# Janet Petersen



State Patrol must respect civil rights at Iowa Capitol

Iowa lawmakers have never enacted a “bathroom ban” targeting transgender people, but some State Patrol officers took it upon themselves to enforce that non-existent policy at the Capitol on March 12.

Security guards forced a large group of students to leave the building because some of the teens had used restrooms conforming to their gender identity.

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Brad Zaun won't rule out 72-hour waiting period for treatment after miscarriages

Republican State Senator Brad Zaun has declined to clarify whether his proposed 72-hour waiting period for all abortions would also apply to people needing a common medical procedure after a miscarriage.

At a political forum in Grimes on February 21, Zaun told a constituent who asked about miscarriages that his bill calls for a “72-hour ultrasound before any abortion is performed.”

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Iowa Republicans pushing anti-abortion bills while they still can

Republican lawmakers in the Iowa House and Senate advanced several bills targeting abortion procedures and providers this week, as a legislative deadline approached.

Several political factors make this year a perfect time for the GOP to curtail Iowa women’s reproductive rights. First, it’s an election year, and no issue motivates social conservative voters more than abortion. Second, 2020 may be the last year of a Republican trifecta. Democrats have a realistic chance to win control of the Iowa House (now split 53-47) in November, which would take any anti-abortion legislation off the table. Finally,  Governor Kim Reynolds will soon have appointed four of the seven Iowa Supreme Court justices, ensuring that the high court will uphold almost any abortion restriction passed this year.

Where things stand on the anti-abortion bills introduced this year:

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Who's who in the Iowa Senate for 2020

The Iowa Senate convened for its 2020 session on January 13 with 32 Republicans and 18 Democrats. Eleven senators are women (six Democrats and five Republicans), up from six women in the chamber before the 2018 elections.

I enclose below details on the majority and minority leadership teams, along with all chairs, vice chairs, and members of standing Iowa Senate committees. Where relevant, I’ve mentioned changes since last year’s legislative session. A few committees have new Republican leaders. On the Democratic side, Eric Giddens now represents the Senate district where Jeff Danielson resigned last year.

A few words about demographics: all current state senators are white. To my knowledge, the only African American ever to serve in the Iowa Senate was Tom Mann, elected to two terms during the 1980s. No Latino has ever served in the Iowa legislature; in 2014, Nathan Blake fell 18 votes short of becoming the first. No Asian American has served in the Iowa Senate since Swati Dandekar resigned in 2011.

Some non-political trivia: the 50 Iowa senators include two Smiths (a Democrat and a Republican) and two Taylors (both Democrats). As for first names, there are three Marks, three Zachs, and two men each named Dan, Jim, Tim, and Tom.

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Iowa Republican lawmakers having trouble with oversight concept

Members of the Iowa House and Senate begin the work of the 2020 legislative session this morning. Speaking to journalists last week, GOP leaders described plans to work on a wide range of issues in the coming months, including workforce development, taxes, child care, and medical cannabis.

But top statehouse Republicans aren’t planning any oversight hearings on what’s been happening at the Glenwood Resource Center for Iowans with severe intellectual disabilities.

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Reynolds vows action on voting rights backlog before Iowa caucuses

Governor Kim Reynolds promised this week that 347 people who have asked her to restore their voting rights will have their applications reviewed in time for the Iowa caucuses on February 3.

“We’re not where we need to be” on processing those applications promptly, Reynolds acknowledged during a January 7 forum for statehouse reporters, organized by the Associated Press.

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Kim Reynolds keeps giving away the store to for-profit Medicaid managers

Governor Terry Branstad and then Lieutenant Governor Kim Reynolds promised endlessly that privatizing Medicaid would make the system more “sustainable.” The talking point became a crutch for Governor Reynolds whenever she faced questions about problems privatization has created for patients, caregivers, and health care providers.

The old state-run Medicaid system wasn’t sustainable, Reynolds told reporters again and again. The new system was becoming more sustainable, she claimed during all three debates against her 2018 opponent Fred Hubbell.

The latest reality check arrived on July 10. For the second year in a row, for-profit companies that manage care for hundreds of thousands of Iowans on Medicaid will receive more than an 8 percent increase in government payments.

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Jim Kurtenbach to lead Iowa's HR agency. What was Kim Reynolds thinking?

Governor Kim Reynolds announced last week that Jim Kurtenbach will be the new director of the Iowa Department of Administrative Services (DAS), effective July 1. Paul Trombino has held that position on an interim basis for about a month, after the Iowa Senate did not confirm previous DAS Director Janet Phipps.

Tapping Kurtenbach for this job was a strange choice. The agency has broad responsibility for human resources, procurement, and accounting on behalf of the state. Sexual harassment or discrimination by senior officials has led to several lawsuits against the state and millions of dollars in settlements in recent years. Yet not only does Kurtenbach lack relevant experience in the HR field, his hiring and managerial decisions as Iowa State University’s vice president and chief information officer were far from a model for best practices.

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Iowa DHS director Foxhoven resigns; governor appoints Gerd Clabaugh (updated)

Jerry Foxhoven has resigned as Iowa Department of Human Services director, effective today, Governor Kim Reynolds’ office announced on June 17. The news release did not give a reason for Foxhoven’s departure. Staff for DHS and the governor did not immediately respond to questions including:

  • Did Reynolds request Foxhoven’s resignation? UPDATE: Foxhoven confirmed that she did. See update below.
  • Was the resignation related to UnitedHealthcare’s impending departure from the Iowa Medicaid program on June 30?
  • Was the resignation related to DHS negotiations with Centene/Iowa Total Care, which will begin managing care for hundreds of thousands of Iowans on Medicaid as of July 1?
  • What is the status of negotiations with the state’s negotiations with Centene/Iowa Total Care regarding the Medicaid program?

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  • Iowa attorney general seeking Catholic Church records on clergy abuse

    “We appreciate the efforts that you have undergone to produce your list of clergy who committed abuse,” Attorney General Tom Miller wrote to the leaders of Iowa’s four Catholic Dioceses on May 31. “But we believe that in this context, a credible third-party review is warranted and will add to transparency, reconciliation, and healing.”

    Miller is asking the bishops to turn over extensive records related to alleged abuse each Diocese has investigated.

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    Law denying Planned Parenthood sex ed funding on hold for now

    A new state law denying sex education funding to Planned Parenthood will likely be found unconstitutional, a Polk County District Court has determined.

    Judge Joseph Seidlin issued a temporary injunction to block new statutory restrictions on Planned Parenthood of the Heartland’s access to government sex education grants. His order, enclosed in full below, found Planned Parenthood would suffer “irreparable harm” if the law took effect. State agencies are due to announce fiscal year 2020 recipients for the Community Adolescent Pregnancy Prevention and Services Program (CAPP) and the Personal Responsibility Education Program (PREP) on May 31.

    In addition, the court’s order stated Planned Parenthood was “likely to succeed on the merits of its equal protection claim” under the Iowa Constitution, since the law contains an exemption for a “nonprofit health care delivery system” that provides abortions in some locations.

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    How the Iowa House passed the civil rights bill in 2007

    Former Iowa House Speaker Pat Murphy shares his memories of an important legislative victory twelve years ago. -promoted by Laura Belin

    Last month Iowans celebrated ten years of marriage equality. Two years prior, the legislature added protections for LGBTQ people to Iowa’s civil rights law. One of my children asked me to share that experience in writing. What you are about to read is an excerpt.

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    The 2007 votes that made 2019 a historic year for transgender Iowans

    Only three months in, 2019 is already the most significant year for transgender equality in Iowa since 2007, when state lawmakers and Governor Chet Culver added sexual orientation and gender identity to the list of protected classes in the Iowa Civil Rights Act. That 1965 law hadn’t been significantly amended in decades.

    The crucial Iowa House and Senate votes on the civil rights law happened during the first year since the 1960s that Democrats controlled both legislative chambers and the governor’s office. Support for LGBTQ equality is often taken for granted now in Democratic circles, but the issue was seen as more politically volatile twelve years ago. The bill amending the civil rights act came late in the 2007 legislative session and could not have passed without some Republican votes.

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    A tale of two personhood amendments

    Two years ago, State Senator Jake Chapman’s Republican colleagues slapped down his efforts to force a Senate vote on language declaring that life begins at conception, with every fertilized egg “accorded the same rights and protections guaranteed to all persons.”

    This week, Republicans helped Chapman accomplish what he failed to do then: sneak “personhood” language into a bill during Senate floor debate.

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    Iowa lawmakers pass another unconstitutional "Ag Gag" bill

    Iowa legislators just can’t quit violating the constitution in the service of livestock farmers and their lobby groups.

    Two months after a federal judge comprehensively dismantled Iowa’s 2012 law prohibiting “agricultural production facility fraud,” the state House and Senate approved a bill creating the crime of “agricultural production facility trespass.” Governor Kim Reynolds has indicated she will sign the legislation. (UPDATE: She signed it on March 14.)

    Although the drafters modeled the new bill after portions of an Idaho statute that survived a legal challenge, federal courts could and should strike down this law. Like the previous “ag gag” legislation, its primary purpose is to suppress speech reflecting certain viewpoints.

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    Iowa Senate broadens ethics code, but not transparency rules

    Iowa state senators have amended their chamber’s ethics code following a high-profile complaint against Democratic Senator Nate Boulton, which was dismissed late last year.

    The new language cover actions occurring outside the capitol building and allows citizens to file a complaint more than three years after an incident. However, the updated code would still lead to dismissal of a complaint like Sharon Wegner’s allegations against Boulton.

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    Country's strictest abortion ban fails first Iowa court test

    Iowa’s law banning most abortions after a fetal heartbeat can be detected violates the state constitutional guarantees of equal protection and due process, Polk County District Court Judge Michael Huppert ruled on January 22.

    The Iowa Supreme Court will almost certainly agree that the law is unconstitutional. But it is unclear whether the high court will keep its decision grounded in the Iowa Constitution, as the District Court did. If the Iowa Supreme Court strikes down the law citing provisions of the U.S. Constitution, they will open the door to appeal in the federal courts.

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    Senate Republicans throw transparency out the window

    Iowa Senate Republicans have abandoned longstanding rules that ensured subcommittee meetings would be open to the public and announced at least 24 hours in advance, and that committee chairs would allow votes on all germane amendments to bills.

    Senate committees had operated under those rules since the 2005 legislative session, when each party had 25 senators. The rules remained standard practice throughout ten years when Democrats controlled the upper chamber and the first two years of a Republican majority following the 2016 elections.

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    Who's who in the Iowa Senate for 2019

    The Iowa Senate convened for its 2019 session on January 14 with 32 Republicans and 18 Democrats. A record eleven senators are women (six Democrats and five Republicans), up from six women in the chamber at the start of the last legislature’s work.

    I enclose below details on the majority and minority leadership teams, along with all chairs, vice chairs, and members of standing Iowa Senate committees. Where relevant, I’ve mentioned changes since last year’s legislative session. Note that Democratic Senator Nate Boulton will serve on committees after all. Minority Leader Janet Petersen had declined to assign him to any committees last month.

    A few words about demographics: all current state senators are white. To my knowledge, the only African American ever to serve in the Iowa Senate was Tom Mann, elected to two terms during the 1980s. No Latino has ever served in the Iowa legislature; in 2014, Nathan Blake fell 18 votes short of becoming the first. No Asian American has served in the Iowa Senate since Swati Dandekar resigned in 2011.

    Some non-political trivia: the 50 Iowa senators include two Smiths (a Democrat and a Republican) and two Taylors (both Democrats). As for first names, there are three Marks, three Zachs, and two men each named Dan, Jim, Tim, Tom, and Jeff.

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    Attacking Nate Boulton's accuser was wrong on every level

    The Iowa Senate Ethics Committee convened for less than five minutes on December 20 to consider a complaint filed against Democratic State Senator Nate Boulton. Speaking on behalf of the six committee members (three from each party), Republican Chair Jerry Behn said the committee had not attempted to verify the facts underlying Sharon Wegner’s allegations of sexual misconduct. Rather, they determined the panel had no jurisdiction over matters that occurred before Boulton was elected in November 2016.

    Boulton had made that point on the first page of his written response to the complaint. He didn’t need to say anything else to achieve the desired outcome at yesterday’s committee meeting. Instead, he submitted more than 30 pages of written material seeking to discredit his accuser. That was a huge mistake.

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    Nate Boulton has no Iowa Senate committee assignments, for now

    Iowa Senate Minority Leader Janet Petersen has not assigned State Senator Nate Boulton to serve on any committees during the 2019 legislative session. In a written statement released on December 7, Petersen said, “I will defer making any committee assignments for Senator Boulton until the Senate Ethics Committee completes its ongoing investigation into the complaint filed against him.” In that complaint, filed last month, Sharon Wegner alleged sexual misconduct occurring in 2015, when Boulton was a candidate for the legislature.

    Much of the legislature’s work happens in committees, so Petersen’s action will significantly limit Boulton’s ability to influence bills next year.

    The move also indicates that Democratic leaders are unlikely to ask Boulton to lead the opposition to high-profile Republican bills during Senate floor debate, as happened several times in 2017 and 2018.

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    Nate Boulton now subject of Iowa Senate ethics complaint

    The Iowa Senate Ethics Committee has received a formal complaint from Sharon Wegner regarding alleged sexual misconduct by Nate Boulton before he was elected to the legislature, Brianne Pfannenstiel reported for the Des Moines Register on November 19. It’s unclear whether the complaint will lead to a broader investigation of Boulton, who has ignored calls from some leaders of his caucus to resign.

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    Lessons of 2018: Both parties elected more women lawmakers than ever

    Fourth in a series interpreting the results of Iowa’s 2018 state and federal elections.

    The largest group of women ever to run for the Iowa legislature has produced the largest contingent of women lawmakers in state history.

    For the first time, women will make up more than a third of Iowa House members and a majority of the lower chamber’s Democratic caucus.

    The number of women serving in the Iowa Senate will exceed the previous record set in 2013 and 2014. In a major shift from the recent past, the women senators will include almost as many Republicans as Democrats.

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    Nate Boulton won't quit Iowa Senate, discloses past "binge drinking" problem

    State Senator Nate Boulton made clear this afternoon he will not resign from the legislature over the sexual misconduct allegations that ended his Democratic campaign for governor in May.

    In a written statement posted in full below, he attributed some of his past actions to “binge drinking,” which “has no doubt led me to misread appropriate social boundaries and make choices that I would never tolerate while sober.” Boulton said he began working on his alcohol consumption last November and has not had a drink in months despite the “humiliating public debate” over his behavior. He further resolved to “make my example one of hope for anyone struggling through a personal crisis” and continue serving out his Iowa Senate term, which runs through 2020.

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    The "dignity of work" and one's worth

    Eric Donat is a Democratic activist, volunteer, and disability advocate from Waterloo. -promoted by desmoinesdem

    I once worked at Goodwill of Northeast Iowa. I was paid $0.06 (6 cents) per hour minus meals. For one week of working there I was paid $3.24 – and went out and purchased an ice cream cone.

    Prisoners are paid 25 to 50 cents per hour for their work and duties inside prison. Therefore, they are “worth more” and are “more valuable” than me while I was being paid 6 cents per hour when I worked at Goodwill.

    For Republicans who go on about the “dignity of work”: for me, there was no dignity in “working”- in the back room sorting ţhings, while being bullied, emotionally abused, and shamed.

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    Iowa Supreme Court holds state constitution protects right to abortion

    Five Iowa Supreme Court justices ruled today that a mandatory 72-hour waiting period for all women seeking abortion violates due process rights and equal protection guaranteed under the state constitution. Planned Parenthood of the Heartland and the American Civil Liberties Union of Iowa had challenged that provision, part of a law Republican legislators and Governor Terry Branstad enacted in 2017.

    Today’s decision guarantees that the 2018 law banning almost all abortions after a fetal heartbeat can be detected will be struck down. A lawsuit filed by Planned Parenthood, the ACLU of Iowa, and the Emma Goldman Clinic is pending in Polk County District Court.

    In addition, the ruling indicates that even if the U.S. Supreme Court overturns the 1973 Roe v. Wade decision in the coming years, Republicans will be unable to ban or severely restrict abortion rights in our state.

    Writing for the majority, Chief Justice Mark Cady rejected the “undue burden” standard for evaluating abortion restrictions, set out by the U.S. Supreme Court in its 1992 Casey decision. I enclose below the full text of the majority opinion and the dissent by Justice Edward Mansfield, whom President Donald Trump has named as a possible U.S. Supreme Court pick. I’ve excerpted some of the most important passages.

    A separate section of the 2017 law, banning almost all abortions after 20 weeks gestation, was not challenged in this case and remains in effect.

    Some Iowa judicial trivia: today marks the second time the Iowa Supreme Court has overturned an abortion-related ruling by Polk County District Court Judge Jeffrey Farrell. He had also upheld the administrative rule banning the use of telemedicine for abortion. The Supreme Court unanimously struck down that rule in 2015.

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    Nate Boulton must resign now

    Pete McRoberts: “it is absolutely essential that we as party activists affirmatively stop this problem from simply getting hidden among everything else going on, and from turning into just “one more thing.” -promoted by desmoinesdem

    We are all aware of Dave Jamison’s terrible actions that led to his firing as Iowa Finance Authority director in March. Since then, Jamison appealed his case, for unemployment insurance purposes. Administrative Judge Nicole Merrill ruled against Jamison yesterday, and her decision is a study in contrasts. One piece of the judge’s ruling jumped out at me. The person doing the firing believed the woman when she said she had been harassed; so the offender was fired.

    We Democrats have a similar problem to fix.

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    Iowans will likely elect record number of women lawmakers in 2018

    A record number of women running for office in Iowa this year has translated into a record number of women who will appear on our state’s general election ballot. Iowa State University’s Carrie Chapman Catt Center for Women and Politics noted that 85 women (86 percent of female candidates on Iowa’s primary ballot) won their party’s nominations yesterday.

    More women than ever will likely win Iowa House seats this November (current number: 28 out of 100). Female representation will almost certainly increase in the state Senate too and could exceed the previous record (ten out of 50 senators in 2013-2014). Follow me after the jump for details.

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    Iowa legislative recap: Senate confirmations

    Continuing a series on news from the Iowa legislature’s 2018 session that attracted little attention before lawmakers adjourned for the year.

    The Iowa Senate confirmed almost everyone Governor Kim Reynolds nominated for a state board or commission this year with unanimous or near-unanimous support. However, opposition from Democratic senators blocked three of the governor’s more than 200 appointees (full list here).

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    Boulton's conduct was unacceptable. His response is not credible

    Three women have described in detail incidents of non-consensual touching by State Senator Nate Boulton, Brianne Pfannenstiel reported today for the Des Moines Register. Boulton did not deny the women’s accounts but said they did not match his recollection. He also asserted his alleged behavior “in social settings” was not comparable to harassment or assault in the workplace.

    Boulton’s alleged conduct was unacceptable. His distinction is not credible. His political career is no longer tenable.

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    Iowa DHS won't vouch for accuracy of Medicaid data

    The Iowa Department of Human Services “cannot ensure the accuracy, completeness, or reliability” of data released to the public about any programs administered by Iowa Medicaid Enterprise, including the managed-care system for some 600,000 Iowans on Medicaid.

    When responding to all requests for information about Medicaid or related programs, the DHS also warns users that “there may be errors, omissions, or inaccuracies in the data provided.” Leading Iowa Senate Democrats were unaware of the disclaimer, which they described as “odd,” “troubling,” and “unacceptable.”

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    Annette Sweeney wins Iowa Senate district 25 special election

    Republican Annette Sweeney will represent Iowa Senate district 25 for the remainder of the year after winning today’s special election by 4,742 votes to 3,726 for Tracy Freese (56.0 percent to 44.0 percent), according to unofficial results. Although that may not sound like a close race, Freese’s vote share was impressive in a district with nearly twice as many registered Republicans as Democrats.

    Hillary Clinton received about 33.6 percent of the vote in Senate district 25 in November 2016. Two years earlier, Democratic U.S. Senate candidate Bruce Braley received just under 34.8 percent here. Democrats did not field a candidate in Senate district 25 during the 2014 cycle.

    In addition, Freese was a first-time candidate, whereas Sweeney represented parts of this district for four years in the Iowa House. The Iowa GOP also spent far more promoting Sweeney during the brief special election campaign (truncated because Majority Leader Bill Dix resigned during the legislative session) than the Iowa Democratic Party did on behalf of Freese. Unlike the December special election in Senate district 3, Republicans had quite a few canvassers and ballot chasers out during the last several days.

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    The governor is wrong to think silence will work

    Randy Evans, executive director of the Iowa Freedom of Information Council, weighs in on the secrecy surrounding the recent dismissal of Iowa Finance Authority Director Dave Jamison. -promoted by desmoinesdem

    Here we go again.

    The ink is barely dry on the $1.75 million check the taxpayers of Iowa had to write last fall to settle a sexual-harassment lawsuit won by an employee of the Iowa Senate Republican staff.

    The leader of the Senate Republicans, Bill Dix of Shell Rock, resigned March 12, a few hours after photos and a video were made public showing him kissing a lobbyist for the Iowa League of Cities.

    There’s more.

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    Senate confirms Iowa DHS director with four votes to spare

    The Iowa Senate confirmed Jerry Foxhoven as director of the Iowa Department of Human Services in an unusually close vote on March 21.

    Most of Governor Kim Reynolds’ appointees have won unanimous confirmation, as has typically been the case in Iowa for many years. Foxhoven’s nomination was controversial because of how privatized Medicaid has been managed, along with several tragedies involving abused children. Senate Democrats asked to defer consideration on the DHS director last month “until we can fully assess his leadership.”

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