When Cedar Rapids Mayor Ron Corbett kicks off his Republican campaign for governor on June 20, tax reform will be a major part of his “new game plan for Iowa.”

Iowa has no shortage of Republican politicians seeking to lower taxes for those with high incomes or replace a progressive income tax structure with a flatter tax. State House and Senate leaders have promised to push for income tax cuts next year, and in her first speech as governor last month, Kim Reynolds identified “reforming Iowa’s tax structure” as her “first priority.”

But Corbett frames the case for tax reform differently from the usual GOP rhetoric about spurring investment or putting money back in people’s pockets. In a wide-ranging interview last week, the mayor repeatedly called for addressing inequities in the tax code, which now favor the wealthiest Iowans over middle-class taxpayers. He also warned it would be “a big mistake” for Reynolds to lead an “exclusively Republican” push for tax changes next year.

Top staffers for Governor Terry Branstad knew more than a month ahead of time that Iowa Attorney General Tom Miller had determined Kim Reynolds would not have the authority to name a new lieutenant governor after becoming Iowa’s head of state.

Records released by the Iowa Attorney General’s office undercut numerous public statements by Reynolds and other Republican leaders, which alleged or implied Miller had blindsided the administration with a sudden reversal of his earlier view.

Documents support Miller’s comments on May 1 about the exhaustive legal and historical research informing his 23-page response to independent State Senator David Johnson. Despite accusations made by many GOP politicians, records reveal no effort by any Democratic officials to influence Miller’s views on succession questions.

On the contrary: if the attorney general faced any political pressure to change his stance on Reynolds’ constitutional authority, available information suggests that pressure came from the governor’s office.

The rumors were true: Drake University Law Professor Jerry Foxhoven will be the new Iowa Department of Human Services director, effective tomorrow.

The May 31 press release announcing Chuck Palmer’s retirement linked to a job listing for the DHS director position, to close on June 11. I would be surprised if Governor Kim Reynolds interviewed or seriously considered anyone else for this job, given the rapid turnaround. I never heard a rumor about any candidate other than Foxhoven.

I enclose below the full text of today’s announcement, including background on the new director. Foxhoven has a lot of relevant experience for the job, and I wish him the best of luck as he attempts to lead a department where big mid-year spending cuts will give way to even lower funding levels for the next fiscal year. Morale is reportedly poor among DHS workers, in part because of too-large caseloads. Medicaid privatization has proved disastrous for many vulnerable Iowans and service providers.

Speaking of which, Disability Rights Iowa filed suit yesterday against Reynolds and former DHS Director Palmer, seeking “to halt discriminatory cuts in services to 15,000 Iowans with serious disabilities,” Tony Leys and Jason Clayworth reported for the Des Moines Register. Roxanne Conlin is helping the plaintiffs, who will seek certification for a class action.

UPDATE: Lee Rood and Tony Leys interviewed Foxhoven for the Des Moines Register. I posted excerpts below, but you should click through to read the whole thing.

Iowa’s new medical cannabis law goes into effect on July 1, but “obtaining the medicine will be difficult and manufacturers said it’s unclear if the state’s effort will be viable,” Linley Sanders reported for the Associated Press this week. Her story illuminated a few reasons the law won’t help most of the people who could potentially benefit from access to cannabis derivatives.

Iowa lawmakers closed out the session with all-nighter so as not to adjourn without doing something on this issue. The previous medical cannabis law, adopted in similar last-minute fashion three years earlier, was due to expire this summer. Even for people with seizure disorders, the only conditions for which cannabis oil was allowed, the old law was too limited and unworkable.

As the new law’s defects become more obvious, we need to remember that most state legislators favored a better alternative. House Republicans thwarted their efforts.

Women in Iowa have almost no options for terminating a pregnancy after 20 weeks, under a law former Governor Terry Branstad signed a few weeks ago. Proponents have claimed the measure would “save lives immediately.”

In reality, the law will cause more pregnant women to have life-threatening health problems, and will add to the suffering of parents whose babies have no chance of survival.

Iowa Department of Human Services Director Chuck Palmer is retiring effective June 16, Governor Kim Reynolds announced today. Critics including Democratic State Senator Matt McCoy have called on Palmer to resign for months, charging that inadequate staffing at DHS facilitated more suffering and premature deaths among abused children. The department’s handling of Medicaid privatization has also drawn criticism. Despite Palmer’s promises to hold the line, the DHS agreed to pay private insurance companies more for managing Medicaid. In addition, DHS officials have downplayed numerous, ongoing reports of those companies cutting back on health care services and failing to reimburse providers promptly or adequately.

In keeping with Governor Terry Branstad’s playbook when Teresa Wahlert ended her disastrous tenure at Iowa Workforce Development, Reynolds didn’t acknowledge any problems with Palmer’s management of the DHS today. On the contrary, she and acting Lieutenant Governor Adam Gregg praised Palmer’s work in the official press release, enclosed in full below.

Governor Kim Reynolds took acting Lieutenant Governor Adam Gregg on a whirlwind tour late last week to Osceola, Mason City, Cedar Rapids, Davenport, and Gregg’s home town of Hawarden (Sioux County). Hundreds of people showed up for the Hawarden event; much smaller crowds turned out at the other venues. At each stop, Reynolds and Gregg praised former Governor Terry Branstad, and Reynolds repeated the four key goals she had laid out in her first speech as the state’s top official.

Early signs point to a highly political rather than policy-oriented Reynolds administration. The new governor’s top appointees are veterans of many Republican campaigns. Chief of staff Jake Ketzner worked on Branstad’s campaign in 2010 and managed the governor’s 2014 re-election bid; in between, he ran Representative Steve King’s 2012 campaign against Christie Vilsack. Deputy chief of staff Tim Albrecht spent most of his career as a spin doctor for GOP candidates or elected officials before joining a Republican-oriented political communications firm in late 2013. You don’t put guys like this in charge of your office if you’re a “policy wonk” or interested in reaching out to constituencies that felt ignored during Branstad’s tenure. These choices suggest that Reynolds plans to wage partisan warfare, day in and day out.

Over at Iowa Starting Line, Pat Rynard commented on how the Reynolds administration is already blurring the lines between official state events and 2018 campaign activities. Expect much more of this in the months to come.

Speaking of political games, progressive activists put up a parody site at ReynoldsGregg.org, pushing the message, “Kim Reynolds and Adam Gregg are Iowa’s new team, but unfortunately they have the same old failed priorities” (see screen shot below). Rynard recalled that GOP operatives including Albrecht relentlessly mocked Jack Hatch’s campaign for making the same mistake in 2014. At that time, quite a few of Iowa’s political reporters wrote stories about Republicans grabbing HatchVernon.com and the @HatchVernon Twitter handle. So far, those media outlets have not publicized the same incompetence on the part of the Reynolds team.

Other passages worth noting: earlier this month, the Iowa Board of Regents chose Michael Richards as president and Patricia Cownie and president pro-tem, replacing Bruce Rastetter and Katie Mulholland, whose terms ended April 30. Rastetter opted not to seek reappointment to the board, tacitly acknowledging that Iowa Senate Democrats would never have allowed his confirmation. Mulholland sought another six-year term, but for reasons that remain unclear, Branstad passed her over. Regent Larry McKibben had expressed interest in the board presidency, but he gave up without a fight and formally nominated Richards. I didn’t have a preference between McKibben and Richards; from my perspective, neither could possibly do worse in that job than Rastetter. This weekend, the Ditchwalk blog took an in-depth look at Richards: part 1 focused on his background and how he got the top job on the board, while part 2 looked at his early actions in the new position, speculating about whether Richards can fix the board’s “colossal credibility problem” after years of administrative abuses by Rastetter.

In March, Sean Bagniewski won the election to succeed Tom Henderson, the long-serving chair of the Polk County Democrats. Bagniewski announced on May 23 that former Senator Tom Harkin gave his blessing to have Iowa’s largest county Democratic organization hold an annual “Steak Fry” fundraiser. The inaugural event is scheduled for September 30 at Water Works Park in Des Moines; headliners have not yet been announced. Bagniewski joked, “One of my friends asked me how it felt to land the Steak Fry. It’s like adopting a baby gorilla. Where do you put it? How’re you going to feed it? How much is this thing going to cost?”

Final note: the New Leaders Council, “a nonpartisan program to recruit, train, and promote the next generation of progressive leaders,” is holding a fundraiser in Des Moines on Thursday, June 1. Money raised will support the five-month training program for next year’s New Leaders Council fellows. Local organizers hope to attract a more diverse class and are “doing more focused outreach to underrepresented communities” with a goal of having a 60 percent non-white and 55 percent female cohort of fellows for 2018. I enclose below more details about this week’s event and the training program.

In one of his final bill signings, former Governor Terry Branstad disregarded almost all the public input his office received regarding the Leopold Center for Sustainable Agriculture at Iowa State University. Last month, Republican state lawmakers voted to redirect revenues from a fertilizer fee that had provided the bulk of the center’s funding for 30 years. They zeroed out a separate line item which had covered most of the center’s other operating costs.

After GOP legislators ignored feedback from hundreds of Iowans who came to the Capitol or submitted written comments in support of the Leopold Center, attention turned to Branstad, since the governor has the power to veto line items from budget bills. Legal counsel Colin Smith informed me today that Branstad’s office “received approximately 907 emails” on this subject, of which only two favored eliminating the Leopold Center. More than 900 e-mails and “all but a handful” of more than 500 phone calls on this issue supported maintaining the center.

In other words, at least 99.8 percent of more than 1,400 constituent contacts urged Branstad to allow the Leopold Center to continue its work.

However, Branstad vetoed only two line items, which would have removed language about the Leopold Center from Iowa Code. He left in place provisions that redirected most of the center’s funding. Some income from the ISU Foundation remains, but that is insufficient to fund new research on topics such as water quality, conservation practices, soil erosion, and local food systems.

The ambush on the Leopold Center was a favor to corporate agricultural interests, which sought to divert fertilizer tax revenue to ISU’s narrowly-focused Nutrient Research Center, where agribusiness will likely have more control over the agenda. No one even pretended to make a substantive case for defunding the Leopold Center. Yet Branstad reduced a respected institution to a shell, ignoring almost every Iowan who appealed to him.

Before being sworn in as governor yesterday, Kim Reynolds told Barbara Rodriguez of the Associated Press, “I’m going to travel the state and I’m going to go into communities and I’m going to talk to Iowans and I’m going to listen. […] What are we missing? What are we doing right?”

A key test for Reynolds: will she–unlike her mentor–be willing to change course when Iowans overwhelmingly oppose her administration’s policy? Or will she “listen” politely, then have staff follow up with a form letter after she does whatever Republican ideologues or business lobby groups ask of her?

Seeking to avoid a lawsuit, Governor Kim Reynolds has picked State Public Defender Adam Gregg as her lieutenant governor to “serve in an acting capacity, fulfilling all duties of the lieutenant governor’s office through the January 2019 inauguration.”

Attorney General Tom Miller issued a formal opinion this month stating that Reynolds will not have the authority to name a new lieutenant governor. Reynolds and many other Republicans attacked Miller for what they called a “partisan” decision, but apparently the new governor doesn’t want to roll the dice on how the Iowa Supreme Court would resolve this question.

Instead, Gregg will have the title of lieutenant governor and the salary associated with the position. According to the governor’s Deputy Chief of Staff Tim Albrecht, “Gregg will ‘operate’ the office of lieutenant governor, but not actually ‘hold’ that office.”

The Reynolds administration acknowledges that Gregg will have no place in the line of succession. Under Article IV, Section 19 of the Iowa Constitution, if there is a vacancy in the governor’s office and the lieutenant governor becomes “incapable of performing the duties pertaining to the office of governor,” the Iowa Senate president “shall act as governor,” with the Iowa House speaker next in line to hold those powers.

I sought comment from Miller and others on whether the state constitution allows someone someone to hold the title of lieutenant governor while serving “in an acting capacity.” (The constitution does not discuss that concept, as far as I can tell.) Miller will hold a press conference later this morning, after which I will update this post. Gary Dickey, who researched these questions as legal counsel for Governor Tom Vilsack in 2004, said via e-mail today, “I know of no limitation on giving titles to employees of the office. Whether they want to call him Lieutenant, vice, or deputy means little so long as he does not attempt assume the constitutional right of succession in the event that Governor Reynolds can no longer serve.” Dickey later told the Associated Press, “As a matter of law, he’s just another staff member of the office, […] It’s a positive sign that she recognizes there are constitutional limitations to the office. I’m not sure that’s always been the case for the last six years.”

Today’s news release and background on Gregg are after the jump.

UPDATE: Miller told reporters today that the “fundamental question” in his formal opinion was related to succession questions. He said he’s “pleased” Reynolds took action today “that would not alter the succession provision,” complying with his opinion on the key constitutional question. He added that the governor can designate anyone she wants to perform certain roles on her behalf. Miller noted, “The one question that remains is the title, acting lieutenant governor. It’s a new position. It’s not a constitutional provision or position,” and it’s not part of the constitutional framework. His staff will do further research on that position. “The key fundamental question here” is who succeeds and Reynolds “complied fully” with his opinion about the Iowa Constitution. Asked whether Reynolds had ruled out any legal challenge, Miller replied that he wouldn’t “I wouldn’t go that far” to make such a “broad statement.” But making clear that Gregg is outside the line of succession “dramatically” changes the landscape for such a lawsuit.

As he said on May 1, Miller said he supports amending the state constitution to allow a lieutenant governor who assumes the governor’s office to appoint a new lieutenant governor.

Miller confirmed that no one on Reynolds’s staff consulted him about their plans. He said the governor’s senior legal counsel Ryan Koopmans called the Attorney General’s office around 9:30 this morning to inform them about the decision.

Asked to comment on Republican Party of Iowa Chair Jeff Kaufmann calling his opinion a “ridiculous partisan stunt,” the attorney general repeated that he was persuaded by the weight of the evidence, including “overwhelming” case law from other states.

Governor Kim Reynolds promised today not to “stop working until every Iowan, no matter where they live, has the same opportunity to succeed, have a satisfying career, raise a family and have a great quality of life.”

Judging by her first speech in her new role, Reynolds has some major blind spots about her own record and the challenges facing Iowans.

The collapse of Iowa’s health insurance exchange could leave more than 70,000 people with no way to purchase individual policies for 2018.

More than half the Iowans at risk of becoming uninsured would have qualified for some services under the Iowa Family Planning Network. But our new state-run family planning program–created at great expense because Republican lawmakers and the Branstad/Reynolds administration insisted on defunding Planned Parenthood–won’t be able to accommodate an influx of patients who had been on the exchange.

Joy Corning was independent. As a state senator and lieutenant governor, she didn’t cater to social conservatives who were gaining strength in the Republican Party of Iowa during the 1980s and 1990s. She paid a price for her principles when she ran for governor in 1998 and got no support from Terry Branstad, along whose side she had served for eight years. She would have been a great governor.

Joy was empathetic. Long before she ran for office, she was a young stay-at-home mom when her husband came home from work with awful news: a woman in their community had died of complications from a back-alley abortion, leaving a husband to raise three children alone. Joy couldn’t stop thinking about that mother. The tragedy fueled her dedication to protecting reproductive rights. “Whatever the circumstances of the unintended pregnancy, we cannot experience the hardship and struggle faced by some women who make this decision. We are simply not in their shoes,” Joy wrote in a guest column for the Des Moines Register this year.

Joy was fair-minded. She was among the first prominent members of her party to support marriage equality in Iowa. During the 2010 campaign, she and former Democratic Lieutenant Governor Sally Pederson co-chaired the Justice Not Politics coalition, supporting the retention of Iowa Supreme Court justices who were under attack after striking down our state’s Defense of Marriage Act.

Joy was fact-oriented. While watching the Republican presidential debates, she was repelled by Donald Trump’s “know-it-all demeanor when he really doesn’t know what he’s talking about.” She came out publicly as #NeverTrump last September and shortly before the election co-authored an editorial endorsing Hillary Clinton, in part because of Trump’s “demagoguery,” “racism, nationalism, misogyny and discrimination against people with disabilities.”

Joy was committed. Some politicians leave the state after their ambitions don’t pan out, but Joy stayed in Iowa and volunteered countless hours for many causes over the last eighteen years. In her obituary, she wrote that she was “most passionate about issues related to children and families, women’s health & rights, equality and justice, education and the arts.” For friends who are inspired to make contributions in her memory, she suggested the Planned Parenthood of the Heartland Foundation, Plymouth Church Foundation, UNI Foundation, or the Des Moines Symphony Foundation. Joy was also a founding board member of 50/50 in 2020, a non-profit seeking to elect more women in Iowa, as well as a founding member of an advisory board for the University of Iowa’s center for gifted education, named in part after my mother. (Joy and my mother became friends when both served on school boards during the 1970s–Joy in Cedar Falls, my mother in West Des Moines. I didn’t get to know Joy until many years later, when I served on a fundraising committee she chaired for what was then called Planned Parenthood of Greater Iowa.)

Joy was kind. Former Planned Parenthood leader Jill June recalled her motto: “If you can’t say something nice, be vague.” That approach to life wouldn’t produce good blog content, but it did make Joy a wonderful human being.

After the jump I’ve posted many other reflections on Joy Corning’s legacy. Please share your own memories in this thread.

Minutes ago the U.S. Senate confirmed Governor Terry Branstad as ambassador to China, clearing the way for Branstad to resign on Wednesday, allowing Lieutenant Governor Kim Reynolds to be sworn in as governor. The Senate Foreign Relations Committee had unanimously approved Branstad’s nomination earlier this month, but twelve senators voted against advancing his nomination last week, and thirteen senators voted against him on the floor today. The opponents included Democrats Sherrod Brown of Ohio, Cory Booker of New Jersey, Elizabeth Warren of Massachusetts, and independent Bernie Sanders of Vermont–all considered potential presidential candidates in 2020. In a list-building e-mail earlier this afternoon, Brown wrote,

Branstad is notorious for busting collective bargaining rights in his state. Legislation he signed into law will force Planned Parenthood clinics to close this summer.

How can we make an anti-labor, anti-women’s rights politician in charge of U.S. relations with a country that has large human rights problems, especially in the areas of women’s and workers’ rights.

Given how unpopular Branstad is with highly-engaged Democratic activists, a vote against confirming the governor certainly wouldn’t hurt any of these senators in the next Iowa caucus campaign.

Senator Amy Klobuchar of Minnesota, also a possible Democratic presidential contender, supported Branstad’s confirmation. I’ll update this post later with full details on the Senate vote once the roll call has closed and some political reaction.

UPDATE: The thirteen senators who voted against Branstad were Tammy Baldwin of Wisconsin, Richard Blumenthal of Connecticut, Booker, Brown, Tammy Duckworth of Illinois, Kirsten Gillibrand of New York, Mazie Hirono of Hawaii, Ed Markey of Massachusetts, Gary Peters of Michigan, Sanders, Chuck Schumer of New York, Debbie Stabenow of Michigan, and Warren. All are Democrats except Sanders, who caucuses with Democrats. All represent states where organized labor is relatively strong.

SECOND UPDATE: Added below Branstad’s statement and other comments on his confirmation, as well as Senator Chuck Grassley’s speech on the Senate floor before today’s vote.

I had to laugh hearing Grassley “express my disappointment and frustration with the seemingly endless obstruction on the part of the minority.” He is bent out of shape because Majority Leader Mitch McConnell had to file cloture on Branstad’s nomination:

We could have approved this nomination with just a few minutes of debate time, yet, the minority required that we use 30 hours – not because they wanted to debate the merits of the nominee, but simply to delay the business of this body.

It’s unfortunate that their delay has kept an eminently qualified individual from getting into the job to promote American interests in China sooner.

Grassley and his fellow Republicans didn’t give the eminently qualified Judge Merrick Garland even a hearing, let alone a floor vote for his nomination to serve on the U.S. Supreme Court.

Two weeks after Iowa Secretary of Agriculture Bill Northey publicly expressed interest in a job with the U.S. Department of Agriculture, he appears to have an offer on the table. Farm Journal Radio reported on May 12 that Northey will become undersecretary for farm production and conservation, a position that “includes overseeing the Farm Service Agency, Risk Management Agency and the Natural Resources Conservation Service.” The source was Jim Wiesemeyer, senior vice president of policy and trade issues for Informa Economics Inc. WHO-TV’s Dave Price said his sources confirm Northey is the pick for that job. UPDATE: Agri-Pulse was first to report this news Friday morning.

Depending on when Northey resigns, either Governor Terry Branstad or soon-to-be-Governor Kim Reynolds will appoint someone to serve as secretary of agriculture until after the 2018 election. State Representative Pat Grassley has long been rumored to be interested in Northey’s job. That statewide position would be a nice stepping stone to a campaign for his grandfather Chuck Grassley’s U.S. Senate seat in 2022.

Outgoing Cedar Rapids Mayor Ron Corbett will decide “in the next 45 days or so” whether to seek the Republican nomination for governor, he told WHO-TV’s Dave Price on May 8. After months of laying the groundwork for a possible gubernatorial campaign, Corbett launched a tour this week promoting his new political memoir, Beyond Promises. He will use those speaking engagements to see “if people can feel a connection to Ron Corbett.”

Asked how he could compete financially against Kim Reynolds, who will be the incumbent governor, Corbett responded,

Yeah, people have asked me that, “You know, you’re going to have a big uphill battle ahead of you, a big challenge ahead of you.” But you know, what in life isn’t, you know, sometimes a big climb? And I’ve taken on big challenges. Again, when–and I talk about this in the book, when I take on an incumbent speaker of the House or an incumbent state representative, I don’t do it because I want to take on that particular person. I just have ideas that I want to talk about and get implemented.

Assuming Corbett does run for governor, tax and education policy will be central to his message, so let’s take a closer look at his ideas.

Lieutenant Governor Kim Reynolds will likely begin performing the duties of our state’s highest office very soon, following Governor Terry Branstad’s expected confirmation as U.S. ambassador to China. Speaking to journalists, some Republicans who have worked with Reynolds have enthused about her willingness to study the issues and be engaged in policy-making as part of her long preparation for the job.

Unfortunately, the way Reynolds has handled the controversy surrounding her authority to appoint a new lieutenant governor has revealed a willful disdain for research and opposing views.

Now, she admits she may have trouble working with Attorney General Tom Miller, whom she views as “my legal counsel” interfering with “my plan.”

If recent events reflect how Reynolds will approach other complicated and contentious issues, Iowans have reason to worry.

Pete McRoberts, a policy attorney in Des Moines who has worked in legislative, Congressional, and statewide offices, reflects on Attorney General Tom Miller’s formal opinion on the coming transfer of power. -promoted by desmoinesdem

Plenty of time has been spent over the past few months on addressing the rare constitutional, legal, and political questions regarding the succession clauses of the Iowa Constitution and corresponding state law for when vacancies exist in state elected offices.

In plain English, the question we have to answer – not very often – is how does it work when a Governor is no longer able to perform his or her duties? This question was answered a handful of times in Iowa over the past hundred years. The most recent instance was close to 50 years ago. The Constitution has been amended since then, in a way that sits in the same pew as that question, but still somewhat distant that our immediate question as to the authority of a successor of a Governor.

The first piece of the vacancy and succession questions is whether a successor is a Governor. The two times that has happened in a modern Governor’s office – in the 1950s and 1960s – the Constitutional matter was answered with a “yes.” With the pending resignation of Governor Terry Branstad, it is sensible to not only dust off historical questions, but to take a look to see how the Constitution and laws apply now. The question is simple; “will Lt. Gov. Reynolds be a Governor, or will she be an ‘Acting Governor?”

The second question relates to the powers of a Governor to fill vacancies, specifically, to the office of Lieutenant Governor. For context, in 2009, the Legislature passed and the Governor signed a law to confirm how the Constitutional mechanism would function in that setting. The law was simple; it states that in the event of a vacancy in the office of the Lieutenant Governor, that the Governor will appoint a Lieutenant Governor for the balance of the otherwise vacant term.

Earlier today, the Attorney General issued a formal opinion on these two questions.

Iowa Attorney General Tom Miller announced today that he believes Lieutenant Governor Kim Reynolds will become the governor, and not merely “acting governor,” once Governor Terry Branstad resigns to become U.S. ambassador to China. However, in the same 23-page opinion (enclosed in full below), Miller determined that under Iowa’s constitution, Reynolds will not have the authority to appoint a new lieutenant governor once she is sworn in.

Reynolds has been vetting candidates to take her place for months, as staff in the governor’s office insisted she will have the right to appoint a new lieutenant governor. Miller’s office had indicated in December that the attorney general agreed with the Branstad administration’s view on the coming transfer of power, despite language in the Iowa Constitution stating that the governor’s powers “shall devolve upon the Lieutenant Governor” in the event of a vacancy, and calling for the Iowa Senate president to be next in line if the lieutenant governor proves incapable of “performing the duties pertaining to the office of governor.” At the time, Miller provided no legal analysis, but his office released a 1923 Iowa attorney general’s opinion, which you can read here.

Three months ago, independent State Senator David Johnson exercised his right to request a formal opinion from Miller on nine questions about the succession. He asked Miller to produce the opinion “on an expedited basis” and specifically asked him not to “simply rely on the precedent of a predecessor’s 1923 opinion.”

Staff in the Attorney General’s office, led by Solicitor General Jeffrey Thompson, conducted “extensive legal and historical research” before reaching the conclusions Miller characterized as a “split decision” during today’s press conference.

Miller noted the precedent for using the title of “governor” when previous Iowa lieutenant governors exercised the governor’s powers following a vacancy. He also noted that when vice presidents have assumed the presidency, we have called those men “president” rather than “acting president.”

Miller said five factors pointed toward the conclusion that Reynolds does not have the authority to appoint a new lieutenant governor. An important one for him was language in Article IV, Section 19 of the Iowa Constitution, which spells out the succession of power from the governor to the lieutenant governor to the president of the Senate. (I’ve enclosed that passage below.) A state constitutional amendment in 1988, which provided for the lieutenant governor to be elected on a ticket with the governor, did not change the wording about the line of succession. Furthermore, Miller found, the historical record shows “The framers [of Iowa’s constitution] intended that those in the gubernatorial line of succession be elected.”

Miller also pointed to historical practice when the U.S. Constitution’s succession language mirrored the current wording of Iowa’s constitution (saying the president’s powers “shall devolve on the Vice President”). Before the 25th Amendment to the U.S. Constitution was adopted in 1967, none of the eight vice presidents who became the head of state following the death of a sitting president attempted to appoint a new vice president for the remainder of the term.

Speaking to reporters today, Miller said that as a matter of policy, he supports the idea of the new governor having the power to appoint a new lieutenant governor. But he maintained the Iowa Constitution would have to be amended to provide for that process.

Asked what would happen if the governor’s office disagrees with his legal analysis, Miller said he expects them to follow his opinion and repeatedly expressed hope that they will do so. If Reynolds proceeds with appointing a new lieutenant governor, her action “may or may not be challenged” in court. Responding to a follow-up question, Miller clarified that the Attorney General’s Office would not file that lawsuit, repeating that he hopes Reynolds will not take that course.

I am seeking feedback from attorneys on whether an ordinary Iowa voter would have standing to go to court if Reynolds disregards Miller’s conclusions about what the constitution allows. Iowa Senate President Jack Whitver would clearly have standing, since a new lieutenant governor would take his place in the line of succession. But the loyal Republican Whitver certainly would not object.

Front-runners for the lieutenant governor spot in the Reynolds administration are rumored to include State Representative Zach Nunn and State Public Defender Adam Gregg.

UPDATE: Added early reaction from the governor’s office and other political figures below. Reynolds sounds intent on ignoring Miller’s opinion.

Outgoing Cedar Rapids Mayor Ron Corbett continues to signal that he is serious about seeking the Republican nomination for governor in 2018. Speaking as “president and founder” of the Engage Iowa think tank, Corbett will deliver a major speech on education policy at the Downtown Cedar Rapids Rotary this Monday, May 1.

In a press release enclosed in full below, Corbett said, “This event kick-offs my second round of visits to Iowa rotaries. Last time I was talking about the need for tax modernization and improving Iowa’s water quality – two topics that were at the forefront of discussion this past legislative session and continue to be hot topics. I look forward to re-imagining education and rallying education champions as we work to make improvements to our state’s educational system.” Since late 2015, Corbett has spoken to scores of local business-oriented groups (Rotary Clubs, Chambers of Commerce, or Farm Bureau chapters) in 55 counties as of last December.

The landing page of Engage Iowa’s website now advertises a livestream of Corbett’s forthcoming speech. He will promote a new “research-based teacher compensation plan” and discuss “opportunities that the state needs to address” in light of the new collective bargaining law, which could profoundly affect public schools and teachers. The full plan will go up on the think tank’s website after the May 1 Rotary event.

Corbett also has a new book coming out, which sounds like a case to Iowa voters, judging by the blurb on the Barnes and Noble website (emphasis added):

“Beyond Promises” is a memoir of sorts by Ron Corbett, who became the youngest speaker of the Iowa House of Representatives and who now is finishing up his eighth year as mayor of Iowa’s second largest city, Cedar Rapids. In the late 1990s, Corbett was considered a possible Republican candidate for Congress or governor. Then he surprised many and resigned from the Legislature so he wouldn’t have to spend so much time away from home and his growing family. He headed the local Chamber of Commerce for six years, a period in which he led a community campaign to rebuild schools, another to redevelop the Cedar Rapids riverfront and a third that brought professional management to Cedar Rapids city government. Corbett’s tenure as Cedar Rapids mayor coincided with the city’s recovery from a devastating flood in 2008, the costliest natural disaster in Iowa history. Can someone who was a leading Republican voice in much of Iowa reclaim statewide prominence and be elected governor? In 2017, that’s the elephant in the room-the unstated question lingering in the backdrop of “Beyond Promises.” This book is Corbett’s first-person account of where he came from and what shaped him, as well as a chronicle of doing, not simply promising.

Lieutenant Governor Kim Reynolds has a big head start on fundraising and will have more establishment support in next year’s Republican primary, as the sitting governor–or acting governor, to be more precise. But Corbett sounds ready to take on this challenge, and the book title Beyond Promises hints at a possible line of attack. The Branstad/Reynolds administration hasn’t accomplished any of the four key goals promised during the 2010 gubernatorial campaign: creating 200,000 new jobs, reducing the cost of government by 15 percent, increasing family incomes by 25 percent, and having the “best schools in the nation.”

This year’s severe budget shortfall could also create an opening for Corbett to argue that Branstad and Reynolds mismanaged the state’s finances, compared to the period when he was Iowa House speaker. If revenues fall well below projections again during the coming fiscal year, as former Iowa revenue estimator Jon Muller considers likely, Reynolds may be forced to enact large, disruptive spending cuts in early 2018, as happened this year.

A potential federal job for Iowa Secretary of Agriculture Bill Northey may provide a stepping stone for State Representative Pat Grassley.

Northey discussed ethanol policy at the White House on Tuesday during a round-table meeting with President Donald Trump and newly-confirmed U.S. Secretary of Agriculture Sonny Perdue. Reports of the event fueled speculation that Northey may soon move to a position in the U.S. Department of Agriculture. Speaking to Iowa reporters yesterday, Northey emphasized that no job offer is on the table but said of Perdue, “I certainly look forward to working with him. I don’t know what role that might be. […] I certainly would love to work with him as Iowa Secretary of Ag. If there’s another job offered, I’d be very willing to consider that as well.”

Trump put Iowa’s own Sam Clovis in charge of handling USDA appointments in January, after Clovis had served as his surrogate in some agricultural policy discussions during the campaign.

Northey has not clarified whether he plans to seek a fourth term as secretary of agriculture in 2018. He had been widely expected to run for governor next year but ruled that out immediately after Governor Terry Branstad agreed to serve as U.S. ambassador to China.

If Northey resigns before the end of his term, Iowa law calls for the governor to appoint a replacement to serve until the next election. The last time that process came into play, Branstad named Mary Mosiman as state auditor in 2013. She was unchallenged for the GOP nomination for that office the following year.

I would expect Grassley to lobby Branstad–or Kim Reynolds, if she is acting as governor by that time–for the secretary of agriculture position. The job would be a good way to increase his statewide profile with a view to running for his grandfather’s U.S. Senate seat in 2022. The elder Grassley wasn’t subtle about lobbying for Northey to get the top USDA job, presumably to clear a path for his grandson.

First elected to the Iowa House in 2006, the younger Grassley just completed his second year leading the House Appropriations Committee. He had previously chaired the House Agriculture Committee for three years and the Economic Growth/Rebuild Iowa Committee for two years before that.

I enclose below the official bios for Northey and Pat Grassley. Radio Iowa’s O.Kay Henderson posted the audio of Northey’s comments about a possible USDA position.

Christine Hensley will not seek re-election to the Des Moines City Council this year, she announced today in an interview with the Business Record. The 24-year incumbent told Perry Beeman, “I’ve got a tremendous amount done, and it’s time for me to look at the next chapter and figure out what I’m going to do.” Hensley discussed spending “a little more time with family” and didn’t mention her challenger Josh Mandelbaum, though his capacity to run an effective campaign likely factored into her retirement plans.

The race for Des Moines City Council Ward 3 was shaping up to be a focal point for central Iowa progressives. Mandelbaum has raised more $110,000 in less than a month as a candidate, his campaign told Iowa Starting Line today. More than 150 people have volunteered to help spread the word.

While winning an open seat is usually easier than beating an entrenched incumbent, no one should celebrate victory too soon. Republicans and business groups will surely recruit and heavily promote someone to run in Hensley’s place. Proxies of the Iowa Farm Bureau have spent hundreds of thousands of dollars on television and radio advertising bashing the Des Moines Water Works during the last two years, so I anticipate a well-funded smear campaign against Mandelbaum. Countering that message will require a strong grassroots effort. City council races are usually low-turnout affairs, so a few thousand people will decide the outcome. You can sign up to volunteer here.

Democrats outnumber Republicans in the west-side and south-side neighborhoods that are part of ward 3 (a map is at the end of this post). That reality, along with Mandelbaum’s early start and big fundraising, may deter other potential candidates. But some ambitious person with business connections will step up. Any speculation about who might enter the Des Moines City Council race is welcome in this thread.

UPDATE: Mandelbaum released the following statement on today’s news.

I want to thank Councilwoman Hensley for serving her community for 24 years. While Councilwoman Hensley and I have our disagreements, we should all honor and respect the work that all of our civil servants do every day to make our community stronger.This race was and still is about representing the interests, values, and concerns of the residents of Des Moines. I will continue to champion clean water, strong neighborhoods with strong public schools, and investing in people through policies that support decent wages. I also want to thank my supporters. The outpouring of support throughout the community in the month since we have announced has made it clear that Des Moines is ready for a progressive voice on the City Council. With your continued support, we will be prepared to fight outside special interests that have been attacking champions of clean water like what the so-called Partnership for Clean Water has done to Bill Stowe and the Des Moines Water Works. This election will still be a fight to be won even if it’s not the original one we anticipated when we announced one month ago. This campaign has just begun and I look forward to continued conversations with residents throughout the third ward as I keep running vigorously all the way through Nov. 7th, 2017. Thank you again-

According to Jason Frerichs of the Progressive Voices of Iowa blog, he has interviewed another Democrat planning to run for city council in this ward. Will update once that person’s identity is known.

P.S.- Hensley’s decision to stand with the Farm Bureau against her local water utility was a political mistake as well as a betrayal of her constituents. And it was all for nothing, because despite lobbying by groups including the city of Des Moines, the plan to dismantle the Water Works stalled in the Iowa House and won’t be attached to an appropriations bill this year. Since the Water Works lawsuit against three northwest Iowa counties will not move forward, state lawmakers will have little reason to pursue this goal during the 2018 legislative session either.

P.P.S.- If outgoing Cedar Rapids Mayor Ron Corbett seeks the Republican nomination for governor in 2018, as I expect him to do, Hensley will be a leading contender for the lieutenant governor spot on his ticket.

APRIL 24 UPDATE: Multiple central Iowa sources have relayed a rumor that Hensley is being considered for the lieutenant governor position under Kim Reynolds after Governor Terry Branstad leaves for China. Offering Hensley that job could be a way for Reynolds (who has a big head start on fundraising for the 2018 governor’s race) to hurt Corbett’s ability to tap major Republican donors in the Des Moines area. If Hensley joined the Reynolds administration, it would be a slap in the face to Corbett, with whom she has worked closely as an original board member of the Partnership for Clean Water.

I’m taking a break from the overwhelming amount of discouraging political news to mark a happy anniversary. Eight years ago this week, the Iowa Supreme Court unanimously struck down our state’s Defense of Marriage Act.

I wanted to share highlights from Bleeding Heartland’s coverage of the month that marriage equality became a reality for Iowans.

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

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

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

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

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

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

On Thursday Governor Terry Branstad signed two of the most mean-spirited bills to come out of the Republican-controlled legislature this year. House File 295 prevents local governments from raising the minimum wage, potentially affecting an estimated 85,000 people working in five Iowa counties. (Lee County supervisors voted this week to raise the minimum wage, following the example set by leaders in Johnson, Linn, Polk, and Wapello.) House File 518 overhauls the workers’ compensation system in ways that guarantee fewer Iowans will qualify for benefits, and those who do will receive less money, especially for shoulder injuries.

Amid several false or misleading statements in the news release on the latest bill signings, one true fact emerges: Lieutenant Governor Kim Reynolds enthusiastically endorses these new laws. She will own their every harmful consequence.

No matter how strained Iowa’s fiscal condition may be, count on Governor Terry Branstad to lend a sympathetic ear to corporations asking for more handouts. Tony Leys brought the latest example to light in a late Friday scoop for the Des Moines Register. The Iowa Department of Human Services will “help private Medicaid management companies shoulder huge losses they’ve suffered in covering more than 500,000 poor or disabled Iowans.” DHS officials estimate the deal struck in February will cost the state about $10 million, “which would be paid more than a year from now.”

The Branstad administration agreed last fall to transfer an extra $33.2 million to the three private firms picked to manage the state’s Medicaid program. It wasn’t enough to satisfy Amerigroup, UnitedHealthcare and AmeriHealth Caritas. They soon asked for much higher payments from the state, saying they were losing money under their contracts. Documents indicate each company lost at least $100 million during the first year of managing care for Iowans on Medicaid, Chelsea Keenan reported earlier this month for the Cedar Rapids Gazette.

One salient fact from Keenan’s story: administrative costs for the insurers totaled 6.8 percent, 11.6 percent, and 11.9 percent of expenditures. Before Branstad unwisely rushed to privatize Medicaid, our state-run program was only spending about 4 percent on administrative costs.

DHS Director Chuck Palmer told reporters in January that the state would not offer the Medicaid managed-care providers more money for the 15-month period running through the 2017 fiscal year. Only weeks later, officials amended the current-year contracts with “risk-corridor agreements” calling for the DHS “to shoulder the management companies’ financial losses if they grow beyond a certain point.”

Federal officials “have signed off on the contract amendments,” but no one informed key legislators about the development. Republican State Representative Dave Heaton, who co-chairs the Health and Human Services Appropriations Subcommittee, found out from Leys.

Speaking of appropriations, where will Iowa find extra money to pay the Medicaid managers? Around the time DHS leaders signed the contract amendments last month, the department was forced to absorb $25.5 million in spending cuts before June 30.

State lawmakers have not yet set fiscal year 2018 budget targets, but money will surely be tight following a recent downward revision to revenue projections. Mid-year budget cuts can’t be ruled out for next year either.

Meanwhile, Medicaid recipients are getting less care than before privatization or having to fight insurance companies over denied claims. Managed-care companies have slashed in-home services for Iowans with disabilities. About a quarter of the Iowans on Medicaid cannot access a program providing transportation to and from medical appointments. AmeriHealth Caritas is cutting payments to agencies that serve people with disabilities, leaving some caseworkers out of a job. Reimbursement problems drove some providers out of business last year.

Given Branstad’s track record of doing whatever big business asks of him, it wasn’t hard to predict that the DHS would end up shoveling more money to the Medicaid managers. The governor’s imminent departure creates an opportunity for Lieutenant Governor Kim Reynolds to learn from her predecessor’s mistakes. Here’s hoping she will demonstrate her capacity for independent thinking by pulling the plug on Iowa’s failed Medicaid privatization.

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

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

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

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

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

State Senator David Johnson wrote to Attorney General Tom Miller today to follow up on his request last month for answers to nine questions related to the coming transfer of power in Iowa. Governor Terry Branstad plans to resign following his expected confirmation as U.S. ambassador to China, which could happen in late April or early May.

I enclose Johnson’s latest letter in full below. The senator, who is not affiliated with any political party, noted the urgency of the question, because of Branstad’s upcoming U.S. Senate confirmation hearings. Johnson added, “My mail last month included a surprising number of cards and letters thanking me for making the request for an Official Opinion, as citizens’ attention has been drawn to the situation.”

Johnson’s February 1 letter to Miller requested a formal opinion “on an expedited basis” by February 15, because Lieutenant Governor Kim Reynolds will assume the governor’s powers soon. However, the Attorney General’s Office has not yet responded in writing. When I last inquired about the status of the opinion, Miller’s spokesperson Geoff Greenwood told me in a February 27 e-mail, “Our office is still working on it. I’ll let you know when we have something available.”

Several readers have asked why anyone should care whether Reynolds will have the title of governor and whether she will appoint a new lieutenant governor after Branstad leaves the scene. To recap points I explained in more detail here, allowing Reynolds to appoint a new lieutenant governor would put an unelected person (rather than the Iowa Senate president) next in line to perform the governor’s duties, should anything happen to Reynolds before January 2019. In addition, a newly-appointed lieutenant governor could travel the state in an official capacity, handling public events and generating local media coverage. In effect, Reynolds would be able to use state resources to boost the political profile of her chosen running mate for 2018.

I look forward to reading the opinion from Miller, though I still believe the best outcome would be for the seven Iowa Supreme Court justices to provide a definitive interpretation of the relevant provisions in the Iowa Constitution. Nowhere in that document is it written that the lieutenant governor is empowered to a new lieutenant governor when the governor’s office becomes vacant.

Republicans have already inflicted immeasurable harm on Iowans during the 2017 legislative session, taking rights away from more than 180,000 workers, slashing funding for higher education and human services, and approving the third-smallest K-12 school funding increase in four decades. The worst part is, they’re nowhere near finished.

Iowa Senate Minority Leader Rob Hogg has flagged twelve of the most destructive bills still alive in the GOP-controlled House and Senate. Any Iowan can attend public hearings scheduled for March 6 or 7 on four of those “dirty dozen” bills. Those who are unable to come to the Capitol in person can submit written comments on the legislation or contact Republican state representatives or senators directly by phone or e-mail.

Here’s what you need to know about the four bills most urgently requiring attention.

The University of Iowa has decided to reinstate scholarships to undergraduates who were informed recently that they would lose promised funding. I enclose below an e-mail many students received this morning from President Bruce Harreld.

Two students had already filed class-action lawsuits over the university’s decision to terminate five scholarships in order to save some $4.3 million. A trial pitting the university against children of alumni would be a public relations nightmare. In addition, Harreld would have had to explain under oath why university officials wrongly claimed last week to have warned current scholarship holders that awards were contingent on state funding levels.

In today’s message to students, Harreld noted,

Over the past few days we heard from many families who were unaware this was a renewable scholarship reliant on state support. While this was not a need-based award, we also heard from families who budgeted for college based on the scholarships and feared financial hardship with the programs’ elimination.

The University of Iowa takes its relationship with students and alumni very seriously and, therefore, will honor the awards previously made to those currently receiving this scholarship. […]

Moving forward we must continue to place a priority on need-based and merit-based awards, which is why the Iowa Heritage Award will no longer be offered to new students who start at the university in 2018.

I also enclose below a statement released by the university.

UPDATE: Added comments from James Larew, the attorney representing plaintiff Jenna Pokorny.

Iowa House Majority Leader Chris Hagenow is committed to preserving Iowa’s “great system” of having a non-partisan commission draw new political maps following each ten-year census, he told Bleeding Heartland on February 25. Iowa’s redistricting process has been a model for the country since the 1970s. I’ve been concerned that during the next few years, Republicans might use their political power to enact a new redistricting law. Following the 2010 census, gerrymandering gave the GOP airtight state legislative majorities in Pennsylvania, Michigan, and Wisconsin, and several other states.

Since the majority leader controls which legislation reaches the Iowa House floor, I asked Hagenow after a February 25 public forum in Clive whether he would ever consider supporting a bill to change Iowa’s redistricting process. “No, we’re not doing that,” he said emphatically. Would he consider such legislation in 2019 and 2020, if Republicans still control both chambers? “No, I don’t want that. We have a great system.”

I noted that everywhere Republicans have had the trifecta during the last decade, they have gerrymandered. Hagenow responded, “We have not had that conversation. I think we’ve got a great system. I think that we should continue with that system.”

Even if Republicans retain the governorship and Iowa House and Senate majorities in 2018? “Yes. We’ve got a great system.”

A few minutes later, I put the same question to Republican Senator Charles Schneider, who serves as Iowa Senate majority whip. “I will never support that,” he said without hesitation. You will never support gerrymandering? “Nope, never.” Even if Republicans control the legislative and executive branches after 2018? “Never. What we have right now is fair.”

I will follow up with House Speaker Linda Upmeyer, Senate Majority Leader Bill Dix, and Lieutenant Governor Kim Reynolds, to see if they also will unequivocally promise to protect non-partisan redistricting in Iowa. The more Republican elected officials we can get on the record now, the better. In November, staff for Governor Terry Branstad did not respond to my e-mails seeking comment on whether the governor would rule out signing a bill that replaced the current system with rules allowing the political party in control of the legislature to draw new legislative and Congressional districts.

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

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

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

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

Governor Terry Branstad has introduced a bill that would make Iowa the only state not to license mental health counselors. House Study Bill 138 would remove licensing requirements for a number of professions and eliminate some state boards, including the Board of Behavioral Sciences and the Board of Social Work. Mental health counselors are expressing alarm about language that would make social workers, marriage or family counselors, and mental health counselors “registered” rather than “licensed.”

The likely consequence would be insurance companies refusing to cover services by unlicensed providers, depriving Iowans of access to therapy unless they are able to pay the full cost of mental health counseling out of pocket.

I enclose below an action alert the Iowa Mental Health Counselors Association posted yesterday, which contains talking points to use when communicating with state lawmakers about House Study Bill 138. The bill has been assigned to a subcommittee of Republican State Representatives Bobby Kaufmann and Dawn Pettengill and Democratic State Representative Mary Mascher.

The lobbyist for the association representing mental health counselors said yesterday, “The bill as drafted will not be having a subcommittee next week and is taking on serious water. The speaker’s office said that [House Speaker Linda Upmeyer’s] members are getting more emails on the licensure provisions of that bill than they did on collective bargaining.” According to one rumor, the bill may be revised and reintroduced next week, so concerned citizens should call the governor’s office (515-281-5211) to share their views with Branstad’s staff.

UPDATE: A Facebook commenter reached Kaufmann, chair of the subcommittee, by phone on February 24: “He said this bill was assigned to him, he thinks it’s a bad bill and he’s going to kill it.”

SECOND UPDATE: On a different Facebook thread, someone reported speaking to House Majority Leader Chris Hagenow about this bill, having run into him while shopping. Hagenow indicated House Study Bill 138 would not advance in its current form.

Multiple sources confirmed on Friday that lawmakers have been bombarded with constituent contacts about this legislation. When the governor’s staff introduce a new and improved version of this proposal, I would guess they will leave licensing of mental health care professionals alone.

According to Claire Celsi, Hagenow announced at a February 25 legislative forum in Clive that the governor is wrong on this bill and that lawmakers do not support it.

See important update below: Jon Muller questions whether the University of Iowa “committed an act of scholarship fraud.”

Three weeks after Governor Terry Branstad signed into law large mid-year budget cuts for Iowa’s state universities, some 3,015 incoming or current students at the University of Iowa learned that they will be picking up part of the tab.

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

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

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

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

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

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

When Ron Corbett announced in December that he will not seek a third term as Cedar Rapids mayor and will consider running for governor, he promised a “big surprise” at the end of his final “state of the city” address on February 22.

Corbett has long been positioning himself to run for governor. Since creating the conservative think tank Engage Iowa in late 2015, he has given dozens of speeches around the state, most often to Rotary clubs or members of local Iowa Farm Bureau chapters and Chambers of Commerce.

After Governor Terry Branstad confirmed plans to resign in order to become U.S. ambassador to China, many Iowa politics watchers speculated that Corbett would decide against seeking higher office next year. Instead of competing for the GOP nomination in an open primary, he would have to run against a well-funded sitting governor, Kim Reynolds.

To those who don’t share my view that Corbett will take on the challenge of running against a Republican incumbent, I ask: why is Engage Iowa spending money to promote Corbett’s name and catchy conservative slogans online?

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

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

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

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

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

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

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

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

For all their talk about helping Iowa provide a “world class” and “globally competitive” education, Iowa Republicans are unwilling to provide the resources public schools need to keep up with rising costs.

And for all their talk about getting “better teachers in the classroom” and giving “hardworking teachers … all the tools necessary to succeed,” Iowa Republicans seem determined to discourage people from pursuing a teaching career in this state.

Reacting to my last post on questions surrounding the future title and authority of Lieutenant Governor Kim Reynolds, Joe Kristan commented that when a similar controversy arose in 1841, Vice President John Tyler set the “Tyler Precedent” by insisting he would be president for the remainder of the term to which William Henry Harrison had been elected.

I responded that the U.S. Constitution was later amended to say clearly that the vice president becomes president in the event of a vacancy–language that Iowa lawmakers chose not to introduce into our state’s constitution when amending passages related to succession on multiple occasions.

Kristan countered that nobody calls Tyler, Millard Fillmore, Andrew Johnson, Chester Arthur, Theodore Roosevelt, Calvin Coolidge, Harry Truman or Lyndon Johnson “acting presidents,” just because the 25th Amendment was subsequently adopted in 1967.

True. But guess what? None of those eight men appointed a new vice president during the term in which they assumed the powers of the presidency.

State Senator David Johnson has asked Attorney General Tom Miller to provide an official opinion on whether Lieutenant Governor Kim Reynolds will have the title of governor and the authority to appoint a new lieutenant governor once Governor Terry Branstad resigns, as expected later this year.

Johnson asked Miller to answer nine specific questions regarding language in the Iowa Constitution stating that “the powers and duties of the office” of governor “shall devolve upon the Lieutenant Governor,” and referring to the lieutenant governor “acting as governor” and “performing the duties pertaining to the office of governor.”

Lieutenant Governor Kim Reynolds will take many advantages into the 2018 gubernatorial campaign, by virtue of being the incumbent after Governor Terry Branstad leaves for China.

Though Cedar Rapids Mayor Ron Corbett is considering a bid for the Republican nomination next year, he may have second thoughts after looking at the Reynolds committee’s latest campaign finance reports. The lieutenant governor ramped up her fundraising during 2016 and has more than $1.1 million in the bank.

Contrary to the picture painted by spin doctors for Reynolds, most of the money came from major donors.