The Iowa Supreme Court ruled unanimously on Friday that a District Court should hear a lawsuit eight Muscatine residents have filed against the Grain Processing Corporation. Muscatine locals have long had to breathe some of Iowa’s dirtiest air, and the Grain Processing Corporation has long been one of the area’s major polluters. Despite being forced to pay a $538,000 civil penalty for air pollution violations eight years ago, the corporation continued to emit excessive amounts, leading to a lawsuit by Iowa Attorney General Tom Miller in 2011. Earlier this year, the company settled that lawsuit, agreeing to pay a $1.5 million civil penalty and to take several steps to reduce toxic emissions from the facility.

But the Grain Processing Corporation stood and fought when local residents filed a class-action lawsuit two years ago, citing health risks as well as damage to personal property related to the air pollution near the plant.

In 2013, a District Court judge granted the defendant’s motion to dismiss the case, prompting plaintiffs to appeal. The Iowa Supreme Court found that the Grain Processing Corporation “was not entitled to summary judgment” and sent the case back to District Court, which will consider the lawsuit on its merits. You can read the full text of Justice Brent Appel’s ruling here (pdf). (It’s more than 60 pages long and gets into some technical legal issues.) All the other Iowa Superme Court justices concurred, except for Justice Edward Mansfield, who recused himself because some of his former law partners were representing the corporation.

After the jump I’ve posted more background on the lawsuit and excerpts from Jason Liegois’ report for the Muscatine Journal on the Iowa Supreme Court ruling. The plaintiffs are not guaranteed to succeed in District Court, but at least they can present their case. In addition to fighting the lawsuit at the lower court level in Iowa, the Grain Processing Corporation could appeal to the U.S. Supreme Court, arguing that the federal Clean Air Act preempts claims like the ones the Muscatine residents are making.

The Iowa Racing and Gaming Commission voted 3-2 today to grant a casino license for a $40 million project near Jefferson (Greene County) in western Iowa, between Boone and Carroll counties. Residents had overwhelmingly approved a gambling referendum last year, but the outcome was in doubt because the commission recently voted down a casino proposal for Cedar Rapids. According to Dar Danielson’s report for Radio Iowa, the commissioners who opposed the license cited evidence a new casino would largely take business from existing Iowa casinos, and that the Greene County community didn’t need a gambling facility as much as other amenities. The commissioners who favored the license cited the potential economic impact for a rural area.

The Prairie Meadows Racetrack and Casino in Polk County had lobbied the commission to reject Greene County’s application, citing potential impact on its business. Jefferson is a little more than an hour’s drive northwest of the Des Moines metro area. But in casting the decisive yes vote, Racing and Gaming Commission Chair Jeff Lamberti noted,

We have lots of advantages in Polk County and I think we have lots of advantages that are going to come in the future,” Lamberti explained. “We’ve got significant population growth amongst all of our suburbs. We’ve got some good things that are in the work that are pretty historic by Iowa standards. And quite frankly, we have advantages that a lot of other parts of the state don’t have, and quite frankly I think we are going to be just fine.”

Cedar Rapids Mayor Ron Corbett, who has vowed to keep working toward a casino for his city, sounds furious about today’s decision. I’ve posted some of his comments below.  

In a 5-2 split decision, the Iowa Supreme Court ruled on Friday that a District Court judge should determine whether Iowa Workers’ Compensation Commissioner Chris Godfrey can sue Governor Terry Branstad and five other administration officials individually for defamation, extortion and other claims. Follow me after the jump for background, links and details about the opinion.  

Yesterday the U.S. Environmental Protection Agency rolled out a proposed rule to reduce carbon emissions from power plants. The full text of the rule and several short fact sheets are available on the EPA’s website. Click here to read EPA Administrator Gina McCarthy’s speech about the new policy. This fact sheet makes the short and sweet case for targeting power plants, “the largest source of carbon pollution in the U.S.” The new policy goal is to “cut carbon pollution from the power sector by 30 percent from 2005 levels” by the year 2030. Other associated benefits: cutting levels of soot and smog in the air by over 25 percent in 2030, and saving money and lives through reducing air pollution. In fact, the EPA estimates $7 in health benefits for every dollar spent to implement the new policy.

While some in the environmental community were hoping for more aggressive carbon reduction targets, the new rule would be a big step in the right direction. For too long, elected officials in Iowa and nationally have ignored evidence that we need to address climate change. Furthermore, coal’s “assault on human health” is immense and under-appreciated.

Iowa political reaction to yesterday’s news was mostly disappointing but not surprising. I’ve enclosed noteworthy comments at the end of this post. But first, let’s examine three reasons Iowans should embrace the EPA’s new rule.  

It’s one of the oldest tricks in any governor’s playbook: schedule media events for bill signing ceremonies you want the public to hear about, while burying bad news late on a Friday, after reporters have filed their stories. I was worried Governor Terry Branstad would make big cuts to environmental funding just before Memorial Day weekend, as he had cut food bank money two years ago.

Instead, Branstad’s office released the news about this year’s spending vetoes after dinnertime on Friday, May 30. Hours earlier, the governor had welcomed reporters, lawmakers, and members of the public to watch him sign a bill legalizing the possession of cannabis oil to treat seizure disorders, as well as a bill altering Iowa’s HIV transmission law.

Follow me after the jump for the gory details. I no longer consider 2014 a good year for Iowa environmental funding.

Comments to the Iowa Department of Natural Resources are still needed in support of a 2012 rule that requires developers and home builders to leave four inches of topsoil on the ground after construction. Bleeding Heartland discussed this issue last week, and Todd Dorman wrote a more detailed background piece for the Cedar Rapids Gazette earlier this month. I’ve posted excerpts from that article below.

Iowa has lost too much of its world-class topsoil already. Not only does this non-renewable resource help plants grow, it reduces stormwater runoff that can cause flooding and water pollution. As Dorman points out, homeowners would also benefit from having more topsoil on their lots, so they could grow grass or other plants without having to inundate hard clay subsoil with chemicals. Representatives of business groups that oppose the DNR rule have estimated its cost at between $1,200 per residential to $2,500 or even $5,000. I haven’t seen any estimate of the hidden costs of more flooding and excess nutrients in waterways. Although farms contribute more to Iowa topsoil runoff than new residential construction does, we all have to do our part.

A public hearing on the soil conservation rule is happening this Thursday, May 29, in Des Moines; click through for details on how to participate in person or by phone. Public comments can be sent via e-mail to Adam.Schnieders AT dnr.iowa.gov, ideally before Thursday’s meeting.  

In August 2012, Governor Terry Branstad issued an executive order creating a mechanism for “stakeholder groups” to block potentially “burdensome” administrative rules proposed by state agencies. Those groups include representatives of businesses that would be affected by any new regulation. One of those stakeholder groups is meeting next week to discuss the fate of a rule the Iowa Department of Natural Resources has advanced in order to reduce soil runoff and storm water discharge associated with construction activities.

You can view the rule here (pdf). The main point is to require developers and home builders to leave four inches of topsoil on the ground after construction, so that yards will be able to absorb more of the expected rainfall. Some business interests oppose the rule because it will add costs to construction. But they are not considering the hidden costs of runoff (increased water pollution and a loss of irreplaceable topsoil). State government needs to act in the public interest and not only consider the bottom line of a few companies.

An action alert I’ve posted after the jump provides more background and details. Lucy Hershberger, an Iowa City-based landscaper who serves on the stakeholder group, wrote it and gave me permission to publish here. The Iowa DNR is accepting public comments on this issue via e-mail: Adam.Schnieders AT dnr.iowa.gov. It would be better to submit those comments before the public hearing scheduled for May 29. People can also attend that hearing, either in person or by telephone (instructions for calling in are below).  

During the 2014 legislative session, the Iowa Senate confirmed all but a handful of Governor Terry Branstad’s more than 200 nominees for state boards and commissions. It’s not unusual for senators to vote down one or two appointees, but this year the Senate confirmed everyone who came up for a vote on the floor.

The only close call was former Iowa House Republican Nick Wagner, confirmed to the Iowa Utilities Board last month with just one vote to spare. Branstad originally named Wagner to the three-member utilities board in 2013 but pulled his nomination when it became clear that senators would not confirm him. Branstad named Wagner to that board anyway, right after the Senate adjourned for the year in 2013. By the time his nomination came up for consideration this year, a couple of factors that worked against him were no longer relevant. Former State Senator Swati Dandekar had resigned from the board to run for Congress, so there would no longer be two of three members from Marion (a Cedar Rapids suburb). Furthermore, Branstad named attorney Sheila Tipton to replace Dandekar, so senators could no longer object to the lack of a lawyer on the Iowa Utilities Board.

Still, most of the Democratic caucus opposed Wagner’s nomination. State Senator Rob Hogg cited the nominee’s support for a bad nuclear power bill that the legislature considered a few years back. Meanwhile, State Senator Matt McCoy (who incidentally wanted to pass the nuclear bill) noted that as a key Iowa House Republican on budget matters, Wagner “was not willing to listen” and “took very difficult and very hard-line positions.” After the jump I’ve posted the roll call on the Wagner nomination; 11 Democrats joined all 24 Republicans to confirm him.

As in recent years, the governor withdrew a handful of nominees who were not likely to gain at least 34 votes (a two-thirds majority) in the upper chamber. A few nominees for low-profile boards had to go because of party imbalance issues. Chet Hollingshead, one of seven Branstad appointees to the Mental Health and Disability Services Commission, never came up for a vote, presumably because of a theft incident Bleeding Heartland user Iowa_native described here.

I am not sure why Senate Majority Leader Mike Gronstal informed Branstad that Jason Carlstrom was unlikely to be confirmed as chair of the Iowa Board of Parole. The governor first appointed Carlstrom to that position in the summer of 2012, to fill out the remainder of someone else’s term. The Iowa Senate unanimously confirmed him during the 2013 legislative session. When Branstad reappointed Carlstrom to the parole board this year, I didn’t expect him to run into any trouble. I will update this post if I learn more details.

The highest-profile nominee withdrawn by Branstad was former Iowa House Republican Jamie Van Fossen, whom the governor wanted to chair the Public Employment Relations Board. Cityview’s Civic Skinny described the backstory well; I’ve posted excerpts after the jump. Van Fossen still serves on that board, having been confirmed to a full term in 2012. But the new chair will be Mike Cormack, a Republican who served four terms in the Iowa House and later worked for the State Department of Education. Senators unanimously confirmed Cormack last month. The outgoing Public Employment Relations Board chair, Jim Riordan, has alleged that the board faced political pressure from Branstad staffers to hire an employer-friendly administrative law judge.

Be careful what you brag about in politics. Iowa Secretary of State Matt Schultz highlighted alleged cost savings to the state in his Congressional campaign’s first television commercial. As journalists looked more closely at staff reorganization in the Secretary of State’s Office, they discovered details that will likely derail Schultz’s aspirations in IA-03.

Ryan Foley of the Associated Press was the first to report that Schultz kept his political appointee Jim Gibbons on the payroll for seven months after deciding to eliminate Gibbons’ position. It’s not clear what work, if any, Gibbons was doing during his final months as a state employee.

Yesterday Foley reported for the Associated Press and Jason Clayworth reported for the Des Moines Register on more political appointees whom Schultz allowed to work from home after requesting their resignations in 2011 and 2012. I’ve posted excerpts from both stories after the jump, but you should click through to read them in full. In a statement to the Des Moines Register, Schultz defended his actions:

“What the liberals in the media are ignoring as they level their attacks against me, is that the Department of Administrative Services, the state’s personnel experts, advised my office that instead of severance an agency could keep an employee on payroll longer than they are required to come to the office, so long as the employee was available for phone calls and questions from home. […] If the media had real integrity they would be thanking me for protecting Iowa’s election integrity and finding ways to save Iowa taxpayers more than $200,000.”

I doubt that excuse will fly in a GOP primary where voters have several other credible candidates to choose from. Schultz has some powerful backers and donors, but so do a few rivals with less baggage. Even if Schultz surprises me by winning the Republican nomination in IA-03, the latest revelations provide plenty of ammunition for Staci Appel in the general election–not that we needed more proof that Schultz has been ineffective in his current position. He pursued the wrong priorities and spent federal funds on his own crusade rather than how they were intended to be used.  

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

The Iowa legislature got out of town on May 2, 110 calendar days after the 2014 session began. That’s ten days after lawmakers’ per diem payments ran out but earlier than in any year since 2010, when Democrats held majorities in both chambers. After the jump I’ve posted closing remarks delivered by the top Iowa Senate Democrats (Majority Leader Mike Gronstal and President Pam Jochum) and the top Iowa House Republicans (Speaker Kraig Paulsen and Majority Leader Linda Upmeyer). A series of posts next week will focus on some of the more significant legislative results from the session, as well as important bills that never did pass.

I’ve also enclosed Gronstal’s prepared remarks on the final Iowa Senate vote of the session: granting subpeona power to the Government Oversight Committee to continue investigating various scandals in Governor Terry Branstad’s administration. Gronstal emphasized that the resolution is “narrowly drafted” and “not a criminal investigation. The goal is not to convict people. The only goal is to find out what went wrong [in state government] and how to fix it.” The resolution passed by voice vote just before the Senate adjourned on Friday morning. Iowa Senate Minority Leader Bill Dix blasted what he called a “dangerous” and “underhanded partisan move.” He claimed the “disruption of separation of powers” will invite “a state constitutional crisis,” and that the Oversight Committee’s investigation is politically motivated.

Finally, in non-legislative news, Patrick Caldwell reported for Mother Jones this week on a remarkably shady deal involving Danny Carroll in 1996. At the time, Carroll was a real estate agent in the Grinnell area and an Iowa House Republican. He currently chairs the Republican Party of Iowa–though probably not for much longer. After reading Caldwell’s piece, I want to know why anyone supposedly committed to Christian values would participate in a scheme to take advantage of an elderly widow with debts.  

Matt Schultz is touting his management of the Iowa Secretary of State’s office in a television commercial promoting his campaign in Iowa’s third Congressional district.

But new reports by Ryan Foley of the Associated Press indicate that when reorganizing the Secretary of State’s office, Schultz showed preference to a political appointee and allowed him to keep collecting a large salary despite doing little if any work for the government.

I’ve been meaning to catch up on the various Branstad administration scandals involving alleged politically-motivated firings, cronyism affecting state contracting and hiring for certain public positions, “hush money” paid in exchange for non-disclosure agreements with fired state employees, blacklists that prevent former employees from gaining other state jobs, interference in what should be non-political work, and possible misuse of federal funds by the Department of Administrative Services in order to make some of the unauthorized secret settlement payments. Governor Terry Branstad realized nearly two weeks ago that his quickie internal review and executive order on secret settlements were not sufficient. He fired Department of Administrative Services Director Mike Carroll after Carroll gave inaccurate testimony at a legislative hearing. But almost every day, the Des Moines Register or some other media outlet has a new angle on alleged wrongdoing.

Last week’s Loras College survey of Iowa Republicans indicated that Branstad has nothing to worry about from his GOP primary challenger, Tom Hoefling. But a Public Policy Polling survey released today shows Branstad’s approval as low as I can remember seeing it during his current term, and the incumbent barely ahead of Democratic challenger Jack Hatch.

Full results from the survey are here (pdf). Highlights are after the jump.  

The State Racing and Gaming Commission voted 4-1 this morning against allowing a new casino to be built in downtown Cedar Rapids. Last year Linn County voters approved a casino referendum by a 20-point margin. Even some opponents of the project believed its construction was inevitable, given the political connections of the group hoping to build in Cedar Rapids. However, today’s vote is in line with the precedent of approving gambling licenses only where new casinos would not “cannibalize” from existing ones in Iowa. Four years ago, the Racing and Gaming Commission rejected applications for casino projects in Fort Dodge, Ottumwa and Tama County, despite public approval of all three plans. Multiple studies indicated that the Cedar Rapids casino would draw much of its business from Iowans who now visit casinos in Riverside or Waterloo.

I will update this post as needed with political reaction to today’s vote. Although many Bleeding Heartland readers will be disappointed, I agree with economists who have argued that the “interior casinos” not near Iowa borders do not promote economic development. Meanwhile, new casinos incur significant social costs.

Already I’ve seen several Cedar Rapids residents asking whether the CEO of the Riverside casino will build the waterpark he promised last year, if Linn County voters rejected the casino project. Don’t hold your breath.

UPDATE: In his report for the Cedar Rapids Gazette, Rick Smith noted that Cedar Rapids Mayor Ron Corbett “served in the legislature with three of the five members of the Iowa Racing and Gaming Commission.” Former Iowa House Republican and Iowa Senate Republican Jeff Lamberti both voted no this morning. Dolores Mertz, who used to be the most conservative Iowa House Democrat, was the only commissioner to vote yes.

SECOND UPDATE: Further thoughts and more reaction are after the jump.

I'm gonna go on a rant…about an attempted RAPE.

Yes, I mean every word and hyperbole I'm uttering on this post. REAP (Resource Enhancement & Protection) is being RAPED! For Agriculture…by agri-business…to correct it's mistakes in a supposedly free and private market of farming. How is this rape of taxpayer funds and DNR license plate fees occurring and for what specifically? Read on My friends. 

The Iowa House of Representatives wants to put REAP dollars toward… agri-terrace projects, forestry management (subject to logging), and water nutrient pollution clean-up programs because farmland soil is laden with fertilizer chemicals. These are all worthy issues to be addressed on their own I say, and should indeed be addressed and monies put toward mitigation efforts. The Iowa Dept. Of Ag has jurisdiction on all these problems, and they should since their policies and practices created them in the first place.

This isn't an indictment of farmers, because most are great conservationists of their own free will as it's good business and good citizenship. I commend those Iowa farmers, especially my Linn County ones, who work hard to be responsible neighbors, citizens and conservationists…voluntarily I might add! But I don't give a pass to bad apples, policy-makers, or special interest Ag industry lobbyists.

The applicant pool for Iowa’s judicial vacancies has been declining in recent years, Mike Wiser reported for the Waterloo-Cedar Falls Courier on March 30. Iowa courts administrator David Boyd has been analyzing trends across the state and concluded that during the past decade, “The applicant pools [for District Court judgeships] were shrinking not only in terms of quantity but in quality, too.”

Applications for court vacancies are down by about half of what they were 10 years ago in four of the eight judicial districts, and down by a third in another two, according to Boyd’s figures.

Wiser’s article identifies three main reasons for the trend. First, District Court judges earn an annual salary of $138,130, which is well above the state average but below what high-performing attorneys can earn in private practice. Iowa Supreme Court Chief Justice Mark Cady asked state legislators to increase judges’ pay by 4.5 percent, but State Representative Gary Worthan, who chairs the Iowa House Appropriations subcommittee on the judicial system told Wiser, “we’ve got other priorities this year.”

Second, years of state budget cuts to court support staff have also made the work of a judge less appealing, according to several people Wiser interviewed.

Finally, University of Iowa School of Law professor Patrick Bauer and others cited the successful 2010 campaign against retaining three Iowa Supreme Court justices. That crusade was the first and perhaps the last time a politically unpopular ruling ended judges’ careers in Iowa. Nevertheless, it has deterred some attorneys from aspiring to become judges. Bob Vander Plaats and his fellow social conservatives failed to end marriage equality in Iowa, but they have left their mark on the judicial system.

The former Chief Administrative Law Judge for Iowa Workforce Development filed suit yesterday in Polk County District Court against the State of Iowa and Iowa Workforce Development Director Teresa Wahlert. You can read the full text of Joseph Walsh’s lawsuit here (pdf). After the jump I’ve posted an excerpt from his case. Walsh alleges that the IWD director “interfere[d] with the administrative judicial process in order to favor employers,” attempted “to illegally strip [Walsh] of his merit protection,” and eventually retaliated by removing him in “a political reorganization disguised as a budget layoff.”

I’ve also enclosed below a statement Wahlert released yesterday, denouncing the “frivolous lawsuit.” Wahlert contends that while serving as chief administrative law judge, Walsh failed in basic management responsibilities.

Last month, Democratic State Senator Bill Dotzler asked the U.S. Department of Labor to investigate claims that Wahlert interfered with the work of Iowa’s administrative law judges, hoping to secure more favorable outcomes for employers in unemployment cases. Governor Terry Branstad rejected Dotzler’s allegations against Wahlert without conducting any internal review of the matter.

At a press conference in Des Moines on April 3, Walsh asserted that “in many ways this administration is tearing the Department of Workforce Development down.” Wahlert’s agency was at the center of political controversy in 2011, when the Branstad administration moved to replace dozens of Iowa Workforce Development field offices around the state with hundreds of computer terminal access points. That reorganization led to a lawsuit and eventually an Iowa Supreme Court ruling that the governor had overstepped his authority by striking legislative language about the IWD offices without vetoing the money allocated to fund those offices.  

The career Division of Criminal Investigation agent who lost his job shortly after reporting a speeding incident involving Governor Terry Branstad’s SUV is willing to drop his lawsuit against the state if he can get his old job back, James Q. Lynch reported yesterday for the Cedar Rapids Gazette.

“He is interested in returning and it’s our understanding the position is still available,” said Tom Duff, a Des Moines attorney representing former DCI special agent Larry Hedlund.

Hedlund was a central figure in a high-profile incident last April where a state trooper driving an SUV carrying Branstad and Lt. Gov. Kim Reynolds was clocked driving 84 mph in a 65-mph zone. […]

Although officially retired now, Hedlund is interested in returning to work, Duff said. Since the incident, the director of the Department of Public Safety has left state employment and two others involved in the handling of the Hedlund case have moved to other jobs.

The former Department of Public Safety chief was Brian London, who stepped down last September. His tenure at the agency was a real train wreck. The Iowa Senate recently confirmed Larry Noble to run the department again; he was Branstad’s first choice for that job.

By many accounts, Hedlund was a solid employee during his long career at the DCI. If he is willing to work there again, rehiring him seems like an easy call. I can’t imagine why the state would prefer to roll the dice on expensive litigation. Court hearings would only generate more coverage of Hedlund being forced out. Hedlund’s attorney told Lynch that he has not heard back yet from the Iowa Attorney General’s Office.  

Governor Terry Branstad responded today to two political scandals that broke while he was on vacation last week. The big news was the governor signing an executive order “to increase accountability, openness and transparency of employee settlements.”

Branstad’s behavior reflects an odd understanding of those words. He is not holding anyone accountable for forcing out permanent employees and attempting to keep settlement deals a secret. His administration’s alleged “thorough review” of the deals took place behind closed doors over the span of a few days. Branstad rejected any outside investigation of the matter and dismissed accusations against Iowa Workforce Development Director Teresa Wahlert without even basic fact-finding.  

A few days before he will formally step down as the Republican Party of Iowa’s leader, A.J. Spiker advocated legalizing medical marijuana in a guest editorial for the Sunday Des Moines Register. Excerpts from Spiker’s column are after the jump. Framing the case for medical cannabis in terms of personal freedom, Spiker rebuked Republicans who have been unwilling to acknowledge strong arguments for allowing doctors to prescribe the drug. While he didn’t name names, his points came across as a rebuttal to Governor Terry Branstad, who would rather drag his feet on this issue.

Spiker and Branstad have clashed repeatedly, and it’s an open secret that the governor hasn’t been happy with the Iowa GOP’s priorities or fundraising since Spiker took over from Matt Strawn in early 2012. It’s shrewd for Spiker to stake a claim for medical marijuana, a position that is increasingly popular, especially with younger voters. Now his last impression as state party chair will be as a forward-thinking leader, rather than the guy who sometimes seemed to care more about Ron Paul’s Liberty movement than about electing Republicans.  

Speaking of medical marijuana, the issue was the focus of last Friday’s edition of Iowa Public Television’s “Iowa Press” program. Steve Lukan, director of the governor’s Office of Drug Control Policy, appeared along with West Des Moines Mayor Steve Gaer and State Senator Joe Bolkcom, leading advocates for legalizing medical cannabis using the New Mexico model. The video and transcript are available here. I was disappointed to see Lukan basically repeat the same talking points throughout the program, without acknowledging that many legal drugs can also be abused and may have devastating side effects for patients. Branstad didn’t search for anyone with expertise in drug policy before offering the state’s top job in this area to Lukan.

Transportation policy doesn’t often generate passionate public debate, but everyone seems to have a strong opinion about traffic cameras. Last week the non-profit news service Iowa Watch published an excellent piece on how traffic cameras are used in Iowa and the conflicting evidence about whether they improve public safety. Kelsey Block’s article inspired me to compile arguments for and against this law enforcement tool.

While Governor Terry Branstad vacations in Arizona this week, his administration is facing new allegations of misconduct. As first reported in the Sunday Des Moines Register, at least six former state employees were offered secret settlement deals after claiming they were forced out of their jobs for political reasons. Today, Democratic State Senator Bill Dotzler announced that he is seeking a federal investigation into the actions of Iowa Workforce Development Director Teresa Wahlert, whom Dotzler accused of interfering with the work of administrative law judges.

After the jump I’ve posted several links about both scandals as well as some political reaction. Any relevant comments are welcome in this thread.

The Iowa legislature’s second “funnel” deadline passed late last week. To remain eligible for debate during the remainder of this year’s session, most legislation needed to have passed one chamber as well as a committee in the other chamber. There are a few exceptions to the rule, namely appropriations bills and some tax measures. Rod Boshart listed the most significant “dead” and “alive” bills for the Cedar Rapids Gazette. The Iowa House Republican staff compiled a more comprehensive list of “second funnel survivors,” including bill summaries. The Iowa Senate Democratic staff highlighted the most important bills passed by the Senate that died in the House.

After the jump I’ve enclosed more links and some analysis on bills that died as well as those still under consideration. From my perspective, the most surprising casualty of the funnel was a bill to extend the statute of limitations for sex crimes against children (see the “safety and crime” section below).

Any comments on pending legislation in the Iowa House or Senate are welcome in this thread.  

Iowa’s Resource Enhancement and Protection program (REAP) celebrates its 25th anniversary this year. Among the most successful conservation initiatives in Iowa history, REAP has cumulatively distributed about $300 million to thousands of projects across the state. It is mostly funded through gaming revenues that go into the state’s Environment First Fund. In theory, REAP “is authorized to receive $20 million per year until 2021,” but the state legislature has never fully funded REAP to the authorized level. This year’s budget included $16 million for REAP, and Governor Terry Branstad kept that item at the same level in his draft budget for fiscal year 2015.

Today about three dozen non-profit organizations gathered at the State Capitol for the annual Environmental Lobby Day organized by the Iowa Environmental Council. I attended the event because I’m active in the IEC and in several of its member organizations. At a press conference organized by the IEC, four speakers emphasized the need to increase conservation funding: Republican State Senator David Johnson, Democratic State Senator Bob Dvorsky, Iowa Natural Resource Commission Chair Margo Underwood, and Rod Marlatt, executive director of the Fayette County Conservation Board. Dvorsky particularly emphasized his goal to secure $25 million in funding for REAP in the coming fiscal year, in honor of the program’s 25th anniversary.

Because REAP-supported projects are often popular locally, the program has mostly escaped the partisan divisions that have led to the demise of some state initiatives. Today the Iowa House approved a resolution celebrating the 25th anniversary of REAP. Remarkably, 96 of the 100 state representatives co-sponsored this resolution, which House Democrat Chuck Isenhart proposed. Now that they’re on record agreeing, “Iowans strongly believe that the Resource Enhancement and Protection Program is a successful venture worthy of the continued support of the General Assembly,” let’s hope they will put a lot of money where their mouths are. The $25 million in REAP funding has an excellent chance of clearing the Iowa Senate, since Dvorsky chairs the Appropriations Committee. Will the Iowa House go along? The many state lawmakers who spoke with Environmental Lobby Day exhibitors today included House Majority Leader Linda Upmeyer and several members of the House Appropriations Committee.

After the jump I’ve posted background on the REAP program from the Iowa Department of Natural Resources website, including a map showing how much REAP funding has gone to each of Iowa’s 99 counties. I also enclosed a press release from the Iowa Environmental Council, with highlights from speakers at the conservation rally.

As Bleeding Heartland has discussed before, I’ve long felt that Governor Terry Branstad’s disregard for local government authority is one of the most under-reported Iowa political stories of the last few years. The Iowa Department of Transportation’s new rules restricting cities’ use of traffic cameras is one of many examples. Bills seeking to ban local governments from using traffic cameras for law enforcement stalled during the 2012 and 2013 legislative sessions. The Iowa DOT’s new rules went into effect last month; they do not prohibit all use of traffic cameras but require annual reviews to show the cameras are improving safety and not just serving as a revenue source for local government.

Sioux City is one of many Iowa municipalities that have installed traffic cameras on some major roads and intersections. The Iowa DOT gave Sioux City officials “until May 1 to justify the use of two speed cameras and seven of its 11 red-light cameras.” Now the city government has filed a lawsuit claiming the state department exceeded its authority.

Assistant City attorney, Justin Vondrak, filed the judicial review action in Woodbury County District Court and says the DOT regulations make it almost impossible for the city to use speed cameras along Interstate 29 within the city limits. “What we’re asking for is a review of the rules and to eventually have the rules determined to be unconstitutional based on the city’s home rule authority, as well as other Iowa code sections which grant the city joint jurisdiction with the DOT for traffic enforcement upon the primary roadways within the city’s jurisdiction,” according to Vondrak.

More details on the lawsuit are after the jump.

Whatever the District Court rules, I expect the losing side to appeal and would not be surprised to see the Iowa Supreme Court eventually decide this matter. The case raises interesting questions about local and state government powers. On a related note, I still think some municipality should have challenged Governor Branstad’s executive order on project labor agreements in court.

Governor Terry Branstad’s office released a long list of nominees to state boards and commissions yesterday. I’ve posted the full list after the jump. As he’s done during the past three years, the governor tapped several former state legislators or onetime Republican candidates for the Iowa House or Senate. The latest batch of appointees includes former GOP State Representative Lance Horbach for the State Judicial Nominating Commission, former GOP State Representative Jamie Van Fossen for the Public Employment Relations Board, and former GOP State Senator John Putney for the State Transportation Commission.

Branstad also re-appointed former GOP State Senator Jeff Lamberti to the Racing and Gaming Commission. I’m not surprised; the governor has expressed his confidence in him many times, even immediately after Lamberti’s drunk driving arrest in May 2012. A few weeks later, Lamberti pled guilty to driving while intoxicated, after which his colleagues elected him chairman of the Racing and Gaming Commission.

Several Iowa lawmakers in both parties have been caught driving after drinking too much alcohol. Lieutenant Governor Kim Reynolds was arrested for drunk driving twice while serving as a county treasurer. Arguably, Lamberti’s lapse in judgment is no impediment to leading one of the most powerful state commissions, which will soon make a high-profile decision on granting licenses to two new casino projects.

At the same time, it’s striking that Branstad, so committed to a continuing role in public life for Lamberti, so committed to seeing Reynolds succeed him as governor, is also determined to prevent tens of thousands of Iowans from ever participating in politics at the most basic level for a U.S. citizen. Since he signed an executive order making Iowa one of the most restrictive states for felon voting, only about 40 people have managed to regain their voting rights out of an estimated “25,000 offenders who finished their sentences for felonies or aggravated misdemeanors” since January 2011. Branstad’s policy affects mostly non-violent criminals. Non-white Iowans are more likely to be permanently disenfranchised, since Iowa is the worst state for racial disparities in marijuana arrests.

Branstad recently defended his policy on these terms: “At least somebody that commits an infamous crime such as a felony ought to pay the court costs and the fine associated with that crime before they expect to get their rights restored.” The governor knows perfectly well that most ex-felons are lucky to find a job that covers essentials like food and housing. Repaying thousands of dollars in court costs is not realistic for most of these people. Moreover, “infamous” crimes can include stealing a vending machine as a teenager. Denying thousands of Iowans a real chance to exercise their right to vote is a scandal, especially for a governor so forgiving of serious mistakes made by certain well-connected Republicans.

Last year voters in Linn County and Greene County approved proposals for new casinos for Cedar Rapids and Jefferson. But backers of those projects won’t welcome the new report commissioned by the Iowa Racing and Gaming Commission.

It’s been nearly ten months since former State Representative Rod Roberts confirmed that he was considering a campaign for U.S. Senate. I’ve long been a skeptic that Roberts has any niche or large constituency in a statewide Republican primary. In fact, I’d forgotten he was still thinking about the race. This week Carroll-based journalist Douglas Burns got the scoop in an interview: Roberts will not run for Senate, or Congress in the open third district, or for Iowa secretary of state in 2014. He cited family reasons and said he plans to continue his work as director of the Iowa Department of Inspections and Appeals. In late 2010, then Governor-elect Terry Branstad offered Roberts that position without considering any other candidates, even though Roberts had not applied for the job.

Burns has long been high on Roberts as a possible Senate candidate, but for once I agree with Steve Deace: “Rod didn’t offer a reason other than, ‘I’m Rod Roberts and I’m a nice guy.’ What’s your plan? […] Offer people something.” In his latest column, Burns floats the scenario of Roberts emerging as a compromise Senate nominee at a statewide convention if none of the current candidates receives 35 percent of the vote in the June primary.

Not bloody likely.

I do largely agree with Burns’ assessment of Mark Jacobs, though. Many Iowa Republicans will be skeptical of a candidate who only recently moved back to the state. Nor will they cut Jacobs slack for giving money to Democratic U.S. Senate candidate Jon Corzine in 2000, on the grounds that Corzine was CEO of Goldman Sachs, where Jacobs worked at the time.

I have a post in progress with more news on the Jacobs campaign. Meanwhile, any comments about the U.S. Senate race are welcome in this thread.

This morning Governor Terry Branstad stood by Iowa Department of Human Services Director Chuck Palmer and his handling of problems at the Iowa Juvenile Home in Toledo (Tama County). He also spoke confidently about his appeal to Iowa Supreme Court against a Polk County District Court ruling ordering that the Iowa Juvenile Home be reopened.

More background and details are after the jump.  

Polk County District Court Judge Scott Rosenberg ruled yesterday in favor of plaintiffs who are challenging the closure of the Iowa Juvenile Home by the Iowa Department of Human Services. Finding that the four state legislators and the president of a public employees union were “likely to succeed on the merits” when the court considers their lawsuit, Judge Rosenberg granted the plaintiffs’ request for a preliminary injunction. He ordered Governor Terry Branstad’s administration to “reopen the Toledo home and abide by the duly passed laws of the state of Iowa which established the Toledo Home […].”

After the jump I’ve posted an excerpt from the ruling, which you can read in full on the Des Moines Register’s website. I’ve also posted reaction from several of the plaintiffs and from Branstad.

This isn’t the first time a state court has found that the governor overreached in disregarding legislative intent on the allocation of state funds. Maybe Branstad should get better legal advice before deciding to ignore language from budget bills he signed into law.  

A new report by the Center on Budget and Policy Priorities shows that Iowa and many other states fail to incorporate enough long-term fiscal planning in the budget process. Click here to read the executive summary of the thoroughly researched piece by Elizabeth McNichol, Vincent Palacios, and Nicholas Johnson. Click here to download the full report (pdf).

After the jump I’ve posted the two-page fact sheet on Iowa, which scored only 4.5 out of a possible 10 and ranked 37th among the states. I’ve also enclosed a sidebar explaining the ten criteria they used to evaluate state fiscal planning. Table 1 toward the bottom of this page shows that Iowa received full marks under three categories: consensus revenue estimates, legislative fiscal offices, and budget status reports. Iowa received half-credit in three more categories: multi-year fiscal notes, pension oversight, and well-designed rainy-day funds. Iowa received zero marks in four categories: multi-year forecasting, a projection of future costs to deliver the “quantity and quality of services to residents that it is delivering in the current budget period,” pension funding and debt level reviews, and oversight of tax expenditures.

For years, the Iowa Policy Project and the Iowa Fiscal Partnership have been sounding the alarm on how Iowa needs to start calculating the costs of various tax breaks and tax credits.

While you’re at it, read the Iowa Fiscal Partnership’s recent background piece on why “Iowa lawmakers must recognize the long-term impact of tax cuts on spending choices. Past choices will force future legislatures to lower investments on critical services on which economic growth depends.”

Yesterday Governor Terry Branstad appointed former U.S. Representative Leonard Boswell to the Iowa Transportation Commission. Boswell will replace former Iowa Senator Tom Rielly, whom the governor named to the commission in 2013. According to the press release I’ve posted after the jump, Rielly “resigned from the commission due to a business-related conflict of interest.”

Boswell served in the Iowa Senate during much of Branstad’s previous tenure as governor. During this year’s Condition of the State address, Branstad recognized Boswell for his work co-chairing the governor’s “Home Base Iowa” initiative to attract more veterans to Iowa.

While serving in Congress, Boswell rightly called attention to the poor condition of many roads and bridges across the state and in the Des Moines metro area. From my perspective, he was too eager to support some new road construction projects that were potentially harmful and not justified by traffic flows. But without question, he is knowledgeable about Iowa’s infrastructure needs and qualified to serve on the transportation commission.

I’ll be curious to see whether Iowa Senate Republicans put up a fight against Boswell. To be confirmed, he will need support not only from the 26 Senate Democrats but also from at least eight of the upper chamber’s 24 Republicans. Last year, Republicans resisted confirming their former Democratic colleague Tom Rielly to the transportation commission, prompting Branstad to withdraw the nomination during the legislative session and appoint Rielly on an interim basis after lawmakers had adjourned for the year.  

I was skeptical about these rumors, but according to Craig Robinson of The Iowa Republican, Governor Terry Branstad’s legal counsel Brenna Findley “has been meeting people about a congressional run in the Third District.” Findley told the Des Moines Register “that she appreciates the encouragement, but she’s focused on her job” in the Branstad administration. That phrasing falls short of ruling out a Congressional bid.

Follow me after the jump for first thoughts on strengths and weaknesses Findley might bring to a GOP primary campaign. At the end of this post, I’ve enclosed background on the potential candidate from her 2010 campaign bio and the news release announcing her appointment as legal counsel.  

Immediately following Governor Terry Branstad’s Condition of the State address to Iowa legislators yesterday, Senate Majority Leader Mike Gronstal told Iowa Public Television that he “didn’t hear anything I disagreed with.” Not every Iowan who closely follows state government shared his reaction. State Senator Jack Hatch, the leading Democratic challenger to Branstad, slammed the governor’s “very shallow agenda” of “low expectations.”

After the jump I’ve posted more detailed comments from Hatch and a few other Iowa Democrats, as well as statements released by several non-profit organizations, which called attention to important problems Branstad ignored or glossed over.  

Governor Terry Branstad delivered his annual “Condition of the State” address to Iowa lawmakers this morning. By Branstad’s standards, it was not a partisan speech. He drew several standing ovations from legislators in both parties, and it’s easy to imagine the Democratic-controlled Iowa Senate embracing most of the policies he advocated. In fact, immediately after the speech, Senate Majority Leader Mike Gronstal told Iowa Public Television’s Dean Borg that he “didn’t hear anything” he disagreed with. Gronstal did get in a quick jab at the governor, though, pointing out that Branstad hailed “predictability” for the state budget, which is what statehouse Democrats are seeking for school districts. During the last two years, House Republicans and Branstad have refused to comply with Iowa law requiring the legislature to set allowable growth levels for K-12 school districts a year in advance.

Highlights from the governor’s speech are after the jump. Click here to read the full text, as prepared. Any relevant comments are welcome in this thread.

Stylistic note: for a guy who’s been in politics as long as Branstad has, he keeps his eyes glued to his script a lot. Experienced public speakers typically make more eye contact with the audience.  

Citizens for a Healthy Iowa today released a new 30 second advertisement entitled ‘Drinking Water Roulette’. The ad is the first in a series that will highlight the need for Governor Branstad and the Legislature to improve standards holding Iowa farms accountable for cleaner water. ‘Drinking Water Roulette’ will air on statewide as well as in paid targeted online placements.

Citizens for a Healthy Iowa is a local clean water/environmental advocacy organization chaired by local environmental advocate Mike Delaney. 

Governor Terry Branstad’s office announced today that the governor accepted Mariannette Miller-Meeks’ resignation as director of the Iowa Department of Public Health. I’ve posted the press release after the jump. It does not explain why Miller-Meeks stepped down after nearly three years running the state agency.

Yesterday Miller-Meeks told the Des Moines Register that her false comment about Mountain Dew being the top purchase for Iowa food stamp recipients was “not political at all.”

“What I was trying to – perhaps not deftly – argue or state was: Should we have nutritional education for SNAP [Supplemental Nutrition Assistance Program], like we do for WIC [aid for Women, Infants and Children], and some prohibition for certain items?”

I would guess that her resignation is related to plans to run for Congress in Iowa’s second district, not any gaffe about food stamps. Heck, in the Republican Party what Miller-Meeks said probably isn’t even a gaffe.  

In 2012, the Iowa legislature agreed to a three-year experiment with the the Iowa Virtual Academy, despite problems reported with for-profit, online schools run by the same corporation in other states. The Iowa Virtual Academy promises “Iowa students in grades K-6 an exceptional learning experience” with “individualized learning approaches.”

Darcy Bedortha, a former lead teacher at a virtual charter school, paints a very different picture in this must-read post at the Education Week blog. I’ve enclosed a few excerpts after the jump, but you should click through and read the whole thing. Bedortha confirmed that her former employer is the same company that runs Iowa’s virtual school. Diane Ravitch commented that Bedortha

confirms all the worst fears of critics of virtual charters.

They make a lot of money. They are passionate about profits, not students.

Students need one-to-one contact with a human being. They don’t get it.

I hope state lawmakers and staffers at the Iowa Department of Education are closely scrutinizing the Iowa Virtual Academy’s work. If it’s anything like what Bedortha describes, the experiment should be shut down at the end of next academic year.

In an excellent two-part series on food stamps and the need for food assistance in Iowa, Mike Wiser caught Iowa Department of Public Health Director Mariannette Miller-Meeks in an embarrassing lie:

“The No. 1 food item bought with food stamps in Iowa is Mountain Dew,” said Miller-Meeks, director of the Iowa Department of Public Health [in a speech to the World Food Prize Hunger Week symposium in October].

Several in the audience of a few hundred — an international crowd of academics, journalists and nonprofit types — shook their heads or smiled with bemusement. Phones came out, tweets were sent.

But what Miller-Meeks said wasn’t true.

At least not in any verifiable way. The Iowa Department of Human Services — the state agency that oversees the food stamp program, correctly called Supplemental Nutritional Assistance Program, or SNAP, in Iowa — doesn’t track food purchases down to the brand of soft drink. Asked where she came up with the statistic, Miller-Meeks later said through a spokesperson she “found it online” but couldn’t remember where.

Bleeding Heartland has long argued against cutting food assistance for many reasons. The SNAP program addresses real need efficiently and is rarely abused. In addition, government spending on food assistance has tremendous “bang for the buck” compared to most other policies designed to stimulate the economy. I recommend reading the full text of Wiser’s latest reports on the rhetoric and reality of the food stamp debate and on reasons private aid agencies are struggling to help all the hungry Iowans.

Today I want to speculate on how a fake “fact” about food stamp purchases landed on Miller-Meeks’ radar.

Four Democratic state legislators and the leader of Iowa’s largest public employee union filed a lawsuit yesterday seeking to block Governor Terry Branstad’s administration from closing the Iowa Juvenile Home in Toledo (Tama County) this month. Joining AFSCME Iowa Council 61 President Danny Homan are gubernatorial candidate Senator Jack Hatch, Senator Steve Sodders (whose district includes Toledo), Iowa House Minority Leader Mark Smith, and former Iowa House Speaker Pat Murphy. The lawsuit alleges that it is unconstitutional for Branstad to close the home after signing into law budget appropriations for operating the home in fiscal years 2014 and 2015. An official statement from the plaintiffs is after the jump, along with a brief summary provided by Sodders.

When Iowa Department of Human Services Director Chuck Palmer announced in December that the Iowa Juvenile Home would be closed after all the resident girls were relocated, he said the “difficult decision” was in the best interests of the girls who had lived there. Yesterday Governor Branstad also cited the interests of “those kids who’ve been mistreated and abused and not gotten their education.”

Over the past year, the Des Moines Register’s Clark Kauffman has documented outrageous practices at the Iowa Juvenile Home, including long placements in isolated cells. In October, a task force appointed by Branstad recommended reforms for the facility. The lawsuit alleges that at the governor’s direction, DHS Director Palmer disregarded the task force’s recommendations and will unlawfully use funds appropriated for the Juvenile Home for other purposes.

In 2012, the Iowa Supreme Court found that Branstad had improperly used his line-item veto power to change how state funds were allocated. This case is somewhat different but poses similar constitutional questions.

A governor committed to a certain policy will have his staff or a commission work out a plan, then push hard for its adoption in his annual address to state legislators. We’ve seen Governor Terry Branstad take that route in the past to support commercial property tax cuts or education reform.

A governor casting about for a re-election campaign issue may advocate some vague idea, then blame its inevitable defeat on his political opponents. Case in point: Branstad’s half-assed “plan” to allow higher earners to opt into a lower state income tax rate with fewer deductions.