Cato is an attorney who spent most of his career fighting for civil liberties and other public policy matters in Iowa. He is a lifelong Iowan. His legal interests include constitutional law (separation of powers), federalism, legislative procedures and public policy, and the laws of war. Editor’s note: Bleeding Heartland allows guest authors to publish under pseudonyms at Laura Belin’s discretion.

INTRODUCTION

The Iowa General Assembly changed some practices in light of the Iowa Supreme Court’s ruling in LS Power Midcontinent v. Iowa, which struck down the Right of First Refusal (ROFR) portion of the 2020 Budget Omnibus Bill (House File 2643) as violating Article III, Section 29 of the Iowa Constitution. Justice Thomas Waterman wrote the decision, joined by Chief Justice Susan Christensen and Justices Edward Mansfield and Christopher McDonald. Justices Dana Oxley, Matthew McDermott, and David May recused from the case.

In the weeks following the court ruling, Republicans in both the state House and Senate refused to answer questions during floor debate regarding ambiguities in legislation and other questions relating to how certain language will play out in the real world lives of Iowans. Iowa media covered those developments in April:

• Todd Dorman, Cedar Rapids Gazette, Iowa Senate GOP has no answers
• Zach Sommers, We Are Iowa, Iowa Republicans refuse to answer questions during debate, citing recent Iowa Supreme Court Case
• Stephen Gruber-Miller, Des Moines Register, Iowa Senate Republicans’ new strategy is to stop answering questions during bill debate
• Laura Belin, Bleeding Heartland, Republicans shatter another Iowa Senate norm
• Erin Murphy, Cedar Rapids Gazette,  Iowa Republicans self-censor debate, citing Supreme Court ruling

Senate and House Republicans seem to have stopped answering questions because the Iowa Supreme Court’s LS Power ruling extensively quoted comments Senator Michael Breitbach made while floor managing HF 2643. They apparently believe the Court used these floor comments as justification for striking down the ROFR provision at issue in that case. 

Attorneys for the state and for intervenors filed applications on April 7, asking the Court to reconsider its conclusions and holdings in the ruling. LS Power filed its response on April 19. The Supreme Court denied the request for a rehearing on April 26 without much explanation. An amended opinion released on May 30 corrected some (but not all) factual inaccuracies in the initial ruling. 

The General Assembly adjourned its legislative session on May 4 without any action in response to the court denying the requests for a rehearing. Only time will tell how this constitutional impasse between the legislative and judicial branches gets resolved. Paths available to both branches could restore the balance of power without escalating the dispute. 

Regardless of how long it takes or how the dispute gets resolved, Iowans must never forget that your constitution exists for the sole purpose of protecting and guaranteeing your individual rights and liberties as free and independent People. Iowa Const. Art. 1, Sec. 2 (“All political power is inherent in the people. Government is instituted for the protection, security, and benefit of the people, and they have the right, at all times, to alter or reform the same, whenever the public good may require it.”). 

This article hopes to explain why the Iowa Supreme Court and Republicans in the Iowa House and Senate are both guilty of violating the Iowa Constitution, while also seeking to provide a framework to resolve the impasse between the legislative and judicial branches. Similarly, this article hopes to persuade a future litigant to nudge the court in the right direction in a future case, and to persuade the people to nudge the General Assembly in the right direction consistent with this constitutional framework. 

To that end, here is the analysis of Article III, Section 29 of the Iowa Constitution from the perspective of the Iowa People. 

Iowa Senate debate on a proposal to relax child labor regulations stalled late in the evening of April 17, after the Republican floor manager Adrian Dickey and Majority Leader Jack Whitver refused to answer a Democratic senator’s questions about an amendment published earlier in the day.

After hours of delay, the Senate resumed its work and approved the child labor bill (Senate File 542) shortly before 5:00 am on April 18, with Republicans Charlie McClintock and Jeff Taylor joining all Democrats in opposition.

The snag in last night’s proceedings is not limited to one controversial issue.

According to Senate Minority Leader Zach Wahls, Whitver told him Senate Republicans would no longer answer questions during floor debate, in light of a recent Iowa Supreme Court decision. That ruling (known as LS Power) has also made Iowa House Republicans more cautious about answering questions in public, a debate on a firearms bill revealed last week.

The majority party’s new approach could leave Iowa lawmakers less informed as they vote on complex legislation. Floor debate may be the only time Democrats can clarify their understanding of certain provisions, since managers’ amendments containing big changes sometime appear just hours before a vote on final passage. Over the next few weeks, Senate Republicans are expected to unveil their spending plans for fiscal year 2024 right before lengthy budget bills are bought to the chamber floor.

State Auditor Rob Sand had “great news” to share with members of the Iowa House and Senate Appropriations Committees in May. Federal officials had agreed not to demand repayment for alleged overbilling, provided that Iowa changed its billing practices for future audits. The savings to the state would amount to tens of thousands of dollars for each fiscal year.

Documents Bleeding Heartland obtained through a public records request confirm that key Reynolds administration officials were on board with the reform plan, and Iowa Senate appropriators took it up in June as the legislature was completing its work.

The records also show that State Representatives Gary Mohr and John Landon refused to move the fix through the Iowa House.

What they don’t explain is why.

A bill that sparked one of last year’s most intense lobbying fights is on its way to Governor Kim Reynolds, having passed both chambers unanimously.

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.

I’ve always enjoyed writing about legislative happenings and campaigns, since my first year on the job as an analyst covering Russian domestic politics during a parliamentary election year.

While most political reporters were understandably assigned to follow the many presidential candidates visiting Iowa in 2019, I made it a priority to keep an eye on down-ballot races. The 2020 Iowa House and Senate elections may affect our daily lives more than whether Donald Trump or the Democratic nominee wins our state’s electoral votes. For one thing, breaking the GOP trifecta is the only way to guarantee that Iowa preserves nonpartisan redistricting for the coming decade.

I’m proud that Bleeding Heartland provided more in-depth coverage of potentially competitive state legislative races than any other Iowa news source this year. All of those stories are linked below.

UPDATE: Breitbach announced on February 10, 2020 that he will retire. State Representative Michael Bergan is expected to run in Senate district 28 rather than for re-election in House district 55, but he has not clarified his plans. LATER UPDATE: Bergan will run for the House again. Spillville Mayor Mike Klimesh will seek the GOP nomination in the Senate race. I’ve added background on him below.

A few words about the title: Republican State Senator Michael Breitbach has told some constituents and people connected to the legislature he does not plan to seek a third term in 2020. So Matt Tapscott may end up running for an open Iowa Senate seat.

In response to Bleeding Heartland’s inquiry, Breitbach commented via e-mail on October 14, “There is plenty of time for me to make my decision whether to run again in 2020. I was very happy with the support I received in my last election and I feel I have been successful during my time in the Senate.”

Having covered the Iowa legislature for more than a decade, I’ve learned to be skeptical about retirement rumors. Party leaders have a way of talking reluctant incumbents into seeking re-election. Breitbach has good committee assignments; not only does he chair the Senate Appropriations Committee, he also serves on the Commerce and Transportation panels.

So until Breitbach publicly announces he’s done, I assume he will be on the ballot next November in one of eighteen Iowa Senate districts where voters favored President Barack Obama in 2012 and Donald Trump in 2016.*

Republican attacks on working Iowans have received less attention this year than in 2017, when new laws shredded public employee collective bargaining rights, blocked local governments from raising the minimum wage, and reduced workers’ compensation benefits, especially for those who hurt their shoulder on the job.

But below the radar, GOP lawmakers have moved several bills lately that would make life harder for working people, including some facing the difficult circumstances of unemployment or workplace injury.

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.

Governor Kim Reynolds has an important decision to make in the next 48 hours: sign or veto Senate File 2311, a top legislative priority for utility companies.

Whether she cares about energy policy or is primarily concerned with her political image, this bill presents the perfect opportunity for the governor to exercise her veto power for the first time.

Matt Chapman reports on the lengthy Iowa Senate debate over a bill that is terrible on many levels. You can watch the proceedings on video here, beginning around 9:07:30. -promoted by desmoinesdem

Republicans approved Senate File 2311, the omnibus energy bill, on March 6 after yet another late-into-the-evening debate this session. I guess the logic is the later it gets, the worse the legislation seems to be.

Adapted from a post Tanya Keith wrote for Hat Trick Renovation, the blog for her company, where she works to restore historic houses in the urban core of Des Moines. -promoted by desmoinesdem

The current version of the Iowa Senate tax bill would reduce the Iowa State Historic Tax Credit from $45 million to $35 million, starting next fiscal year, and repeal the tax credit in 2025. That would be a huge loss for neighborhoods and main streets in Iowa. Many of our projects at Hat Trick Renovation are only viable because of state historic tax credits. Often older buildings need so much work, it can cost more to restore them than the building will eventually be worth. However, once restored, these buildings become beautiful, irreplaceable structures that will last far longer than modern day construction.

Not only are tax credits a vital part of our work in saving historic buildings in Des Moines, they are also good for the financial health of our state.

Citizen lobbyist Matt Chapman (no relation to Senator Jake Chapman) digs into the politics behind a bill that has been called “the utility attack on Iowa’s clean energy leadership.” -promoted by desmoinesdem

The subcommittee hearing on Senate Study Bill 3093 was scheduled for room 315 on the south side of the capitol. Although it is a good-sized room, and the temperature was 15 degrees outside on February 1, lobbyists were packed in like sardines, and it was suffocating. Iowa Senate Commerce Committee vice chair Senator Michael Breitbach joked before the meeting, “if anyone passes out you can just lean on” the people crammed in next to them.

It would not be an exaggeration to say there were sixty people in that room. Seventy five even. SSB 3093 has more than a hundred lobbyist declarations already.

Committee chair Jake Chapman was late; you could hear the groans when someone said he was getting on the elevator and would be a few minutes. Chapman was seated and vice chair Breitbach was running the meeting. He said we would go through the legislation by section and would be considering only objections, because of time constraints. That suggested lobbyists backing the bill would keep quiet. It was also a clue that a trap was being set.

The Iowa Senate begins work today with 29 Republicans, 20 Democrats, and one independent, former Republican David Johnson.

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 noted changes since last year’s legislative session.

Just six senators are women (five Democrats and a Republican), down from ten women serving in the chamber in 2013 and 2014 and seven during 2015 and 2016. All current 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 to join the Senate. No Asian-American has served in the state Senate since Swati Dandekar resigned in 2011.

Some non-political trivia: the 50 Iowa senators include two with the surname Johnson, four Marks, and two men each named Bill, Richard (Rich and Rick), Robert (a Rob and a Bob), Dan, Jim, Tim, Tom, Jeff, and Charles (one goes by Chaz).

The Iowa legislature’s 2017 session begins today with minor adjustments to business in the state House but massive changes in the Senate. After ten years of Democratic control, the last six with a one-seat majority, the upper chamber now contains 29 Republicans, 20 Democrats, and one independent (former Republican David Johnson).

I enclose below details on the Iowa Senate majority and minority leadership teams, along with all chairs, vice chairs, and members of standing Senate committees. Click here to find the same information from the 2016 legislative session.

Just six senators are women (five Democrats and a Republican), down from ten women serving in the chamber in 2013 and 2014 and seven during the past two years. All current 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 to join the Senate. No Asian-American has served in the state Senate since Swati Dandekar resigned in 2011.

As a group, the members of the new majority caucus have much less legislative experience than do their Democratic counterparts. As detailed below, only three of the 29 Senate Republicans have served ten or more years in the Iowa legislature, compared to thirteen of the 20 Democrats.

Some non-political trivia: the 50 Iowa senators include two with the surname Johnson, four Marks, three Bills, and two men each named Richard (Rich and Rick), Robert (a Rob and a Bob), Dan, Tim, Tom, Jeff, and Charles (one goes by Chaz).

The Iowa legislature’s 2016 session began on Monday. For the sixth year in a row, the 50 state senators include 26 Democrats and 24 Republicans. Just seven senators are women (six Democrats and a Republican), down from a high of ten women serving in the chamber during 2013 and 2014. All current 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 House or Senate; Nathan Blake fell 18 votes short of becoming the first in 2014. No Asian-American has served in the state Senate since Swati Dandekar resigned in 2011.

I enclose below details on the Iowa Senate majority and minority leadership teams, along with all chairs, vice chairs, and members of standing Senate committees. Little has changed since last year, in contrast to the Iowa House, which saw some big changes in the majority Republican caucus since the legislature adjourned in June.

Term limits are a terrible idea generally but would be especially awful if applied to the Iowa Senate, as the longest-serving current senator bizarrely advocated last year. The experience gap between Democrats and Republicans is striking. As detailed below, only four of the 24 Senate Republicans have ten or more years of experience in the Iowa legislature, compared to seventeen of the 26 Democrats. No current Iowa Senate Republican has more than 20 years legislative experience, whereas six Democrats do.

Some non-political trivia: the 50 Iowa Senate members include three Marks, three Bills, three Richards (who go by Rich, Rick, and Dick), two Mikes, two Toms, two Joes, and two men named Charles (one goes by Chaz).

A bill that would raise Iowa’s gasoline tax by 10 cents a gallon is on its way to Governor Terry Branstad’s desk after approval today by both chambers in the Iowa legislature. The Iowa Senate passed Senate File 257 this morning by 28 votes to 21. Sixteen Democrats and twelve Republicans voted for the bill, while ten Democrats and eleven Republicans opposed it. Senate Majority Leader Mike Gronstal had reportedly insisted on at least half the GOP caucus supporting a gas tax increase as a condition for bringing the bill to the floor.

A few hours later, the Iowa House took up the Senate bill (rather than the bill that cleared two House committees last week). Thirty Republicans and 23 Democrats voted yes, while 26 Republicans and 20 Democrats voted no.

Only two state legislators missed today’s votes: Republican State Senator Mark Chelgren and Republican State Representative Chip Baltimore. Baltimore voted against the House version of this bill in committee last week, while Chelgren doesn’t serve on the committees that approved the bill in the Senate. Chelgren appears to have been absent for all of today’s votes, while Baltimore was at the Capitol but left the chamber when the gas tax bill came up. Speaking to reporters later, he tried to make a virtue out of his absence: “I refuse to legitimize either the bill or the process with a vote.” Weak sauce from a guy who is widely expected to seek higher office someday.

Conservative groups are urging Branstad to veto Senate File 257, but that seems unlikely, given the governor’s recent comments on road funding. Branstad’s spokesman said today that the governor will carefully review the final bill before deciding whether to sign it.  

After the jump I’ve enclosed the roll call votes in both chambers, as well as Senate Transportation Committee Chair Tod Bowman’s opening remarks this morning, which summarize key points in Senate File 257.

Final note: several of the “no” votes came from lawmakers who may face competitive re-election campaigns in 2016. Those include Democrats Chris Brase (Senate district 46), Steve Sodders (Senate district 36), and Mary Jo Wilhelm (Senate district 26), and Republicans Dennis Guth (Senate district 4) and Amy Sinclair (Senate district 14).

The Iowa legislature’s 2015 session begins today. Democrats maintained their 26 to 24 majority in the upper chamber. After the jump I’ve posted details on the Iowa Senate majority and minority leadership teams, along with all chairs, vice chairs, and members of standing Senate committees. Where relevant, I’ve noted changes from the previous committee assignments. Click here for a similar post on the new Iowa House.

I’ve also enclosed below details on the tenure of all 50 Iowa senators. The experience gap between the caucuses is striking, even more so since three of the longest-serving GOP state senators retired in 2014. Only seven of the 24 Republicans have served in either the state House or Senate for more than four years, whereas nineteen of the 26 Democrats have more than four years of legislative service. Only four of the 24 Senate Republicans have ten or more years of experience in the Iowa legislature, compared to seventeen of the 26 Democrats. No current Iowa Senate Republican has more than 20 years legislative experience, whereas six Democrats do.

Just seven of the 50 senators are women, down from ten women in the chamber two years ago. The Democratic caucus includes 20 men and six women; the Republican caucus 23 men and one woman.

All current Iowa senators are white. To my knowledge, no African-American has ever served in the Iowa Senate. CORRECTION: Bleeding Heartland reader northwest points out that I forgot Tom Mann, who represented part of Des Moines in the Iowa Senate during the 1980s.

No Latino has ever served in the Iowa House or Senate; Nathan Blake fell 18 votes short of becoming the first in 2014. No Asian-American has served in the state Senate since Swati Dandekar resigned in 2011.

Some non-political trivia: the 50 state senators include three Marks, three Bills, three Richards (who go by Rich, Rick, and Dick), two Mikes, two Toms, two Joes, and two men named Charles (one goes by Chaz).  

State Senator Mark Chelgren celebrated his 45th birthday last week with cupcakes for fellow senators and a promise that he will try to change an obscure part of the Iowa Constitution.

Legislators often introduce bills solely to make a political statement, but even in that context, Chelgren’s effort is an impressive feat of irrelevant grandstanding.