Yesterday the Iowa Senate approved by 36 votes to 12 a bill to legalize the use of medical cannabis oil for treating certain seizure conditions. You can read the full text of Senate File 2360 here. After the jump I’ve posted State Senator Joe Bolkcom’s floor statements in support of the bill, which summarize its key points and limited scope. An Iowa Senate Democratic research staffer provided a more detailed analysis of the bill here (pdf).

The roll call in the Senate Journal shows that all 26 Iowa Senate Democrats voted for the cannabis oil bill, joined by the following ten Republicans: Mike Breitbach, Mark Chelgren, Minority Leader Bill Dix, Joni Ernst, Hubert Houser, David Johnson, Tim Kapucian, Charles Schneider, Amy Sinclair, and Brad Zaun. The twelve Republicans who voted no were Bill Anderson, Jerry Behn, Rick Bertrand, Nancy Boettger, Jake Chapman, Randy Feenstra, Julian Garrett, Sandy Greiner, Dennis Guth, Ken Rozenboom, Roby Smith, and Jack Whitver. Republicans Mark Segebart and Dan Zumbach were absent.

During the floor debate, several Republicans warned that passing the bill would send the wrong message to teenagers, leading to more recreational use of marijuana. That’s hard to fathom, since the bill does not legalize smoking marijuana, even for terminally or chronically ill Iowans who could benefit from medical cannabis in that form.

Key Iowa House Republicans and Governor Terry Branstad have made clear that for now, they would consider only a bill to allow access to medical cannabis oil. I hope a study committee on broader use of medical marijuana will go forward. Senate File 2360 is a step in the right direction and will give families like this one options other than moving to Colorado. However, the bill leaves out too many suffering people.

P.S.- A sign of how far the political ground has shifted in the medical marijuana debate: Joni Ernst and Brad Zaun are in fiercely competitive GOP primaries (for U.S. Senate and IA-03, respectively). Both of them voted for this bill.

Iowa lawmakers are finally getting the hang of divided control–or maybe they just want to get out of town early in an election year. During the 2011 legislative session, Iowa House Republicans and Senate Democrats were still arguing about state budget targets well into June and didn’t approve final spending bills until the very last day of the fiscal year.

In contrast, legislative leaders agreed on fiscal year 2015 spending targets seven weeks ago. On April 23, both the Iowa House and Senate approved the conference committee report for the education appropriations bill. Details on the education budget debate, final funding levels and roll calls are after the jump.

Amazingly, the legislature may be ready to adjourn for the year by the end of next week.

Did you ever notice how some things that make no sense are accepted as completely normal in the Iowa legislature? Case in point: ongoing negotiations over the future of greyhound racing in Iowa, which may produce an enormous payoff for private businesses that would otherwise fail.

Iowa politics junkies, help me out here: Has U.S. Senator Tom Harkin ever endorsed a candidate for an Iowa legislative district in a competitive Democratic primary with no incumbent? I can’t think of any prior examples, but it happened yesterday. The full text of Ned Chiodo’s press release is after the jump. Money quote: “I am proud to support Ned Chiodo for State Senate,” said Harkin. “I have known him for many years, and without question he has the integrity and experience to lead Iowa forward.”

Chiodo certainly has a lot of political experience: five terms in the Iowa House, one term as Polk County Auditor, and many years lobbying the Iowa legislature. Harkin’s endorsement is a slap at the other highly experienced candidate in the SD-17 primary: Tony Bisignano. I guess the long friendship allowed Harkin to overlook Chiodo’s effort to knock Bisignano off the ballot, which could have disenfranchised tens of thousands of Iowans had the Iowa Supreme Court reached a different conclusion.

Harkin is an original co-sponsor of a U.S. Senate bill “that would reduce recidivism rates by restoring voting rights to individuals after they have served their time and have been released from incarceration.” Yet he is endorsing an Iowa Senate candidate who argued that ineligible voters in Iowa include anyone convicted of an aggravated misdemeanor which can carry a prison sentence–regardless of whether the person was ever incarcerated.

I am urging my friends in Iowa Senate district 17 to support Nathan Blake, the third candidate in the Democratic primary. The Iowa Senate Democratic caucus already has plenty of members with at least decade’s experience as state legislators. How about a capable new person, who supports progressive values and doesn’t have Chiodo’s or Bisignano’s baggage?  

A three-way Democratic primary is assured in Iowa Senate district 17, as the Iowa Supreme Court announced this afternoon that it has affirmed a district court ruling on Tony Bisignano’s eligibility to run for office. Rival candidate Ned Chiodo filed a lawsuit last month, saying Bisignano’s recent aggravated misdemeanor conviction for second-offense OWI should be considered an “infamous crime.” The Iowa Constitution disqualifies citizens convicted of “infamous crimes” from exercising the privileges of “electors.”

Chief Justice Mark Cady wrote the plurality opinion, joined by Justices Daryl Hecht and Bruce Zager. Overturning Iowa Supreme Court precedents set in 1916 and 1957, the court ruled that “infamous crimes” cannot be interpreted to mean any crime punishable by a prison sentence, including aggravated misdemeanors. On the other hand, the court did not simply accept the 1994 law defining “infamous crimes” as felonies. Citing historical references including an 1839 Iowa territorial statute, the plurality argues that not all felonies are “infamous,” and that the words had different meanings at the time the Iowa Constitution was adopted in the 1850s. It did not go on to define which felonies should be considered infamous crimes in the present context.

Justice Edward Mansfield wrote a concurring opinion, joined by Justice Thomas Waterman. The concurrence agrees that Bisignano retains his rights as an elector, because aggravated misdemeanors cannot be considered “infamous crimes.” However, Mansfield would have accepted the bright-line definition from the 1994 state law, equating felonies with “infamous crimes.” He warned that the plurality opinion would serve as a “welcome mat” for future litigation from felons claiming that they should be entitled to vote, because their convictions were not for “infamous crimes.” On balance, I agree most with Mansfield’s opinion.

Justice David Wiggins dissented, arguing that the court should not have rewritten “nearly one hundred years of caselaw.” He would have found Bisignano ineligible to run for office under the longstanding precedent that “infamous crime” means any crime punishable by a prison sentence. Wiggins’ dissenting opinion does not accept the 1994 law which defined “infamous crimes” as felonies, because interpreting the state Constitution is a job for the Iowa Supreme Court, not the state legislature.

Justice Brent Appel recused himself from this case.

The Iowa Supreme Court did not rule on Chiodo’s separate claim that Attorney General Tom Miller should have recused himself from the panel that allowed Bisignano to remain on the ballot. Chiodo argued that Miller had a conflict of interest, because one of his employees, Assistant Attorney General Nathan Blake, is also seeking the Democratic nomination in Senate district 17.

You can read the Iowa Supreme Court’s three opinions in this case here (pdf). After the jump I’ve enclosed summaries and excerpts from each opinion. I also included a statement from Bisignano hailing the ruling and announcing several more labor union endorsements.

One thing’s for sure: today’s ruling won’t be the last attempt by the Iowa Supreme Court to clarify the definition of “infamous crimes.”

UPDATE: Added Nathan Blake’s comment below. SECOND UPDATE: Added more thoughts about the implications of this case.

Over at the Smart Politics blog based at the University of Minnesota’s Humphrey School of Public Affairs, Eric Ostermeier takes a look at the uncontested Iowa House districts today. He leads with this surprising fact: “Iowa Republicans failed to field candidates in a party record 32 State House districts this cycle.” I recommend clicking through to read his whole post, which explores historical trends in Iowa House candidate recruitment for both parties.

Bleeding Heartland previously commented on the uncontested Iowa House races here. After the jump I’ve posted my thoughts on Ostermeier’s analysis.

Governor Terry Branstad has opposed efforts to legalize marijuana for medical use in Iowa, but on Monday he he signaled that he is open to taking a small step forward this year.

[I]t looks like we could end up with something that’s very limited in focus, like as passed recently in Utah and Alabama,” Branstad said. “I’m certainly working with legislators to see if there’s a possibility to work something out on that before the legislature adjourns.”

The new Utah law allows extract in oil form, but not smoking marijuana to treat a medical condition. Along the same lines, James Q. Lynch reported stunning news: Iowa House Public Safety Committee Chair Clel Baudler is open to legalizing the use of medical cannabis, in oil form. After meeting with parents whose children suffer from seizure disorders, Baudler said, “These little kids are taking some drugs that are really hot […] So if we educate ourselves and possibly we can give them some relief, that’s a good thing.”

Last summer, Baudler bragged that he would wear as a “badge of honor” his designation as one of the country’s ten worst state legislators, according to the Marijuana Policy Project.

He and Iowa House Speaker Kraig Paulsen indicated that to have any chance of passing the Republican-controlled House, a bill to legalize the use of cannabis would have to exclude marijuana that can be smoked. That will disappoint Iowans suffering from cancer, severe pain, or debilitating chronic diseases like multiple sclerosis. Smoking marijuana can ease nausea and other symptoms in such patients. Speaking to Lynch, Baudler said people who want to use cannabis to treat conditions other than seizure disorders should “Move to Colorado.”

Even limited progress on this issue is welcome, but I hope Iowa lawmakers will move forward with a broader study of medical cannabis programs.

UPDATE: Iowa Senate Majority Leader Mike Gronstal is willing to help “move a limited bill on medical cannabis oil forward.” Senate Minority Leader Bill Dix is non-committal for now.  

I'm gonna go on a rant…about an attempted RAPE.

Yes, I mean every word and hyperbole I'm uttering on this post. REAP (Resource Enhancement & Protection) is being RAPED! For Agriculture…by agri-business…to correct it's mistakes in a supposedly free and private market of farming. How is this rape of taxpayer funds and DNR license plate fees occurring and for what specifically? Read on My friends. 

The Iowa House of Representatives wants to put REAP dollars toward… agri-terrace projects, forestry management (subject to logging), and water nutrient pollution clean-up programs because farmland soil is laden with fertilizer chemicals. These are all worthy issues to be addressed on their own I say, and should indeed be addressed and monies put toward mitigation efforts. The Iowa Dept. Of Ag has jurisdiction on all these problems, and they should since their policies and practices created them in the first place.

This isn't an indictment of farmers, because most are great conservationists of their own free will as it's good business and good citizenship. I commend those Iowa farmers, especially my Linn County ones, who work hard to be responsible neighbors, citizens and conservationists…voluntarily I might add! But I don't give a pass to bad apples, policy-makers, or special interest Ag industry lobbyists.

The applicant pool for Iowa’s judicial vacancies has been declining in recent years, Mike Wiser reported for the Waterloo-Cedar Falls Courier on March 30. Iowa courts administrator David Boyd has been analyzing trends across the state and concluded that during the past decade, “The applicant pools [for District Court judgeships] were shrinking not only in terms of quantity but in quality, too.”

Applications for court vacancies are down by about half of what they were 10 years ago in four of the eight judicial districts, and down by a third in another two, according to Boyd’s figures.

Wiser’s article identifies three main reasons for the trend. First, District Court judges earn an annual salary of $138,130, which is well above the state average but below what high-performing attorneys can earn in private practice. Iowa Supreme Court Chief Justice Mark Cady asked state legislators to increase judges’ pay by 4.5 percent, but State Representative Gary Worthan, who chairs the Iowa House Appropriations subcommittee on the judicial system told Wiser, “we’ve got other priorities this year.”

Second, years of state budget cuts to court support staff have also made the work of a judge less appealing, according to several people Wiser interviewed.

Finally, University of Iowa School of Law professor Patrick Bauer and others cited the successful 2010 campaign against retaining three Iowa Supreme Court justices. That crusade was the first and perhaps the last time a politically unpopular ruling ended judges’ careers in Iowa. Nevertheless, it has deterred some attorneys from aspiring to become judges. Bob Vander Plaats and his fellow social conservatives failed to end marriage equality in Iowa, but they have left their mark on the judicial system.

The Des Moines Register ran a front-page feature today on retiring Republican State Senator Hubert Houser. Having served for ten years in the Iowa House and twelve in the Iowa Senate, Houser stopped showing up for work at the statehouse in early March. He plans to return only for “a day or two” at the end of the session. He has taken on more responsibilities at his family farm and contends that he doesn’t need to be at the capitol, since Republicans are the minority party. They can’t bring their own bills to the Iowa Senate floor and don’t need Houser’s vote.

On the one hand, I can imagine minority lawmakers must get tired of spending days at the Capitol, not accomplishing much while thinking about all the work that needs to be done at home. On the other hand, the Iowa legislature is only in session a few months of the year. Houser’s constituents elected him to do a job. He’s collecting a salary for work he isn’t doing.

Asked to comment on Houser’s prolonged absence today, Governor Terry Branstad said, “I respect individual legislators’ right to make the decisions that they make with regards to their vote and things like that,” adding that Houser has been a “great representative for the people of southwest Iowa.”

Missed Iowa Senate votes may become a salient issue in the U.S. Senate race. In early March, Rod Boshart was the first to start tallying GOP State Senator Joni Ernst’s many excused absences during this year’s legislative session. Only a few of the missed days could be chalked up to National Guard duty; others were related to campaigning or fundraising for her U.S. Senate bid. Ernst’s short political career doesn’t open up many lines for attack, but this will be a big one for Democratic candidate Bruce Braley if he faces Ernst in the general election. Republican blogger Craig Robinson, who is supporting Mark Jacobs in the IA-Sen GOP primary, has repeatedly called attention to Ernst missing Iowa Senate votes this year. I would not be surprised to see Jacobs’ campaign, or some dark money entity supporting him, make this case against Ernst before the June primary. Nick Ryan (best known to Bleeding Heartland readers as the head of the American Future Fund) is handling direct mail for the Jacobs campaign.

UPDATE: Speaking to the Des Moines Register, Secretary of the Senate Michael Marshall said Houser is still taking both his legislator’s salary ($25,000 annually) and per diem expense reimbursement payments. Marshall said Ernst “has sometimes asked not to be provided legislative per diem payments for certain days.”

Speaking to WHO-TV, Ernst said she has missed five days in the Iowa Senate this year for campaign-related activities.

SECOND UPDATE: Sounds like Iowa Senate Minority Leader Bill Dix leaned on Houser, who is now planning to show up for work and indicated that he will return per diem expense payments for days he’s missed.

Polk County District Court Judge David Christensen on April 2 rejected Ned Chiodo’s appeal against a panel decision allowing Tony Bisignano to run for Iowa Senate district 17. Chiodo, Bisignano, and Nathan Blake all qualified for the Democratic primary ballot in the seat Senator Jack Hatch is vacating in order to run for governor. Chiodo challenged Bisignano’s eligibility to run for office, citing a drunk driving offense that is an aggravated misdemeanor. A panel of Attorney General Tom Miller, State Auditor Mary Mosiman, and Secretary of State Matt Schultz concluded that Bisigano could run, because Iowa Code specifies felony convictions (not aggravated misdemeanors) as disqualifying citizens from voting or running for office.

Chiodo’s appeal in Polk County District Court rests on two legal arguments: Miller should have recused himself from the panel deciding whether Bisignano is eligible, and Bisignano’s second-offense OWI should be considered an “infamous crime” under Iowa case law. Judge Christensen concluded that Chiodo “failed to assert sufficient grounds to disqualify the Attorney General from serving on the Panel,” nor was Chiodo “prejudiced by the inclusion of the Attorney General in the Panel.”

After the jump I’ve posted the second half of Judge Christensen’s ruling. Although three Iowa Supreme Court decisions indicate that crimes punishable by a prison sentence can be considered “infamous crimes,” the Iowa legislature has since spelled out its clear intention to revoke the rights of electors only in cases of felonies. The judge denied Chiodo’s petition for review, since he “failed to carry his burden to show that the Panel’s decision was unconstitutional,” and there was no evidence that decision was “based upon an erroneous interpretation of a provision of law,” or illogical, arbitrary, capricious, or an abuse of discretion. The judge ordered Chiodo to pay court costs.

The Iowa Supreme Court is likely to have the final say on this matter, but I find it hard to imagine they will disqualify Bisignano. Doing so would potentially disenfranchise tens of thousands of Iowans with aggravated misdemeanor convictions.

Five years ago today, the Iowa Supreme Court announced its unanimous decision in Varnum v Brien, striking down our state’s Defense Of Marriage Act. Some Democratic politicians welcomed the change, while others were more circumspect or ducked the issue for a few days. The early Iowa Republican reaction to the court ruling will sound more pathetic and cowardly with each passing year.

At this point I can’t see any realistic path for conservatives to undo marriage equality. Even if Republicans held their Iowa House majority and gained control of the state Senate (which I consider unlikely), passing a constitutional amendment in both chambers in two separately elected legislatures would be a heavy lift. Last year and this year, an amendment to ban same-sex marriages didn’t even make it through committee in the Republican-controlled Iowa House.

Bob Vander Plaats spent most of 2009 and 2010 trying to take rights away from same-sex couples and force justices off the Iowa Supreme Court. Five years ago today, he was the front-runner in the GOP race for governor. Now he’s out hawking a book. His standing among Iowa Republicans has fallen so far that he is essentially invisible in the Congressional campaign of Robert Cramer, a guy who donated $30,000 to “Team Vander Plaats” during the 2010 election cycle.

Somehow my hetero union has survived five years of sharing rights with Iowa’s LGBT couples. And it’s not just my marriage soldiering on: the latest statistics show Iowa’s divorce rate at its lowest point since 1968. Several factors account for the trend, including the high cost of divorce and more couples delaying or forgoing marriage. Regardless, it’s nice to see the divorce rate falling, because if the trend were going the other way you can be sure self-styled “marriage defenders” would blame the “homosexual agenda,” among other things.

Any relevant comments are welcome in this thread. Highlights from the latest Des Moines Register poll findings on gay marriage are after the jump.

What’s on your mind, Bleeding Heartland readers? This is an open thread.

Calling any Iowa women who have considered running for office: a free two-day seminar with helpful advice for you will take place on April 8 and 9 at the Iowa State Capitol. I’ve enclosed details below on the agenda and how to register. The group “50-50 in 2020” is organizing the seminar in collaboration with The Iowa State Carrie Chapman Catt Center for Women and Politics and The University of Iowa N.E.W. Leadership.

Earlier this month, the Democratic Activist Women’s Network (DAWN’s List) announced its annual award-winners, including State Representative Mary Mascher of Iowa City. The full list is at the end of this post.

Transportation policy doesn’t often generate passionate public debate, but everyone seems to have a strong opinion about traffic cameras. Last week the non-profit news service Iowa Watch published an excellent piece on how traffic cameras are used in Iowa and the conflicting evidence about whether they improve public safety. Kelsey Block’s article inspired me to compile arguments for and against this law enforcement tool.

Attorney General Tom Miller, Secretary of State Matt Schultz, and State Auditor Mary Mosiman decided unanimously that Tony Bisignano may run in the Democratic primary to represent Iowa Senate district 17 despite a recent drunk driving charge. Democratic rival Ned Chiodo had challenged Bisignano’s candidacy, saying a second-offense OWI is an aggravated misdemeanor punishable by a prison sentence. Therefore, “long-established case law from the Iowa Supreme Court” place this charge among the “infamous crimes” that render citizens ineligible to vote or hold office under the Iowa Constitution. You can read the full text of Chiodo’s challenge here (pdf).

Attorneys representing both sides presented their case to the three-member panel on Wednesday. Tipping his hand, Miller shared concerns expressed by Bisignano’s lawyer that thousands of Iowans could lose their voting rights if Chiodo’s challenge were upheld. In fact, Miller estimated that 35,000 to 50,000 people could become ineligible to vote under that standard.

Today Chiodo’s attorney confirmed plans to appeal in Polk County District Court. The case may eventually reach the Iowa Supreme Court, as language in the state constitution and a 1994 law are in conflict. I don’t see how the matter could be resolved before the June 3 primary, let alone before the Polk County Auditor’s office will have to print primary ballots.

After the jump I’ve posted statements from Bisignano’s campaign. The winner of the Democratic primary is virtually guaranteed to succeed Jack Hatch in Iowa Senate district 17. Republicans do not even have a candidate running in this heavily Democratic area of Des Moines.

I’m disappointed that Ned Chiodo is willing to sacrifice the voting rights of thousands of people in order to advance his political career. By the same token, I would prefer not to elect a repeat drunk driver to the legislature. Whether or not Bisignano’s offense meets the legal definition of an “infamous crime,” his behavior posed a danger to himself and others. If I lived in Senate district 17 I would vote for new blood in the Democratic caucus: Nathan Blake. The official announcement of his candidacy is at the end of this post.

What a difference a month makes. Four weeks ago, State Senator Joe Bolkcom declared his bill to legalize the medical use of cannabis dead on the same day he introduced it. Now five Republican senators have joined Bolkcom and four other Iowa Senate Democrats seeking to advance the conversation about medical marijuana before next year’s legislative session.

Click here to read the full text of Senate Resolution 112, which requests the creation of an interim study committee “to make recommendations on the feasibility of establishing a medical cannabis program in this state allowing qualifying resident patients to purchase and possess cannabis for medical purposes, and to file a final report including recommendations with the general assembly by December 30, 2014.” If the Senate approves the resolution, the Iowa Legislative Council led by House Speaker Kraig Paulsen and Senate Majority Leader Mike Gronstal will likely approve a study committee to evaluate medical marijuana later this year.

Depending on the study committee’s conclusions, a medical marijuana bill might garner more bipartisan support during the 2015 legislative session. Kudos to Democrats Bolkcom, Matt McCoy, Bill Dotzler, Jack Hatch, and Tom Courtney, and Republicans Ken Rozenboom, Mike Breitbach, Brad Zaun, Amy Sinclair, and Charles Schneider for supporting this resolution. It’s worth noting that all five Republican co-sponsors were elected to the Iowa Senate in 2012 and therefore will not face re-election again until 2016. Consequently, all five will be serving in the Iowa Senate next year, regardless of which party controls the chamber after the 2014 elections.

Democratic gubernatorial candidate Hatch has long been on record supporting medical marijuana in Iowa. Earlier this month, Governor Terry Branstad warned of “unintended consequences” and said much more study of the issue is needed.

UPDATE: I should have mentioned that while Zaun isn’t up for re-election to the state Senate this year, he is one of six GOP candidates running in Iowa’s third Congressional district. I wonder whether any of his rivals in IA-03 will criticize this stance.

While Governor Terry Branstad vacations in Arizona this week, his administration is facing new allegations of misconduct. As first reported in the Sunday Des Moines Register, at least six former state employees were offered secret settlement deals after claiming they were forced out of their jobs for political reasons. Today, Democratic State Senator Bill Dotzler announced that he is seeking a federal investigation into the actions of Iowa Workforce Development Director Teresa Wahlert, whom Dotzler accused of interfering with the work of administrative law judges.

After the jump I’ve posted several links about both scandals as well as some political reaction. Any relevant comments are welcome in this thread.

The Iowa legislature’s second “funnel” deadline passed late last week. To remain eligible for debate during the remainder of this year’s session, most legislation needed to have passed one chamber as well as a committee in the other chamber. There are a few exceptions to the rule, namely appropriations bills and some tax measures. Rod Boshart listed the most significant “dead” and “alive” bills for the Cedar Rapids Gazette. The Iowa House Republican staff compiled a more comprehensive list of “second funnel survivors,” including bill summaries. The Iowa Senate Democratic staff highlighted the most important bills passed by the Senate that died in the House.

After the jump I’ve enclosed more links and some analysis on bills that died as well as those still under consideration. From my perspective, the most surprising casualty of the funnel was a bill to extend the statute of limitations for sex crimes against children (see the “safety and crime” section below).

Any comments on pending legislation in the Iowa House or Senate are welcome in this thread.  

Iowa’s Resource Enhancement and Protection program (REAP) celebrates its 25th anniversary this year. Among the most successful conservation initiatives in Iowa history, REAP has cumulatively distributed about $300 million to thousands of projects across the state. It is mostly funded through gaming revenues that go into the state’s Environment First Fund. In theory, REAP “is authorized to receive $20 million per year until 2021,” but the state legislature has never fully funded REAP to the authorized level. This year’s budget included $16 million for REAP, and Governor Terry Branstad kept that item at the same level in his draft budget for fiscal year 2015.

Today about three dozen non-profit organizations gathered at the State Capitol for the annual Environmental Lobby Day organized by the Iowa Environmental Council. I attended the event because I’m active in the IEC and in several of its member organizations. At a press conference organized by the IEC, four speakers emphasized the need to increase conservation funding: Republican State Senator David Johnson, Democratic State Senator Bob Dvorsky, Iowa Natural Resource Commission Chair Margo Underwood, and Rod Marlatt, executive director of the Fayette County Conservation Board. Dvorsky particularly emphasized his goal to secure $25 million in funding for REAP in the coming fiscal year, in honor of the program’s 25th anniversary.

Because REAP-supported projects are often popular locally, the program has mostly escaped the partisan divisions that have led to the demise of some state initiatives. Today the Iowa House approved a resolution celebrating the 25th anniversary of REAP. Remarkably, 96 of the 100 state representatives co-sponsored this resolution, which House Democrat Chuck Isenhart proposed. Now that they’re on record agreeing, “Iowans strongly believe that the Resource Enhancement and Protection Program is a successful venture worthy of the continued support of the General Assembly,” let’s hope they will put a lot of money where their mouths are. The $25 million in REAP funding has an excellent chance of clearing the Iowa Senate, since Dvorsky chairs the Appropriations Committee. Will the Iowa House go along? The many state lawmakers who spoke with Environmental Lobby Day exhibitors today included House Majority Leader Linda Upmeyer and several members of the House Appropriations Committee.

After the jump I’ve posted background on the REAP program from the Iowa Department of Natural Resources website, including a map showing how much REAP funding has gone to each of Iowa’s 99 counties. I also enclosed a press release from the Iowa Environmental Council, with highlights from speakers at the conservation rally.

In any given general election, roughly a dozen or two of the 100 Iowa House districts are in play. A first look through the list of candidates who qualified for the primary ballot suggests that this year, fewer Iowa House districts will be competitive than in 2010 or 2012. Republicans have failed to field a candidate in 32 of the 47 Democratic-held House districts. Democrats have failed to field a candidate in 26 of the 53 Republican-held House districts.

Although a few of these districts may see major-party candidates nominated through special conventions after the primary, it’s rare for late-starting candidates to have a realistic chance to beat an incumbent. (That said, two Iowa House Democrats lost in 2010 to candidates who joined the race over the summer rather than during the primary campaign.)

After the jump I’ve enclosed a full list of the Iowa House districts left unchallenged by one of the major parties. I highlighted the most surprising recruitment failures and what looks like a pattern of uncontested House seats in Senate districts that will be targeted by both parties, which may reflect a deliberate strategy. House incumbents with no fear of losing may slack off on GOTV in one half of a Senate district where every vote may count.

A future post will focus on the ten or fifteen Iowa House races likely to be most competitive this fall.

What’s on your mind this weekend, Bleeding Heartland readers? Is anyone else annoyed that the Iowa legislature’s second “funnel” deadline coincided with the last day major-party candidates could file to appear on the primary ballot? I put up a new overview of the Iowa Senate races and a thread on the statewide candidate filings. John Deeth has a quick look at all 125 legislative races. I have posts in progress about Iowa House races to watch, as well as what bills are dead and alive in the state legislature.

Congratulations to Cyclones fans celebrating Iowa State winning the Big 12 championship. I don’t follow college basketball closely, but I know the Big 12 is probably the toughest conference this year. Fred Hoiberg has done a tremendous job recruiting and leading his team, without throwing tantrums on the court like the University of Iowa’s coach, Fran McCaffery.

I highly recommend Josh Harkinson’s fascinating piece, “You’re Drinking the Wrong Kind of Milk.” He explores the hypothesis that many people have trouble drinking cow’s milk because Holsteins, which dominate industrial dairies, produce milk high in A1 protein. Some of those people can digest milk with predominantly A2 protein, produced by Jersey, Guernsey, and Normande cows.

As a friend and I talked about Harkinson’s article a few days ago, she reminded me that Iowa’s beloved Anderson Erickson Dairy used to sell a more expensive “Guernsey Gold” milk. Looking into it, I learned that AE stopped making this product in the mid-1980s, not because there was no demand for the premium milk, but because Iowa didn’t have enough farmers raising Guernsey cows anymore.

This is an open thread: all topics welcome.  

Most election years, at least one Iowa House or Senate incumbent reveals retirement plans shortly before the filing deadline. During the last midterm, three Iowa House incumbents gave their constituents only a day or two’s notice that they were not planning to run for re-election.

Qualifying for the ballot is relatively easy here; candidates can collect the 50 signatures needed for an Iowa House district or the 100 needed for a Senate district in a day. But deciding whether to run for the state legislature is not so simple. Common courtesy demands that incumbents give their constituents at least a few weeks, or preferably a few months, to talk things over with family and friends, weighing what would be involved in a campaign and part-time work as a lawmaker. Lots of politically active people might want to serve. Most would not challenge an incumbent in a primary, but the calculus is different for an open seat.

Longtime State Senator Dennis Black announced on March 10 that he would not run for re-election. Presumably some insiders had advance warning, but every other Democrat in Senate district 15 had at most three days to consider this race, plus one day to collect the signatures and drive petitions to Des Moines.

Longtime State Representative Roger Thomas officially announced his retirement in a press release that went out  at 4:50 pm on March 13, barely 24 hours before the filing deadline. He gave the scoop to local activists at the Winneshiek County Democratic convention on March 8, but that news would only reach a small circle of insiders. A wider audience didn’t learn of Thomas’ retirement until he informed the Decorah Newspapers on the morning of March 12. Democrats in House district 55 (covering parts of Winneshiek, Fayette, and Clayton counties) deserved more than five days to think about running for the legislature, collect signatures, and make the four-hour drive to Des Moines. Nothing against Rick Edwards of Decorah, who has stepped up to run, but others should have had more time to consider the opportunity Thomas created.

Note: Iowa House district 55 will likely be a very competitive race this November, and Senate district 15 may also be in play, but my feelings about last-minute retirements also apply to seats that are safe for one party.

I’ve been meaning to put up a thread on efforts to legalize cannabis for medical use in Iowa. State Senator Joe Bolkcom has been the lead sponsor of a bill that would create “a state regulated system to provide medical cannabis to Iowans under a doctor’s care.” Senate File 2215 (full text) did not meet the Iowa legislature’s first “funnel” deadline because of a lack of support from statehouse Republicans. However, more recently GOP lawmakers including Iowa House Majority Leader Linda Upmeyer, a nurse practitioner, have said they are open to discussions on the issue. Iowa House Republican Clel Baudler, who helped kill a similar bill last year, is dead-set against what he calls an “asinine” idea.

The Iowa Medical Marijuana website includes much more background on efforts to legalize the medical use of cannabis. The front page of that site includes links to recent news coverage and videos from an Iowa Senate hearing on March 5. CNN’s Dr. Sanjay Gupta changed his mind on the medical uses of marijuana while working on a documentary last year.

After the jump I’ve enclosed a statement from Bolkcom explaining the key points of SF 2215, highlights from the Des Moines Register’s latest polling on the issue, and comments from Governor Terry Branstad, West Des Moines Mayor Steve Gaer, and Representative Bruce Braley, the Democratic candidate for U.S. Senate.

Any relevant thoughts or predictions are welcome in this thread. I expect advocates will have to work for at least a few more years before Iowa joins the 20 states and Washington, DC where medical marijuana is already legal.  

If any Iowa Democrat deserves a primary challenge, it’s three-term State Senator Joe Seng. Although the Davenport-based veterinarian represents one of the Democrats’ safest urban districts, Seng is anti-choice and supported Republican calls for a vote against marriage equality in 2010. As chair of the Senate Agriculture Committee, he has helped pass several bills that are good for industrial agriculture but bad for the environment, especially clean water. In addition, Seng himself challenged three-term U.S. Representative Dave Loebsack in the IA-02 Democratic primary two years ago, so he couldn’t claim the moral high ground against a primary challenger for his state Senate seat.

I was excited to see yesterday that another Democratic candidate, Mark Riley, had filed papers to run in Senate district 45. When I realized Riley was Seng’s Republican opponent in 2010 and ran an independent campaign against Iowa House Democrat Cindy Winckler in 2012, I became disappointed. Was he just a fake like the “Democrat” who ran against State Representative Ako Abdul-Samad in 2010?

I sought comment from Riley about why he was running as a Democrat in Iowa Senate district 45, having campaigned as a Republican in the same district a few years ago. I’ve posted his response after the jump. You be the judge. Riley would have my serious consideration if I lived on the west side of Davenport.  

Three days before the deadline to file as a major-party candidate for the state legislature, a Democrat finally stepped up to run against first-term State Senator Rick Bertrand in Iowa Senate district 7. Likely to be among the most competitive statehouse races this year, Senate district 7 is a must-hold for Republicans trying to win a majority in a chamber Democrats have controlled by 26 votes to 24 since 2011. Leading Democrats view the district as a pick-up opportunity, in part because of a voter registration advantage and strong performance by Democratic candidates there in 2012.

Follow me after the jump for a first look at this race. I’ve included a district map and the latest voter registration numbers as well as background on Bertrand and his Democratic challenger, Jim France.  

Only a few hours after State Senator Dennis Black confirmed plans to retire, former Newton Mayor Chaz Allen announced that he will seek the Democratic nomination in Iowa Senate district 15. Allen has strong business connections as executive director of the Jasper County Economic Development Corporation and as a board member of the Greater Des Moines Partnership. After the jump I’ve posted Allen’s campaign announcement, which contains more background on the candidate. Former Governor Chet Culver appointed him to the Rebuild Iowa Office’s task force on Infrastructure and Transportation, and he also served on Governor Terry Branstad’s Commercial Property Tax Review Committee three years ago.

Iowa Senate district 15 covers most of Jasper County and some eastern areas in Polk County. Click here for a map and the latest voter registration numbers in the Democratic-leaning district.

I am seeking comment from Iowa House Democrat Dan Kelley, who represents the eastern half of this Senate district. I will update this post when I can confirm whether Kelley will run for the Iowa Senate or seek a third term as state representative.

So far the lone Republican candidate to file in Senate district 15 is Crystal Bruntz. Her campaign is on Facebook here and on the web here. I’ve posted her official bio below.

Democratic State Senator Dennis Black announced this morning that he is retiring from politics after 32 years in the Iowa legislature, including five terms in the Iowa Senate. His retirement opens up Senate district 15, covering most of Jasper County and parts of eastern Polk County. As of March 2014, this district contained 15,238 registered Democrats, 13,184 Republicans, and 15,064 no-party voters. After the jump I’ve posted a district map and Black’s open letter to colleagues and the media.

In late January, it appeared that three Republicans would compete for the chance to run against Black this year. But the highest-profile candidate, former Iowa GOP Co-Chair David Fischer, opted against running last month. Meanwhile, the first Republican candidate to declare against Black, Patrick Payton, decided to run for Iowa House district 29 instead. That leaves Crystal Bruntz, a human resources executive for the convenience store chain Kum & Go, as the likely GOP nominee in Senate district 15. So far she is the only Republican who has filed nominating papers in the district.

Democrats have until this Friday to find a new candidate for the seat Black is vacating. I am seeking comment from two-term State Representative Dan Kelley of Newton. He currently represents Iowa House district 29 but has not filed for re-election yet. First-term Democrat Joe Riding has already filed for re-election in House district 30, the western half of Senate district 15. UPDATE: Riding confirmed by telephone that he is committed to continuing to represent residents of House district 30.

Although Black’s district wasn’t initially on my radar or Senate Majority Leader Mike Gronstal’s radar as one of the most competitive 2014 Senate races, opposing parties typically have a better chance of winning open seats than defeating state legislative incumbents. Senate district 15 will surely be a race to watch this year.

PROCESS GEEK UPDATE: Although it’s not relevant in this instance, since Riding will stick with the House race, a candidate who had already filed papers to run for an Iowa House district could file for a newly open Senate district. Scroll to the end of this post for the explanation.  

This week marks the Iowa legislature’s first “funnel” deadline of the 2014 session. With the exception of appropriations bills, most legislation that has not cleared at least one committee in at least one chamber is dead for the year. Only occasionally do House or Senate leaders revive bills that didn’t get through the funnel.

Rod Boshart published a comprehensive list of bills that are still pending in either the Iowa House or Senate, as well as proposals that didn’t make it this year. Notably, the ideas Governor Terry Branstad outlined in his Condition of the State speech last month are still alive, as are the top priorities House and Senate leaders mentioned on the opening day of this year’s session.

Any comments about the legislature’s work is welcome in this thread. Reading Boshart’s lists, I felt a mixture of relief and disappointment. So many bad ideas died in the funnel, but so did a lot of proposals I would strongly support.

My dismay is probably nothing compared to what socially conservative Republicans are feeling. For the second year in a row, no bills aimed at “protecting” traditional marriage made it through the funnel. Every proposed anti-abortion bill died too, except for the ban on “telemedicine” abortions (which failed to move last year but passed the Iowa House last week). You would think that with a 53-47 Republican majority, the Iowa House would move more of these abortion bills through committee at least.

Former Republican Party of Iowa co-chair David Fischer announced on Facebook February 18 that he has decided not to run for the Iowa Senate this year. Just a few weeks ago, Fischer sounded committed to the race, but he told his Facebook friends, “Much to my surprise, a great opportunity has just presented itself that I owe it to my family to explore.” He promised to return all campaign contributions and to keep working to promote principles of “freedom, prosperity, and peace.”

I had considered Fischer’s campaign a “game-changer” in that it pointed to a strong Republican effort to beat entrenched Democratic incumbent Dennis Black in Senate district 15.

Two other Republicans have announced plans to run against Black: Patrick Payton and Crystal Bruntz. But since neither has Fischer’s connections to the “Liberty” movement that dominates the current state GOP’s leadership, I’m not convinced Senate district 15 will rise to the top tier of competitive Iowa Senate races. Senate Majority Leader Mike Gronstal doesn’t seem worried about holding this seat either.

After the jump I’ve posted a map of the district and the latest voter registration totals.

Last week Jennifer Jacobs wrote a strange feature for the Des Moines Register exploring why the “No Labels” movement is not gaining more traction in Iowa.

A better question: why would smart guys like State Senator Jeff Danielson or U.S. Representatives Bruce Braley and Dave Loebsack hitch their wagons to this useless group? Leaders of No Labels express grand ambitions to “make government work again,” but the organization looks more like make-work for political consultants who are between campaign jobs. Resting on false premises, No Labels promotes the wrong “fix” for what’s broken in public policy. It’s also a classic example of a Washington-based astroturf (that is, fake grassroots) movement.  

Friends of Iowa Midwives has worked with legislators to present companion bills in the House and Senate that would allow for safe and legal access to Certified Professional Midwives (CPMs) in Iowa.  For 15 years Friends of Iowa Midwives has worked toward licensure for CPMs. In 1999 the Iowa Legislature conducted a scope of practice review, the result of which was a recommendation to the legislature that the CPMs should be licensed through the Iowa Department of Public Health.  The bills propose that a license be created for the already trained and nationally certified midwives who seek to provide quality and safe care to Iowa women.

Every year in Iowa, more than 500 women choose to give birth outside of the hospital.  This number is on the rise both in Iowa and nationally.  A study published last month in the Journal of Midwifery and Women’s Health again demonstrated that for low-risk women out-of-hospital birth with skilled providers is a safe option.  This study found that almost 94% of the nearly 17,000 participants had a spontaneous vaginal birth.  The cesarean rate for this study was 5.2%.  The national average cesarean rate is 33%.  The in-labor transfer rate for this study was between 8-23%.  The most common reason for a transfer of care was prolonged labor or what is commonly called failure to progress. This study was one of among several that have demonstrated that out-of-hospital birth is a safe option for low-risk women. 

Iowa’s largest labor union, AFSCME Iowa Coucil 61, endorsed State Senator Jack Hatch for governor yesterday, as did several Teamsters locals in the state. I’ve posted the press release after the jump. Labor union endorsements of the leading Democratic challenger to Governor Terry Branstad are only to be expected. The event would not be as newsworthy had AFSCME not made a big deal out of endorsing State Representative Tyler Olson in October. Olson dropped out of the governor’s race for personal reasons near the end of last year.

I never understood why AFSCME felt compelled to get involved in a primary featuring two state lawmakers with strong records on labor issues. Looking at the financial report AFSCME’s political action committee filed last month, I find the strategy even more baffling. During 2013, AFSCME Iowa Council 61 P.E.O.P.L.E. gave $100,000 to Olson’s gubernatorial campaign–by far the PAC’s largest expenditure. The Iowa Democratic Party and the Senate Majority Fund each received $10,000. Various Democratic state legislators or candidates for the Iowa House and Senate received campaign contributions ranging from $250 to $5,000. The House Truman Fund supporting Democratic candidates for the lower chamber received $1,000. AFSCME also supported a smattering of candidates for local government.

Speaking to Radio Iowa yesterday, AFSCME Council 61 President Danny Homan said, “When we endorsed Tyler I stated that it was a very difficult decision to pick Tyler over Jack. That was a close call.” If my dues donations were supporting AFSCME’s political activities, I’d be very upset that $100,000 went to support a “close call” for one candidate over an equally pro-labor primary rival. It would have been smarter for AFSCME to give more to pro-labor lawmakers and candidates for the Iowa House and Senate during 2013, and save any six-figure gifts for the Democratic nominee after the gubernatorial primary.

UPDATE: Corrected to clarify that separate donations (not union dues) are used for AFSCME’s PAC. My original point stands: I would stop giving to any PAC that made this kind of strategic choice. To my mind, it doesn’t matter whether they endorsed Olson or Hatch; they should not waste $100,000 meddling in a Democratic primary where both candidates support their issues, especially when control of the Iowa legislature is at stake in the midterms. Remember, this PAC made only $150,985.05 in expenditures during the reporting period. Two-thirds of the money went toward a race that Danny Homan admitted was a “close call.” Not a wise use of resources.

Iowa’s Constitution lays out a straightforward process for changing state law: first, a bill needs to pass the Iowa House and Senate by a simple majority in both chambers. Then, the governor signs the bill into law. Alternatively, state legislators can pass a new law without the governor’s support, by over-riding a veto with a two-thirds majority in both chambers.

Iowa House Republicans and Governor Terry Branstad don’t like current state law on setting state funding for K-12 education a year in advance. However, they lack support in the Democratic-controlled Iowa Senate for changing that law through the normal legislative process. So, they have decided they can pretend the law doesn’t exist.

It appears that nothing short of a court order will change their minds.

I knew that Governor Terry Branstad was trying to fill the State Judicial Nominating Commission with conservatives and big Republican donors.

I knew that Branstad liked naming former state legislators to prominent positions, sometimes without considering anyone else for the job, sometimes even when the former lawmaker hadn’t asked for the job.

But until yesterday, I never imagined that Branstad would consider a Judicial Nominating Commission an appropriate place for someone who tried to impeach Iowa Supreme Court justices over the Varnum v Brien ruling on marriage.  

A new report by the Center on Budget and Policy Priorities shows that Iowa and many other states fail to incorporate enough long-term fiscal planning in the budget process. Click here to read the executive summary of the thoroughly researched piece by Elizabeth McNichol, Vincent Palacios, and Nicholas Johnson. Click here to download the full report (pdf).

After the jump I’ve posted the two-page fact sheet on Iowa, which scored only 4.5 out of a possible 10 and ranked 37th among the states. I’ve also enclosed a sidebar explaining the ten criteria they used to evaluate state fiscal planning. Table 1 toward the bottom of this page shows that Iowa received full marks under three categories: consensus revenue estimates, legislative fiscal offices, and budget status reports. Iowa received half-credit in three more categories: multi-year fiscal notes, pension oversight, and well-designed rainy-day funds. Iowa received zero marks in four categories: multi-year forecasting, a projection of future costs to deliver the “quantity and quality of services to residents that it is delivering in the current budget period,” pension funding and debt level reviews, and oversight of tax expenditures.

For years, the Iowa Policy Project and the Iowa Fiscal Partnership have been sounding the alarm on how Iowa needs to start calculating the costs of various tax breaks and tax credits.

While you’re at it, read the Iowa Fiscal Partnership’s recent background piece on why “Iowa lawmakers must recognize the long-term impact of tax cuts on spending choices. Past choices will force future legislatures to lower investments on critical services on which economic growth depends.”

Yesterday Governor Terry Branstad appointed former U.S. Representative Leonard Boswell to the Iowa Transportation Commission. Boswell will replace former Iowa Senator Tom Rielly, whom the governor named to the commission in 2013. According to the press release I’ve posted after the jump, Rielly “resigned from the commission due to a business-related conflict of interest.”

Boswell served in the Iowa Senate during much of Branstad’s previous tenure as governor. During this year’s Condition of the State address, Branstad recognized Boswell for his work co-chairing the governor’s “Home Base Iowa” initiative to attract more veterans to Iowa.

While serving in Congress, Boswell rightly called attention to the poor condition of many roads and bridges across the state and in the Des Moines metro area. From my perspective, he was too eager to support some new road construction projects that were potentially harmful and not justified by traffic flows. But without question, he is knowledgeable about Iowa’s infrastructure needs and qualified to serve on the transportation commission.

I’ll be curious to see whether Iowa Senate Republicans put up a fight against Boswell. To be confirmed, he will need support not only from the 26 Senate Democrats but also from at least eight of the upper chamber’s 24 Republicans. Last year, Republicans resisted confirming their former Democratic colleague Tom Rielly to the transportation commission, prompting Branstad to withdraw the nomination during the legislative session and appoint Rielly on an interim basis after lawmakers had adjourned for the year.  

Republican State Senator Rick Bertrand was admitted to a Sioux City hospital on Saturday after suffering a “mild stroke.” A statement released by the Iowa Senate Republicans said Bertrand’s doctors expect him to make a “full recovery, with no lasting effects.” His friend and fellow Senator Bill Anderson told the Sioux City Journal that Bertrand drove himself to the hospital and plans to be back in the Senate by next Monday.

A business owner and first-term lawmaker, Bertrand was Iowa Senate minority whip during last year’s legislative session but recently stepped down from that position in order to focus on his re-election campaign. Senate district 7, covering much of Sioux City and parts of Woodbury County, will probably be among this year’s most competitive Iowa Senate contests. So far no Democrat has announced plans to run against Bertrand. The filing deadline is March 14.

The January 23 edition of the Iowa House Republican newsletter contains a mix of news and spin on a wide variety of topics, such as the state budget, the minimum wage, the check-off for corn growers, distracted driving, marijuana use and even a controversy over whether states should charge sales tax on “take-n-bake” pizzas.

From my perspective, the most interesting nugget was the effort to explain House Republicans’ stubborn refusal to comply with a state law that passed nearly two decades ago with strong bipartisan support. Iowa Senate Democrats are determined to set “allowable growth” levels for K-12 school budgets in the time frame laid out by the law. But Republicans are not budging from the position they staked out last year: no early notice for school district leaders who need to plan their budgets.

The Iowa Supreme Court heard oral arguments yesterday in an appeal of Republican State Senator Rick Bertrand’s defamation lawsuit against his 2010 opponent, Rick Mullin, and the Iowa Democratic Party. Des Moines attorney and law blogger Ryan Koopmans live-tweeted the hearing, and Mike Wiser and Grant Rodgers published summaries.

We’ll know the verdict within a few months, but I’ve posted some thoughts and predictions below.

Iowa Senate district 15 wasn’t on my top tier of Iowa Senate races to watch or among the competitive seats recently mentioned by Senate Majority Leader Mike Gronstal. However, I am revising my view amid new signs that Republicans will make a strong push against five-term Democratic incumbent Dennis Black.

After the jump I’ve posted background on Black and the three Republicans who plan to challenge him, along with a district map and the latest voter registration totals.