When State Department of Education Director Jason Glass and Governor Terry Branstad’s senior education adviser Linda Fandel rolled out an education reform blueprint last month, I had a feeling the proposals wouldn’t sit well with many Republicans. A new “report card” for a conservative advocacy organization gives the reform plan a barely passing grade.

Governor Terry Branstad promised during last year’s campaign to transform the Iowa Department of Economic Development into a public-private partnership. Yesterday he named 18 leaders of Iowa companies to two new state economic development boards.

The list of appointed board members are after the jump, along with background and the full text of Branstad’s executive order creating the Iowa Partnership for Economic Progress board.

This Halloween weekend seemed like a good time to highlight some tricks and treats from the news headlines.

A general assembly of the Occupy Iowa movement decided Friday evening to move their 24-hour protest to a Des Moines city park rather than risk another round of arrests on state Capitol grounds.

The Iowa Department of Administrative Services approved a permit for Occupy Iowa today, allowing protesters to stay on the Capitol grounds in Des Moines until 11 pm on Friday, October 14.  

Clark Kauffman published a must-read story in today’s Des Moines Register about the advocacy group Disability Rights Iowa firing its longtime executive director, Sylvia Piper. About six weeks ago, Piper published a harsh open letter to Governor Terry Branstad about his administration’s policy on inspecting Iowa nursing homes.

Background and more details are after the jump.

Iowa Department of Education Director Jason Glass and Governor Terry Branstad’s senior education adviser Linda Fandel rolled out a blueprint for reforming Iowa schools yesterday. The plan didn’t include any big ideas not mentioned by Glass and Fandel a few weeks ago. It also didn’t estimate how much state government and/or school districts would need to spend to make the blueprint a reality.

The Des Moines Register’s editorial board called out Iowa legislators on Sunday for using schemes to inflate their wages and pensions while minimizing taxes. The editors also pointed out that lawmakers are not held accountable for how they spend money intended to reimburse job-related expenses.

At the Moving Planet climate change event in Des Moines on Saturday, I heard a few activists talk about organizing against former State Senator Swati Dandekar’s confirmation to the Iowa Utilities Board. The Iowa Senate will consider her nomination during the 2012 legislative session.

I would advise environmentalists not to waste their time on that particular hopeless cause. Senate Democrats may be unhappy that Governor Terry Branstad jeopardized their control of the chamber by nominating Dandekar, but they are not going to block her confirmation.

Democratic State Senator Swati Dandekar is stepping down from the legislature in order to accept an appointment to the Iowa Utilities Board, the Des Moines Register reported today. Her resignation forces a special election this fall in Iowa Senate district 18, which covers suburban and rural areas in Linn County.

Democrats currently hold a 26-24 Iowa Senate majority, so a Republican victory in the special election would deadlock the upper chamber for the 2012 legislative session. Follow me after the jump for a district map and first take on the race to replace Dandekar.

Iowa Department of Transportation officials have asked the Federal Railroad Administration to separate the $230 million federal grant intended to support passenger rail service from Chicago to Iowa City. Separating the funds would allow the Illinois Department of Transportation to move ahead with the Chicago to Moline (Quad Cities) portion of the rail line. Meanwhile, the Iowa DOT will study a potential passenger rail link all the way to Omaha, Nebraska.

The U.S. Environmental Protection Agency is demanding that the Iowa Department of Natural Resources take steps to reduce fine particulate matter statewide and especially in the Muscatine area, which has long had some of Iowa’s worst air quality.

Particulates contribute to premature deaths and serious heart and lung diseases, not to mention acid rain and other environmental problems. So it’s disappointing to see state officials react to the EPA message with more concern about the polluters than the public’s health.  

New Iowa teachers would no longer receive automatic raises based on years of experience or post-graduate degrees under an education reform proposal to be revealed in the coming weeks. Iowa Department of Education Director Jason Glass and Governor Terry Branstad’s special adviser on education, Linda Fandel, shared the outlines of the proposed changes with journalists yesterday.

I’ve seen a lot of hippie-punching by professional Democrats, but the Iowa Democratic Party’s attack on Iowa Citizens for Community Improvement yesterday was a particularly cynical example.  

Former State Representative Geri Huser, one of Iowa’s surprise losers in November 2010, has landed a senior position in state government with the Iowa Finance Authority.

Four Democratic state legislators and the leader of Iowa’s largest public employee union filed a lawsuit yesterday challenging Governor Terry Branstad’s line-item veto of a provision barring Iowa Workforce Development from closing 36 of its 55 field offices around the state.

UPDATE: Further details are at the end of this post.

Governor Terry Branstad said Monday that a controversy over requiring non-toxic shot for hunting mourning doves in Iowa “should have been handled better” by the Iowa Department of Natural Resources’ Natural Resource Commission. He also denied that he had expressed support for a lead shot ban in a telephone conversation with one of the commissioners.

Three non-profit organizations may sue the U.S. Environmental Protection Agency for “unreasonable delay” in responding to a 2007 petition seeking to revoke the state of Iowa’s authority to regulate pollution from CAFOs.  

Iowa Citizens for Community Improvement members filed an ethics complaint yesterday against Brent Rastetter, one of Governor Terry Branstad’s appointees to the state Environmental Protection Commission.

The Iowa legislature’s Administrative Rules Review Committee lived up to its unofficial nickname today: “Where good rules go to die.” Nine of the ten lawmakers on the panel voted to delay a proposed ban on lead shot for dove hunting until after next year’s legislative session. It’s a safe bet that before then, legislators will pass a bill allowing hunters to use any kind of ammunition to kill doves.

The Iowa Environmental Council charged yesterday that Iowa Farm Bureau is misusing the court system to “intimidate us and keep us from our work.” The allegation relates to a lawsuit Farm Bureau filed last year to block new water quality rules.

Iowa Department of Public Health Director Mariannette Miller-Meeks on Friday reversed plans to eliminate the top administrator’s position at the Division of Tobacco Use Prevention and Control. Her comments came several hours after Democratic State Senator Jack Hatch predicted “legal action” to challenge the way IDPH downsized its smoking prevention programs.

The Iowa legislature barely kept hope alive for future funding to support a passenger rail link connecting Iowa City to Chicago, via the Quad Cities. However, most Iowa Transportation Commission members back the Amtrak project and would consider moving funds from other areas to make it happen.

Iowa Department of Public Health Director Mariannette Miller-Meeks insisted on August 1 that state efforts to reduce and prevent smoking will continue deep despite budget cuts, which just cost a senior department staffer her job.

Governor Terry Branstad won’t push for major changes in the state’s universal voluntary preschool program for four-year-olds during the next two years, according to Iowa Department of Education Director Jason Glass. While taping Iowa Public Television’s “Iowa Press” program on July 28, Glass said the governor had decided “to move past this debate” on whether preschool should be universal or targeted to needy families. Branstad’s communications director Tim Albrecht confirmed to Mike Wiser the same day,

“Now that preschool funding is in place, Gov. Branstad does not believe a preschool funding debate should overshadow a meaningful debate on how to again make Iowa’s schools the best in the country,” Albrecht wrote in a follow-up email. “Now that Gov. Branstad has allocated funding for preschool over the next two years, he does not desire this settled issue to get in the way of our education reform goals.”

That is the smartest thing Branstad has done all week.  

Governor Terry Branstad has nixed Iowa Democrats’ top tax policy priority for the second time this year. The governor signed the broad budget “standings” bill yesterday, but used his item veto power to eliminate several provisions, including an expansion in the earned income tax credit for working people. The governor’s veto message said,

“This change is estimated to reduce revenue to the state general fund by $28.5 million for fiscal years 2012-2013,” Branstad said. “It is my desire to approach tax policy in a comprehensive and holistic manner. As such, I urge members of the House and Senate to continue to work with my office on an overall tax reduction package that both fits within or sound budgeting principles while reducing those taxes that are impeding our state’s ability to compete for new business and jobs.”

Branstad vetoed the same tax credit expansion in a compromise bill the legislature approved in April. At that time, he also cited his “desire to approach tax policy in a comprehensive and holistic manner.”

Spending $28.5 million over two years would have helped at least 225,000 Iowa households, more by some calculations. The earned income tax credit goes entirely to lower-income and middle-income families earning less than $48,000 per year.

In a press call this morning, AFSCME Council 61 president Danny Homan described Branstad’s action as “mean-spirited,” and I would agree. In this economy, why would you block a little extra help to working households? Iowa Senate Ways and Means Committee Chair Joe Bolkcom noted in a statement, “Studies show that the Earned Income Tax Credit is the most effective antipoverty program for working families. Plus the money is spent at our small and Main Street businesses, helping to further spur our local economy.”

Branstad’s veto doesn’t look like smart politics either. During the 2012 legislative session, he wants to pass a major education reform package, comprehensive property tax reform and corporate income tax cuts. Yet he’s tanked the top Democratic tax priority twice. He is forging ahead with closing Iowa Workforce Development offices, even though saving those offices was high on the Democrats’ list throughout the 2011 session. Democrats have only a narrow Iowa Senate majority, but that majority held together for the last six months. I don’t understand why Branstad thinks he’ll be able to get any of his priorities through the upper chamber next year.

The Iowa Fiscal Partnership published a short piece on why expanding the earned income tax credit is good policy. I’ve posted that piece after the jump, along with the full text of Bolkcom’s statement on the Branstad veto and a comment from U.S. Representative Bruce Braley (IA-01).

Iowans for Tax Relief, an advocacy group that claims to be “the taxpayers’ watchdog,” was missing in action today. The organization endorsed Branstad in the 2010 gubernatorial primary as well as the general election. Iowans for Tax Relief criticized Branstad’s veto of the earned income tax credit expansion in April. Since then, the organization has had substantial turnover on its staff and board of directors. Still, you’d think they would notice the governor blocking a tax break for hundreds of thousands of Iowans.

Also from the standings bill, Branstad item vetoed a ban on bonus pay for state employees. His communications director says the bonuses are needed to attract and retain “exceptional employees,” but it looks bad for Branstad to insist on bonuses for his favorites while vetoing help for woking families. O.Kay Henderson noted at Radio Iowa that Republican lawmakers criticized Democratic Governors Tom Vilsack and Chet Culver for awarding bonuses to some state employees. Speaking on behalf of AFSCME, Homan slammed Branstad for “running around the state telling the citizens how the state’s going broke because they’re giving the union employees a two percent raise and a one percent raise and now he’s going to allow for bonuses for his department heads.”

If Republican legislative leaders comment on Branstad’s vetoes, I will add their statements to this post. So far, it’s been radio silence from the Iowa House and Senate GOP leadership.

Iowa Workforce Development officials can move ahead with closing 37 36 of the agency’s 55 field offices around Iowa, thanks to a line-item veto by Governor Terry Branstad. State lawmakers included language in the economic development appropriations bill to require Iowa Workforce Development to maintain its current number of field offices through the 2012 fiscal year. However, Branstad rejected that provision yesterday:

“This item would prohibit Iowa Workforce Development from putting forth an enhanced delivery system that broadens access to Iowans across the state in fiscal year 2012,” Branstad said. “In order to develop a sustainable delivery system in light of continually fluctuating federal funding, the department must put forth a system that embraces the use of technology while providing enhanced benefits through maximum efficiencies.”

Branstad said Iowa Workforce Development has more than 190 “virtual access point workstations” in over 60 new locations throughout the state to increase access to these critica services. He says Iowans are already using the expanded hours of operation, six days a week.

“At my direction, IWD will have hundreds of additional virtual access points by the end of fiscal year 2012,” he said.

I doubt many unemployed Iowans would consider a computer terminal “enhanced” access, compared to an office staffed by a real person explaining the available services.

Controversy over shutting down these offices nearly derailed the Iowa Senate confirmation of Teresa Wahlert. Opposition from lawmakers of both parties didn’t persuade her, although two of the 39 field offices originally targeted will be spared. Iowa Workforce Development started closing some of its field offices even before legislators had adopted a final budget. In early July, the agency laid off 13 employees as part of the planned reorganization. Iowa Workforce Development Communications Coordinator Katie Hommer communications director was unable to tell me today when the agency will finish shutting down the offices slated for closure. She said staff are still going through the signed budget, which they only just received.

Hommer also did not know whether enough funds were provided for the agency to keep open its New Iowan Centers, which offer specialized services for recent immigrants. Those centers are currently located in Muscatine, Ottumwa, Marshalltown, Mt. Pleasant, Iowa City, Des Moines, Sioux City, Storm Lake, Council Bluffs, Mason City and Denison.

On a related note, Branstad’s love for streamlining government doesn’t extend to the U.S. Postal Service, which may close as many as 178 Iowa post offices. The downsizing is part of a plan to eliminate 3,700 of nearly 32,000 post offices nationwide. Branstad has repeatedly criticized plans to eliminate rural Iowa post offices, and yesterday he told Radio Iowa that the postal service is not using “common sense.” He wants the independent federal agency to explore alternatives to closing offices that small-town residents rely on.

Conservatives talk a good game about running government like a business, but a private business with declining revenues could never afford to operate retail outlets in as many locations as the U.S. Postal Service. The independent agency gets almost all of its revenues from postal fees (not federal budget allocations). As Americans send fewer paper letters and documents, postal service revenues have declined.

Branstad and his wife own 12 Iowa buildings that are leased to the U.S. Postal Service. So far only one of those, in Lohrville, is on the list of post offices to be closed.

UPDATE: Iowa House and Senate Democrats will reach out to Republicans to convene a special legislative session “with the sole purpose of overriding Governor Branstad’s line-item vetoes of legislation prohibiting the closure of the [Iowa Workforce Development] offices.” Details are in a press release I’ve posted after the jump. That document lists all the towns that would lose Iowa Workforce Development offices, as well as the county unemployment rate in each area.

SECOND UPDATE: Sounds like Republicans are not game for a special session to deal with this narrow issue. I’ve added Iowa Senate Minority Leader Paul McKinley’s statement below.

THIRD UPDATE: Only 36 field offices will be closed, because federal funding came through to keep the Webster City office open. The closure of the Electrolux factory has been a particular hardship for Iowans in the local area. After the jump I’ve posted an Iowa Workforce Development press release, which lists all the cities and towns that will have the “regional integrated one-stop offices,” as well as all the localities that will lose their field offices.

Meanwhile, Iowa House and Senate Democrats formally called for a special session on July 29. Republicans are not interested. Expect these office closures to become a campaign issue in a bunch of statehouse races next year. The Golden Dome Blog found a video of Lieutenant Governor Kim Reynolds praising a “phenomenal” and “user friendly” workforce development office during last year’s gubernatorial campaign.

Democratic State Representative Dave Jacoby serves on the Iowa Workforce Development Board and is angry that board didn’t get to weigh in on whether these field offices should be closed.

Iowa may soon have as many milking coaches as lactation consultants.   After a lapse of about four decades, human breastfeeding has secured its place once again in our culture as the premiere way to nourish an infant.  In a parallel narrative, fresh wholesome milk from cows, sheep, and goats is regaining its reputation as a premiere health food.   To boost that growing reputation, milking coaches are pulling up another milking stool to help people learn more about the realities of milk fresh from the udder.  
 
“We've only used manmade milk (formula and pasteurized milk) for around 60 to 70 years but we've used breast milk and raw milk for 6000 years.   If it wasn't for breast milk and raw milk, we wouldn't be here!” says Brad Hopp, a milking coach near Lawton in northwestern Iowa .   “Learning more about milking helps people understand it better, and I'm all for that.”
 
Although mothers' milk retains some of its mystery in the face of scientific inquiry, mothers these days know how precious it is to their babies' health and growth.   A little mystery in the food supply passes when it's balanced by strong instincts and a solid record of success.   But mystery can feel uncomfortable when it strays too far from knowledge and experience.
 
“The idea of raw milk feels exotic and mysterious to many people in Iowa ,” says Christy Ann Welty, homeschooling mother of two who helps milking coaches and new milkers find each other.   “More understanding and less fear will help everyone as they make decisions about the best ways to feed their families.”  
 
More understanding and less mystery: that's the meaning of “Milkers get it.”
 
A second meaning of the phrase relates to Iowa state law.  
 
Drinking wholesome, fresh milk — fresh from a healthy, grass-fed cow, sheep, or goat without processing through a pasteurization vat — has been illegal since 1968 for most people living in Iowa .   The privilege of choosing whether to drink milk fresh or pasteurized is reserved to the few who control livestock, land, and have mastered the skill of milking; everyone else is restricted to only Grade A pasteurized milk, except for those who are willing to operate in the gray areas of the law.   “Giving away milk is not covered by our rules,” says Dustin VandeHoef, communications director for the Iowa Department of Agriculture and Land Stewardship (IDALS), “but all sales are illegal.”
 
Passages from Chapter 192 of the Iowa Code (state law) say, “Only grade 'A' pasteurized milk and milk products shall be sold to the final consumer, or to restaurants, soda fountains, grocery stores, or similar establishments;” and later, “No person shall within the state produce, provide, sell, offer, or expose for sale, or have in possession with intent to sell, any milk or milk product which is adulterated or misbranded;”  
 
VandeHoef says, “We interpret the words 'adulterated' and 'misbranded' to include raw milk, and this is also the FDA [Food and Drug Administration] interpretation which is adopted into the Code.”
 
The IDALS interprets “sales” to mean “exchanges of value.”   During a phone call to his office, VanderHoef was reluctant to specify which circumstances would be considered prosecutable and which would be outside IDALS's rules.  
 
A broad interpretation of the meaning of “sales” puts giving away raw milk, and even drinking raw milk from one's own animal, into the gray area between legal and illegal: renting a stall in a farmer's barn to shelter your cow if you do not have a barn; bringing a sandwich to the person milking your goat for you; bringing a bottle of wine to a dinner party where the hostess serves raw milk.   Membership in a private kitchen club could be interpreted as a “sale” if one of the members gives away samples of raw milk.  
 
To steer clear of potential gray market entanglement, all milking lessons from “milkers get it” coaches are free, and no donations are accepted.   “We're not trying to get around the law,” says Welty.   “Our purpose is to pass along a valuable skill to people who want to be self-sufficient or live a sustainable lifestyle or simply exercise choice about the food they eat.”

In order to exercise the simple choice of “Fresh or Pasteurized” without engaging black markets or gray markets, a person has to learn how to milk and has to control livestock plus enough land to support it.   One mission of “Milkers get it” is to help people overcome barriers that state law and bureaucracy have erected.   Another mission is to assist efforts to change the state law.
 
Challenging the statute with a court case is lengthy and expensive.   One current lawsuit disputes one circumstance in the gray area of the law: Freitag v Secretary of Agriculture was filed in January 2010 and litigation continues in Linn County 's district court.   Representing two milkers who boarded their cow with a Linn County farmer, the Farmer-to-Consumer Legal Defense Fund “is acting in the capacity of a public interest law firm to protect the fundamental rights of the public at large ….”
 
Changing the statute directly with new legislation is another option.   Small-scale dairy farmers, health food customers, legislators, and many others worked together during Iowa 's 2011 legislative session to lift restrictions against consumers buying raw milk directly from farmers.   “We made progress,” says Francis Thicke, organic dairy operator and former candidate for Iowa Secretary of Agriculture, “but not enough to pass it this year.   We'll try again next year.”
 
Meanwhile, you can pull up a three-legged stool and try a free milking lesson for yourself, and encourage your state legislators to get some hands-on experience, too.   Accurate information and authentic experience are often the best tools for changing engrained habits of mind and for updating rules and procedures.   Milking coaches are ready to introduce all comers to the wholesome experience of squirting fresh milk from the udder of a healthy animal into a warm, foamy pail of milk.   When you feel the rush from a satisfying squeeze, you'll understand.   Milkers get it.

# # #

Environmental advocates were relieved when the Iowa legislature adjourned without passing any bill to move Iowa’s water quality and monitoring programs from the Department of Natural Resources to the Iowa Department of Agriculture and Land Stewardship. However, Plan B to accomplish the same goal without legislative action took another step forward yesterday, when Chuck Gipp was named deputy director of the Iowa Department of Natural Resources.

Governor Terry Branstad’s administration advocated moving water programs to IDALS earlier this year, around the same time he stacked the Environmental Protection Commission with friends of agribusiness. Critics pointed out that the DNR had been praised for its efficient use of federal water quality funding. Moreover, it is illogical to move Clean Water Act compliance from a department that exists to “conserve and enhance our natural resources” to a department that exists “to encourage, promote, market, and advance the interests of agriculture.” Iowa House Republicans (assisted by some Democrats) approved a bill transferring some water programs to the agriculture department, but the proposal never cleared the Iowa Senate.

In May, Branstad’s DNR director Roger Lande announced major staff cuts, including three full-time and three contract positions solely focused on water monitoring. (Lande didn’t cut full-time employees from any DNR division besides the Geological and Water Survey Bureau.) At that time, DNR stream monitoring coordinator Mary Skopec warned, “This is definitely going to impact our ability to do data management and lake monitoring.” The cuts serve the interests of industrial agriculture, because collecting fewer samples from lakes and streams makes it less likely that any polluted waterway will be labeled “impaired.”

Gipp’s appointment looks like part of the same strategy to give agribusiness more control over how, when and where the DNR monitors Iowa waters. The deputy director handles a lot of day-to-day management for the large department. Gipp is a longtime dairy farmer and member of the Iowa Farm Bureau. He served in the Iowa House for 18 years, rising to the position of majority leader under Republican Speaker Chris Rants. He chose not to seek re-election in 2008, and Republican Secretary of Agriculture Bill Northey named him to head the IDALS Division of Soil Conservation. The Cedar Rapids Gazette reported,

Gipp, a lifelong dairy farmer who is respected in both production agriculture and environmental circles, said he hopes to foster understanding and cooperation between the two often-opposed groups.

“Both are important to Iowans, and we need to bring both sides together and strike a sustainable balance,” Gipp, 63, of Decorah, said.

It’s news to me that Gipp is respected in environmental circles. I can’t recall any instance of him using his authority as Iowa House majority leader to promote environmental protection. By all accounts Gipp did an adequate job overseeing soil conservation programs used by some farmers, but relying solely on voluntary measures (the Iowa Farm Bureau-approved method) hasn’t solved our water quality problems.

I recognize that Iowa state government will balance the DNR’s needs with those of the agriculture department, but that’s not what appears to be happening here. Having failed to move water programs to IDALS, the Branstad administration is giving IDALS substantial influence over DNR internal policies and practices. In a July 26 press release, Lande praised Gipp as “someone who is not only very dedicated and knowledgeable about conservation of our natural resources but also a very talented individual in working with our stakeholders and Legislature.” I hope Gipp proves me wrong, but I’m not encouraged to see him hired less than a week after the DNR’s top environmental regulator was pushed out the door.

UPDATE: Iowa Citizens for Community Improvement highlighted Gipp’s legislative votes against any meaningful regulation of factory farm pollution. Details are after the jump.

Governor Terry Branstad forced out a senior official in the Iowa Department of Natural Resources this week. The DNR on Monday announced Wayne Gieselman’s resignation as administrator of the department’s Environmental Protection Division. In that press release, which I’ve posted below, DNR Director Roger Lande thanked Gieselman “for his many years of dedicated service,” without indicating whether the resignation was voluntary. Perry Beeman reports in today’s Des Moines Register that Gieselman was told to pack his bags.

More details are after the jump.

Iowans will be able to hunt mourning doves statewide beginning September 1, but hunters will not be allowed to use lead shot, under rules the Iowa Natural Resource Commission approved today. Doves were protected in Iowa for nearly a century, but the Iowa House and Senate approved a bill legalizing dove hunting in March, using sneaky legislative procedures. The Department of Natural Resources later drafted rules for a 70-day season from September 1 through November 9, and the legislature’s Administrative Rules Review Committee let those rules stand.

The Iowa Natural Resource Commission is connected to the DNR, but the seven commission members are appointed by the governor to six-year, staggered terms. The three Republicans, three Democrats and one independent on the commission voted unanimously to ban lead shot. Six of the seven voted for the whole block of dove-hunting rules; Johnson County Supervisor Janelle Rettig dissented.

The commission may not have the final word on lead shot. The National Rifle Association’s Institute for Legislative Action put out an action alert today denouncing commissioners for jumping “in the political bed with anti-hunting extremists.” The NRA denies scientific evidence about lead’s harmful effects on wildlife, and views ammunition regulations as part of a radical anti-gun environmentalist agenda. The NRA wants members to ask Governor Terry Branstad to overrule the commission’s decision. In April, Branstad heeded the NRA’s advice and overruled an Iowa Natural Resource Commission proposal to ban lead shot on “numerous state and federal wildlife areas across Iowa.”

The U.S. Fish and Wildlife Service has banned the use of lead shot for waterfowl hunting since 1991 and estimates that millions of premature wildlife deaths have been prevented. Bald eagles are “particularly vulnerable to lead poisoning” because of their feeding habits. This article explains how lead shot poisons eagles, swans and other birds in Iowa and across the country.

After the jump I’ve posted the Department of Natural Resources’ announcement of the new dove hunting rules, the NRA’s action alert, and excerpts from the Sierra Club Iowa chapter’s public comment seeking a ban on lead ammunition. Iowans who care about protecting wildlife from lead poisoning should ask Branstad to let the dove hunting rules stand. You can contact the governor by calling 515-281-5211 or writing to 1007 East Grand Ave, Des Moines, Iowa 50319.

The last day of fiscal year 2011 has arrived, and Iowa lawmakers still have not completed work on next year’s budget. Several pieces have cleared the Iowa House and Senate after backroom deals were reached on some contention issues. Notably, House Republicans and Senate Democrats reached a compromise on preschool and K-12 school funding. However, abortion language is still holding up the health and human services budget bill, covering a huge chunk of Iowa government spending.

More details about this week’s budget deal-making are after the jump. I will update this post throughout the day as news emerges from the Iowa House and Senate. Legislators plan to pass a one-month stopgap budget to keep state government funded while Governor Terry Branstad reviews the budget bills that reach his desk. (The governor has the power to item-veto certain appropriations.) As of this morning, the same abortion dispute blocking the health and human services bill is holding up passage of the stopgap budget.

Democratic and Republican negotiators gave up trying to find a compromise on property tax reform earlier this week. Both the Iowa House and Senate have passed property tax reform legislation, but the approaches differ vastly from one another and from Branstad’s preferred approach. If the governor calls a special legislative later this year, property taxes may come back on the agenda.

UPDATE: The last budget bills passed during the afternoon on June 30. The House approved the 30-day stopgap budget, 87 to 7. State representatives who voted no were Democrats Vicki Lensing, Mary Mascher, Mary Wolfe, Cindy Winckler and Beth Wessel-Kroeschell, and Republicans Tom Shaw and Kim Pearson.

The Health and Human Services budget conference committee report passed the Iowa House by a 61 to 33 vote. Most Republicans present voted yes, and most Democrats present voted no. Eight Democrats voted yes: Dennis Cohoon, Curt Hanson, Dan Muhlbauer, Brian Quirk, Andrew Wenthe, Chris Hall, Helen Miller, and Lisa Heddens. Four Republicans voted no: Kim Pearson, Glen Massie, Tom Shaw, and Jason Schultz. In other words, Republicans had the votes to pass the health and human services budget without any support from House Democrats.

The Iowa Senate approved the health and human services budget by a 27 to 18 vote. I don’t know yet who crossed party lines but will update once the Senate Journal containing roll call votes has been published.

After the jump I’ve added more details on the compromise Medicaid abortion coverage language. According to State Senator Jack Hatch, there will be “no change” to the circumstances in which Iowa women can receive Medicaid coverage for abortion costs.

Scroll to the end of this post for closing statements from House and Senate leaders of both political parties. Everyone sounds relieved to see the end of the third-longest session in Iowa legislature history.

The Cedar Rapids City Council has rescinded a project labor agreement approved last December for the $75 million downtown Convention Complex project. Governor Terry Branstad’s administration said it would withhold $15 million in I-JOBS state funding for the convention project, because Cedar Rapids had violated his executive order against project labor agreements (full text of order here). Cedar Rapids Mayor Ron Corbett and other city officials maintained that the governor’s executive order did not apply to project labor agreements signed before Branstad took office.

The dispute seemed likely to be settled in court after the governor rejected two compromise offers from Corbett. However, the convention center is a crucial part of Cedar Rapids’ downtown revitalization plans, and construction could not go forward without the $15 million in I-JOBS money. So Corbett negotiated a different solution:

In turn, the city has agreed to rescind the project’s project labor agreement – the governor opposes such agreements on public projects – between the city and the Cedar Rapids/Iowa City Building and Construction Trades Council.

Meanwhile, the city is promising the trades council that the city will use a project labor agreement on the $21-million renovation of the city-owned Five Seasons Hotel next to the Convention Complex and the new $10-million parking ramp across First Avenue East from the hotel and Convention Complex. Neither project involves state funds.

“Everybody gets a little, everybody gives a little,” said Corbett, a former speaker of the Iowa House of Representatives. “We have an agreement with all the parties, and that’s how compromise is supposed to work. … Ultimately, the taxpayer wins because they aren’t involved in a costly legal dispute.” […]

The City Council voted last night to formally rescind the existing agreement with the trades council and to develop a new project labor agreement with the council on the hotel and ramp projects.

According to Rick Smith of the Cedar Rapids Gazette, federal litigation is pending over the Branstad administration’s decision to set aside project labor agreements on state-funded projects in Coralville and Marshalltown. The Central Iowa Building and Construction Trades Council and the Cedar Rapids/Iowa City Building and Construction Trades Council jointly filed that lawsuit.

UPDATE: I agree with Todd Dorman:

I’m a little disappointed that we’ll probably never get an definitive answer on whether Branstad’s order, as it applies in local projects like this one, oversteps his executive authority. The order as written is remarkably broad and sweeping and seems to extend the governor’s power far beyond the executive branch he controls. It reads a lot like legisaltion, and that, as the term implies, is usually the job of the Legislature.

Essentially, the legislature approved a state grant program in a a bill signed by a governor, in this case the Big Lug [Chet Culver]. Then, Branstad takes office and issues an order that in turn modifies the terms of that legislation, and for that matter, any legislation that hands out state dollars for a local projects, without any legislative input or approval. Enforcing his order amounts to the deappropriation of millions of dollars simply by executive edict.

I’m not sure why any lawmakers, regardless of party, would be OK with that sort of precedent. Republicans who think it’s swell now won’t feel that way when a Democratic governor takes Branstad’s precedent and runs.

The Branstad administration’s disregard for local authority is one of the most under-reported stories of the year. I’m not talking only about this executive order, but also about Branstad’s preferred property tax reform plan and zero growth for K-12 budgets, both of which would leave local officials with fewer options.

Iowa legislative leaders made significant progress toward avoiding a government shutdown this week. After the Senate approved new budget bills on Tuesday and Wednesday, negotiators reached new compromises on Thursday. Conference committees cut deals on two-year budgets for economic growth, justice and agriculture/natural resources. The Iowa Senate then passed those three compromise bills on Friday with bipartisan majorities. Senate Majority Leader Mike Gronstal expressed confidence that the House and Senate can finish work on the budget in time for the end of the fiscal year on June 30. Early next week I’ll publish more details on the budget compromises taking shape. To my knowledge, statehouse Democrats and Republicans are still far from agreeing on property tax reform, which Governor Terry Branstad has said must get done this year.

Branstad won a major victory by getting legislators to pass a two-year budget. Senate Democrats had previously warned that biennial budgeting would facilitate a “power grab” by the governor. On Friday the Iowa Senate unanimously approved a bill to address that concern, limiting how much money the governor can transfer between legislative sessions.

The Rebuild Iowa Office, a temporary agency created by then-Governor Chet Culver after the historic 2008 floods, closed this week as scheduled. Lynn Campbell published a good piece about the office and its work. The closure isn’t timely, as western Iowa deals with major flooding along the Missouri River.

“We still feel that there is a need for a recovery office of some sort – they can call it whatever they want – to continue to focus on all these disasters that are happening over and over again,” said Ron Randazzo, Rebuild Iowa’s strategic planner. […]

Iowa Homeland Security and Emergency Management Division now will be the lead agency for the state’s disaster response and recovery.

But Susan Judkins Josten, RIO’s intergovernmental affairs director, said the Legislature hasn’t acted on a transition plan and hasn’t required the homeland security division to change its operations. The state also doesn’t have plans to retain the knowledge developed by RIO.

Leading Iowa Republicans aren’t worried. House Speaker Kraig Paulsen told Campbell that he never supported creating a separate office to handle disaster recovery efforts. Governor Terry Branstad was scathing in comments to Rod Boshart:

“I think it really turned out to be kind of an ineffective agency and I think the Legislature was right in their decision in 2009 to sunset it,” the governor said. “All RIO did was paper shuffling and coordination. […]”

Branstad said he believes his administration has established a better system of direct accountability and management by having the state’s Homeland Security and Emergency Management agency take the lead on dealing with disasters such as the current flooding along the Missouri River, while other state agencies address funding issues with the federal government, public safety and other issues.

“In my opinion there’s been money wasted in having an extra layer” that has now been eliminated, the governor said. “When you have to go through a coordinating agency and you have the paperwork involved, it just slows things down. I think the change will be for the better, speed things up, cost us less, be much more efficient and make it possible for people to get straight answers quicker.”

Democratic State Senator Rob Hogg praised RIO officials for keeping the focus on flood prevention efforts as well as disaster recovery. I share Hogg’s concern that in RIO’s absence, no state agency will push for better floodplain management in Iowa. Branstad did virtually nothing on that front after Iowa’s 1993 flooding (at the time the worst ever) and hasn’t pushed for action since returning to office.

In happier news, New York became the sixth state to legalize same-sex marriage last night. Four Republicans in the GOP-controlled state Senate voted for the marriage equality bill, which Democratic Governor Andrew Cuomo immediately signed into law.

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

Governor Terry Branstad today: “I just want to assure the people of Iowa that I know what I’m doing.”

He has “no written plan” for how state government will function if a 2012 budget hasn’t been adopted by June 30. But no worries, he’s “been through emergencies before,” “understands and respects the responsibility that I have” and will use emergency powers if necessary to provide “the services the people need.” Anyway, Branstad told reporters, “There’s not going to be a shutdown.”

This budget standoff should have been resolved weeks ago, and the governor has been a big part of the problem. Despite improving state revenue collections, Branstad demanded significant cuts in education and human services when submitting his draft budget in January. A few months later, he line-item vetoed a Democratic tax cut priority, having raised no objections to that policy when legislators negotiated that bill with the governor’s staff in the room.

When the Iowa legislature’s scheduled adjournment date passed with little progress toward a 2012 budget, Branstad said don’t worry, we have plenty of time, we just need to “get serious” about working things out with “patience and perseverance.” But instead of advocating for a middle ground between House Republicans and Senate Democrats, Branstad decided in May to insist on the House Republican general fund spending target ($5.99 billion). That figure was about $160 million less than what Branstad proposed in his own draft budget. Moving away from the middle ground made no sense, because by the spring, Iowa’s revenue projections for fiscal year 2012 had improved compared to late last year.

Now Senate Democrats have agreed to the Republican overall spending target, but the governor won’t make significant concessions on Democratic funding priorities. The parties are still far apart on spending levels for human services, for example.

Iowans deserve more from Branstad than “trust me,” the government won’t shut down, and if it does, I know what to do.

Iowa’s current fiscal year ends on June 30, which gives Governor Terry Branstad, Republican leaders in the Iowa House and Democratic leaders in the Iowa Senate just ten days to approve a 2012 budget without disrupting state government operations. Although the parties have settled on a total spending target for the next fiscal year, they are still at odds over funding for key programs. They appear to have made no progress toward a compromise on commercial property tax reform, which Branstad demands as part of any final budget deal.

Lots of links on spending priorities, rival tax proposals and government shutdown scenarios are after the jump.

UPDATE: Scroll to the end for further details Senate Democrats released on June 20 regarding a budget compromise.

Like other states, Iowa is digging a fiscal hole by not spending enough to repair roads, according to a report Smart Growth America and Taxpayers for Common Sense released this month. The non-profit Smart Growth America is “the only national organization dedicated to researching, advocating for and leading coalitions to bring smart growth practices to more communities nationwide.” Taxpayers for Common Sense is “a non-partisan budget watchdog” seeking “to achieve a government that spends taxpayer dollars responsibly and operates within its means.”

The “Repair Priorites” report notes that less than half of Iowa’s roads are in good condition, yet the state continues to spend disproportionately on new road construction rather than repair. Table 1 on pages 10 and 11 of this pdf file shows that Iowa has about 22,999 “state-owned lane-miles of major roads,” of which just 10,558 (46 percent) are in good condition. Iowa would need to spend about $552 million per year to repair and preserve state roads in good condition, but that figure exceeds the total Iowa Department of Transportation budget for capital investments. Between 2004 and 2008, Iowa was spending about $172 million per year on repair and preservation for state-maintained roads. That’s roughly 32 percent of the capital investment budget. Meanwhile, Iowa added 363 state-owned lane miles between 2004 and 2008, spending more than $190 million annually on road expansion (see table A4 on pages 29 and 30).

As time passes and roads deteriorate from “good” to “fair” or “poor” condition, repairs become far more expensive. Figure 3 on page 12 of the report shows that maintaining a road “in good condition over time costs less than half the cost of making major repairs after letting the same road deteriorate to poor condition.”

Excerpts from the “Repair Priorities” executive summary and Iowa fact sheet are after the jump.

Governor Terry Branstad has suggested that Iowa needs to increase the gas tax to pay for the long-term needs of the state’s road system. To protect taxpayers’ long-term interests, the governor and officials like Department of Transportation Director Paul Trombino should support investing more on road maintenance to reduce future costs.

Underscoring Iowa’s failure to maintain its vital infrastructure, a report Transportation for America released in March indicated that Iowa is the third-worst state for structurally deficient bridges. Earlier this year, Smart Growth America’s report on “smart transportation” policies for Iowa (pdf) recommended that state policy-makers: allocate more funds to maintain and repair roads and bridges; invest more in public transportation; assign some transportation money to grants that would reward “innovative least cost solutions”; and revisit the spending priorities in the Iowa Department of Transportation’s Long Range Transportation Plan.

No matter what happens during the ongoing state budget negotiations, Iowa Workforce Development will close 37 of its 55 field offices around the state, barely budging from initial plans to close 39 offices. The agency will maintain 16 full-service regional offices and two smaller field offices. State legislators aren’t happy about the consolidation plans, which will force many unemployed Iowans to drive further for personal assistance. Agency officials counter that budget constraints forced their hand.

More details and background on this controversy are after the jump.  

The current fiscal year ends in 17 days, and the leaders who have been negotiating next year’s budget have sent mixed signals in recent days about a possible compromise. Last Wednesday, the Iowa House approved House File 697 on a party-line vote of 54 to 38. The House Journal for June 8 (pdf) includes roll call votes on various amendments and final passage. The 600-page bill includes a budget for two fiscal years and Republican property tax reform plan. Its more controversial provisions include not allowing any growth in K-12 education budgets during the 2012 fiscal year and closing 37 Iowa Workforce Development offices around the state. (UPDATE: Republican State Representative Jason Schultz asserted on June 14 that the House-approved omnibus budget bill requires Iowa Workforce Development to keep all its branch offices open for one more year.) Iowa Senate Democrats have portrayed both of those proposals as deal-breakers and support a higher overall spending target than the $5.99 billion House Republicans approved. Critics have also warned that the changes to commercial property taxes won’t target help to “main street” and small businesses and could force local governments to make big cuts in services.

The omnibus bill didn’t appear to be a promising step toward a budget compromise. Senate Democrats had denounced the proposal as a “Frankenstein” monster. Leading House Democrats sharply criticized the bill after it was approved following less than six hours of debate. Yet on June 9, House Speaker Kraig Paulsen implied that passing House File 697 had been an effective bit of brinksmanship:

“Running the omnibus bill yesterday and sending that over to the Senate had the effect that we were hoping for, and that was it kick-started the negotiations,” said Paulsen, R-Hiawatha, on Thursday after a meeting with Senate leaders that he described as “arguably the most productive meeting we’ve had in two months with the Senate.”

Also on June 9, Senate Majority Leader Mike Gronstal released this statement:

“I am encouraged by negotiations this morning with Republican legislators and the Governor’s staff. We believe that we can reach an agreement that would receive bipartisan support in the Senate and pass the House because it would avert a government shutdown by making spending cuts while still investing in our future.

“In the end, we believe a deal will be possible because Iowans are raising their voices after being empowered with vital, accurate information about the effects of woefully inadequate investments in our schools and other key services.”

Governor Terry Branstad kept his cards close to his chest during a June 10 taping of Iowa Public Television’s “Iowa Press” program. Click here for the video and full transcript. He praised House Republicans for passing “a comprehensive budget” that includes “critically important” property tax reforms. Regarding a broader agreement, Branstad said, “I’m cautiously optimistic that it can get worked out but there’s a lot of details that have to be worked out.” He declined to be specific about how the government would function if no new budget is approved by the start of the next fiscal year on July 1. All sides in the negotiations insist they are working to prevent a shutdown of some state government services.

Use this thread for any comments about the budget or predictions on how the impasse will be resolved.

UPDATE: Senate Appropriations Committee Chair Robert Dvorsky said in a June 13 statement,

Senate Democrats are eager to resume negotiations with the Governor’s staff and House Republicans this afternoon.

Last week, we took a significant step in the negotiations by agreeing to the general fund spending limit proposed by the House Republicans.

This week, the negotiations will focus solely on the details of each of the separate spending bills.

Assuming agreements can be reached in a timely manner, the final hurdle toward adjournment will be cleared and there will be no state government shutdown.

The Democratic-controlled Iowa Senate has rejected only two of Governor Terry Branstad’s nominees this year. One of them, former Department of Human Rights Director Isaiah McGee, started a new job Friday as education program consultant for achievement gaps and student equity at the Iowa Department of Education. Controversy surrounding McGee’s instructions to Human Rights staff and members of certain state commissions hurt the nominee with Senate Democrats. He fell a few votes short of confirmation. McGee stayed in his position at Human Rights until today; state law allows rejected nominees to keep serving for 60 days after the failed confirmation vote. State Department of Education Director Jason Glass “sought out” and offered McGee his new job as a program consultant, Branstad told journalists today. Glass commented,

“I am excited Isaiah will be joining us, because he has numerous talents and knowledge that will benefit the people of Iowa,” Glass said. “He is the exact right person for this job, as we need to continually serve the needs of all students in Iowa. Isaiah is passionate about education and will offer thoughtful solutions to the challenges we face in our educational system, and work to see those solutions through.”

Branstad hasn’t named a permanent director for the Department of Human Rights. Today he appointed Danielle Plogmann as interim director. She handled communications for the Republican Party of Iowa during the 2010 election cycle and early this year, until McGee hired her in March to be his executive assistant. Speaking to reporters today, Branstad twice described Plogmann as “loyal”:

“She has worked there, in the department, and I wanted to have somebody that I thought was loyal and somebody that I thought would work well with everybody.” […]

Branstad is interviewing candidates to take over as the director of the Department of Human Rights and he does not anticipate that Plogmann will be more than a temporary agency chief.

“I think this will be fairly short term,” Branstad said. “But I think she is somebody that I think is loyal and competant and can do the job in the short term and we will have a permanent director named in the near future.”

I’m not clear on what Plogmann’s loyalty (to the governor? to McGee’s vision? to Republican values?) has to do with managing the Department of Human Rights. I hope Branstad appoints a permanent director with a bit more relevant experience.

In related news, this week the governor named Michael Mullins to the Iowa Court of Appeals. Mullins is a registered Republican and has served as a District Court judge since 2002. He replaces Edward Mansfield, whom Branstad appointed to the Iowa Supreme Court in February. Mullins was also on the short list of Iowa Supreme Court candidates the State Judicial Nominating Commission sent to the governor.

Incidentally, one of Branstad’s appointees to the State Judicial Nominating Commission was the other person Iowa Senate Democrats declined to confirm. Branstad’s replacement pick for that position was Jim Kersten, whom the Senate unanimously confirmed last month. A Fort Dodge native, Kertsen served as a Republican member of the Iowa House and Iowa Senate and also as an assistant to Branstad during his earlier tenure as governor. Kersten currently works as Associate Vice President of Development and Government Relations at Iowa Central Community College in Fort Dodge. He recently was one of seven heavy-hitting Iowa Republicans who flew to New Jersey to encourage Governor Chris Christie to run for president.