reserve funds.

Republican hypocrisy on state budget practices is irritating and all too predictable. But that’s not my focus today.

While transferring funds from cash reserves will solve the immediate problem, it won’t answer some important questions about how we got into this mess.

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House Republican unable to answer questions about just-passed gun bill

Thanks to Matt Chapman for sharing his story. Bleeding Heartland welcomes first-person accounts of interactions with Iowa lawmakers. -promoted by desmoinesdem

At the March 11 legislative forum in Waukee with Senator Charles Schneider and Representative Rob Taylor, I wanted to talk about House File 517, as that gun bill had passed the Iowa House and been sent to the Senate.

Before the event started, I had written a more detailed version of my concerns and included an article from Michigan I had quoted to illustrate some flaws in the House version. I gave a copy of both of them to Mr. Taylor and Mr. Schneider and wanted to ask Mr. Taylor if the legislation would permit long guns to be present at political forums and polling places.

I also asked for him to explain the exemptions from the civil liabilities clause that was in the bill.

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Six compelling cases against the Iowa Republican workers' compensation bill

The Iowa House and Senate could debate a bill to decimate our state’s workers’ compensation system as early as today.

For background on this chapter in the Republican war on workers, see the last section of this post. A House Democratic staff analysis (enclosed in full below) explains how House File 518 and its companion Senate File 435 would alter current law, all to the benefit of employers and to the detriment of those hurt on the job.

Other Iowans made powerful cases against this remarkably cruel proposal last week. I transcribed five people’s testimony from a 90-minute public hearing on March 7, as well as Democratic State Representative Scott Ourth’s remarks during a House Commerce subcommittee meeting on the bill.

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I would have been disenfranchised by voter ID

Elise Bauernfeind lays out one of many scenarios that could lead to a citizen’s vote not counting after Republicans enact voter ID legislation. -promoted by desmoinesdem

As a journalism and politics major at Drake University, my right to vote is extremely important to me.

That’s why I am deeply concerned about Secretary of State Paul Pate’s voter ID proposal now in play in the Iowa Legislature. If it had been in place during the elections last November, my right to vote likely would have been blocked—even though I am an eligible Iowa voter.

Pate’s bill, both as filed and as amended by the House State Government Committee, would reduce the types of ID people would be allowed to use to verify their identity prior to voting to just Iowa driver’s licenses, passports or military/veterans IDs. And that change would make it much more difficult and complicated for thousands of people—including myself—to vote.

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The ugly truth about school vouchers

Thanks to Kelly McMahon for cross-posting her letter to the editor about a policy goal for some influential Iowa Republicans. -promoted by desmoinesdem

Advertisements began airing on TV and radio stations across Iowa promoting the creation of Education Savings Accounts (ESAs). The commercials use the typical conservative think-tank, American Legislative Exchange Council (ALEC) message to sell them. Funders of the commercials don’t want Iowan’s to know what an ESA means to the future of Iowa’s public schools and to taxpayers.

In 2002, I moved from Iowa to teach for Milwaukee Public Schools (MPS), the birthplace of school vouchers. In 1990 vouchers were sold as the panacea to the challenges of educating children in Milwaukee. The reality is that vouchers have done nothing to improve the quality of education for the nearly 30,000 students attending schools that are a part of the Milwaukee Parental Choice Program.

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Gunfight at the OK Corral Middle School

Gary Kroeger on what might happen after Iowa enacts the “Stand Your Ground” gun law. -promoted by desmoinesdem

Americans own 300 million firearms. 35 percent of our private residences own at least one gun. According to a survey conducted by the Archive of Pediatric and Adolescent Medicine, 40 percent of the children in these homes know where the guns are stored and 20 percent have handled the guns without adult supervision or even knowledge of the handling.

Emory University conducted a study that determined that the likelihood of a murder occurring in homes that have guns nearly triples. 77 percent of those killed in their homes were murdered by someone they knew with no signs of forced entry, whereas, strangers account for less than 4 percent of the murders.

An estimated 41 percent of gun-related homicides and 94 percent of gun-related suicides would not occur under the same circumstances had no guns been present.

Higher household gun ownership correlates with higher rates of homicides, suicides, and unintentional shootings.

( http://www.bradycampaign.org/facts/gunviolence )

Sobering statistics. As Iowa stands to pass Stand Your Ground legislation in addition to already having lax gun laws allowing open and conceal carry, let’s consider a consequence to this Old Western Frontier approach to law and order.

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Deaf services gutted in Iowa: Do something!

Mary Dyer, an advocate for Iowans with hearing loss, sounds the alarm about an imminent threat to deaf services. The Department of Human Rights has been forced to cut about $90,000 from its budget before the end of the current fiscal year on June 30. -promoted by desmoinesdem

RE: Cuts to Deaf Services Effective March 31

I was notified Monday, March 6, by Monica Stone, Deputy Director of the Iowa Department of Human Rights, that Stephanie Lyons, the full-time disabilities consultant with the Department of Deaf Services, is being terminated at the end of the month due to “necessary” budget cuts. This leaves one staff member working one-third-time for the entire department of Deaf Services, plus support staff. This is for the entire state of Iowa.

If you are someone with typical hearing, you have probably not thought of the challenges and limitations of having hearing loss. I learned about this the hard way.

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A Word of Caution on Local Control

Pete McRoberts describes how some local officials in Iowa lobbied against a 2016 bill designed to protect domestic violence victims from eviction. -promoted by desmoinesdem

It’s impossible to spend any time at the state legislature this year without hearing phrases like “local control” and “home rule” discussed in concert with any number of progressive questions. At yesterday’s public hearing on a statewide preemption bill, many people based their opposition on these same ideas, specifically, that a local government “knows best for its residents,” and that city councils are where big decisions should be made.

The Iowa Constitution, and state law, both support this idea – within some clearly defined boundaries. Home rule is simple; it generally means local governments are in charge when there’s no contrasting state law, or when they are acting to execute an identified city power.

These rights exist for a reason; there are more than 900 cities in Iowa, each with their own local issues. The boundaries exist for that same reason, but on the other side of the ledger – a person’s rights can never be diminished because of a local decision. Home rule and local control work when both of those parts are understood.

An example of local control and home rule falling apart came to my attention in 2014, when activists began a multi-year response to abusive local ordinances in Cedar Rapids and Des Moines which hurt survivors of domestic violence, and set them up for eviction upon calling the police when they needed to. It was a full-blown battle. Those cities spent hundreds of thousands of dollars in taxpayer money to defend their corrupt ordinances, all in the name of “home rule” and local control. They nearly won.

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Weekend open thread: Post-legislative funnel edition

It was a busy week in Iowa politics, as state lawmakers raced the clock before the first “funnel” deadline on Friday. With few exceptions, non-appropriations bills not yet approved by at least one Iowa House or Senate committee are no longer eligible for consideration during the 2017 legislative session. For roundups of which bills are alive and dead, see James Q. Lynch’s story for the Cedar Rapids Gazette and the Des Moines Register article by William Petroski and Brianne Pfannenstiel. Bleeding Heartland covered the demise of the “personhood” bill here.

Some bills that didn’t clear the funnel may be attached to appropriations bills later. Republican State Senator Brad Zaun hopes to revive a medical cannabis proposal that way, Tony Leys reported for the Des Moines Register.

I enclose below Iowa Senate Minority Leader Rob Hogg’s post-funnel list of the “dirty dozen” bills that Democrats are most focused on blocking during the remainder of the legislative session.

This is an open thread: all topics welcome. I’d especially appreciate tips on newsworthy comments from today’s legislative forums around the state. A Democrat in Muscatine asked State Representative Gary Carlson this morning whether he had any evidence of election fraud and whether he would acknowledge that the Republican voter ID proposal is a voter suppression bill. Carlson told her, “I just want the right people to vote.” Probably more honest than he meant to be. John Deeth explained the latest disenfranchising provisions House Republicans want to attach to Secretary of State Paul Pate’s bill, now named House File 516.

Final note: although it was sunny and unseasonably warm today in Des Moines, only about 100 people showed up for the “Spirit of America” rally by the Capitol building. A much larger crowd came to the Capitol on a very cold Thursday in February to march against President Donald Trump’s “Muslim ban” and immigration executive orders. An estimated 26,000 turned out for the Iowa Women’s March at the same venue on a Saturday morning in January.

UPDATE: Added after the jump side by side photos of the Women’s March and today’s event. SECOND UPDATE: A reader sent me his photo (taken by a drone) of the crowd at the Capitol for the “Day Without Immigrants” rally on Thursday, February 16. Added below.

Zaun was the first speaker to the pro-Trump audience today, and he noted (accurately) that he was the first Iowa Republican elected official to endorse Trump for president. He didn’t mention that he had previously declared himself “110 percent behind” Wisconsin Governor Scott Walker, whose campaign flamed out months before the Iowa caucuses. On caucus night, Trump finished third in the Senate district Zaun represents, behind Senators Marco Rubio and Ted Cruz.

UPDATE: Past and future presidential candidate Martin O’Malley was back in central Iowa on March 4, attending a fundraiser for State Senator Nate Boulton, among other events. O’Malley’s 2016 presidential campaign had a strong organization on the east side of Des Moines, which is part of Boulton’s district. The former governor of Maryland has visited Iowa regularly since the election, including stops in Davenport to support the special election campaigns of Jim Lykam for the Iowa Senate and Monica Kurth for the Iowa House.

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It's time to take a stand for cannabis

No medical cannabis bills made it through the Iowa legislature’s “funnel” this week. Quinn Symonds comments on the debate and recounts a March 1 event advocates organized to inform state lawmakers about the issue. -promoted by desmoinesdem

In my previous Bleeding Heartland post, I talked about key differences between Republican and Democratic proposals on medical cannabis. I’m hoping that if you did catch the last piece, you understand how neither of the bills are adequate. After visiting the Capitol on Wednesday and talking to many leaders, one thing became clear to all of us: there isn’t so much a party divide as a lack of enthusiasm from Republican leaders.

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The Iowa Democrats Need a Brand Makeover

Market research and polling expert Kent Kroeger argues that without a major re-branding effort, the national and Iowa Democratic Party will not build a durable electoral majority anytime soon. -promoted by desmoinesdem

The Democrats’ brand, nationally and here in Iowa, is in desperate need of a reboot. The once growing assumption that the Donald Trump presidency will soon implode ended with his speech to Congress last Tuesday.

Following the speech, many Democrats finally reached Kübler-Ross’ final stage of grief over the 2016 general election: acceptance.

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GOP Senator Mark Chelgren still padding his educational resume

Republican State Senator Mark Chelgren has a history of grabbing headlines by filing unworkable bills or making offensive statements. This year, his attention-seeking behavior backfired in a big way.

Corky Siemaszko reported for NBC News yesterday that Chelgren’s official bio wrongly claimed he had a “business degree” from the “Forbco Management school.” In reality, Chelgren took a management course while working for the Sizzler restaurant chain. The story went viral, not just in Iowa.

Chelgren denied any “attempt to inflate” his resume. But although the Iowa Senate Republicans have removed any reference to the so-called business degree from their website, Chelgren’s corporate website still misleads regarding his college education.

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"Personhood" in trouble as Iowa legislative deadline approaches

One of the anti-abortion community’s top legislative priorities, a bill declaring that life begins at conception, appears likely to perish in this week’s “funnel.” Social conservatives introduced companion “personhood” bills in the Iowa House and Senate two weeks ago. Under legislative rules, all non-appropriations bills must pass at least one committee in one chamber by March 3 in order to remain eligible for consideration this year.

However, House File 297 has not even been assigned to a House Human Resources subcommittee, and Senate File 253 appears not to have the votes to get out of the Senate Judiciary Committee.

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Stand By Your Manor

Gary Kroeger comments on “Stand Your Ground,” part of a wide-ranging gun bill that has concerned some law enforcement officials. -promoted by desmoinesdem

With Republicans taking the majority in both the Iowa Senate and House there are going to be several Republican-based initiatives that have been waiting (im)patiently in the wings for several years, that will become front and center as the legislature reconvenes.

One such issue is going to be Castle Doctrine.

Castle Doctrine has been around for several years, but became scrutinized as a result of the Trayvon Martin murder in Florida in February of 2012. It is the position that a person’s abode (their “castle” or, in some states, any place legally occupied, such as a car or work envirnoment) is a place in which the person is entitled to certain protections and immunities and may attack an intruder without becoming liable to prosecution.

“Stand Your Ground” law is a term that we probably hear more often, and it is a broader realization of that concept and states that a person may use deadly force in self-defense when there is reasonable belief of a threat, without an obligation to retreat first.

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Key Iowa Senate Republican: "Loser pays" bill going nowhere

A Republican bill that would have made Iowa courts far less accessible to ordinary people will die in an Iowa Senate subcommittee, GOP State Senator Charles Schneider told Bleeding Heartland on February 25. Bill Brauch, former director of the Consumer Protection Division in the Iowa Attorney General’s Office, explained here how the so-called “loser pays” bill “would in effect kill Iowa’s private consumer fraud law, and just about eliminate any other type of legal action by an individual against a defendant with money.”

Senate Judiciary Committee Chair Brad Zaun introduced Senate Study Bill 1008 during the first week of the legislative session, then assigned it to a subcommittee chaired by Schneider. Following a February 25 public forum in Clive, I asked Schneider about that bill’s status. He replied, “I don’t think it’s going anywhere. I haven’t held a subcommittee meeting for it, and I’m not planning to.”

I mentioned that Senate Majority Leader Bill Dix had named “loser pays” as one of his top four priorities in an interview with Radio Iowa. Schneider responded, “I’m not planning to hold a subcommittee meeting on it. I don’t think any other tort reform bills include a ‘loser pays’ section in them.”

Under Iowa legislative rules, most non-appropriations bills will be dead for the year if they have not cleared at least one Iowa House or Senate committee by the first “funnel,” coming up on Friday, March 3. The leaders of subcommittees and committees have discretion on what bills to bring up for a vote.

I’m pleasantly surprised to learn Senate Study Bill 1008 will go down without a fight. Only a month and a half ago, Dix cited a “measure that ensures losers in those court cases pay for the cost associated with the case” as one of “four bills that I believe define us and give Iowans a clear indication of where we plan to go with policies for our state.” The Iowa Association of Business and Industry, a lobby group with substantial influence among statehouse Republicans, registered in favor of this bill almost immediately. Perhaps Schneider, who practices law as a day job, was able to convince non-attorneys Dix and Zaun that “loser pays” is unnecessary and unfair. Or perhaps Zaun miscalculated by putting Schneider in charge of this subcommittee.

Whatever caused this bill’s demise, any bit of good news from this dreadful legislative session is worth celebrating.

UPDATE: Reader Marian Kuper noticed that Senate Study Bill 1144 contains a “loser pays” clause for nuisance lawsuits against large livestock farms. Senate Agriculture Committee Chair Dan Zumbach proposed that bill, which contains several provisions designed to shield confined animal feeding operations (CAFOs) from lawsuits. It has passed a subcommittee and appears likely to survive the funnel, with support from several Big Ag lobby groups.

Higher education, human services take biggest hit in final Branstad budget cuts

Governor Terry Branstad’s budget director has finally revealed how $11.5 million in “miscellaneous” spending cuts will be spread around state government before the end of the current fiscal year on June 30. As expected, the ax will fall most heavily on higher education and human services–just like Branstad wanted all along.

Elected officials often bury bad news in a late Friday afternoon dump, but Branstad and Lieutenant Governor Kim Reynolds went one step further to evade accountability: they didn’t even announce the cuts in a press release. Rather, at around 4:00 pm, Department of Management Director David Roederer relayed the news in a letter to the Iowa House chief clerk and the secretary of the Iowa Senate.

Iowa House and Senate Republicans have plausible deniability after calling for $11.5 million in unspecified “Department Operational Reductions” as part of Senate File 130, the “deappropriations” bill GOP lawmakers approved in late January. Let Roederer do the dirty work.

After the jump I’ve posted the document showing how much the latest cuts will affect each department or agency. For comparison, I also enclosed Branstad’s original spending cut proposal, announced January 10, and a document comparing those planned cuts with the deappropriations bill’s provisions.

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We all need to come together to make medical cannabis work in Iowa

Advocate Quinn Symonds shares his perspective on some medical cannabis proposals recently introduced in the state legislature. Iowa’s very limited current law, which is unworkable even for families of those suffering from seizure disorders, expires in July. Efforts to expand it failed in the Iowa House last year. -promoted by desmoinesdem

I’ve been asked to talk about the medical cannabis bills. There are basically two sides to watch right now. There are several bills introduced by Democrats and bills introduced by two Republicans, Iowa House Public Safety Committee Chair Clel Baudler and Iowa Senate Judiciary Committee Chair Brad Zaun. I will be referring to Democratic State Senator Joe Bolkcom’s proposals. He has two out currently: a version of last year’s bill that failed to pass, and a “newer” version of the same bill. On the Republican side I will focus on Baudler’s bill. These bills aren’t exactly great: they are supposed to help patients, and neither would do much of that.

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Organizing the Indivisible Iowa Network

Lauren Whitehead explains Indivisible Iowa‘s unique approach to acting on the wise words, “Don’t mourn, organize.” -promoted by desmoinesdem

Did you know that there is a network of Indivisible chapters covering all 50 state Senate districts in Iowa? Here’s how it came about.

Like most readers of this blog, I was invited to join around a thousand progressive resistance startup groups during the weeks following 45’s election. My Facebook feed became an overwhelming and relentless stream of calls to action, warnings, memes, speeches, and existential angst as we all processed what had changed on November 8. Post-election, aside from the emotional fallout of such a horrible outcome, I was exhausted from 2 years of organizing for the election. I thought I might not be able to do it again. I thought that perhaps it was all pointless.

But unsurprisingly, I just can’t quit political activism, and over time I started to sort through the groups I had joined to find the diamonds in the rough–the groups that I felt had the most potential for focused and efficient accomplishment. Ten years into my amateur activist life, I was not in the mood for a group that couldn’t get it’s shit together, even though I felt the value in the organic gathering all around me. I wanted to be a part of group that offered something unique, and not a replication of the info every other group was sharing, one that was taking that frenetic energy we were all feeling and channeled it into a structure with goals.

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Read the first lawsuit challenging Iowa's horrible new collective bargaining law

AFSCME Iowa Council 61 and four of its members filed suit today in Polk County District Court, saying the collective bargaining law Governor Terry Branstad signed on Friday is unconstitutional. I enclose below the petition filed on behalf of Iowa’s largest union representing state employees, as well as the plaintiffs’ request for expedited hearing. The filing repeatedly refers to “the amendments” because House File 291 amended Chapter 20 of the Iowa Code, which has regulated collective bargaining since 1974.

The new law’s disparate treatment of “public safety workers” and other public employees is the central issue raised in AFSCME’s lawsuit. Plaintiffs argue that Article I, section 6 of the Iowa Constitution requires that “all laws of a general nature shall have a uniform operation” and that the legislature “shall not grant to any citizen, or class of citizens, privileges or immunities, which, upon the same terms shall not equally belong to all citizens.” All four individual plaintiffs fail to qualify as “public safety workers,” and therefore have lost almost all meaningful collective bargaining rights, even though some of their occupations are as dangerous or more so, compared to some of the “public safety” jobs. Johnathon Good is a corrections officer, Ryan De Vries is a police officer III, Terra Kinney is a motor vehicle enforcement officer, and Susan Baker is a drafter for the University of Northern Iowa. Excerpt from page 7 of the petition:

The arbitrary definition of “Public Safety Employee,” the arbitrary classification of public employees as “Public Safety Employees” or other public employees and the arbitrary classification of bargaining units into those whose members are at least thirty percent “Public Safety Employees” and those whose members are not which are included in the Amendments deprive Officer Good, Officer De Vries, and Ms. Baker of the constitutional guaranty of equality of all before the law that is set forth in Art. I, § 6 of the Iowa Constitution.

The petition also argues that “transition procedures” altering and terminating bargaining procedures and schedules established in the union contracts violate Article I, section 21 of the Iowa Constitution, which prohibits passing a “law impairing the obligation of contracts.”

Before the text of House File 291 became public, Republican lawmakers were rumored to be at odds over whether to exempt “public safety workers” from most of the new restrictions on collective bargaining. Supposedly Iowa House Republicans opposed that division, while key GOP senators wanted to copy the political strategy used in Wisconsin six years ago. The collective bargaining bill Iowa House Republicans approved in 2011 did not treat law enforcement officers or firefighters differently from other public employees.

Sources in Iowa’s labor community expect other lawsuits challenging the collective bargaining law to be filed later this year. The two main union-busting provisions are seen as particularly ripe for challenge: onerous election requirements for unions to stay certified, and a ban on automatic payroll deductions for union members, even though employees will still be able to automatically deduct membership fees in other professional associations and recurring charitable donations. Neither provision was part of the 2011 Iowa House collective bargaining bill.

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New Iowa Senate Republican gun bill is unconstitutional as well as unwise

Pro-gun advocates spent a lot of money to help Republicans gain control of the Iowa Senate in last year’s elections. The GOP majority will likely move several of the gun lobby’s legislative priorities soon, including so-called “Stand Your Ground,” an amendment to Iowa’s constitution establishing the right to keep and bear arms, and relaxed rules on concealed carry permits and youth firing of handguns.

If they are smart, Republicans who venerate the Second Amendment will steer clear of State Senator Jake Chapman’s new bill, which would trample on the First Amendment and prevent potentially life-saving conversations.

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Everything you want to know about Iowa's horrible new collective bargaining law

Republicans in the Iowa House and Senate voted today to dramatically reduce collective bargaining rights for some 180,000 public employees, following approximately 27 hours of debate in the Iowa Senate and fourteen and a half hours of debate in the Iowa House. GOP leaders moved House File 291 and Senate File 213 simultaneously through both chambers in order to speed up the process.

Democrats had offered dozens of amendments to the bills, which were published for the first time on February 7. Instead of allowing full discussion of every amendment, GOP leaders moved to cut off debate at a “time certain” today. That maneuver had never been used in the Iowa Senate and has been invoked only rarely in the Iowa House–including to end debate on the collective bargaining bill Republicans passed in March 2011. Debate ended in the Iowa House at noon, after which the majority quickly voted down all the remaining amendments with no discussion. Six Republicans joined all 41 Democrats to vote against the bill on final passage. Two of them, Tom Moore and Dave Heaton, are former teachers. Clel Baudler is a retired state trooper. Andy McKean and Shannon Lundgren were just elected from eastern Iowa swing districts, where registered Democrats outnumber Republicans. McKean is also very familiar with Chapter 20 as a former county supervisor and longtime state lawmaker. I don’t know why Mary Ann Hanusa opposed the bill. UPDATE: Hanusa did not respond to my request for comment, but I learned from another source that she is also a former teacher who works in education administration.

Senators debated all night long Wednesday into Thursday morning, with Republicans voting down every Democratic amendment. Independent State Senator David Johnson voted with Democrats on all the amendments and joined them in giving several passionate speeches. Few Republicans in either chamber chose to speak in favor of the bills, aside from Senate Labor Committee Chair Jason Schultz, House Labor Committee Chair Dave Deyoe, and State Representative Steven Holt, who floor-managed the bill and distinguished himself as the legislature’s least convincing liar. The Des Moines Register’s William Petroski summarized some of the important Democratic amendments. I didn’t stay up to watch the whole debate, so would welcome examples of some of the most absurd Republican comments, like State Senator Mark Chelgren accusing Democrats of “stalling” while his party had shown an “incredible amount of patience.” Nothing says “patient” like making sweeping changes to a 43-year-old law, affecting 180,000 Iowans, after only nine days in the legislature.

Senate leaders ended debate at 2 pm Thursday, after which Republicans voted down the remaining Democratic amendments, then substituted the text of the House bill for the Senate bill, to get the legislation to Governor Terry Branstad more quickly. Branstad’s chief of staff, Michael Bousselot, spent the final hours of debate in the Senate chamber. House File 291 eventually passed on a 29-21 Senate vote.

Iowa’s largest public-sector union, AFSCME Iowa Council 61, plans to file a lawsuit claiming the new law is unconstitutional, presumably because of the way it grants more bargaining rights to “public safety” workers than to others, many of whom do dangerous jobs. Video from a February 16 press conference by labor leaders is available here.

I enclose below statements about the bill by legislative leaders from both parties, as well as documents prepared by Iowa House Democratic and Republican staff, which discuss in more detail how House File 291 will affect collective bargaining rights for different types of public employees. Regarding substantive impacts, I also recommend the recent guest posts here by state employee Ruth Thompson, University of Northern Iowa Professor Chris Martin, and attorney James Larew, who predicted that today’s action “will be remembered as the most destructive blow to our ability to govern ourselves fairly and efficiently in nearly half a century.”

GOP spin notwithstanding, collective bargaining “reform” in Iowa was designed primarily with political goals in mind, like similar measures in other states. Republicans know that crippling public sector unions will make it harder for Democrats to win elections.

Although Republicans repeatedly claimed during the House and Senate debates that their bill would help local governments, Chapter 20 has worked so well that more than 140 school districts rushed to sign new contracts with the teachers union before the legislature acted. Boards of supervisors in several large counties passed resolutions condemning the proposal. Linn County Supervisor Brent Oleson’s case against the bill is convincing.

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Governor Branstad's exiting chapter

Attorney James Larew assesses the Republican assault on collective bargaining rights in Iowa, a moment driven by “eager political cruelty.” -promoted by desmoinesdem

Governor Terry E. Branstad’s gutting of Iowa Code Chapter 20, upon his signing of Senate File 213, will be remembered as the most destructive blow to our ability to govern ourselves fairly and efficiently in nearly half a century.

His unprovoked legislative assault will be recalled for its radical and disruptive contrast to the foresight of Branstad’s venerated Republican predecessor, Governor Robert D. Ray.

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Iowa House, Senate GOP leaders not co-sponsoring "personhood" bills

While most Iowa politics junkies were absorbed by lengthy collective bargaining debates in the state House and Senate, Republican lawmakers introduced identical “personhood” bills in both chambers on February 14.

Notably, leaders of the House and Senate are not among the co-sponsors of the bills declaring “that life is valued and protected from the moment of conception, and each life, from that moment, is accorded the same rights and protections guaranteed to all persons by the Constitution of the United States, the Constitution of the State of Iowa, and the laws of this state.”

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The real reason Iowa Republicans want to break public unions

On Tuesday the Iowa House and Senate took up companion bills seeking to destroy every significant aspect of collective bargaining for more than 100,000 public employees. Although police officers and firefighters would be exempt from some provisions of House File 291 and Senate File 213, they too would lose important workplace protections.

As Linn County Supervisor Brent Oleson explained in his written comments to Iowa lawmakers, the collective bargaining system that has been in place since 1974 works well. Local governments don’t need the legislature to be “big brother to us by dictating our collective bargaining rules.” Oleson characterized the Republican bill as a “solution in search of a problem,” driven by “pure and raw partisan politics”: “This bill takes a sledgehammer to the pesky fly that has been labor leaders you dislike. And that’s what this really is…payback! Political payback.”

Here’s what Republicans stand to gain by smashing that fly.

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