# Iowa Senate



Dream recruit may spark Republican infighting in Senate district 45

Iowa Republicans have landed Sandy Greiner, their dream candidate against first-term Democratic State Senator Becky Schmitz in Senate district 45. The southeast Iowa district includes all of Washington, Jefferson, and Van Buren counties, plus part of Wapello and Johnson counties (map here). Schmitz defeated Republican incumbent David Miller by 184 votes in 2006, but the area leans slightly Republican in terms of voter registration.

Greiner represented Iowa House district 89, which makes up half of Senate district 45, for four terms (1993 to 2001). She then served for two years in the Iowa Senate before redistricting prompted her to return to House district 89 for another three terms (2003-2009). Consequently, she starts the race with high name recognition in the area and will be able to campaign almost as an incumbent. Republican blogger Craig Robinson sounds ready to declare this seat won for the GOP.

Greiner will be a stronger opponent for Schmitz than the three Republicans who had previously declared for the seat (Richard Marlar, Randy Besick and Dan Cesar). However, I would not assume that local Republicans will be united behind her this fall. Greiner is linked to business elites who have battled with activists on the religious right for control over the direction of the Iowa GOP.

Join me after the jump for more background on Greiner and why I suspect some social conservatives will fight her candidacy.

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House Democrats may not have the votes for "fair share"

John Deeth attended the League of Women Voters’ forum in Coralville on Saturday, and he buried an interesting nugget toward the end of his liveblog:

Chris Bonfig asks about HF 2420; Mascher, Dvorsky, Schmitz, Lensing, Bolkcom yes; Jacoby, Marek no. Jacby: “The first part of the bill is marvelous, the [second] part needs some work.”

House file 2420, formerly known as House Study Bill 702, is the reworked “fair share” legislation. The idea behind “fair share” is that employees who don’t belong to a union would have to reimburse the union for services provided, such as collective bargaining and handling grievances. A “fair share” bill passed the Iowa Senate in 2007 but stalled in the Iowa House, where the Democratic majority was 53-47 at the time. The current Democratic majority is 56-44, but none of organized labor’s legislative priorities passed during the 2009 legislative session because of opposition from a “six-pack” of House Democrats.

This year’s “fair share” proposal has been scaled back and would apply only to state employees. (Many labor advocates agree with Iowa AFL-CIO president emeritus Mark Smith, who has argued that the measure should apply to all private sector and public sector unions.) Iowa Republicans and business groups are fiercely opposing “fair share,” even though it would not apply to private businesses.

State Representative Dave Jacoby represents a relatively safe district in Johnson County. If he just announced at a public forum that he’s not backing HF 2420, I don’t see much chance of the “six-pack” members supporting the bill. That would leave House Democrats short of the 51 votes needed for passage.

When Jacoby praised the first part of the bill but not the second part, he appeared to be supporting reimbursement for grievance services but not for bargaining services, which are more costly for the union to provide. Click here for the full text of HF 2420. It states that “reasonable reimbursement” for bargaining services “shall not exceed sixty-five percent of the regular membership dues that the nonmember would have to pay if the nonmember were a member” of the union. The bill caps reimbursement for grievance services at ten percent of the union’s regular membership dues.

In February, Iowa House Majority Leader Kevin McCarthy suggested that a new “prevailing wage” bill is more likely to pass this session than “fair share.” In 2009 the “six-pack” sank a prevailing wage bill, but this year House Labor Committee Chairman Rick Olson prepared a compromise version that would require payment of prevailing wage on a smaller number of projects. Olson told the Cedar Rapids Gazette that the “softer” version of the prevailing wage bill addresses the objections raised last year by conservative House Democrats.

Share any relevant thoughts in this thread.

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Culver opposes dirty water bill

Governor Chet Culver will not sign a bill that would weaken Iowa’s current restrictions on spreading manure over frozen and snow-covered ground. Culver’s senior adviser Jim Larew confirmed the governor’s opposition during a February 22 meeting with members of Iowa Citizens for Community Improvement. Iowa CCI is among the environmental groups that have sounded the alarm about House File 2324 and a companion bill, Senate File 2229. The bills would exempt many large farms from the new manure application rules adopted last year. Earlier this month, the House Agriculture Committee approved HF 2324 with minimal debate.

Culver had previously promised to block the new proposal in private conversations. The bill’s lead sponsor in the Iowa House, Democratic State Representative Ray Zirkelbach, told IowaPolitics.com yesterday, “Basically I was told that the governor’s going to veto it no matter what … if it came to his desk […].” Zirkelbach contends that the bill is needed to help the struggling dairy industry. He denies that it would lead to more manure contaminating Iowa waters.

I am glad to see the governor take a stand against Zirkelbach’s proposal. Improving the manure application bill was a major victory during the closing days of last year’s legislative session. We should not have to keep fighting efforts to move us backwards on water quality.

The full text of yesterday’s press release from Iowa CCI is after the jump.

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Republican "family values" on display in Iowa Senate

Last Thursday, the Iowa Senate approved a bill that would improve the health and well-being of Iowa working mothers and their children. In addition, this bill would reduce many employers’ health care costs while lowering employee turnover and absenteeism. Unlike legislation that pits business interests against the needs of working families, this bill would be a win-win.

Nevertheless, almost the whole Republican caucus voted against Senate File 2270, which promotes workplace accommodations for employees who express breast milk.

Follow me after the jump for background on this bill and Republican opposition to it.

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Massive Iowa Legislature linkfest (post-funnel edition)

The Iowa Legislature has been moving at an unusually fast pace during the shortened 2010 session. It’s time to catch up on what’s happened at the statehouse over the past three weeks. From here on out I will try to post a legislative roundup at the end of every week.

February 12 was the first “funnel” deadline. In order to have a chance of moving forward in 2010, all legislation except for tax and appropriations bills must have cleared at least one Iowa House or Senate committee by the end of last Friday.

After the jump I’ve included links on lots of bills that have passed or are still under consideration, as well as bills I took an interest in that failed to clear the funnel. I have grouped bills by subject area. This post is not an exhaustive list; way too many bills are under consideration for me to discuss them all. I recommend this funnel day roundup by Rod Boshart for the Mason City Globe-Gazette.

Note: the Iowa legislature’s second funnel deadline is coming up on March 5. To remain alive after that point, all bills except tax and appropriations bills must have been approved by either the full House or Senate and by a committee in the opposite chamber. Many bills that cleared the first funnel week will die in the second.  

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Pharmacy Board unanimously recommends legalizing medical marijuana

The Iowa Board of Pharmacy voted 6-0 today to recommend that Iowa legislators reclassify marijuana from a Schedule I narcotic to a Schedule II narcotic. Schedule II drugs have a “currently accepted medical use in treatment in the United States.”

In April 2009, a Polk County judge instructed the Iowa Board of Pharmacy to examine evidence on possible medical uses for marijuana. Last summer the board declined to reclassify marijuana in Iowa but ordered public hearings on the subject.

The Iowa legislature’s “funnel” deadline passed last Friday with no action on a bill to legalize medical marijuana, meaning the issue is dead for the 2010 session. Leadership can bring up new bills after the funnel deadline, but I would be surprised if House and Senate leaders used that prerogative to move a medical marijuana bill forward during a shortened legislative session.

That said, lawmakers should not fear a political backlash if they do approve a bill legalizing marijuana for medical use in Iowa. In the latest Selzer and Co. statewide poll for the Des Moines Register, 64 percent of respondents supported “allowing medical marijuana,” while only 33 percent opposed the idea. I was surprised by how little opinions on this issue varied by the respondents’ age. Medical marijuana was supported by 67 percent of respondents 18-34, 67 percent of those aged 35-54, and 60 percent of those over 55. Younger Iowans were twice as likely as those over 55 to support legalizing marijuana for recreational use.

Who is the most clueless Iowa legislator?

A couple of years ago, I would have said State Representative Dwayne Alons (House district 4). Longtime Bleeding Heartland readers may remember Alons as the guy who asserted during a committee hearing on greenhouse gas emissions that global warming would be good for Iowa because warmer temperatures helped ancient Mayans grow taller and stronger than today’s men and women. The following year, Alons remarked, “We shouldn’t be as concerned, actually, about warming, especially now that we have modern refrigeration and air conditioning.”

Alons sets the bar high in terms of cluelessness, but after reading this piece by Jason Hancock today, I think State Representative Jason Schultz (House district 55) could give him a run for his money. Schultz has introduced House File 2313, which stipulates,

 1  1    Section 1.  NEW SECTION.  602.1100  Judicial authority.

 1  2    1.  A judicial officer shall not use judicial precedent,

 1  3 case law, penumbras, or international law as a basis for

 1  4 rulings.  A judicial officer shall only use the Constitution

 1  5 of the United States, the Constitution of the State of Iowa,

 1  6 and the Code of Iowa as the basis for any ruling issued by such

 1  7 judicial officer.    The only source material that may be used

 1  8 for interpreting the Constitution of the United States by a

 1  9 judicial officer in this state shall be the Federalist papers

 1 10 and other writings of the founding fathers to describe the

 1 11 intent of the founding fathers, and if such source material is

 1 12 used, the full context of the source material must be used by

 1 13 the judicial officer.

 1 14    2.  This section is not reviewable by the court.

 1 15    3.  A violation of this section by a judicial officer shall

 1 16 be considered malfeasance in office and subjects the judicial

 1 17 officer to impeachment under chapter 68.

Bad ideas are not in short supply at the Iowa Capitol, but Schultz has taken things to a new level of stupidity here. No precedent and no case law, really? I have never heard of a so-called “strict constructionist” who would prohibit judges from citing previous court rulings in forming their opinions. In effect, Schultz is saying judges have to reinvent the wheel in almost every case. Yet conservative jurists usually lean toward respecting precedent.

Schultz would not allow any judge to consult historians’ work on the Constitution or the Federalist Papers either, as if there can be no ambiguity about what 18th-century language was meant to convey.

Mr. desmoinesdem reminds me that even U.S. Supreme Court Justice Antonin Scalia, a critic of citing foreign law in U.S. courts, has cited international law before when interpreting a treaty. In a recent case Scalia even cited the Babylonian Talmud, which is more than 1,000 years old.

If you’re wondering why Schultz wants to ban “penumbras,” that term alludes to the idea that there is a right to privacy, even though the Bill of Rights does not contain the word “privacy.”

Schultz’s bill isn’t going anywhere, and Drake University law professor Mark Kende notes that it would be unconstitutional in any event.

Like many Iowa Republicans, Schultz appears not to have a solid grasp of the judicial review concept. His support for a bill that would restore elections for Iowa Supreme Court justices indicates that he’s not sold on judicial independence. But even in the context of bad Republican ideas, House File 2313 stands out. Schultz is angry that the Iowa Supreme Court cited Iowa case law in its Varnum v Brien ruling last year, so the solution must be to ban judges from considering case law.

Not only is Schultz ignorant, he also demonstrated an impressive mean streak by introducing a bill this session “that would remove protections for gay, lesbian and transgender students from an anti-bullying law passed in 2007.” (More on that here.)

Iowa politics-watchers, who do you think is the most embarrassingly ill-informed member of the Iowa legislature? Make your case in this thread or e-mail me confidentially: desmoinesdem AT yahoo.com.  

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Kent Sorenson wants to bring back Iowa Supreme Court elections (updated)

Republican State Representative Kent Sorenson is trying to amend the Iowa Constitution to bring back elections for the seven state Supreme Court justices.

Republicans Dwayne Alons and Jason Schultz joined Sorenson in introducing House Joint Resolution 2013 this week. It would amend the constitution to require Supreme Court justices to be elected to six-year terms. Lower-court judges would continue to be appointed, as they have been since Iowa approved a constitutional amendment in 1962 to eliminate judicial elections. Under the current system, the governor appoints district and Supreme Court judges from lists of nominees submitted by judicial nominating commissions.

Other social conservatives have vowed to defeat the three Supreme Court justices who are up for retention in 2010 because of last year’s Varnum v Brien ruling, which cleared the way for same-sex marriage in Iowa. But even that isn’t good enough for Sorenson and his allies. They are so upset about one court ruling that they would toss out a method for selecting judges which has worked well for nearly a half-century. The Des Moines-based American Judicature Society has plenty of resources on the importance of judicial independence and the benefits of a merit-based system over judicial elections. The U.S. Supreme Court’s recent Citizens United case lifted restrictions on corporate spending to influence elections, providing another reason not to mess with Iowa’s judicial selection process.

Sorenson’s constitutional amendment probably won’t go anywhere, but he may use the proposal as a rallying cry in his campaign against Staci Appel in Iowa Senate district 37 this year. Appel’s husband, Brent Appel, is an Iowa Supreme Court justice. He is not up for retention this November.

UPDATE: Via the latest from Todd Dorman I learned that State Representative Rod Roberts, a Republican candidate for governor, has introduced his own constitutional amendment:

His proposal, House Joint Resolution 2012, calls for appointing nine justices – one from each judicial district and one at-large. It would require justices to continue to live in the district as long as they sit on the court.

“Even people in the legal profession tell me this would help the court get connected at the grass roots level,” he said.

Dorman comments,

Justices should answer to the state constitution, the law and precedent, not to public sentiment. They’re appointed through a bipartisan, drama-free process that focuses on their experience and qualifications. They already face regular retention votes.

So explain to me why we would throw out that system in favor of open electioneering. It’s a horrible idea.

And picking them by geography instead of qualifications isn’t much better.

How is this stuff conservative?

You don’t want judges who “legislate from the bench,” so you elect them just like legislators?

The Iowa Bar Association opposes the proposals from Sorenson and Roberts.

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New poll: Iowans think gay marriage not worth legislature's time

More than 60 percent of Iowans think gay marriage “does not deserve the Legislature’s limited time” this session, according to the latest poll conducted by Selzer and Associates for the Des Moines Register. The poll surveyed 805 Iowa adults from January 31 to Feburary 3, with a margin of error of plus or minus 3.5 percent.

The question named six issues on which legislation has been introduced during the 2010 session, which has been shortened by 20 days due to budget constraints:

The state Legislature can address large and small issues during the course of the session. For the following issues, please tell me if you think the issue does or does not deserve the Legislature’s limited time. Puppy mills. Gay marriage. Driving and texting. Gun control. Gambling. Payday loans.

62 percent of respondents said gay marriage does not deserve the legislature’s time, while only 36 percent said it does.

Here’s hoping this poll will bolster the spine of any wavering statehouse Democrats. Iowa House Republicans are expected to use procedural maneuvers this week to try to force a vote on a constitutional amendment to ban same-sex marriage. When they tried that last April, two of the 56 House Democrats joined Republicans on a procedural vote. House Minority leader Kraig Paulsen wasn’t deterred by the latest poll, telling the Des Moines Register,

“The majority party has successfully convinced people that that’s something that takes a lengthy period of time,” Paulsen said. “There’s no reason it should have to take more than 30 minutes.”

Poll respondents presumably know little about how much committee and floor time a marriage vote would consume, but I think Paulsen is missing the point here. Selzer in effect asked Iowans what’s important for the legislature to handle. More than three-fifths of respondents said gay marriage doesn’t rise to that level this session.

Notably, a recent poll commissioned by Republicans also suggests that gay marriage is a low priority for most Iowans. Voter Consumer Research conducted that poll in late January for The Iowa Republican blog and the Concordia Group (a political consulting firm run by Nick Ryan, with ties to the American Future Fund). Respondents were asked which three issues are most important to them: “Forty-one percent said jobs and unemployment, thirty-three said the economy, and twenty-eight percent said education.” Way down the priority list was “moral values” with just 14 percent, Craig Robinson indicated in this comment thread.

Last September, a Selzer poll for the Des Moines Register asked several questions about same-sex marriage. About 41 percent of respondents said they would vote for a constitutional amendment to ban same-sex marriage, while 40 percent would vote against such an amendment. In addition, 92 percent of respondents said marriage rights for gay and lesbian couples had led to “no real change” in their own lives.

The conservative GOP base expects Republican legislators to try every trick in the book to bring a marriage vote to the floor. Iowa Democrats should make sure the public knows that while they were focusing on more important issues, Republicans kept trying to waste time on a marriage vote. Based on this polling as well as the results from last year’s special election in Iowa House district 90, I doubt gay marriage will be a winning issue for Republican candidates this November.

Later today I’ll discuss some other findings from the latest Des Moines Register poll. I was surprised to see that of the six issues Selzer asked about, only driving while texting had a majority (72 percent) say it was worth the legislature’s time to tackle this session.

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Weekend open thread with events coming up this week

The coming week will be busy at the state capitol, because February 12 is the first “funnel” date. All bills excluding appropriations bills that have not been approved by at least one committee by February 12 will be dead for the 2010 session, unless something extraordinary happens.

Also, Iowa House Republicans are expected to try to suspend the rules this week to force consideration of a constitutional amendment to ban same-sex marriage. If last April’s events are any guide, they can expect help from two Iowa House Democrats: Geri Huser and Dolores Mertz. Meanwhile, Mertz is working with a group of Republicans on a constitutional amendment that would “recognize human eggs as persons worthy of legal protection.” Such an amendment would outlaw abortion and probably some forms of birth control as well.

With the compressed legislative calendar and severe budget restraints, there may be fewer bills passed in 2010 than in previous sessions. If you’re keeping your eye on any bill, let us know in this thread. I hope the Iowa Senate Labor and Business Relations Committee will pass Senate File 2112, introduced by Senator Pam Jochum, on “workplace accommodations for employees who express breast milk.” It’s already cleared the subcommittee. Last hear State Representative Ako Abdul-Samad introduced a similar measure in the Iowa House, and I think there’s a decent chance of getting this bill through the House Labor Committee. Employers also benefit from practices that make it easier for their employees to continue breastfeeding.

Jochum is an all-around outstanding legislator. If I lived in the first district, she would definitely have my vote for Congress whenever Bruce Braley decides to run for U.S. Senate.

This thread is for anything on your mind this weekend. Am I the only one out there who doesn’t care who wins the Superbowl?

After the jump I’ve posted details on other Iowa political events scheduled for this week.

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Iowa Senate approves government reorganization bill

Last night the Iowa Senate passed Senate File 2088, which would reorganize state government, after four hours of debate. All 32 Democrats in the chamber voted for the bill, along with three Republicans: Shawn Hamerlinck, Larry Noble and Pat Ward.

Click here for the full text of the bill. According to analysis by the Legislative Services Agency, Senate File 2088 would reduce state spending from the general fund by $74 million in fiscal year 2011 and $36 million the following year (here’s the link to the fiscal note on the bill). In addition, “Other funds, including local government pots of money, would save $44 million next budget year and just under $14 million the following year.” Jennifer Jacobs posted some of the key provisions and amendments at the Des Moines Register’s blog.

Unlike the 1985 state government reorganization, the current bill does not merge any state agencies. It doesn’t close any of Iowa’s four mental health institutes, but downsizes the one at Clarinda. That switch outraged legislators from southwest Iowa, because the Iowa Department of Human Services had recommended closing the Mount Pleasant Mental Health Institute in southeast Iowa instead.

Senate File 2088 requires bulk purchasing and centralized payroll and technology systems for most state agencies but exempts the three state universities from those provisions.

Rod Boshart recapped one of the more contentious episodes during last night’s debate:

The debate stalled when 11 majority Democrats joined the 18-member GOP minority in supporting an amendment to block a proposal to move the community empowerment program for early childhood education from the neutral state Department of Management to the Department of Education.

Senate Majority Leader Mike Gronstal, D-Council Bluffs, switched his vote to be on the prevailing side then called a closed-door caucus after which senators voted 31-19 to reconsider the issue and approve the move of empowerment to the education agency by a 27-23 margin.

I wasn’t familiar with the Iowa Community Empowerment program, which is geared toward families with children under age six. Since early education programs are part of the Iowa Empowerment Board’s mission, it seems logical to bring the program to the Department of Education.

The original bill had eliminated the Property Assessment Appeal Board, but an amendment to keep that body intact passed by 46 to 4. Politically, that was a smart vote for the senators. Many Iowans are likely to see property tax increases this year, so it’s not a good time to make it more difficult for citizens to challenge their assessments.

Several Republicans have expressed doubt that the bill would guarantee the promised savings. Democrats rejected a number of Republican amendments, including one that would have increased health insurance costs for state employees and one that would have required a two-thirds vote in the legislature to approve any state bonding. (Such a threshold would have prevented last year’s passage of the I-JOBS infrastructure bonding initiative.) A complete bill history, including all amendments considered, is here.

Earlier in this session, the Iowa Senate approved Senate File 2062, a separate bill on early retirement incentives. That measure is expected to save about $57.4 million in fiscal year 2011, “including a $26.4 million savings to the state’s general fund.” That bill passed on a bipartisan 41-7 vote. The full text is here, and the bill history is here.

UPDATE: Over at Iowa Independent, Lynda Waddington reports,

Mental health advocates haven’t gotten everything they wanted in relation to new state policies governing psychiatric medications for individuals receiving state assistance. But they scored a big win Monday night when the Iowa Senate approved new language that ensures existing patients’ medications won’t be automatically switched in order to save the state money.

Read her whole story for more details and background.

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Republicans will play catch-up in Iowa House district 74

Republican Kent Sorenson’s narrow victory over State Representative Mark Davitt in Iowa House district 74 was perhaps the biggest upset in the state in 2008. The Democratic-leaning district includes much of Warren County, including Indianola and the Simpson College campus. Sorenson decided to run against Staci Appel in Iowa Senate district 37 instead of running for re-election to the House.

Scott Ourth announced plans to run for this seat in October and was already pounding the pavement months before that. I’d heard he was working hard, and I noticed that he reported strong fundraising in his filing with the Iowa Ethics and Campaign Disclosure Board. I didn’t realize until today that Ourth raised the bar for Democrats running for the Iowa House:

Ourth, a 50-year-old Democrat from Ackworth, claimed $37,359 in campaign contributions for 2009. The earnings, listed on a Jan. 19 disclosure form, trumped Rep. Tyler Olson’s 2005 record for the most money raised by a first-time Democratic candidate in the year prior to election year, according to Pat Murphy, speaker of the Iowa House of Representatives.

“No first-time candidate for the Iowa House from our party has ever gained this much financial support this early in the campaign cycle,” Murphy said in a prepared statement. “Mr. Ourth works very hard. His fundraising report definitely bears that out.” […]

More than 200 people donated by Jan. 1, including slightly more than 20 political action committees.

Ourth spent nearly $4,500, leaving him with approximately $32,800 on hand. Most of his expenses consisted of office equipment – he plans to use his home for a campaign headquarters, he said – and event invitations, according to his disclosure form.

The article goes on to say that at least one Republican plans to run in House district 74, but I haven’t heard any names floated. We’ll find out before the March filing deadline. Iowa House Republican leaders raised a lot of money last year, so they will be in a position to help out the eventual candidate here. But if I were in their position I would think hard before investing a lot in this district. Whoever jumps in for the GOP will start out way behind Ourth in retail campaigning as well as fundraising. Republicans have better opportunities to win some Democratic-held seats in other parts of the state, and some of their challengers will also need more money to be competitive.

House district 74 is likely to remain the best pickup opportunity for Democrats this year, but assuming Rod Roberts stays in the governor’s race, I like our chances in House district 51 too. (There are still a lot of Democrats in the Carroll area.) Picking up one or two Republican-held seats would make it much more difficult for the GOP to take back the Iowa House, where Democrats now have a 56-44 majority.

Any comments about state legislative races are welcome in this thread.

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We have a new candidate in House district 26

Mary Wolfe, an attorney in Clinton, will run as a Democrat in Iowa House district 26, Steven Martens of the Quad-City Times reported today.

“I understand the challenges that small businesses face, since I own one myself,” she said in a news release. “And as an attorney, on a daily basis I see the severe financial and emotional impact that the national recession is having on so many hard-working Clinton County families.

“Clinton County, and Iowa in general, needs more well-paying jobs and an economic development strategy that targets local businesses and middle-income families, not big corporations and company presidents.”

Democrat Polly Bukta has represented this district for seven terms but announced yesterday that she will not seek re-election, citing a desire to spend more time with family. Bukta has worked on a number of education and health-related bills, including the public smoking ban and the HAWK-I children’s health insurance program. She is also speaker pro-tem in the Iowa House (the first woman to hold that position).

Speaking to the Quad-City Times,

Rep. Steve Olson, R-DeWitt, said he thought it would be difficult for a Republican to win in Bukta’s heavily Democratic district. The district includes the city of Clinton and Center and Hampshire townships northwest of Clinton.

“The numbers are not with us,” he said. Still, House Republican Leader Kraig Paulsen, R-Hiawatha, said every seat is an opportunity.

“I have not taken it off the table,” he said.

Clinton County is a strong Democratic area, but the Iowa Democratic Party may need to pay special attention to turnout here in the fall, because Iowa Senate district 13 is also an open seat. Democrat Ed O’Neill launched his Iowa Senate campaign in November after State Senator Roger Stewart said he would retire. Senate district 13 includes House district 25 (represented by Democrat Tom Schueller) and Bukta’s district. As of November 2009, the unemployment rate in Clinton County was 7.5 percent (pdf file), a bit higher than the statewide rate of 6.7 percent.

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Update on Iowa Senate district 41 race

Davenport business owner Roby Smith formally announced yesterday his plans to challenge State Senator David Hartsuch in the Senate district 41 Republican primary, Ed Tibbetts reported in the Quad-City Times. Smith will not run as a moderate like former Senator Maggie Tinsman, whom Hartsuch defeated in the 2006 primary. He said he shares Hartsuch’s views on abortion and same-sex marriage but will emphasize a “pro-business” and “pro-education” stance. Smith will campaign as a more electable Republican; he said yesterday that “Democrats smell blood in the water.”

Two Democrats, Rich Clewell and Dave Thede, have already announced plans to run in this Scott County district, which is evenly divided politically. A takeover would be fantastic for long-term Democratic prospects of holding the Iowa Senate, as Republicans only have a handful of strong pickup opportunities this year in my opinion. Democrats currently hold 32 of the 50 Senate seats.

Speaking of competitive Iowa Senate races, does anyone know whether Republicans have declared candidates against Rich Olive in Senate district 5 or Becky Schmitz in Senate district 45? If so, please post a comment in this thread or e-mail me: desmoinesdem AT yahoo.com.

Federal education grant summons ghost of labor bill past

UPDATE: The Iowa House passed this bill on a party-line vote on Friday, and Culver signed it the same day.

Democratic state legislators are rushing to pass a bill that will allow Iowa to apply for a federal education grant of up to $175 million. The application is due on Tuesday, and Monday is Martin Luther King Jr. day, so Governor Chet Culver needs to be able to sign the bill this weekend.

The Iowa Senate approved Senate File 2033 on Wednesday. Senate Education Committee Chair Becky Schmitz summarized key provisions relating to the “Race to the Top” grant:

Specifically, the legislation before you today will:

   *     Remove the cap and repeal date for charter schools in Iowa.  Currently, Iowa Code has a 20 charter school cap and a repeal date for all charter schools on July 1, 2011.  […]

   *     Allow schools to develop Innovation Zone Schools and Consortiums -This legislation adds innovation zone schools and consortiums to the ways that schools districts can foster innovation in more schools.

Senate Republicans voted against this bill, and House Republicans will do the same when it’s considered today. They want to see Iowa relax current restrictions on who can operate a charter school. Additionally, they argue that it’s unwise to apply for one-time federal funds to support ongoing education expenses. The GOP talking point of choice is to call this bill “Race for the Cash.”

Republicans also claim the bill would shift authority toward “union bosses” because of provisions that are not directly linked to the federal grant application. More on that story is after the jump.

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Let Iowa courts consolidate

Iowa Supreme Court Chief Justice Marsha Ternus had bad news about the condition of the judiciary when she addressed the Iowa legislature yesterday.

Since the 2002 fiscal year, she noted, staffing levels have been reduce[d] by 17 percent. In just the last year, staff was cut by 11 percent. In fact, the state’s courts now operate with a smaller workforce than it had in 1987, the year the state assumed full funding for the court system. The number of serious and time-consuming cases before the court, however, have increased by 66 percent.

Ternus also argued that budget shortfalls have adversely impacted the Judicial Branch more than any other aspect or agency in government.

“Unlike many state agencies and the regents, the judicial branch has no pass-through funds, no programs to cut and no reserves to tap. Nearly all our operating costs are for people – employees and judges who are the life blood of the court system – so when we cut our budget, we must cut our workforce.”

Ternus warned of “assembly line justice” and “de facto consolidation” of courts if state legislators do not at least maintain current levels of funding. (Click here for a pdf file containing the full text of Ternus’ speech.)

While the judiciary has faced several rounds of budget cuts, demand for court services has increased because of the recession. For example, during the past two years mortgage foreclosures have increased by 34 percent in Iowa, cases relating to domestic violence protection have increased 15 percent, and “juvenile commitments for drug or mental-health issues” have risen by 76 percent.

Current state law requires courts to operate in all of Iowa’s 99 counties. That made sense when it could take the better part of a day for people to travel to their county courthouse, but it’s not an efficient use of resources now. I am with the Des Moines Register’s editorial board: state legislators need to either allocate enough funding for the judicial system we have, or amend the law to allow some consolidation of courthouses. The latter would run up against stiff resistance in the Iowa House and Senate because of the likely impact on some small county-seat towns. But it’s wrong to let civil and criminal court services degrade across the state. If budget constraints demand efficiency measures in other branches of government, let the judiciary make the best use of available funds by consolidating where necessary.

UPDATE: Governor Chet Culver told the Iowa Independent that he shares the concerns Ternus raised and does not support any further funding cuts for the judiciary.

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Year in review: Iowa politics in 2009 (part 2)

Following up on my review of news from the first half of last year, I’ve posted links to Bleeding Heartland’s coverage of Iowa politics from July through December 2009 after the jump.

Hot topics on this blog during the second half of the year included the governor’s race, the special election in Iowa House district 90, candidates announcing plans to run for the state legislature next year, the growing number of Republicans ready to challenge Representative Leonard Boswell, state budget constraints, and a scandal involving the tax credit for film-making.

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Vander Plaats endorser vows never to vote for Branstad

When I saw yesterday’s news about State Representative Kent Sorenson supporting Bob Vander Plaats for governor, I didn’t pay much attention at first. Vander Plaats announced Sorenson’s endorsement on Twitter last May, so saying it again hardly seemed newsworthy.

But when I read the Vander Plaats campaign’s press release on the story, and Sorenson’s lengthy open letter to his supporters, I realized that he had upped the ante. Sorenson doesn’t just prefer Vander Plaats in the GOP primary. He is promising, “under no conditions will I vote for Terry Branstad or Chet Culver for governor,” and he wants his supporters to make the same pledge.

I suspect the Vander Plaats campaign will end up walking back those remarks, and Sorenson has just dealt a blow to his own campaign in Iowa Senate district 37. More thoughts on this story are after the jump.  

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Year in review: Iowa politics in 2009 (part 1)

I expected 2009 to be a relatively quiet year in Iowa politics, but was I ever wrong.

The governor’s race heated up, state revenues melted down, key bills lived and died during the legislative session, and the Iowa Supreme Court’s unanimous ruling in Varnum v Brien became one of this state’s major events of the decade.

After the jump I’ve posted links to Bleeding Heartland’s coverage of Iowa politics from January through June 2009. Any comments about the year that passed are welcome in this thread.

Although I wrote a lot of posts last year, there were many important stories I didn’t manage to cover. I recommend reading Iowa Independent’s compilation of “Iowa’s most overlooked and under reported stories of 2009,” as well as that blog’s review of “stories that will continue to impact Iowa in 2010.”

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Another Democrat will run in Iowa Senate district 41

Iowa Senate Democrats will need to play a lot of defense this year, but as I’d hoped, it looks like we will be making a serious play for Senate district 41. First-term incumbent Dave Hartsuch has more in common with Steve King than with the moderate Republicans who have long flourished in Scott County.

The Des Moines Register reported yesterday that Democrat Rich Clewell will run against Hartsuch:

Clewell has served on the Davenport school board since 2001 and now is vice president. He’s a wildlife biologist who recently retired from the federal Department of Defense. He has a bachelor’s degree from Iowa State University and is an Air Force veteran who served in Vietnam.

He can be contacted at (563) 359-4598 or clewell4senate@gmail.com.

About six weeks ago educator Dave Thede switched parties and announced plans to run against Hartsuch as a Democrat. Speaking to Ed Tibbetts of the Quad-City Times,

[Clewell] said the state faces difficult economic challenges and his collaborative nature would be a benefit at the Statehouse. He also said the state shouldn’t lose sight of long-term needs, including education. […]

Clewell said his school board experience includes working with other boards and on legislative issues.

He said he and Thede hold many of the same views but a primary would “pinpoint where there are differences.” He said he couldn’t say what those are now, but he added he wouldn’t be critical of Thede’s relative newness to the party.

Meanwhile, Davenport businessman Roby Smith plans to challenge Hartsuch in the GOP primary. I haven’t seen any report indicating whether Smith will run as a moderate alternative. Whatever the outcome of the primaries, this seat should be competitive in the fall; Tibbetts notes, “Each party has about 13,200 registered voters [in Senate district 41]. Independents outnumber both by 3,600 people.”

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Democrats, please get payday lending reform right

Key Democratic lawmakers will push for new limits on payday lending during the Iowa legislature’s upcoming session, which starts on January 12. State Senator Joe Bolkcom, who chairs the Senate Ways and Means Committee, called for restricting the “loan shark rates” the industry typically charges. The Iowa Catholic Conference also supports limiting the interest rate for payday loans to 36 percent. That’s welcome news. Although 36 percent interest is still quite high, it’s a lot better than the 300 to 400 percent interest rates payday lenders are in effect currently charging customers.

In 2007, the Iowa legislature had smaller Democratic majorities yet managed to pass a bill capping interest rates on car-title loans at 21 percent. (Former Governor Tom Vilsack and Attorney General Tom Miller had advocated that reform for a long time, but Republican leaders refused to allow a vote in the Iowa House when they controlled the chamber.)

In theory, it shouldn’t be hard for House Democrats to find 51 votes out of their 56-member caucus to pass payday lending reform. However, at yesterday’s press conference with Senator Bolkcom, State Representative Janet Petersen expressed doubt that an interest rate cap could pass the House Commerce Committee, which she chairs.

I hope we’re not in for another round of a few Iowa House Democrats blocking legislation that would serve the public interest. More thoughts on this issue are after the jump.

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Senate district 41 will be a race to watch in 2010

With Democrats defending 19 of the 25 Iowa Senate districts on the ballot next fall, we don’t have many opportunities to make gains in the upper chamber. However, I’ve long felt that Democrats should make a serious play for Senate district 41 in Scott County. Dave Hartsuch is far too conservative for a district that was long represented by Maggie Tinsman, whom Hartsuch defeated in the 2006 GOP primary. Historically, the Bettendorf area has been strongly Republican, but Democrats have made gains in recent years. Senate district 41 now has as many registered Democrats as Republicans.

As I’d hoped, a Democratic candidate has stepped up to the plate, and Hartsuch will also have to fend off a primary challenge in the spring. More on this race after the jump.

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Iverson may challenge Bailey in House district 9

Two-term State Representative McKinley Bailey, an Iraq War veteran, may face a tough Republican challenger next year in Iowa House district 9. The Des Moines Register reports that Stew Iverson, former Iowa Senate majority leader and Iowa GOP chairman, is thinking about running against Bailey. Iverson told the Register that he’ll make a decision “sometime after the first of the year”:

Iverson called Bailey “a nice young man.”

“It’s not personal,” he said. “I just think we need a change in direction, and that’s why I’m considering it. I have nothing against him, but this is about the state of Iowa.”

Bailey defeated Republican incumbent George Eichhorn with nearly 55 percent of the vote in 2006. He was re-elected with just over 55 percent of the vote in 2008, even though his district was one of Iowa Republicans’ top targets. Corporate-funded conservative interest groups ran ads against Bailey and other first-term House Democrats in early 2008 as well as shortly before the November election.

House district 9 includes all of Wright County, parts of Webster and Hamilton counties, and a tiny slice of Franklin County. Bailey lives in Webster City, which has suffered a tremendous blow during this recession. Appliance maker Electrolux plans to shut down a Webster City factory employing about 850 people. Bailey is one of the “six-pack” of House Democrats who blocked key legislative priorities for organized labor during the 2009 session, but as far as I know, no Democrat has been recruited to challenge him in the district 9 primary. (If you know otherwise, please drop me a line: desmoinesdem AT yahoo.com.)

It’s notable that Iverson is considering the House race against Bailey, as opposed to trying to win back his old senate seat. After Iverson decided not to seek re-election in 2006, Democrat Rich Olive defeated James Kurtenbach in Senate district 5 by only 62 votes. I assume that Iverson is considering the House race because he knows Republicans have virtually no chance of winning back the Senate next year. He may also have little desire to work with some of the senators who voted him out as majority leader in the middle of the 2006 session.

Krusty Konservative isn’t thrilled with the prospect of an Iverson comeback, for what that’s worth.

Any comments about this race or other state legislative contests are welcome in this thread.

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Democrats to run new candidate in Iowa Senate district 13

Two-term State Senator Roger Stewart of Preston announced last week that he will not seek re-election in Iowa Senate district 13 next year. On Monday Ed O’Neill of Clinton confirmed that he will seek the Democratic nomination for this seat. It’s not clear yet whether there will be a contested primary. Stewart helped recruit O’Neill for this race, and he seems like a strong candidate:

O’Neill works for the Clinton Regional Development Corporation, where he focuses his energy on the creation and retention of high-wage jobs, the press release says. He previously was a small business owner, police officer, and a finance and lease manager.

“I know first-hand the difficulties small and large businesses face each day,” O’Neill said. “I’m sick and tired of seeing Wall Street corporations – not Main Street businesses – get the attention of politicians. I will work for a more even playing field that encourages economic development and creates good jobs in our local communities.”

He added: “Solving problems means listening and reaching out to everyone involved. That’s what I’ve done as an active member of my community, and that’s the positive approach I will take to the Iowa Senate.”

O’Neill also previously served as a member of the Clinton City Council and Hancock County (Illinois) Board of Supervisors. He has been active in various community activities, including serving as a board member of the Prince of Peace Academy School Board and attending Prince of Peace Catholic Church.

Iowa Senate district 13 (map) includes all of Jackson County and parts of Dubuque and Clinton counties. It’s fairly strong Democratic territory; in 2006, Chet Culver easily beat Jim Nussle in these counties, even though they were part of the Congressional district Nussle represented. Stewart won re-election to the Iowa Senate with just under 65 percent of the vote against Republican Lametta Wynn.

On the other hand, an open seat is usually an inviting target, and the unemployment rate in Jackson and Clinton counties is nearly 8 percent. I’ll be surprised if Republicans don’t make a major push in this district, even though it’s not going to be one of their top Iowa Senate pickup opportunities.

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Events coming up during the next two weeks

Last month was so busy that I didn’t manage to post any event calendars here, but I am back on duty now. The highlight of this month for Democrats is the Iowa Democratic Party’s Jefferson-Jackson Dinner on Saturday, November 21, featuring Vice President Joe Biden. You can buy tickets online.

Please note that November 10 is the deadline for public comments to the Iowa Department of Natural Resources about protecting our Outstanding Iowa Waters. The Farm Bureau is mobilizing public comments against these regulations. The DNR needs to hear from Iowans committed to preserving our highest-quality waterways. Click here for background and an easy to use comment form.

State Senator Staci Appel will officially announce her re-election campaign on November 12, and I’ve posted details about a fundraiser for her campaign below the fold. Appel’s Republican opponent, State Representative Kent Sorenson, is already gearing up for next year’s election. He spent the weekend in Texas attending the WallBuilders ProFamily Legislators Conference. Here’s some background on David Barton’s vision for America, chock full of Biblical interpretations supporting right-wing public policies. Barton spoke to the Iowa Christian Alliance not long ago (click that link to watch videos). Former presidential candidate Ron Paul is headlining a fundraiser for Sorenson on November 14, by the way.

Many more event details are after the jump. As always, please post a comment about anything I’ve left out, or send me an e-mail (desmoinesdem AT yahoo.com).

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McKinley stops pretending to run for governor

Paul McKinley dropped out of the governor’s race today to focus on next year’s Iowa Senate elections. His move made sense, because the Iowa Senate Republican caucus has never been smaller than the current 18 members. With 19 Senate Democrats and only 6 Republicans up for re-election in 2010, the GOP is almost bound to make some gains.

My question is, why did McKinley wait so long to make this announcement? Although he promised in July to “aggressively explore” a gubernatorial campaign, McKinley failed to turn up in most places you’d expect to find potential Republican candidates. In fact, Craig Robinson wrote last month,

McKinley’s indecisiveness since announcing his gubernatorial campaign hasn’t just sunk any aspirations he may have for higher office in the future, but it might also have impacted his effectiveness as the Senate Republicans’ chief fundraiser, recruiter, and strategist. With McKinley not devoting his full attention to his gubernatorial campaign and not having communicated his progress in advancing the Republican cause in his current position, one might question if he is the right person to lead Republicans in the State Senate.

What do you think, Bleeding Heartland readers? Will some other Senate Republican (say, Merlin Bartz) challenge McKinley’s position in the upper chamber? Or will meaningless gestures like McKinley’s “state sovereignty resolution” pacify his GOP critics?

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Republicans not wild about Zaun for Congress

State Senator Brad Zaun may not be the Republican establishment’s favorite choice to run against Representative Leonard Boswell in Iowa’s third Congressional district next year. The first hint was Krusty Konservative’s complaint last week that Zaun’s trial balloon “isn’t very well thought out,” because when you’re in charge of recruiting Republican candidates for the Iowa Senate, you can’t “bail on them and run for Congress.”

Now, Krusty can be a loose cannon, but the top story at The Iowa Republican today makes me think heavyweights in the GOP want Zaun to stay where he is. Craig Robinson speculates about GOP recruiting against Boswell, and he isn’t sold on Zaun:

First, Zaun is one of the Republican state senators who has been tasked to recruit candidates. In a year when 19 of the 25 seats that are up for election are under Democratic control, this is no easy task. Also, if Zaun runs for Congress, it means one less incumbent raising money and mentoring new candidates, something Republicans in the senate desperately need him to do.

Zaun is also not a prolific fundraiser. While he needed to raise significant funds to win his senate seat, it’s not a task that he necessarily enjoyed. While Zaun would bring more donor contacts than the current candidates in the race, it would probably be difficult for him to raise the million plus dollars that it will take to run a competitive race against Congressman Boswell.

While some might think that Iowa Republicans are destined to only recruit token opposition against Boswell, TheIowaRepublican.com has heard rumors that a well known, top-rate recruit will announce before the year ends. TheIowaRepublican.com can also confirm that the recruit is not Senator Zaun.

A top-notch candidate with the ability to raise significant amounts of money would elevate the 3rd District Congressional race to a point where it could be targeted by the National Republican Congressional Committee next fall. If that were to occur, not only would Republicans have a chance at picking up the seat, but it could also help in the statewide U.S. Senate and gubernatorial campaigns, as well as local down-ballot contests.

Any idea who this great fundraiser and “top-rate recruit” may be? Former state GOP chairman Mike Mahaffey has been thinking about this race, and he probably could raise a lot of money, but it sounds as if Robinson is talking about a surprise candidate.

Zaun has said he’ll decide within the next few weeks whether to run against Boswell. I don’t consider him a major threat, while Bleeding Heartland user ragbrai08 somewhat disagrees. I am skeptical about the NRCC pouring money into this race, because they have plenty of other targets, as well as a handful of tough House seats to defend. Also, even if a Republican beats Boswell in 2010, that wouldn’t be a long-term net gain for the GOP, because redistricting will probably pit the IA-03 winner against Representative Tom Latham in the 2012 primary.

Put your own speculation in this thread.

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Competitive race coming in Iowa Senate district 9

First-term Democratic State Senator Bill Heckroth of Waverly announced yesterday that he will seek re-election in Iowa Senate district 9, which includes Butler and Bremer counties, along with parts of Black Hawk and Fayette counties. After the jump I’ve posted Heckroth’s press release, containing background on his career and his achievements in the legislature.

Senate district 9 is one of the Iowa GOP’s better pickup opportunities next year. Traditionally, Republicans have had a voter registration edge in this district, although I don’t know the current numbers. Republican Bob Brunkhorst represented Senate district 9 before retiring in 2006. Heckroth won the open-seat contest against Tom Hoogestraa by a reasonably comfortable margin of 1,346 votes, or 52.4 percent to 46.5 percent (pdf file). Then again, 2006 was a Democratic wave election.

Heckroth’s opponent next year will be Bill Dix, who announced his candidacy yesterday. Dix spent ten years in the Iowa House representing district 17, which makes up half of Senate district 9 and includes all of Butler plus part of Bremer county. Click here for state legislative district maps.

Dix rose to the level of Iowa House Appropriations Committee chairman. When Jim Nussle ran for governor in 2006, Dix sought the Republican nomination in the first Congressional district. He came up short against Mike Whalen in the GOP primary, but did well in the counties that are in Senate district 9 (pdf file), especially Butler County. Dix has been working at his family farm since 2006, but he told Charlotte Eby that the state’s budget problems “caused me to say we need to fix the mess, and I’m excited about coming and bringing what I can to put Iowa back on the right track.”

Ed Failor of Iowans for Tax Relief attended Dix’s press conference yesterday, which suggests that this statehouse campaign will be a fundraising priority for Republicans and their interest-group allies.

For those in northeast Iowa who want to get involved with Heckroth’s re-election campaign, he has listed contact phone numbers and e-mail addresses in the press release after the jump. That release also has details on Heckroth’s upcoming campaign kick-off events in Oelwein on November 8, in Waverly on November 9, and in Allison on November 12.  

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Democrats, don't cop out when asked about marriage

Between now and the end of the 2010 legislative session, self-styled “defenders of marriage” will urge Democrats in the Iowa House and Senate to approve a constitutional amendment banning same-sex couples from marrying. Bryan English, director of public relations and outreach for the Iowa Family Policy Center, wrote a guest post for The Iowa Republican blog about his recent efforts to convince Democratic State Senator Dennis Black (district 21).

English and I disagree on most political issues, including the Iowa Supreme Court’s ruling in Varnum v Brien, but in this piece he shines a light on talking points Democrats should avoid when confronted by opponents of marriage equality.

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Gronstal: Legislators see few benefits from film tax credit

Iowa Senate Majority Leader Mike Gronstal discussed the film tax credit fiasco on this weekend’s Iowa Press program, and it sounds like defenders of the tax credit will be fighting an uphill battle during next year’s legislative session:

“I think we’re going to get this investigation from the Attorney General and from the State Auditor. I think we’re going to do a good evaluation of the program and if we can’t show a real benefit to the state of Iowa – and not just a few part-time jobs, but a real long-term benefit to the state of Iowa – I think it’s 50-50 as to whether this program continues.”

According to Gronstal, he and other legislators right now “see very little in terms of potential benefits” to the state from the film tax credits which have been awarded already.  […]

Gronstal says he may regret having voted to create the program and he expects some political fall-out from this episode.

“People will be disappointed in that, but I think it’s the responsibility of the legislature – we try things in economic development. Everything we try doesn’t work and it’s perfectly o.k. to occasionally decide, ‘You know, we’ve (gone) down a road and that road doesn’t make as much as sense as we thought it made,’” Gronstal says. “And so we’re going to go back and change that.”

Gronstal also defended Governor Chet Culver, saying “once he found out about [problems with the film tax credit] he acted quickly and put the program on hold and got people to investigate.”

Gronstal expressed surprise that a flood of applications for film tax credits this spring allowed producers to get around the $50 million annual cap the legislature approved for the program. (Note to legislators: next time you cap a tax credit, make the law go into effect immediately on being signed by the governor.)

Culver has ordered a comprehensive review of all Iowa tax credits, and Gronstal made clear that legislators will subject these programs to additional scrutiny in the coming year:

“If you can show that a tax credit creates a climate, for instance, the research activities tax credit – if you can show that that keeps an industry here in the state of Iowa and builds long-term jobs and high-wage, high-skills jobs in this state where there’s a net benefit to the state by having that set of jobs come along with it, yeah, that makes sense,” Gronstal says.  But Gronstal says if you can’t show that, then the tax credit should be repealed.

A critical analysis of Iowa’s tax credits is overdue, but better late than never. State revenues continue to lag behind projections because of the recession. Repealing wasteful tax credits could reduce the size of state spending cuts during the 2010 fiscal year. Iowa Republicans would like to plug the budget gap entirely through spending cuts, but they forget that deep spending reductions by state and local governments can also be a drag on the economy.  

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Why Marriage Equality is Here to Stay

(I think this is why Bob Vander Plaats and others have pushed for the unworkable "governor executive order to end gay marriage" scenario. - promoted by desmoinesdem)

The short of it is because Republicans have ZERO chance of taking back the Senate anytime soon.  I’ve felt since the ruling that it probably would never get overturned.  I got curious today and decided to investigate further.  So I started to think like a social conservative (it was scary) and tried to find any feasible way for this to pass the Lege in the near future.  

It will not pass in the 2010 session according to both the House and Senate leadership.  So the Repubs best hope is for a successful election in 2010 to make it possible.  It is in the realm of possibility that Repubs take back the House.  I really don’t think they will, but there are a lot of competitive races that could flip in a good year for them.  I could even see an amendment passing that chamber in the next couple sessions with “six-pack” help.  Incidentally, there are quite a few Republican-held seats that could flip for us in a good year as well.  I think redistricting will help us in 2012 too, but that is for another post.

The Senate is a different story.  There are precisely 4 competitive Democrat-held Senate districts that are up for re-election in 2010.  Those are, with 2006 results:

STATE  SENATOR DISTRICT 5

Rich Olive                       Democrat            11224

James Kurtenbach          

Republican          11162

STATE  SENATOR DISTRICT 9

Bill Heckroth                   Democrat            11902

James Kurtenbach          

Republican          10556

STATE  SENATOR DISTRICT 37

Staci Appel                     Democrat             12827

Julian Garrett                  Republican            12055

STATE  SENATOR DISTRICT 45

Becky Schmitz                Democrat              10362

David Miller                    Republican             10178

Source: Iowa SOS Website

Even if Republicans pull off all four of these races they will still be down 28-22.  I tend to think that Olive and Schmitz are safe.  Schmitz especially after the Hanson victory, which is half her district.  I don’t know much about Heckroth.  I currently reside in Appel’s district and that is going to be a dog fight I’d wager.    I’m going to do everything I can to help her (and you should too).  

That means that in all likelihood (and I trust Gronstal won’t budge, he tends not too)  That a constitutional amendment cannot possibly pass the Senate until AFTER the 2012 election.   We’ll have a guy named Obama at the top of the ticket that year and will hopefully improve down ballot organizing from ’08.  I like our chances.

My prediction is that it never even gets put to a vote.  Based on the above, the EARLIEST it could come up would be 2016.  I’m confident it would be soundly defeated by then if that were the case.  The polls already show it about even.  

My other prediction is that Republicans will go all out on this issue and thus alienate a whole generation of Iowans who are turned off by their bigoted agenda. I think this has already happened to an extent with Bush and company, but it will be a real problem for them in the future.  

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High-profile showdown coming in Senate district 37

Next year’s campaign in Iowa Senate district 37 will be closely watched statewide and may draw some national attention. Republican State Representative Kent Sorenson has decided to challenge first-term Senator Staci Appel instead of seeking re-election to Iowa House district 74. The socially conservative Sorenson made a splash this summer with his open letter imploring Senator Chuck Grassley to provide “principled and bold leadership” to advance the Republican Party platform. Appel is assistant Senate majority leader and chairs the State Government Committee. Her husband is one of the seven Iowa Supreme Court justices who unanimously struck down our Defense of Marriage Act in April.

Republican blogger Craig Robinson is upbeat about Sorenson’s chances.

My opinion on this matchup hasn’t changed since Robinson first discussed the prospect in May: Bring it on.

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Looks more like a lieutenant governor candidate to me

State Senator Jerry Behn of Boone is officially launching his gubernatorial campaign today, after appearing at numerous Republican events around the state this summer. Radio Iowa posted Behn’s news release here. It’s nothing you haven’t heard before: he wants to rein in “excessive spending” and let Iowans vote on a constitutional amendment to ban same-sex marriage (as if we subject minority rights to a majority vote in this country).

Behn also touts his experience as a farmer growing corn and soybeans: “Common Sense is an integral part of farming. You also learn firsthand lessons in freedom, individual responsibility and self reliance.” I’ll wager that Behn’s business model depends on getting subsidy checks from the federal government every year. Most small business owners have to do without those.

Getting back to the news of the day, I see no promising niche for Behn in the Republican field. Whether or not Terry Branstad decides to run for governor, Behn looks to me like he’s fishing to be someone’s running mate. He has nothing to lose by staying in the race, since he was just re-elected to represent Senate district 24 in 2008.

Speaking of gubernatorial candidates with no hope of getting the nomination, Senate minority leader Paul McKinley was a no-show at the Black Hawk County Republican dinner on Sunday. He is not even pretending to run a real campaign.

As for serious contenders, Bob Vander Plaats will officially launch his campaign on Labor Day. Christian Fong was the first candidate to go up on radio statewide. State Representatives Chris Rants and Rod Roberts are still in the exploratory phase but have actively campaigned this summer. Branstad has said he will decide by October whether to run for governor again.

UPDATE: What a joke. After claiming his main issue is balancing the budget, Behn tells Kathie Obradovich and Jason Clayworth of the Des Moines Register that he would have the goal of eliminating Iowa’s state income tax to increase Iowa’s population:

He looks to no-tax states like Texas, Nevada and Florida as models. (And notes that South Dakota also has no income tax.)

But, he said, he doesn’t have a plan for replacing the revenue needed to run the state.

Raise your hand if you want Iowa’s schools and other public services to sink to the levels found in those no-income-tax states. I didn’t think so.

Radio Iowa’s Kay Henderson comments,

Unfortunately, Behn forgot to mention his get-rid-of-state-income-taxes idea during his half-hour discussion with reporters from Radio Iowa and The Cedar Rapids Gazette. Nor did Behn bring that up during his interview with WHO-TV or during his interview with IowaPolitics.com.

Not ready for prime time.

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The Iowa legislature can't enforce its own disclosure rules

Iowa Citizens for Community Improvement on Wednesday filed an ethics complaint against the Iowa Pharmacy Association, which entertained Governor Chet Culver and numerous state legislators in February but did not disclose the reception until after journalists started asking questions five months later. State Representative Kerry Burt, who attended the event, was arrested later that night for drunk driving. From an August 5 Iowa CCI press release:

Iowa CCI’s initial research has uncovered 26 additional late-filing disclosure violations by lobbyist groups during the 2009 legislative session.  This amount represents nearly one-third of the 90 reports that were filed in 2009.

“Today we are focusing on the Iowa Pharmacy Association because its disclosure violation is the most egregious example of abuse of the law by special-interest lobbyists, particularly because they only filed after they were caught,” [Iowa CCI’s State Policy Organizing Director Adam] Mason said.

This emerging and growing political scandal raises new questions about the ability of the House and Senate Ethics Committees to accurately monitor and regulate these types of events.

In 2005, state lawmakers voted to strip oversight powers from the nonpartisan State Ethics and Campaign Disclosure Board and task the House and Senate Ethics Committees with oversight responsibilities.  Since then, the number of reported filings have gone down, as has the reported amount of money spent at lobbying events.

I called Mason today with more questions and learned that Iowa CCI filed the complaint with the secretary of the Iowa Senate and the chief clerk of the Iowa House. According to Mason, the Iowa House and Senate Ethics Committees cannot investigate this kind of disclosure violation in the absence of a complaint filed by a third party.

The trouble is, no third party would typically be in a position to set this process in motion. If not for Burt’s bad judgment and bad luck, the public would never have known that the Iowa Pharmacy Association wined and dined policy-makers in February. Iowa CCI has been comparing the disclosure reports filed against the social calendar for legislators from the 2009 session, but Mason told me that not all details about entertainment offered to state legislators are available to the public. Some industry groups provide free travel, food or drinks to lawmakers when the legislature is out of session.

More disturbing, no one on the House or Senate Ethics Committees seems to be taking responsibility for enforcing the disclosure rules. In April, Senate Ethics Committee Vice Chairman Dick Dearden admitted that no one checks the reception disclosures against the legislators’ social calendar. The Des Moines Register reported at the time that Dearden “does not recall any organization ever being punished for not filing reception disclosures properly.”

Legislators should stop pretending to care about money in politics and start addressing real problems with our current system of campaign finance and lobbying. A good start would be to give oversight powers back to the State Ethics and Campaign Disclosure Board.

I’ve posted Iowa CCI’s full press release after the jump.

UPDATE: Forgot to link to Jason Hancock’s piece on this subject at Iowa Independent.

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Happy Windsor Heights zip code day!

July 1, 2009 is a big day: the 4,800 residents of Windsor Heights are no longer divided by three zip codes. It couldn’t have happened without Congressman Leonard Boswell’s legislative efforts last year, and that probably wouldn’t have happened without Ed Fallon’s primary challenge. (Note: WHO’s Dave Price attended last night’s event celebrating our new zip code.)

Don’t feel left out if you’re among the 3 million Iowans who aren’t enjoying the good life in our state’s only inner-ring suburb. You too may be affected by one of the many laws that take effect today.

The Iowa House Democrats posted a partial list of these laws on their site, and Jason Hancock provided additional information at Iowa Independent, such as the margin by which these bills passed during the 2009 session. Many won unanimous approval or overwhelming bipartisan majorities in one or both chambers.

Most of the new laws are steps in the right direction for Iowa: increased foreclosure protections; $30 million in historic tax credits; expanded health care for children, low-income pregnant women and adult children under 25; broader eligibility for wind energy tax credits; more job protection for volunteer emergency providers, electronic logbooks to track pseudoephedrine sales. A few of the highlights on the House Democrats’ list deserve additional comment.

New rules for sex offenders: I’m glad that legislators replaced pointless sex offender residency restrictions that did nothing to protect children from predators, according to prosecutors as well as advocates for exploited children.  Too bad nobody listened to State Representative Ed Fallon, who was the only legislator to vote against the 2002 law and got bashed for that vote during his primary challenge against Boswell (see also here). Speaking of campaigns, Chris Rants was one of only three state representatives to vote against the new sex offender law. Will he make this an issue in the gubernatorial race?

Manure application during winter: On principle I think it’s a bad idea for legislators to interfere with the rulemaking process at the Department of Natural Resources. However, amendments greatly improved this bill from the version that passed the Iowa Senate. In fact, the new law includes tougher restrictions on liquid manure application than the rules that the DNR would have eventually produced. It’s important to note that these restrictions only apply to manure from hogs. Cattle farmers face no new limits on what to do with solid manure during winter.

Consumer fraud protections: Iowans rightly no longer need permission from the Attorney General’s Office to sue some types of businesses for fraud. Unfortunately, this law contains an embarrassingly long list of exemptions.

Nursing home rules: It’s pure chutzpah for House Democrats to write, “Nursing homes will face higher fines for incidents resulting in death or severe injury.” More like, nursing homes will no longer be fined for the violations most likely to result in death or severe injury, but are subject to higher fines for offenses regulators never charge anyone with.

Let’s end this post on a positive note. The septic tank inspection law approved during the 2008 session also takes effect today. Over time these inspections will reduce water pollution produced by unsewered communities in Iowa. Credit goes to the legislators who approved this bill last year and to Governor Chet Culver. He wisely used his line-item veto to block State Senator Joe Seng’s attempt to sneak a one-year delay of the septic tank inspections into an appropriations bill.

This thread is for any thoughts about Iowa’s brand-new laws. Probably none of them will be as controversial as the public smoking ban that took effect on July 1, 2008.

Welcoming wishes for Iowa Democratic Party field director Dena Gleason

The Iowa Democratic Party announced yesterday that Dena Gleason will be field director for the 2009/2010 election cycle. From the IDP’s press release:

“Grassroots organizing has been the foundation of recent successful Democratic campaigns. Dena learned the value of these techniques while working for now President Barack Obama. She will be a key player in implementing a field strategy to mobilize the thousands of new Democratic registrants and volunteers recruited over the last two election cycles,” said Michael Kiernan, Chair of the Iowa Democratic Party. “Dena brings with her cutting edge organizational techniques that were used so successfully to elect President Obama. I am excited to welcome Dena to the team as we prepare to re-elect Governor Culver and the Democratic Ticket.”  

Gleason, originally from southern Minnesota, worked for President Obama during the primary in Iowa, Kansas, Texas and Pennsylvania. She returned to Iowa in the general election to continue her work for President Obama. Most recently Dena worked for SEIU’s Change that Works where she mobilized health care supporters across Iowa.

I would like to congratulate Gleason and wish her every success in her new job. I have a few other wishes too:

May Culver and our legislative leaders remember that Gleason can’t wave a magic wand and deliver an effective GOTV campaign.

May Iowa leaders motivate newly-registered Democrats to vote in a non-presidential year by showing them tangible results from Democratic control of the legislature and governor’s chair. Many big problems in this state haven’t been addressed during the past three legislative sessions.

May legislative leaders excite key constituencies about volunteering next year–for instance, by passing a good labor bill and moving forward instead of backward on environmental protection. I currently hear a lot of “Why should I bother?” from experienced phone bankers and door knockers.

May Gleason’s field plan prioritize legislative districts we won and lost by narrow margins in 2008, so that Democrats are not left wondering what might have been parts of the state where Democratic turnout was weak last year.

May Gleason learn from the Obama campaign’s mistakes as well as its successes, so that field organizers and volunteers do more to educate new voters about filling out the whole ballot.

Please share your own welcoming wishes in this thread.

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Pharmacy board declines to reclassify marijuana in Iowa

I missed this story earlier in the week, but caught it at the Huffington Post on Friday:

The Iowa Board of Pharmacy sidestepped a court ruling this week, which had ordered it to consider whether the state should reclassify marijuana as having medical value. […]

The effort to reclassify marijuana in Iowa is led by the American Civil Liberties Union and local medical marijuana users. […]

The pharmacy board was fully informed by assistant attorney general and counsel to the board Scott Galenbeck of its job. “Judge Novak’s ruling states,” Galenbeck read to the board, “‘The board must determine whether the evidence presented by petitioner is sufficient to support a finding that marijuana has accepted medical use in the United States and does not lack accepted safety for use in treatment under medical supervision.’ A couple sentences before that the judge stated if the board believes that evidence presented by petitioner was insufficient to support such a finding it should have stated such in its order.”

The board had previously rejected the ACLU effort. The civil liberties group appealed to the district court, setting up this week’s rematch.

Yet the Iowa board, instead of asking whether it has “accepted medical use in the United States,” asked whether Iowa should approve of it, which is not a question for the board but for the Iowa legislature.

A bill to legalize the medical use of marijuana was introduced in the Iowa Senate this year. More details about that are after the jump.

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How one industry's political investments paid off

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

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

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

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

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

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

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Good news for water quality in Culver's final bill signings

Governor Chet Culver signed more than two dozen bills on May 26, the last day he was able to take action on legislation approved during the 2009 session. Two of the bills made up the last piece of the I-JOBS program, four more are aimed at helping veterans and Iowans on active duty, and the rest cover a wide range of issues.

Some good news for water quality was buried in the long list of bills and veto messages signed on Tuesday. For the details, follow me after the jump.

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