Seven years have passed since the Iowa Supreme Court struck down our state’s Defense of Marriage Act. The Republican-controlled Iowa House failed to approve a constitutional amendment to overturn that court ruling more than three years ago. Fewer than a quarter of GOP state representatives were willing to co-sponsor the marriage amendment in 2015. Even if Iowa lawmakers tried to turn back the clock on marriage equality, the effort would be futile, since the U.S. Supreme Court ruled last year that all states must recognize marriages between same-sex couples.

Nevertheless, one Iowa House Republican won’t let this fight go. Today he seized on an unusual and futile way to register his discontent with the Iowa Supreme Court’s Varnum v Brien decision.

What’s on your mind this weekend, Bleeding Heartland readers? This is an open thread: all topics welcome. The Des Moines Register ran an extraordinary lead editorial on Saturday about a Des Moines police officer’s “pattern of misconduct” and “poor judgment.” Click through to read the most strongly-worded warning about a law enforcement official I’ve seen in an Iowa newspaper.

An emerging compromise on higher education funding was one of the biggest state-level news stories of the week. The Iowa legislature’s joint Education Appropriations Subcommittee, co-chaired by Democratic State Senator Brian Schoenjahn and Republican State Representative Cecil Dolecheck, agreed on April 13 that the fiscal year 2017 budget for higher education will include an additional $6.3 million for public universities: $2.8 million for the University of Northern Iowa, $2.2 million for Iowa State University, and $1.3 million for the University of Iowa. Iowa Public Radio’s Joyce Russell noted that the increases work out to a little less than 3 percent more state funding for UNI, 1.2 percent for ISU, and less than 1 percent for UI.

The Iowa Board of Regents had requested an extra $20 million in state funding for the coming fiscal year: $4.5 million for UI, $8.2 million for ISU, and $7.65 million for UNI. Governor Terry Branstad’s draft budget had included a combined $8 million in additional state funding for the public universities. Last month, Board of Regents President Bruce Rastetter said at least $8 million would be needed to avoid raising tuition. In a statement released April 14, Rastetter said the board would “immediately start discussions regarding tuition increases at our universities for Fall 2016.”

More background and details on the higher education funding compromise are after the jump, but I want to highlight a couple of misconceptions. Russell quoted Dolecheck as saying “we did the best we can with the resources that we have,” and quoted Schoenjahn as saying lawmakers tried to stretch “the precious resources we had” but couldn’t do more without raising taxes.

No. Just last month, the Iowa House and Senate approved a tax bill that will reduce fiscal year 2017 revenues by nearly $120 million: $97.6 million by harmonizing Iowa tax code with federal statutes, and around $21 million by reducing state sales taxes for manufacturing companies. Another $280 million was taken off the table long before this year’s budget negotiations began, when most lawmakers in both chambers approved an expensive commercial property tax cut in 2013. Leaders of both parties bragged about that tax cut at the time but did not acknowledge how the windfall for commercial property owners would affect the state’s ability to pay for other priorities down the road.

Speaking on behalf of the union that represents UNI faculty, Professor Joe Gorton said this week, “It seems clear to me that the regent universities are being sacrificed on the altar of corporate welfare.” An Iowa Fiscal Partnership analysis from January shows Gorton was closer to the truth than were Schoenjahn or Dolecheck. Business tax credits are expected to cost the state around $272 million during fiscal year 2017.

Writing at Blog for Iowa this weekend, Dave Bradley argued, “Had Branstad’s administration not given tax cuts to businesses without consulting the legislature we would probably [be] OK. […] while the special interests that the Republicans have given breaks to are no longer paying what they once did, Iowa’s parents will see higher tuition fees on their kids university bills.” Fact-check: mostly false. Over many years, the legislature approved and failed to revise Iowa’s generous business tax breaks. Most Democrats in both chamber joined their GOP colleagues to pass the costly property tax cut three years ago. Just six state senators and thirteen representatives voted no; I’ve listed them after the jump. The Branstad administration did try to enact the manufacturing sales tax break without legislative approval last year, and was on track to succeed. However, the tax bill lawmakers negotiated and approved last month included a scaled-back sales tax break, superseding the Department of Revenue’s proposed administrative rule.

Speaking of money for state universities not living up to expectations, Ryan Foley of the Associated Press revealed on April 15 that Rastetter has paid only $1.5 million toward his 2008 pledge of $5 million to the University of Iowa’s football program. Before 2015, Rastetter had donated just $500,000 toward that pledge, raising “questions about whether the delay was part of the pressure he put on former university President Sally Mason.” Excerpts from Foley’s article are at the end of this post.

A response to the Iowa House Republican plan to pay for water quality programs, which Governor Terry Branstad has endorsed. -promoted by desmoinesdem

I’m a long-time reader of Bleeding Heartland and a very infrequent source of posts/commentary. I am also heavily involved with Citizens for a Healthy Iowa and was the Campaign Manager for the Iowa’s Water & Land Legacy constitutional amendment campaign in 2010. Issues like water quality, wildlife habitat and protecting our public lands are near and dear to me …

Through that work I came to know Mark Ackelson of Iowa Natural Heritage Foundation and Bob Riley, a local businessman and conservation advocate. They recently penned a piece for Citizens for a Healthy Iowa that I wanted to share with Bleeding Heartland readers.

The more things change, the more they stay the same.

Leaders in the Democratic-controlled Iowa Senate agreed early in the 2015 legislative session to pass two major tax bills backed by top Iowa House Republicans. The moves left Democrats no leverage to obtain concessions from Republicans on state spending for vital services, especially education. After months of negotiations, the final deal struck after Memorial Day gave House Republicans what they wanted on global budget targets and acceded to their demand for “allowable growth” of only 1.25 percent for K-12 education budgets.

As a gesture toward compromise, Republicans agreed last year to a supplemental spending bill, which included one-time funding for K-12 school districts, community colleges, and state universities. But once lawmakers had adjourned, Governor Terry Branstad item-vetoed some $56 million for education from that bill. The governor pleaded fiscal responsibility in his veto message, though such concerns hadn’t stopped him from signing $99 million in tax cuts into law months earlier.

I had high hopes for a better outcome this year when I saw Senate Democrats balk at passing a $97.6 million “tax coupling” bill much like the one that sailed through the upper chamber in 2015.

But during the past two weeks, Democrats approved harmonizing the state and federal tax codes as part of compromise legislation that was not linked to education spending. Then they agreed to school funding levels very close to the House Republicans’ initial offer for fiscal year 2017, which begins on July 1 and runs through next June. Lower projected state revenues forced Democrats to accept insufficient allowable growth for K-12 school budgets, lawmakers told disappointed students and educators. As usual, budget constraints never seem to be a reason for the Iowa legislature to say no to constituencies seeking expensive tax breaks.

Hope some Democrats will step up to run in these districts, especially against first-term Republican Dennis Guth in Senate district 4. He didn’t win by a huge margin in 2012. If Donald Trump at the top of the ticket causes a meltdown, Democrats could win some unexpected Iowa House and Senate races–but only where a candidate is on the ballot. -promoted by desmoinesdem

The general election is coming up in November. But before we get carried away with the 2016 presidential race, we need to examine our state politics. On March 18, a press release by Iowa Secretary of State Paul Pates noted that 7 of the 25 Iowa Senate races in the June primary have no Democratic candidate. Among these races is Iowa Senate District 4, made up of Emmet, Hancock, Kossuth, Winnebago, and Wright counties.

Dave Swenson

Is it extortion when one party pays up even though it was never threatened?

Recently, the state of Iowa awarded $17 million in state assistance to Dow-DuPont for pledging to keep its Pioneer-related research and development activities in Johnston. In a Des Moines Register interview of Tina Hoffman, a spokesperson for the Iowa Economic Development Authority (IEDA), we were told they were sure “Pioneer wasn’t going to up and close down shop. That was clear from the beginning ….” Still, the state is spinning this to be all about job retention.

Except it wasn’t.

Bleeding Heartland welcomes guest posts on state legislative races. Great to see a candidate stepping up in this district. Democrats failed to field a challenger against Heaton in 2012 or 2014. By the way, some Iowa politics junkies have Heaton on retirement watch. -promoted by desmoinesdem

Carrie Duncan is running for State Representative in House District 84 against eleven-term incumbent Dave Heaton (R-Mount Pleasant), as a Democrat. With the controversy surrounding the potential closure of a mental health facility in Mount Pleasant. Carrie felt the need to run against Representative Heaton, feeling that he was not a strong enough of a voice against the Branstad Administration’s plans to close the facility.

Carrie’s support for organized labor is fierce and deep. She is a proud member of the International Association of Machinists and Aerospace Workers (IAMAW), Chief Steward, Local 1010 She works at the American Ordinance LLC in Middletown. Carrie’s son, Zach also works at American Ordinance LLC. Zach lives with his wife Randee, in Mount Pleasant. Carrie has also worked at Pioneer Corn and Pinnacle Foods. She resides in New London.

Carrie got into this race as a voice for the middle class and the poor in the state of Iowa. She believes that the state government is simply giving too much away, using tax breaks to procure agreements with big corporations while not doing enough to educate our children. The unemployment rate is too high in District 84; this means that we need leaders in Des Moines that are regularly communicating with small businesses instead of constantly trying to lure extremely large companies, many times hiring out of state labor to fill the positions.

Carrie has worked in the New London School District as well; she has gained knowledge about the issues that our educators face daily. She has worked in some different industries, always fighting for fair wages and equal treatment for all in the workplace. She currently serves as the Vice President of the North Lee County Labor Council.

She is also hoping to see an end to the Governor’s plan to privatize Medicaid, and wants to see a more transparent process when large economic development agreements come to the area.

District 84 encompasses portions of Northern Lee County, Henry County, and Jefferson/Washington townships. [note from desmoinesdem: A map is after the jump, along with the latest voter registration numbers.]

Carrie is originally from Chillicothe, Illinois and she grew up on a family farm. She has a lifetime appreciation for our state’s local ag producers. Carrie is involved in a number of terrific charitable organizations in Southeast Iowa, as well.

For more information go here:

http://kilj.com/2016/01/news/carrie-duncan-announces-run-for-state-representative-in-washington-henry-jefferson-and-lee-counties/

Iowa House district 92, covering part of Davenport and other areas in Scott County, has changed hands more times in the last decade than any other seat in the Iowa legislature. Democrat Elesha Gayman defeated Republican incumbent Jim Van Fossen in 2006, when the district was number 84. She held that seat against Republican Ross Paustian in 2008, then retired rather than seeking a third term in 2010. Paustian won the open-seat race by a comfortable margin, with a GOP landslide putting the wind at his back. However, he lost his first re-election bid in the slightly reconfigured House district 92 to former State Senator Frank Wood. Undeterred, Paustian sought a rematch and defeated Wood with some help from another Republican wave in 2014.

Four party switches in the last five elections guarantees that both parties will target this district in the fall.

Paustian is a relatively obscure back-bencher. The vice chair of the House committees on agriculture and environmental protection rarely makes news, except for that time the Des Moines Register’s Brianne Pfannenstiel snapped a photo of him reading the book Sex After Sixty during a long debate over a collective bargaining bill. That story went viral nationally and even made it into a British newspaper.

As of last week, Paustian has a Democratic challenger in Ken Krumwiede. Like Wood, Krumwiede is a career educator, and his campaign announcement signals that school funding will be a central issue in this race. Every Democratic candidate for the legislature should do the same. Last July, Governor Terry Branstad vetoed supplemental spending for K-12 schools and higher education, blowing up a bipartisan budget compromise and blowing a hole in school district budgets. Paustian and most of his fellow statehouse Republicans failed to take up the call to override those vetoes.

I enclose below a district map and background on Paustian and Krumwiede. House district 92 is relatively balanced politically, with 5,686 active registered Democrats, 5,799 Republicans, and 8,820 no-party voters according to the latest figures from the Iowa Secretary of State’s office. (Those numbers do not include voters who changed party affiliation on February 1 to participate in the Iowa caucuses.) President Barack Obama outpolled Mitt Romney among voters in this district by 53.94 percent to 45.0 percent in 2012. But Joni Ernst prevailed over Bruce Braley here in the 2014 U.S. Senate race by a similar margin of 53.26 percent to 43.45 percent.

Any comments related to the House district 92 campaign or candidates are welcome in this thread. The presidential-year electorate may favor Krumwiede, although incumbents have a natural advantage, and Scott County Republicans have been better-organized lately than local Democrats. The Iowa Farm Bureau will surely get involved on Paustian’s behalf, while organized labor including the Iowa State Education Association will likely assist Krumwiede.

This morning the Iowa Senate passed Senate File 2125, which would terminate contracts the state has signed with insurance companies picked to manage care for Iowans on Medicaid. Governor Terry Branstad announced his administration’s “modernization” plans early last year and selected four managed care providers in August, with a view to fully privatizing Medicaid by January 1, 2016. The state later terminated a contract with one of those four companies, and the federal government refused to grant the necessary waivers, saying Iowa would not be ready to shift to managed care until March 1 at the earliest.

Iowa Senate leaders made clear on day one of this year’s legislative session that Medicaid privatization would be a pressing concern. Senate President Pam Jochum has been sounding the alarm since last year, worried about how privatization would affect her developmentally disabled adult daughter and other Iowans with special needs. Jochum gave the opening and closing remarks in support of Senate File 2125 today. She repeatedly warned that the Branstad administration has tried to do too much, too fast, without input from state lawmakers or other stakeholders with expertise in the area. Fellow Democrats Chris Brase, Liz Mathis, Mary Jo Wilhelm, Rich Taylor, and Amanda Ragan echoed many of those concerns in their speeches.

During the floor debate, Republican State Senator David Johnson explained why he would vote for the bill. He read e-mails from numerous constituents expressing concern about access to health services for their loved ones on Medicaid. He pointed out that Minnesota took 20 years to transition to managed care, while Iowa is trying to implement the same changes over just one year. “It’s moving too fast. That’s the issue here. We need to put a dagger in this.”

Last week Johnson became the first GOP lawmaker to come out in favor of terminating the privatization program; I enclose below excerpts from Jason Clayworth’s report for the Des Moines Register. Johnson’s fears about “children at risk of losing services” stem from the failure of the managed care companies to sign contracts with thousands of providers who have been treating Iowans on Medicaid, including children on HAWK-I (Iowa’s version of the State Children’s Health Insurance Program). Scroll to the end of this post for more details on that access problem, based on data from the Iowa Department of Human Services.

Republicans who spoke against the bill today included Senators Jason Schultz and Mark Chelgren. Schultz claimed Democrats took “ownership” of managed care by putting assumptions about Medicaid savings into the health and human services budget for the current fiscal year. During her concluding remarks, Jochum pushed back hard against the idea that a vote for last year’s health and human services budget was a vote for managed care. Rarely do I ever agree with Schultz, but I think Senate Democrats walked into a trap there. The Branstad administration’s estimates on reduced Medicaid costs after privatization were never grounded in reality, but Democrats accepted those assumptions in the budget they passed–not because they supported the Branstad effort, but likely because doing so gave them an extra $51 million to spend on other health-related priorities.

Chelgren argued that lawmakers should keep their word after voting for a budget that assumed Medicaid would shift to managed care. He likened the situation to Congressional Republicans voting to repeal the 2010 Affordable Care Act without having a plan ready to replace “Obamacare.” The analogy fails because terminating Medicaid privatization that hasn’t been fully implemented would not be like repealing Obamacare after several years of operation. The status quo is an available and less disruptive alternative to serving the 560,000 Iowans on Medicaid. Chelgren claimed that halting Medicaid privatization and starting the process over would “betray” those who signed up as providers under the new system. That argument made no sense; public comments from Iowans on Medicaid and health care stakeholders have overwhelmingly opposed the Branstad policy.

During her concluding remarks, Jochum refuted claims that 39 other states have put Medicaid in managed care. In reality, only four states have fully privatized the system, as the governor is doing.

Shortly after the floor debate, senators voted 29 to 19 to approve SF 2125. Republicans Jake Chapman and Tom Shipley joined Johnson and all 26 Senate Democrats. Notably, those three Republicans all represent strongly GOP districts, not marginal seats.

The bill now goes to the Iowa House, where Speaker Linda Upmeyer has indicated she does not plan to bring the measure up for debate. For a nurse practitioner by training, Upmeyer is remarkably insensitive to ordinary people’s health care needs–not only those on Medicaid, but also chronically ill Iowans who could benefit from medical cannabis. A post in progress will catch up on the state of play for medical marijuana in the Iowa legislature.

UPDATE: Added more links and comments on the Medicaid debate below. According to Erin Murphy, Upmeyer confirmed today that the House will not take up SF 2125, because the governor would certainly veto it. Given how unpopular Medicaid privatization is, the public would likely support a legislative override of that veto. But at least five more Republican senators would have to change their stands to override a veto in the upper chamber. In the House, at least 24 GOP state representatives would need to support an override, assuming all 43 House Democrats voted in favor.

Governor Terry Branstad delivered his annual Condition of the State address to members of the Iowa House and Senate and the Iowa Supreme Court justices yesterday. If you missed the speech, the full prepared text is here. Iowa Public Television posted the video and transcript here. The early part of the 30-minute address included one false or misleading assertion after another.

· “Sound budgeting practices and fiscal discipline now have us ranked as the 3rd best managed state in the nation.” Contrary to the idea that Branstad markedly improved Iowa’s operation, a major investors group also ranked Iowa the third best-managed state in 2010 under Governor Chet Culver, recognizing Iowa’s good fiscal position, high credit ratings from leading agencies, and low debt per capita compared to most other states.

· “The Iowa Economy has created 214,000 new jobs; surpassing our 2010 goal.” Sorry, no. That’s a fake statistic no economist would accept. It’s a shame the governor has instructed Iowa Workforce Development to keep cooking the books on employment.

· “If the state fails to implement managed care, the growth of Medicaid spending will consume virtually all of our revenue growth.” The Branstad administration has not been able to demonstrate that managed care will save the state money. Florida’s Medicaid privatization turned out to be more costly without improving patient care.

I was also disappointed not to hear more specifics about how Branstad envisions spending funds he would like to divert from school infrastructure to water programs. What kind of water quality programs would be prioritized, and who would administer them? Then again, details about this plan may be irrelevant, because Iowa House and Senate leaders don’t sound open to the idea.

For now, I want to focus on a much more promising part of Branstad’s address. To my surprise, the governor devoted a major section–roughly eight minutes of speaking time–to advocating for criminal justice reforms proposed by a working group he appointed in August. The group was charged with developing ideas to increase fairness and reduce racial disparities in Iowa’s criminal justice system. Click here to read the full recommendations released in November. Bleeding Heartland will discuss some of the proposals in more detail in future posts. Advocates for defendants’ rights and racial justice have generally welcomed the proposals.

Although some policies do not go far enough, and other important reforms are missing from the document, I’m encouraged to see the governor apply some political capital toward reducing systemic racism and inequities in the justice system. I enclose below the relevant portion of Branstad’s speech, with some annotations.

UPDATE: I can’t believe I forgot to mention one thing Branstad could do immediately to address a massive racial disparity in Iowa. His executive order making it extremely difficult for felons to regain their voting rights disenfranchises Iowans of all ethnic backgrounds but disproportionately affects racial minorities.

Governor Terry Branstad wore a pink tie and many colleagues remarked on history made yesterday at the Capitol, as Linda Upmeyer became the first woman to preside over the Iowa House as speaker, as well as the first child of an Iowa legislative leader to rise to the same position. Erin Murphy’s take on the milestone is worth a read.

As in recent years, social issues were almost entirely absent from the leaders’ opening remarks to their Iowa House and Senate colleagues. State budget priorities dominated the comments relating to public policy, with Republicans emphasizing the importance of not spending too much and Democrats emphasizing the need to spend enough on education and other vital services. No one mentioned Branstad’s call to extend the penny sales tax for school infrastructure and divert part of the revenue stream to water programs.

One of the best pickup opportunities for Democrats in the Iowa House got better on Thursday, as three-term Republican State Representative Brian Moore told KMAQ Radio in Maquoketa that he will not run for re-election in House district 58. After an unsuccessful bid for the Democratic nomination in an Iowa Senate district, Moore switched parties, filed in a House seat where there was no Republican challenger, and pulled off one of the most shocking Iowa state legislative upsets in 2010. He won a re-match against Tom Schueller in the next election cycle and defeated challenger Kim Huckstadt by a comfortable margin in 2014.

House district 58 is among the most Democratic-leaning legislative seats currently held by a Republican. In 2012, Barack Obama received 55.6 percent of the vote here; only residents of House district 91 in the Muscatine area gave a higher percentage of their votes to the president while electing a Republican to the Iowa House. According to the latest figures from the Iowa Secretary of State’s office, House district 58 contains 6,968 active registered Democrats, 4,726 Republicans, and 9,151 no-party voters.

Moore has not always fallen in line with House Republican leaders. In late December, he told William Garbe of the Dubuque Telegraph-Herald that he may break with his caucus during this year’s session to support a larger funding increase for K-12 schools. Fellow GOP State Representatives Quentin Stanerson and Ron Jorgensen are also retiring this year and are known to have been dissatisfied with the final compromise on education funding last year. Moore’s announcement will increase speculation that State Representative Josh Byrnes may not seek a fourth term in House district 51. He challenged Linda Upmeyer for the speaker’s chair last summer. After losing that contest, Byrnes criticized excessive partisanship and the failure to meet deadlines for approving school funding. In 2013, Byrnes and Moore were the only two House Republicans to vote with Democrats to expand Medicaid as foreseen under the Affordable Care Act.

Democrat Peter Hird launched his campaign in House district 58 in October. I enclose below some background on Hird and a map of the district, which covers all of Jackson County, a large area in Jones County and two rural Dubuque County townships. Pat Rynard profiled Hird at Iowa Starting Line last month. I would not be surprised to see another Democrat file to run for this seat, since the winner of the primary will have a good chance of being elected in November.

Governor Branstad deserves credit for his proposal to provide significant resources to address water quality in Iowa. The proposal is an acknowledgment that water pollution is a serious, immediate problem that will take a major investment of resources to solve. It’s an acknowledgment that the drinking water in communities from Boone to Des Moines is at risk of being unsafe to drink because of high nitrate levels. It’s an acknowledgment that Iowans deserve better than a record number of public beach warnings caused by toxic algae and nutrient pollution. It’s an acknowledgment that while the voluntary Nutrient Reduction Strategy may provide a framework for solving our water quality problems, without the resources and urgency to implement it, the voluntary Nutrient Reduction Strategy won’t get us there.

Proposing a significant investment in water quality acknowledges the seriousness of our water quality problem and opens the door for serious discussions about how to find the resources to solve the problem. The Governor demonstrated leadership in starting the conversation, and it will take continued leadership to be open to input to improve the proposal and get buy in from legislators and the diverse constituencies that care about solving our water quality problem.

The leadership of an open mind is critical, because Governor Branstad’s proposal is not without its flaws.

When politicians lie, opponents often echo longtime Senator Daniel Patrick Moynihan’s famous words: You’re entitled to your opinion, but you’re not entitled to your own facts.

Politicians can get away with deception, however, when journalists present conflicting facts as opposing viewpoints in a “he said/she said” frame. So it was when Governor Terry Branstad recently touted phony job creation numbers, and reputable Iowa journalists hid behind “critics say” rather than acknowledging reality: no serious economist would recognize those statistics.

And so it was when the Des Moines Register again covered the Iowa Department of Revenue’s unprecedented attempt to rewrite tax code through the rule-making process. Statehouse reporter Brianne Pfannenstiel’s attention to the topic is welcome. The rule change has been an under-reported Iowa politics story this fall, even though it could have a huge impact on the state budget in coming years. Unfortunately, as was the case in earlier articles for the Register on the same controversy, Pfannenstiel avoided stating some important truths about the Branstad administration’s efforts, attributing such observations to “others” including “Democratic lawmakers.”

The journalist’s reflex to appear impartial by presenting factual statements as partisan opinions is part of what media critic Jay Rosen has called the View from Nowhere.

graph of nitrates in the Des Moines River exceeding safe levels, taken by Steven Witmer using data from the U.S. Geological Survey

The Des Moines Water Works announced yesterday that it spent some $1.5 million during 2015 to operate its nitrate removal system “for a record 177 days, eclipsing the previous record of 106 days set in 1999.” The utility provides drinking water to about 500,000 residents of central Iowa, roughly one-sixth of the state’s population. The U.S. Environmental Protection Agency considers 10 mg/l the maximum safe level for nitrates in drinking water. The Des Moines Water Works switches the nitrate removal system on when nitrates exceed 9 mg/l in both of its sources, the Raccoon River and the Des Moines River. I enclose below the full press release from the Water Works, as well as charts from the U.S. Geological Survey’s website showing recent nitrate levels in the Raccoon and Des Moines rivers.

Runoff from agricultural land is the primary source of nitrates in Iowa waterways. As David Osterberg wrote yesterday, “so little land in Iowa is devoted to urban uses (lawns or golf courses) that even if urban application rates of Nitrogen and Phosphorous fertilizer were much higher than that on farms, only 2 percent of the pollution from land application of fertilizer comes from lawns and golf courses.” This “nutrient pollution” not only incurs extra costs for providing safe drinking water but also creates toxic algae blooms, which caused a record number of beach advisory warnings during the summer of 2015.

Last January, the Des Moines Water Works filed a lawsuit against drainage districts in northwest Iowa’s Sac, Calhoun and Buena Vista Counties. Drake University Law Professor Neil Hamilton wrote an excellent backgrounder on this unprecedented litigation: Sixteen Things to Know About the Des Moines Water Works Proposed Lawsuit. In a guest column for the Des Moines Register last May, Hamilton debunked the “strenuous effort” to convince Iowans that “the lawsuit is unfair and unhelpful.”

Governor Terry Branstad has depicted the lawsuit as a sign that “Des Moines has declared war on rural Iowa” and repeatedly criticized the Water Works last year. Iowa Secretary of Agriculture Bill Northey claims the water utility “has attempted to stand in the way of these collaborative efforts” to reduce nutrient pollution. A front group funded by the Iowa Farm Bureau and other agribusiness interests and led by Cedar Rapids Mayor Ron Corbett, among others, has also tried to turn public opinion against the lawsuit. In recent weeks, that group with the Orwellian name of Iowa Partnership for Clean Water has been running television commercials seeking to demonize Water Works CEO Bill Stowe.

Northey, Corbett, and Lieutenant Governor Kim Reynolds may soon become bitter rivals for the 2018 GOP nomination for governor. But those three will stand together opposing any mandatory regulations to reduce agricultural runoff. All support Iowa’s voluntary nutrient reduction strategy, shaped substantially by Big Ag and lacking numeric criteria strongly recommended by the U.S. EPA.

William Petroski and Brianne Pfannenstiel report in today’s Des Moines Register that Branstad “is exploring a legislative proposal that would provide money for water quality projects by using projected revenue growth from an existing statewide sales tax for schools.” Apparently “superintendents have been getting called to the state Capitol to discuss the proposal” with Branstad and Reynolds. Fortunately, that cynical attempt to pit clean water against school funding appears to have zero chance of becoming law. Of the ten state lawmakers or representatives of education or environmental advocacy groups quoted by Petroski and Pfannenstiel, none endorsed the half-baked idea. Their reactions ranged from noncommittal to negative. Speaking to Rod Boshart of the Cedar Rapids Gazette, Iowa Senate Majority Leader Mike Gronstal said of a possible Branstad proposal on water quality funding, “We certainly would be willing to look at that but we’re not going to cannibalize education or the basic social safety net so that he can put a fig leaf on his record on the environment.”

UPDATE: Erin Murphy reported more details about Branstad’s proposal: extend the 1 percent sales tax for school infrastructure, dedicate the first $10 million in annual growth to schools and allocate the rest to water programs.

SECOND UPDATE: Added below excerpts from Murphy’s report for the Cedar Rapids Gazette on Branstad’s plan. I’m disappointed to see U.S. Secretary of Agriculture Tom Vilsack endorse this ill-conceived proposal. Of course we “need to work on [water quality] now,” but why does the money have to come out of school funds? Remember, the Branstad administration is already pushing a corporate tax break that will cost public school districts millions of dollars a year for infrastructure on top of tens of millions of dollars in lost state revenue.

THIRD UPDATE: Branstad told reporters today he does not believe there is support in the legislature to raise the sales tax. Under a constitutional amendment adopted in 2010, 3/8 of a cent of the next Iowa sales tax increase would flow into the natural resources trust fund. He also indicated that he would not support extending the penny sales tax for school infrastructure beyond 2029, when it is scheduled to expire, without lawmakers agreeing to divert some of the funding to water programs. According to incoming Iowa House Speaker Linda Upmeyer, “House Republicans have been divided on whether to extend the school infrastructure sales tax beyond 2029.”

Happy new year, Bleeding Heartland readers! Here’s an open thread: all topics welcome.

I am grateful to everyone who contributed guest posts during 2015: Dave Swenson, Jon Muller, fladem, 2laneIA, ahawby, Julie Stauch, Susan Staed, Mike Owen, natewithglasses, sarased, frankly, Jane Kersch, aleand67, Matt Hauge, ModerateIADem, Leland Searles, Eileen Miller, Tracy Leone, Pari Kasotia, Roger Pedactor, Stacey Walker, Mike Draper, cocinero, AbramsMom, mrtyryn, desmoinesiowa15, moderatepachy, Joe Stutler, Zach Wahls, and State Representative Chuck Isenhart.

Guest authors can write about any political topic of state, local, or national importance. Pieces can be short or long, funny or serious. You do not need to contact me ahead of time with your story idea. Just register for a user account, log in, write a post, edit as needed, and hit publish when you are ready. The piece will be “pending” until I approve it for publication, to prevent spammers from using the site to sell their wares.

I also want to thank everyone who participates here by commenting on posts. If you’ve never done so, feel free to register for a user account and share your views. If you used to comment occasionally but have not done so since this blog relaunched on a different software platform in October, you will need to reset your password. E-mail me with any problems registering for an account, logging in, or changing a password; my address is near the lower right-hand corner of this page.

I wish everyone success in sticking to your new year’s resolutions. Keep in mind that new habits typically take a few months to establish. I’m still working on my list of Iowa politics predictions for 2016, but now seems like the right time to hold myself accountable for last year’s effort. Follow me after the jump to see how I did.

As I mentioned on Tuesday, writing is a labor of love for me. Some posts are much more labor-intensive than others.

All of the pieces linked below took at least a couple of days to put together. Some were in progress for weeks before I was ready to hit the publish button. (No editor, deadlines, or word limits can be a dangerous combination.) A few of the particularly time-consuming posts required additional research or interviews. More often, the challenge was figuring out the best way to present the material.

Several pieces that would have qualified for this list are not included, because they are still unfinished. Assuming I can get those posts where they need to be, I plan to publish them during the first quarter of 2016.

The Iowa legislature’s 2016 session opens two weeks from today. Last year’s session extended more than a month past the scheduled date for adjournment, largely because House Republican leaders refused to compromise on education spending. Lawmakers finally approved a budget deal in early June, only to watch Governor Terry Branstad strike out the key concessions to Democrats on funding for K-12 schools, state universities, and community colleges.

Legislators from both parties sound determined not to let history repeat itself.

For months, Governor Terry Branstad has dismissed warnings from patients, advocates, doctors, hospitals, editorial boards, and lawmakers that the state’s rush to privatize Medicaid would disrupt health care for some 560,000 Iowans. Today the governor finally got the message in a form he can’t ignore. Director Vikki Wachino of the federal government’s Centers for Medicare and Medicaid Services wrote to Iowa Medicaid Director Mikki Stier,

Based on our review last week of Iowa’s progress, as well as the information you have provided, CMS expects that we will ultimately be able to approve Iowa’s managed care waivers. However, we do not believe that Iowa is ready to make this transition Jan. 1. CMS previously outlined the requirements to provide high quality, accessible care to Medicaid beneficiaries, and Iowa has not yet met those requirements, meaning that a transition on January 1 would risk serious disruptions in care for Medicaid beneficiaries. While you have made progress in some areas of readiness, our review also identified significant gaps that need to be addressed before CMS can authorize your waiver requests. For that reason, CMS will work with you toward approval of your request effective March 1, 2016, provided that the state demonstrates progress toward readiness consistent with the actions in the attachment to this letter.

Click through to read the full four-page letter and four-page attachment from Wachino to Stier, which the Des Moines Register posted online. CMS officials found that “significant areas of the state did not have many provider types within a reasonable distance,” and that “Relying too heavily on out-of-network providers is likely to create confusion among beneficiaries and providers, result in access issues for beneficiaries, and disrupt continuity of care for beneficiaries.” Many of the points raised echo concerns three Democratic state senators expressed during meetings with CMS officials in Washington last month.

The CMS readiness review also showed that nearly half of Medicaid recipients who tried to call the state’s call centers earlier this month could not get through. Many Iowans who did reach a staffer on the phone were not able to find out whether any of their current doctors had signed contracts with the four managed care providers approved to run Medicaid. The CMS findings are consistent with what I’ve been hearing from acquaintances: the enrollment packets sent to Medicaid recipients did not include basic details they would need to make an informed choice of managed care provider (such as where their family’s current doctors will be in-network).

I enclose below reaction to today’s news from Branstad, who struck an upbeat tone, and key Democratic lawmakers, who vowed to keep fighting to improve legislative oversight of the Medicaid privatization. The Democratic-controlled Iowa Senate approved such a bill during the 2015 session, but the Republican-controlled Iowa House declined to take it up. Oversight is the very least state lawmakers could do to prevent the transition to managed care from becoming a pretext for denying services to vulnerable Iowans.

David Pitt noted in his report for the Associated Press,

Two legal challenges continue including one from the Iowa Hospital Association, a trade group for the state’s hospitals. It sued the state claiming the privatization plan is illegal because it takes millions of dollars from a dedicated hospital trust fund and gives it to the four managed care companies.

Any relevant comments are welcome in this thread. I am grateful that so many Iowans took the time to contact federal officials about Branstad’s disastrous policy. Bleeding Heartland reader Rhonda Shouse has been one of the superstar organizers in that fight.

UPDATE: Added below reaction from Representative Dave Loebsack (D, IA-02). I expect that during next year’s re-election campaign, Loebsack will highlight his efforts to shield constituents from the negative consequences of shifting Medicaid to managed care. His only declared Republican opponent is State Senator Mark Chelgren, who like his GOP colleagues in the upper chamber has done nothing to slow down the privatization or strengthen legislative oversight of the process.

SECOND UPDATE: Added more news and commentary related to this issue.

December 14 marked 7,642 days that Terry Branstad has been governor of Iowa, making him the longest-serving governor in U.S. history, according to Eric Ostermeier of the Smart Politics website. Because most states have term limits for governors, “The odds of anyone passing [Branstad] in the 21st Century are next to none,” Ostermeier told Catherine Lucey of the Associated Press.

Speaking about his legacy, Branstad has emphasized the diversification of Iowa’s economy, even though a governor has far less influence over such trends than Branstad seems to believe. Some have cited “fiscal conservatism” as a hallmark of Branstad’s leadership. I strongly disagree. The man who has been governor for nearly half of my lifetime is stingy about spending money on education and some other critical public services. He opposes bonding initiatives commonly used in other states to fund infrastructure projects (“you don’t borrow your way to prosperity”). But he is happy to provide tens of millions or hundreds of millions of dollars in tax breaks to corporations that don’t need the help, without any regard for the future impact of those tax expenditures on the state budget. Many of Iowa’s “giveaways” in the name of economic development will never pay for themselves.

Branstad’s governing style has changed Iowa in important ways. He has altered Iowans’ expectations for their governor. He has expanded executive power at the expense of both the legislative branch and local governments. And particularly during the last five years, he has given corporate interests and business leaders more control over state policy. More thoughts on those points are after the jump, along with excerpts from some of the many profiles and interviews published as today’s landmark approached.

P.S.- Speaking of Branstad doing what business elites want him to do, Iowa Public Television’s “Governor Branstad: Behind the Scenes” program, which aired on December 11, included a telling snippet that I’ve transcribed below. During a brief chat at the Iowa State Fair, Iowa Board of Regents President Bruce Rastetter asked Branstad to call Bruce Harreld, at that time one of the candidates to be president of the University of Iowa. That Rastetter asked Branstad to reassure Harreld was first reported right after the Board of Regents hired the new president, but I didn’t know they had the conversation in public near a television camera.

P.P.S.-Now that Branstad has made the history books, I remain convinced that he will not serve out his sixth term. Sometime between November 2016 and July 2017, he will resign in order to allow Lieutenant Governor Kim Reynolds to run for governor in 2018 as the incumbent. Although Branstad clearly loves his job, he is highly motivated to make Reynolds the next governor. She lacks a strong base of support in the Republican Party, because she was relatively inexperienced and largely unknown when tapped to be Branstad’s running mate in 2010. Even assuming she is the incumbent, Reynolds strikes me as more likely to lose than to win a statewide gubernatorial primary. Remaining in Branstad’s shadow would give Reynolds little chance of topping a field that will probably include Cedar Rapids Mayor Ron Corbett and Iowa Secretary of Agriculture Bill Northey.

P.P.S.S.-I will always believe Branstad could have been beaten in 1990, if Democrats had nominated a stronger candidate than Don Avenson. Attorney General Tom Miller lost that three-way primary for one reason only: he was against abortion rights. Miller later changed that stance but never again ran for higher office.

Jon Neiderbach announced on Facebook today that he has decided not to run in Iowa House district 43: “We desperately need to fight hard to fix Iowa government, but I came to the conclusion that this wasn’t the best way for me to help make that happen.” He added that he “strongly” endorses fellow Democrat Jennifer Konfrst, “a wonderful candidate with strong connections to HD 43,” and will volunteer for her campaign. Neiderbach was the Democratic candidate for state auditor in 2014 and launched his bid for the Iowa House this September.

Incoming Iowa House Majority Leader Hagenow will be favored to win a fifth term here. His campaign will have virtually unlimited financial resources, and for decades, voters in this part of the Des Moines suburbs have elected Republicans to the state legislature. However, Hagenow is far more conservative than most of those predecessors. In addition, as Bleeding Heartland has noted before, Hagenow won re-election by fewer than two dozen votes in the last presidential election cycle, after Republicans spent heavily on negative tv ads that Democrats left unanswered. He won by fewer than 100 votes in 2008.

House district 43 leans slightly to the GOP on paper, with 6,673 active registered Democrats, 7,416 Republicans, and 5,981 no-party voters, according to the latest figures from the Iowa Secretary of State’s office. President Barack Obama outpolled Mitt Romney in these precincts by 50.6 percent to 48.3 percent, smaller than his statewide winning margin. Then again, Joni Ernst beat Bruce Braley by only 2 percent in HD-43, a lot less than her 8-point victory in the 2014 U.S. Senate race.

Any comments about potentially competitive Iowa House races are welcome in this thread. I enclose below a map of House district 43. Click here for background on Konfrst, who is on the web at JenniferKonfrst.com as well as on Facebook and Twitter.

Final note: few Iowans in either party know more about the inner workings of state government than Neiderbach, who worked in the non-partisan Legislative Fiscal Bureau for fourteen years and as a management analyst for the Iowa Department of Human Services for fifteen years after that. He would be a valuable asset to any Democrat’s efforts to improve state budgeting and operations.

Television reporter and former KCRG morning show anchor Ashley Hinson emerged today as the likely Republican nominee in the Iowa House district that outgoing Speaker Kraig Paulsen is vacating. Paulsen announced in August that he would not seek another term in House district 67. Instead, he will take up a newly-created senior position at Iowa State University next year.

Hinson is on Twitter here and has a campaign website and Facebook page. At this writing, HinsonforHouse.com says little about political priorities; there’s no issues page or even a full bio of the candidate. The blurb on the front page offers a vague call to “stand up” against “politics as usual” and a promise to “make sure that everyone feels heard and is heard in Des Moines.” Hinson’s working campaign slogan appears to be “Trusted. Proven. Leader.”

Democrat Mark Seidl made his campaign in House district 67 official earlier this month. He unsuccessfully challenged Republican State Representative Renee Schulte in 2010 and ran against Paulsen in 2012. I am not aware of a Seidl campaign presence on Twitter or Facebook, but the candidate’s website is here. The issues page consists of bullet points on improving the business climate in Iowa, creating well-paid jobs, supporting education, balancing the budget, and maintaining “Iowa’s leadership in renewable energy.”

I enclose below a map of House district 67, details about the district’s political make-up and recent voting history, and background on Hinson and Seidl.

The Iowa Utilities Board (IUB) announced yesterday that it “has started the process to transfer funds earmarked for the Iowa Energy Center (IEC) at Iowa State University and the Center for Global and Regional Environmental Research (CGRER) at the University of Iowa.” The retreat came less than a week after a spokesperson had insisted, “The board will disburse the funds when they are satisfied (the centers) have answered all the board’s questions.”

Restoring the flow of money means the centers charged with promoting alternative energy and efficiency and “interdisciplinary research on the many aspects of global environmental change” no longer face possible staff layoffs or program cuts. But yesterday’s climb-down won’t erase the damage done by IUB Chair Geri Huser’s unwise and unprecedented decision to withhold funding, in the absence of any legal authority to do so. She miscalculated in three ways.

A Republican challenger to three-term State Senator Jeff Danielson in Iowa Senate district 30 emerged last week. Bonnie Sadler is on Facebook here and on Twitter here. Danielson has a campaign website as well as a Facebook page and Twitter feed.

Danielson was the Iowa legislative incumbent re-elected by the narrowest margin in 2008, beating Walt Rogers by just 22 votes out of more than 32,000 cast. Although Danielson won his third term by a somewhat larger margin in 2012, Republicans are still likely to target this race as one of their top two or three pickup opportunities. The Republican State Leadership Committee has committed to play for the Iowa Senate majority in 2016. Democrats currently control the chamber by 26 votes to 24.

I enclose below a map of Senate district 30, a review of its voter registration numbers and recent voting history, background on both candidates, and first thoughts on what should be a central issue during next year’s campaign.

Incoming Iowa House Speaker Linda Upmeyer says the majority House Republican caucus will handle education spending early during the 2016 legislative session, and will likely not approve funding for Planned Parenthood clinics in Iowa. I recommend reading Erin Murphy’s whole interview with Upmeyer, which appeared in the Quad-City Times on Sunday. Follow me after the jump for more thoughts on Upmeyer’s comments and how state support for public school districts and Planned Parenthood’s family planning programs may play out next year.

Democrat Dave Grussing announced earlier this month that he will challenge two-term Republican State Representative Tedd Gassman again in Iowa House district 7, which covers Emmet and Winnebago counties plus half of Kossuth County on Iowa’s northern border. A detailed district map is below, along with background on both candidates. Grussing’s campaign is on the web at Grussing for Iowa House and on Facebook here. His key campaign issues include job creation for rural Iowa, more funding for K-12 schools and community colleges, “encouraging veterans and military retirees to locate in Iowa,” and raising the minimum wage. Grussing has also expressed concern about Governor Terry Branstad’s unilateral decision to close two in-patient mental health institutions and privatize Medicaid.

House district 7 has been one of the most competitive state legislative districts in recent election cycles. Democrat John Wittneben defeated Republican Lannie Miller in an open-seat race by just 32 votes in 2010. That campaign likely would have ended differently if Iowa Republican leaders and key GOP-leaning interest groups such as the Iowa Farm Bureau Federation and the Iowa Association of Business and Industry had not left Miller behind. Redistricting following the 2010 census made House district less friendly territory for a Democrat, and Wittneben lost his 2012 re-election bid to Gassman by just 44 votes.

House district 7 leans Republican, with 5,269 active registered Democrats, 6,323 Republicans, and 8,307 no-party voters, according to the latest figures from the Iowa Secretary of State’s office. Voters living in the district supported Mitt Romney over Barack Obama by 51.82 percent to 46.97 percent in 2012 and favored Joni Ernst over Bruce Braley in last year’s U.S. Senate race by 55.71 percent to 38.56 percent, nearly double Ernst’s statewide margin of victory. Grussing’s challenge to Gassman was one of seven Iowa House races the progressive group Democracy for America targeted last cycle, probably because of Gassman’s narrow win in 2012. But Gassman easily won by more than 1,700 votes.

Even in a presidential election year, when more Democrats turn out to vote, Grussing will need to outperform the incumbent substantially among independents and win some crossover Republican votes. That’s not an insurmountable task for a hard-working candidate, though. Especially since Gassman promised during the 2014 campaign to “support education at all levels,” saying “his first priority would be to approve a supplemental state aid bill for K-12 education.” Although Gassman served as vice chair of the House Education Committee during the 2015 legislative session, to my knowledge he did not speak out for investing more in education as Republican House leaders refused for months to compromise on school funding. Nor did I hear of him criticizing Branstad’s decision to strike nearly $65 million in K-12, community college, and state university funding from the supplemental spending bill lawmakers approved. Gassman certainly didn’t try to override Branstad’s vetoes. Grussing should remind voters frequently that their elected representative stood by while the governor blew a hole in the budgets of K-12 school districts and Iowa Lakes Community College in Emmetsburg.

In addition, for lack of a more tactful way to say this, Gassman is kind of weird. He has often put himself way outside the mainstream, even in his own party. For instance, during an Iowa House subcommittee hearing to consider his 2013 bill to end no-fault divorce for couples with children under age 18, Gassman speculated that his daughter and son-in-law’s divorce put his 16-year-old granddaughter at risk of becoming “more promiscuous.” Only six of his fellow Iowa House Republicans co-sponsored that no-fault divorce bill. The same year, Gassman was among just ten GOP state representatives to co-sponsor a bill that would have banned county recorders from issuing marriage licenses to same-sex couples “until such time as an amendment to the Constitution of the State of Iowa defining marriage as the legal union of one man and one woman is submitted to the electorate for ratification.” The bill was clearly unconstitutional and would have created a circus like what Kentucky experienced this summer, thanks to rogue county clerk Kim Davis.

Gassman’s not a strong fundraiser, although his campaign disclosure reports for 2013 and 2014 (see here, here, and here) show that he receives a fair amount of “free money” from political action committees that give the same amount to dozens of state lawmakers. During the 2014 campaign, Grussing benefited from a number of labor union PAC donations, which will likely come through again if he can demonstrate he is running an active campaign.

In an unprecedented and “perhaps illegal” step, Iowa Utilities Board Chair Geri Huser is “withholding funding from the state’s renewable energy research center until its leaders satisfy her questions about its programs and finances,” Ryan Foley reported today for the Associated Press.

Huser’s overreach reflects a serious misunderstanding of her role as a member of the Iowa Energy Center’s advisory council. Her power play also raises questions about why Huser would go to such extraordinary lengths to disrupt activities at a center that has been promoting energy efficiency, conservation, and renewable technologies for nearly 25 years.

A poll in the field this week is measuring Iowans’ views of the University of Iowa and whether certain changes would increase the perceived value of a degree from the university. The phrases enclosed below reflect what one respondent was able to recall from the survey, which lasted approximately 15 minutes.

I hope to update this post with much more detail about the question wording. If you receive this call (or any message-testing poll), please take notes and send them to the e-mail address at the bottom right of the Bleeding Heartland front page.

The survey included at least one question about the performance of the University of Iowa’s new president, Bruce Harreld. In interviews with Iowa Public Television and Iowa Public Radio today, Harreld said he has been “building trust” by meeting with as many stakeholders on campus as possible. He also endorsed a plan to seek more state funding for the university next year. Jeff Charis-Carlson reported for the Iowa City Press-Citizen on November 6 that the “faculty vitality” proposal would provide $4.5 million for recruiting new faculty and increasing salaries of tenure-track faculty during the 2017 fiscal year. Iowa Board of Regents President Bruce Rastetter orchestrated adding $4.5 million to the budget request for the University of Iowa a few days after the regents hired Harreld. The move was widely perceived as an effort to placate those who disapproved of the hiring before a scheduled meeting of the Faculty Senate. Iowa Public Television’s “Iowa Press” program will broadcast the full episode with Harreld this Friday and Sunday.

Claire Celsi announced on Monday that she is running against Republican State Representative Peter Cownie in Iowa House district 42, which covers most of West Des Moines in Polk County. A detailed district map is below, along with background on both candidates. Celsi’s campaign is on the web at Claire4Iowa.com and on Facebook here. Celsi is also on Twitter. Her key campaign promises are to “fight for strong public education, protecting our environment and for sensible economic development that includes the district’s small business owners in the mix.”

House district 42 is relatively balanced politically, with 6,242 active registered Democrats, 7,097 Republicans, and 6,676 no-party voters, according to the latest figures from the Iowa Secretary of State’s office. The HD-42 precincts voted slightly more Republican than Iowa did as a whole in the 2012 presidential election, giving Barack Obama 49.85 percent of the vote while Mitt Romney won 48.83 percent. On the other hand, Joni Ernst outpolled Bruce Braley here in the 2014 U.S. Senate race by a little less than her winning margin statewide: 51.55 percent to 45.51 percent.

Cownie outperformed the top of the Republican ticket in the last two general elections, winning 56.61 percent of the vote in 2012 and 60.17 percent of the vote last year. He comes from a well-connected family in Polk County, which helped him raise far more money than a typical Iowa House incumbent for his 2012 and 2014 re-election campaigns. Cownie spent very little of those funds on his own race, kicking most of the cash over to the Republican Party of Iowa and its Eisenhower Club for use in other statehouse contests.

First elected in 2008 to replace retiring Republican lawmaker Libby Jacobs, Cownie has chaired the House Commerce Committee since 2013 and led the State Government Committee for two years before that. He is not what you’d call a workhorse at the Capitol. He has co-sponsored various bills and resolutions, but I’m not aware of any particular legislative achievements or causes he has tried to advance. Although many moderate Republicans live in West Des Moines, I can’t think of a time Cownie voted independently from his caucus or stuck his neck out to advocate a less conservative stance on a high-profile issue. For instance, even though he represents an LGBT-friendly district and is of a generation that mostly supports marriage equality, Cownie voted just like everyone else in the GOP caucus for a constitutional amendment to ban same-sex marriage in 2011. (He opted not to co-sponsor the marriage amendment in subsequent legislatures, but to my knowledge he has never spoken out for equal marriage rights.) Nor did Cownie criticize, let alone try to over-ride, Governor Terry Branstad’s education funding vetoes this summer, which blew a $1 million hole in the West Des Moines school district’s budget after the start of the current fiscal year.

Cownie was rumored to be interested in the House speaker’s chair in 2013, but when the position became available this summer, he did not put his name in as an alternative to Linda Upmeyer.

Iowa House Democratic leaders have not made this district a top target in the past. However, Celsi has been involved with enough Democratic campaigns to understand what successful candidates need to do. If she can raise enough money to run a credible effort, HD-42 could become a targeted race. At the very least, Cownie will need to spend more of his energy and money on his own turf. I consider Celsi a friend and will make time to volunteer for her campaign next year, when I’m not knocking doors for the Democratic nominee in my own House district. (Jennifer Konfrst and Jon Neiderbach are competing for the chance to take on House Majority Leader Chris Hagenow in HD-43.)

Polk County District Court Judge Douglas Staskal has dismissed a lawsuit challenging Governor Terry Branstad’s authority to veto funding intended to keep two in-patient mental health facilities open. Twenty Democratic state lawmakers and the president of Iowa’s largest public-employee union filed the lawsuit in July, arguing that the governor’s line-item vetoes violated Iowa Code provisions requiring that the state “shall operate” mental health institutes in Mount Pleasant and Clarinda. But Judge Staskal found that “Existing statutes cannot limit the Governor’s item veto authority,” which “is of constitutional magnitude. The only limitations that have been placed on that authority have been derived from the language of the constitution itself. […] And, there is no language in the item veto provision which suggests a statutory limitation on the power it creates. It is elementary that, to the extent there is conflict between a constitutional provision and a statute, the constitution prevails.”

I enclose below longer excerpts from the court ruling, which can be read in full here. Mark Hedberg, the lead attorney representing the plaintiffs, told Bleeding Heartland they “are preparing an appeal” to the Iowa Supreme Court “and will ask that it be expedited.”

What’s on your mind this weekend, Bleeding Heartland readers? This is an open thread: all topics welcome.

Former State Senator Kent Sorenson testified this week in the trial of two former Ron Paul presidential campaign aides. (A judge dismissed charges against a third man who had been indicted in the same case.) After initially claiming to be the victim of a “straight-up political witch hunt,” Sorenson eventually pled guilty to federal charges related to accepting hidden payments. He had been negotiating with Paul’s operatives for months on a price for changing his allegiance from presidential candidate Michele Bachmann to Paul less than a week before the Iowa caucuses.

Russ Choma wrote up Sorenson’s testimony for Mother Jones, and Grant Rodgers has been covering the trial for the Des Moines Register. On Thursday, Sorenson testified that he was upset when some staffers for Michele Bachmann’s campaign treated him “like a leper,” after he revealed that he had considered switching to Paul and was offered money to do so. Dude, what did you expect? Asking to be paid for a presidential endorsement should get a person shunned from polite society. People with leprosy should take offense at being compared to a guy like you.

Sorenson said in court the next day that going into politics was “a waste of my life, and I wish I had not done it.” I would guess a large number of Iowans in both parties also wish he had never gotten involved with politics.

Ten days ago, Polk County District Court Judge Douglas Staskal heard arguments in a case challenging Governor Terry Branstad’s veto of funding for two in-patient mental health facilities his administration decided to close earlier this year. In one exchange, Deputy Attorney General Jeffrey Thompson asserted that the governor could theoretically shut down the state’s court system by exercising his veto power to reject all appropriated funds for the judiciary. He noted that the constitution gives state lawmakers power to override a governor’s veto (through a two-thirds majority vote in both the Iowa House and Senate), and courts should not take on that role if legislators decline to do so.

I would like to hear attorneys’ opinions on whether the governor’s veto power extends so far. Can the governor eliminate virtually any part of state government by blocking appropriations for it, as long as at least one-third plus one member of one chamber of the legislature will back up his political agenda?

I’ve posted excerpts from these reports after the jump.

Iowa’s social conservatives have suffered several setbacks lately in their crusade against Planned Parenthood. The Iowa Supreme Court unanimously struck down an administrative rule that would have banned the use of telemedicine for medical abortions in several Planned Parenthood clinics. Iowa Attorney General Tom Miller informed a large group of Republican lawmakers that his office has neither “jurisdiction over transfers of fetal tissue” nor the “authority to investigate or demand information about the transfer of fetal tissue.” (Not that it mattered, since Planned Parenthood clinics in Iowa have never participated in fetal tissue donation programs.)

Governor Terry Branstad, who has always opposed abortion rights, acknowledged two weeks ago that “we cannot defund Planned Parenthood,” because a review of Planned Parenthood’s contracts with the state revealed that the health care provider has not “violated their responsibilities under the grants that they have received” for family planning services. An official review also confirmed no taxpayer money goes toward abortion services at Planned Parenthood clinics in Iowa.

During this year’s legislative session, Republicans successfully pushed for ultrasound requirements for women seeking abortions, but the final adopted language on ultrasounds did not add any new roadblocks or delays to the process of getting an abortion in Iowa.

Advocacy groups like Bob Vander Plaats’ FAMiLY Leader organization continue to pressure Branstad to keep his 2010 campaign promise to end Planned Parenthood’s state funding. Last week, Iowa House Republicans indicated that they plan to continue their “deliberate and unwavering battle” for the “pro-life” agenda.

Here’s how efforts to defund Planned Parenthood are likely to play out during next year’s Iowa legislative session. What happens after that depends mostly on whether the 2016 general election changes the balance of power at the statehouse.

Among the many examples of corporate cronyism Governor Terry Branstad’s administration has provided these past five years, getting the Iowa Department of Revenue and Finance to rewrite tax code without legislative approval “on behalf of the Iowa Taxpayers Association” is among the most brazen.

Not only does this unprecedented use of the rule making process usurp legislative authority, it may end up being more expensive than “the worst economic development deal in state history.” At least tax incentives benefiting Orascom (for a fertilizer plant the company would have built anyway) have an end point. The Iowa Department of Revenue’s proposed sales tax cut for manufacturers will cost the state of Iowa tens of millions of dollars in revenue every year, indefinitely.

Democratic state lawmakers weren’t happy that the Branstad administration unilaterally decided to let private insurance companies manage the state’s Medicaid program, especially since some corporate representatives were briefed on that managed care plan long before state officials informed lawmakers or the general public. But state lawmakers didn’t have a way to block the Medicaid privatization.

In contrast, the Iowa House and Senate could stop the Iowa Department of Revenue’s proposed rule and thereby assert the authority of the legislative branch to approve tax code changes. Alas, signs from Tuesday’s meeting of the legislature’s Administrative Rules Review Committee (ARRC) point to House Republicans going along with the Branstad administration’s ”serious overreach of executive power.”

The Iowa Department of Revenue and Finance (IDORF) has proposed new administrative rules, effectively providing a tax cut worth tens of millions of dollars for Iowa manufacturers.  Absent a legislative response, the rule goes into effect January 1, 2016.

https://rules.iowa.gov/Notice/…

This is a serious overreach of executive power. The complexity of the issue, coupled with the unquenchable desire by the party in power to reduce taxes on business, provide the perfect climate to give a tax cut to manufacturers of some amount between $35 million to $80 million, perhaps more. This is an ongoing tax cut of increasing value. This action should be weighed against the Governor’s veto of $55.6 million of education funding….one-time education funding….because the State of Iowa ostensibly could not afford it.

And what is the stated purpose of this rule change? According to the notice, the rules are the “subject of a substantial confusion and controversy.” Furthermore, the change will eliminate “administratively burdensome distinctions…”

Periodically, a taxpayer will contest a ruling and win in court. When that happens, the Department provides a rule change that brings its practices in harmony with current law. That is not what is happening here. The Department is not losing cases in defense of the law. It simply finds the effort administratively burdensome.

How burdensome? The Department has identified 1,500 hours costing $85,000 that is required to enforce the Code of Iowa. That represents 0.24% of the revenue the Department claims to collect from this tax, and probably a lower percentage than that, for reasons discussed below. Interestingly, the Department’s budget is $17.8 million. They collect $8.4 billion in taxes. Their entire budget is 0.21% of each dollar collected. The Department should be commended for the efficiency with which it collects these complicated sales taxes owed by businesses to the State of Iowa.

A little historical context is in order. Generally speaking, manufacturers do not pay sales tax on machinery and equipment, supplies, and replacement parts that are part of the “value-added” process. Machinery and equipment was removed from the property tax roles in the late 1990s, a tax benefit of over $200 million, primarily to manufacturers. Most of this equipment is already exempt from sales tax. This latest administrative action continues the drip drip drip of the erosion of the tax base.

Normally, when the Governor wants to provide a tax cut to businesses or individuals, he makes a recommendation to the Legislature. The Senate and the House work out the details, and send a bill to the Governor to sign. That’s how it worked when they cut property taxes for commercial property owners by $200 million two years ago. That’s how it worked when they cut $200 million in property taxes for business in the late 1990s. That’s how it worked when they cut the sales tax on bailing twine, computers purchased by insurance companies with more than 50 employees, supplies purchased by greenhouses, or my personal favorite, the tax on sales of “tangible personal property sold to a nonprofit organization which was organized for the purpose of lending the tangible personal property to the general public for use by them for nonprofit purpose.”

The issues related to the tax itself are complicated. And the roles of the three branches of government in the execution of the sales tax are complicated as well. This combination makes it difficult to engage in a widespread public policy debate with anything beyond the soundbites. Soundbites, which in this case, are true. Namely, the Governor’s actions demonstrate that the State has enough money to give business a $365 million tax cut over the next ten years, but doesn’t have $55.6 million for schools, one time.

For those requiring a little more Inside Baseball, three factors need to be explored. First, do we really know how much this exemption will cost? Second, an explanation of why this rule is beyond the scope of the Department’s administrative authority. Third, a discussion of the process by which this rule will be implemented or overturned.

State Representative Jack Drake passed away this weekend at the age of 81. He had been the longest-serving Iowa House Republican, representing parts of southwest Iowa since his first election in 1992. His current district (House district 21) covers all of Union and Adams Counties and parts of Cass and Pottawattamie Counties. Since the Republicans regained the Iowa House majority in the 2010 elections, Drake had chaired the Agriculture and Natural Resources Appropriations Subcommittee. Iowa House Speaker-Select Linda Upmeyer said in a statement today, “Iowa lost a dedicated public servant with the passing of Rep. Jack Drake. […] During his time in the Iowa House, Jack was a leader and trusted resource on agricultural issues which are so important to the State of Iowa. As the most senior member of the House Republican Caucus, his expertise and guidance will be sorely missed.”

I have never met Drake, but by all accounts he was a wonderful person to work with. The word “kind” came up again and again today in my conversations with people who interacted with him, either as fellow lawmakers or as advocates.

Former State Representative Frank Wood, who was the ranking Democrat on Drake’s appropriations subcommittee in 2013 and 2014, told me he was “shocked” by the news and said Drake would be “sorely missed.” Wood “thought very highly of him when I worked with him. He always kept me in the know of what was going on and what his limitations were” in terms of the budget targets. Democrats often requested additional funding for various programs, and according to Wood, Drake “understood and flat-out told me, if I had more money, I would definitely put it in those areas.” During the 2014 legislative session, when environmental advocates and a bipartisan group of lawmakers fought for extra funds for the Resource Enhancement and Protection (REAP) program, Drake was generally supportive. (The legislature approved record funding for REAP that year, but Governor Terry Branstad vetoed part of the money.) Wood also described Drake as “a gentle giant” and “a very non-partisan individual.” He toted the Republican line, but was “very pleasant to work with. I don’t think he had a mean bone in his body.”

State Representative Scott Ourth, the ranking Democrat on the Agriculture and Natural Resources Appropriations Subcommittee during this year’s legislative session, told me, “What a sad day it is. Jack and I struck up a fast friendship right from the get go. He was very fair, an honest guy to work with, willing to compromise where his leadership would allow him to.” He “never stood in the way” of Ourth advocating for REAP funding or other Democratic priorities. Echoing Wood’s sentiments, Ourth described Drake as “a loving, kind, and generous man” and an elected official out of “the old school” with “no partisan divisiveness.” He was willing to work “with anyone and everyone” at the statehouse. Ourth summed up that he had “nothing but good things to say about that man” and would “miss him terribly.”  

Ourth also mentioned that since June, he has been working long hours in Drake’s district for a subcontractor on a large MidAmerican Energy wind farm project. (64 wind turbines are going up between Corning and Lennox in Adams County.) During these months, Ourth has talked with many of Drake’s constituents, who invariably said “what a great guy they thought he was” and how well he represented their district.

State Representative Chuck Isenhart, who also served on Drake’s subcommittee and is the ranking Democrat on the House Environmental Protection Committee, told me today, “Jack Drake was a kind and soft-spoken man.” He added that Drake “offered crucial, public bipartisan leadership to the establishment of Iowa’s local farms and food initiative in 2010, and has been a reliable supporter of the program ever since.”

With Drake’s passing, the most senior members of the Iowa House Republican caucus are Health and Human Services Appropriations Subcommittee Chair Dave Heaton and Transportation, Infrastructure and Capitals Appropriations Subcommittee Chair Dan Huseman, both of whom were first elected in 1994.

During this year’s legislative session, Iowa House Republicans refused for months to budge from their initial position on education funding, forcing public school districts to approve budgets for the coming year without knowing how much state aid to expect. Then House Speaker Kraig Paulsen and Democratic Iowa Senate Majority Leader Mike Gronstal finally rolled out a deal on education spending and other state budget issues more than a month past the Iowa legislature’s scheduled adjournment date.

Incoming House Speaker Linda Upmeyer plans to handle things differently, Cristinia Crippes reported for the Waterloo-Cedar Falls Courier, after hearing Upmeyer’s remarks to a group of Republican women in Cedar Falls.  

(Author note: Thanks to DesMoines Dem for permitting this cross-post originally published on Medium.) 

At its annual policy conference in August, the Iowa Corn Growers Association joined the Iowa Soybean Association in supporting Iowa’s Water and Land Legacy (IWLL), a sales tax increase that would provide in excess of $150 million annually to environmental protection and natural resources in Iowa.

Official support for IWLL from both the corn and soybean organizations is significant because a bill in this year’s legislative session to enact the tax increase, SSB1272 (succeeded by SF504), drew opposition from the Iowa Farm Bureau Federation, the state’s agribusiness lobbying powerhouse.

While it received very little attention in the media, this action by the Corn Growers — just maybe — is a sign that something is changing in a good way for clean water in Iowa.

Even if not, at least the Corn Growers’ decision presents a good opportunity to look at what’s going on as Iowa struggles for better conservation performance of its globally significant soil and water resources.

Charles Holz won a special nominating convention last night in Iowa House district 5, where former House Appropriations Committee Chair Chuck Soderberg resigned his seat last month. Two Republicans sought the nomination for the November 3 special election. Holz is retired after a long career as a large animal veterinarian in Le Mars; he has also published work in his field. Citing a press release from the Plymouth County GOP, the Sioux City Journal reported earlier this month that Holz “served on the Le Mars school board for 18 years, including two years as board president.” UPDATE: Added below a Republican Party of Iowa statement containing more biographical information.

According to The Iowa Statesman blog, Holz “defeated rural Woodbury County small business owner and homeschool parent Brad Hopp on the first ballot” at the nominating convention.

To my knowledge, no Democrat has announced plans to run for House district 5, which covers all of Plymouth County and some rural areas of Woodbury County. Click here to view a district map. Ideally, Democrats would compete for every state legislative district, but House district 5 is one of the safest for Republicans. Mitt Romney carried 65.9 percent of the presidential vote here in 2012, and Joni Ernst won 71.2 percent of the 2014 votes for U.S. Senate. The district contains 3,819 active registered Democrats, 9,015 Republicans, and 6,697 no-party voters, according to the latest figures from the Iowa Secretary of State’s Office.

Five-term State Representative Pat Grassley is set to replace Soderberg as chair of the Iowa House Appropriations Committee for the 2016 legislative session. Although that’s a plum committee assignment, working out a deal with Iowa Senate Democrats on the state budget will likely be more difficult than usual next year, because of the fallout from Governor Terry Branstad’s latest line-item vetoes. The key Republicans involved in this year’s budget deal-making quit their jobs this summer.

BACKGROUND FOR THE BLEEDING HEARTLAND READER

Malcolm Price Laboratory School was a small K-12 school attached to and operated by the University of Northern Iowa.  MPLS was primarily used by the teacher education program to train teachers.  It was a critical part of UNI, “the teacher’s college”.  Year after year, however, with mounting budget pressures at UNI, talk would take place about closing MPLS.  Tired of this annual worry, supporters of MPLS through the help of their local legislatures, pushed for and obtained legislation creating the Iowa Research & Development School at MPLS.  This group thought the days of threats of closure were over since their existence was now statutory.  In 2012 they found out they were wrong.

In light of the recent events at the University of Iowa regarding the president selection process, I think it appropriate to share a narrative I drafted back in 2012 when UNI closed MPLS and other programs.  It was the fruit of an open records request for email.  The intended audience was the parents and supporters of MPLS.  

Todd Dorman has big news in today’s Cedar Rapids Gazette: Linn County Supervisor Brent Oleson changed his party registration to Democratic last week.

As a Democrat, I welcome any fair-minded person to our party. But as the daughter of a Rockefeller Republican, I’m saddened by yet another sign GOP moderates are a vanishing breed.