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.

Efforts to move Iowa’s water quality enforcement from the Department of Natural Resources to the Iowa Department of Agriculture and Land Stewardship face an uncertain future in the Iowa Senate after clearing the Iowa House in March.

But even if the DNR retains authority over most of the state’s water programs, the agency will have more trouble assessing the state’s polluted waterways. That became clear yesterday when DNR Director Roger Lande announced more than 100 layoffs, citing anticipated funding shortfalls in the fiscal year that begins July 1. Iowa lawmakers have yet to agree on a 2012 budget, but appropriations for key natural resource programs are almost certain to decline. Lande axed three positions in the DNR’s bureau that monitors water pollution.

Looks like Governor Terry Branstad is getting the “change in attitude” he sought for the DNR. More background and details are after the jump.

Governor Terry Branstad finally announced his choice to head the Iowa Department of Transportation today. Paul Trombino III has been serving as Bureau Director of Transit, Local Roads, Rails, and Harbors for the Wisconsin Department of Transportation. Before this year he was Region Operations Director of the Wisconsin DOT. After the jump I’ve posted the press release announcing Trombino’s appointment, which includes some details on his education and work experience. Trombino’s appointment is subject to Iowa Senate confirmation, but he is well qualified for the job and should not run into any trouble.

I hope that in his new position, Trombino will be able to target state resources toward repairing Iowa’s many deficient bridges and roads, as opposed to spending the lion’s share on new road construction.

I also hope he will help the governor see the benefits of expanding passenger rail in Iowa. Representing the Wisconsin DOT at a high-speed rail conference last year, Trombino depicted passenger rail as part of a “robust, diverse transportation system that meets the public need,” not something to be pursued instead of repairing state highways. (Wisconsin’s Republican Governor Scott Walker rejected federal high-speed rail funding shortly after taking office this year.) Passenger rail was a goal of former Governor Chet Culver’s administration, but Branstad has made clear that roads will be his top concern, funded with a higher gas tax if necessary. Branstad didn’t include any passenger rail money in his draft budget, although he hasn’t definitively rejected federal funds allocated last year to extend a rail link from Chicago to Iowa City. Rail advocates have been working on funding plans that would require certain local communities to cover part of future passenger rail subsidies.

Branstad announced most of his picks to lead state departments in November and December, but he delayed choosing a head for the Iowa DOT. Instead, he asked Nancy Richardson to stay on through the 2011 legislative session. Governor Tom Vilsack originally named Richardson to that position, and she was one of the few Vilsack department heads that Culver left in place.

Branstad’s administration is nearly complete, but he has a few other significant personnel decisions to make. Earlier this month the Iowa Senate rejected his choice to lead the Department of Human Rights and one of his appointees to the State Judicial Nominating Commission. Branstad also needs to fill one more vacancy on the state Environmental Protection Commission. He withdrew one of his nominees to that body after the Sierra Club’s Iowa chapter pointed out the governor’s choices would leave the commission with too many Republican members.

UPDATE: Branstad nominated Nancy Couser for the last open spot on the Environmental Protection Commission. She is a cattle feeder from rural Nevada who also serves on the Iowa Beef Industry Council.  

The Iowa Senate confirmed six of Governor Terry Branstad’s appointees to state offices and boards yesterday, but Democratic senators indicated that two of the governor’s picks may not receive the two-thirds vote needed in the upper chamber. Meanwhile, Branstad suggested at his weekly press conference that race may be a factor in opposition to Isaiah McGee as director of the Iowa Department of Human Rights.

Follow me after the jump for more on who was confirmed yesterday and the battles coming later this week.

UPDATE: On April 12 the Senate rejected McGee as well as William Gustoff, one of Branstad’s appointees to the state Judicial Nominating Commission. Senators confirmed Teresa Wahlert with two votes to spare and three members of the Environmental Protection Commission. Details on the April 12 votes are below.

Overshadowed by other news from the capitol this week, the Iowa House approved the first budget bill of the 2011 session. In keeping with Governor Terry Branstad’s desire to move Iowa to biennial budgeting, the House Appropriations Committee wrote House File 642 to include two years of funding for the Department of Transportation. In most areas of the DOT’s work, House File 642 allocates the same amount of money for fiscal year 2013 (July 2012 through June 2013) as it does for fiscal year 2012 (beginning this July, ending next June).

Since Iowa Republicans have promised countless times not to spend more than the state takes in, it’s important to remember that there are no Iowa revenue forecasts for fiscal year 2013. The Revenue Estimating Conference meets periodically to revise revenue projections for the current budget year and the one to come, but even the most preliminary numbers for fiscal year 2013 have yet to appear. Iowa law restricts general fund spending to no more than 99 percent of projected revenues, but if Republicans who control the Iowa House write the remaining budget bills they way they wrote House File 642, they will have no idea whether they are spending 89 percent or 99 percent or 109 percent of state revenues in 2013. They’ll be making a shot in the dark.

Over the last several decades, many states have moved away from biennial budgeting. It’s hard enough to forecast revenues 12-18 months into the future, let alone for a full year beyond that. Minnesota’s use of biennial budgets is one reason why its fiscal problems during the “Great Recession” were much worse than Iowa’s. But at least in Minnesota, lawmakers have two-year revenue projections to work with when they draft a two-year spending plan. Iowa House Republicans seem ready to take on faith that revenues will be at least as high in fiscal year 2013 as in fiscal year 2012.

State Representative Tyler Olson, the ranking Democrat on the House Appropriations Committee, argued against pulling numbers “out of thin air” for House File 642. During floor debate on March 30, he offered an amendment to make the bill cover one fiscal year instead. His amendment failed on a party-line 58 to 40 vote (pdf). Shortly after, House File 642 passed 60 to 39, with only Democrat Brian Quirk (district 15) joining all Republicans present to vote yes. House File 642 contains a $5.2 million appropriation to replace a facility in New Hampton (Chickasaw County), which is in Quirk’s district.

In the Democratic-controlled Iowa Senate, biennial budgeting will be a tough sell. I expect the Senate Appropriations Committee to strike all fiscal year 2013 appropriations from House File 642. Add this to the list of contentious budget issues that Senate Democrats, the governor and House Republicans must settle during the next month. I have no idea what concessions either side will be willing to make.

Speaking of transportation, Bleeding Heartland readers may recall that Branstad hasn’t yet appointed a new director for the Iowa DOT. Instead, he asked Nancy Richardson to stay on in that role through the end of the 2011 legislative session. Branstad’s spokesman said in December that the administration needed extra time to do a nationwide search for a director. That would be unlike the way Branstad filled other state government positions. Jason Clayworth reported this week that as governor-elect, Branstad interviewed only one candidate for many jobs. Often Branstad overlooked all applicants to choose a person who hadn’t even applied for the position.

“In most cases I sought out people for these positions,” Branstad said. “Some of them applied, but, for the most part, I really went after people who I thought would be the best.”

I still wonder whether Branstad has always had a particular person in mind to run the DOT. Delaying that appointment until after the legislative session would make sense if Branstad’s choice was unavailable until late spring or summer, or was controversial enough to face problems during the Iowa Senate confirmation process.

Governor Terry Branstad’s plan to transform the Iowa Department of Economic Development into a public-private partnership won approval from the Iowa House this week. House File 590 would create an Iowa Partnership for Economic Progress, with three separate boards supervising various aspects of economic development work. Supporters say they have worked to make Branstad’s preferred model more transparent, but its convoluted structure invites the kind of abuses seen in other states where private entities have control over economic development incentives.

More details on House File 590 and its path through the Iowa House are after the jump.

Although the 60-40 Republican majority leaves Iowa House Democrats few opportunities to block legislation, the Democratic caucus has taken a high-profile stands against some GOP proposals this year. House Democrats spoke passionately against preschool cuts in the first major bill of the 2011 session. Democrats fought the GOP’s bill to restrict collective bargaining at public rallies, all night in the House Labor Committee and for days on the House floor. The ranking Democrat on the House Appropriations Committee spoke out against the GOP’s income tax cut bill, and Democrats tried to redirect that proposal toward middle income Iowans.

In contrast, House Democrats have made little noise about bills that elevate the needs of agribusiness over the public interest. Earlier this month, nearly a quarter of the Democratic caucus voted to protect factory farms from undercover recordings to expose animal abuses. I saw no public comments from House minority leaders opposing that bill, which may well be unconstitutional.

Last week state representatives approved House File 643, which transfers several water quality responsibilities from the Department of Natural Resources to the Iowa Department of Agriculture and Land Stewardship. After minimal floor debate, seven Democrats voted with all the Republicans present for a bill that would impair efforts to limit water pollution. I saw no public comments or press releases from House minority leaders criticizing the bill or decrying its passage.

Follow me after the jump for more on House File 643 and its implications.

Last October the U.S. Department of Transportation approved $230 million for passenger rail between Iowa City and Chicago, going through the Quad Cities. However, the November election results placed both federal and state money for that project in doubt.

Follow me after the jump for recent news on prospects for funding the passenger rail link.  

Approximately 7,000 Iowans who have been out of work for at least a year have lost their chance to receive an extra 13 weeks of unemployment benefits at the federal government’s expense. The 2009 stimulus (American Recovery and Reinvestment Act) included a provision “to fund the entire cost of extended unemployment benefits through the end of 2011, rather than requiring states to pay half of the cost.” States with unemployment rates of at least 6.5 percent could qualify for 13 weeks of extended benefits, and states with unemployment rates exceeding 8 percent could qualify for 20 weeks of extended benefits.

Iowa was among nine states that did not pass enabling legislation (a “Total Unemployment Rate trigger”) to take advantage of that portion of the stimulus. Democrats in the Iowa Senate recently approved a bill on a mostly party-line vote and urged the Iowa House to act by March 10. New employment figures to be released on that date were expected to bring Iowa’s three-month average unemployment below the threshold for qualifying for the federal stimulus program. Indeed, Iowa Workforce Development confirmed that the state’s unemployment rate held steady at 6.1 percent in January, bringing the three-month average rate down to 6.1 percent.

Governor Terry Branstad didn’t advocate for the enabling legislation, and House Republican leaders decided not to move the bill:

“[T]he House Republican caucus is not interested in making it harder to be an employer in the state of Iowa,” said House Speaker Kraig Paulsen, R-Hiawatha. “What’s going on with unemployment compensation right now is making it harder to be an employer.”

I believe Republicans misunderstood the essence of this program. As the National Employment Law Project explained in a February report, the stimulus act included full federal funding for these extended benefits. Note: that report estimated that about 29,000 Iowans could potentially receive the 13 weeks of extended unemployment benefits. Iowa Senate Democrats estimated that about 7,000 would qualify. That’s a relatively small percentage of the 102,000 unemployed Iowans, but roughly $14.5 million in benefits divided among 7,000 people would have meant a lot of extra disposable income in communities with high jobless rates.

It’s lamentable that Republicans declined to act on behalf of Iowa’s long-term unemployed. In addition to helping jobless individuals, unemployment benefits have a powerful multiplier effect in local economies, because the people who receive them tend to spend the money quickly on goods and services they could not otherwise afford.

Democrats in the Iowa House and Senate share the blame for not passing the Total Unemployment Rate trigger during the 2010 legislative session. When the stimulus went into effect in 2009, Iowa’s unemployment rate was too low to qualify for that money (though state officials did secure unemployment benefits through a different part of the stimulus). But in early 2010, Iowa’s unemployment rate exceeded 6.5 percent. If the Iowa House and Senate had passed enabling legislation, Governor Chet Culver surely would have signed it, and some jobless Iowans would already have received the extra federal funding.

Clark Kauffman has a interesting story in today’s Des Moines Register about William Gustoff, one of Governor Terry Branstad’s two recent appointees to the State Judicial Nominating commission. Apparently it is unprecedented for an Iowa governor to name an attorney to this commission. Gubernatorial appointees are typically non-lawyers, while the State Bar Association selects lawyers to serve. Kauffman noticed something else I didn’t realize about Gustoff:

Gustoff is among four lawyers representing four Iowans in a federal lawsuit against the nominating commission.

Ironically, one of the claims made by the plaintiffs in that case is that the makeup of the commission – half lawyers, half lay people – is biased against nonlawyers because they have no say in the selection of half the commission.

The lawsuit was first filed in December. In February, it was dismissed by a federal judge who said the plaintiffs failed to show a clear violation of their constitutional rights. An appeal is now pending in the 8th U.S. Circuit Court of Appeals.

Gustoff said that although he is listed as the lead attorney for one of the plaintiffs, his involvement in the case was minimal at first and is almost nonexistent now.

“I’m not really that involved in it,” he said. “I haven’t taken any steps to remove myself from the case as the attorney of record. But I am not admitted to the 8th Circuit Court of Appeals, so I can’t file anything now, and I really have nothing to do with it at this point.”

Gustoff said he’s not a trial lawyer, and his practice is focused on estate planning and nonprofit law. As a result, he said, he will bring to the commission the perspective of an average citizen, rather than that of a typical lawyer.

Asked why, if he specializes in estate planning and nonprofits, he was hired to handle the lawsuit against the commission, Gustoff said he’s not sure. “They got me from somewhere,” he said, laughing. “I don’t know. I never asked them how they got my name.”

Gustoff works in the law firm of Whitaker Hagenow, which is run by Chris Hagenow, a Republican state representative who has sponsored legislation to abolish the Judicial Nominating Commission, and Matt Whitaker, a former Supreme Court applicant who has accused the commission of manipulating the selection of Supreme Court justices.

Neither Hagenow’s bill nor other proposals to change the judicial nominating system made it past the Iowa legislature’s “funnel” deadline last week.

Bleeding Heartland discussed the federal lawsuit against the judicial nominating commission here. The case seems quite weak. It’s telling that the attorneys running the show in this politically-motivated lawsuit selected Gustoff (a partner in a conservative law firm) as opposed to some Iowa attorney with experience in litigation or constitutional law.

Kauffman paraphrases Branstad spokesman Tim Albrecht as confirming that the governor picked Gustoff “because of his conservative leanings.” Branstad’s other appointee to the judicial nominating commission is a non-laywer, Helen St. Clair of Melrose. She is presumably related to Maurice St. Clair of Melrose, who donated about $45,000 to Branstad’s gubernatorial campaign. Most of the remaining members of the judicial nominating commission are registered Democrats.

UPDATE: Nathan Tucker calls Kauffman’s article “journalistic malpractice”. Excerpts from his case are after the jump.

Governor Terry Branstad’s latest executive order gives businesses and their advocates new opportunities to pre-empt government regulation of their activities. The governor’s spin on the new order presents it as a way to meet his administration’s job-creation goals:

“Executive Order Seventy-One will ensure that state government’s eyes are affixed on job creation, retention and development when issuing rules and regulations,” said Branstad. “This rule making process will assist in our administration’s goal of creating 200,000 new jobs and putting the roughly 106,000 unemployed Iowans back to work.”

The executive order will identify policies that hurt jobs before they impact job retention and development. […]

“As we travel the state we have heard Iowans voice their concerns over the burdens of bureaucracy that fails to understand the relationship between excessive regulation and job creation,” Branstad added. “Executive Order Seventy-One encourages a job-friendly environment as we build a strong foundation for the future.”

I’ve posted the full text of Executive Order 71 after the jump. It requires all government agencies to prepare a “jobs impact statement” before adopting any new rules and regulations, and to “minimize the adverse impact on jobs and the development of new employment opportunities before proposing a rule.” Furthermore,

Each Agency shall accept comments and information from stakeholders prior to the Jobs Impact Statement. Any concerned private sector employer or self-employed individual, potential employer, potential small business, or member of the public is entitled to submit information relating to Jobs Impact Statement upon a request for information or notice of intended action by a Department or Agency.

So, the governor is instructing agency employees to make “jobs impact” a greater consideration than other public-interest concerns (for example, reducing air pollution that causes life-threatening and costly illnesses, or restricting lending practices that trap consumers in cycles of debt). Furthermore, agency employees need to hear input from “stakeholders” (businesses and business owners) when drafting the jobs impact statements. Also, certain sectors receive privileged status:

The analysis in the Jobs Impact Statement should give particular weight to jobs in production sectors of the economy which includes the manufacturing, and agricultural sectors of the economy and include analysis, where applicable of the impact of the rule on expansion of existing businesses or facilities.

The likely outcome is that “doomsday scenario” analysis from advocacy groups like the Iowa Association of Business and Industry or the Iowa Farm Bureau Federation will now carry new credibility as part of the official “jobs impact statement” issued by state agencies. Any potential rule that manufacturers or agricultural operators view as too “burdensome” will be discarded, regardless of how many other Iowans might benefit.

For as long as I can remember, industry trade groups and lobbyists have exaggerated the potential jobs cost of regulations ranging from the Clean Air Act to the Americans with Disabilities Act. Meanwhile, no one is calculating the economic impact of, say, preventable respiratory illnesses in communities with high levels of particulate matter in the air, or making Des Moines Water Works customers pay to clean up pollution agricultural producers create in the Raccoon River Watershed.

Executive Order 71 dovetails with other recent Branstad efforts to increase business leverage against government regulations. All four of his appointees to the Environmental Protection Commission have close ties to agribusiness. The governor is also leaning toward moving Iowa’s water monitoring and water quality protection programs from the Department of Natural Resources to the Iowa Department of Agriculture and Land Stewardship.

It was an action-packed week at the state capitol, with Iowa House and Senate committees deciding which non-budget bills merit further consideration and which would be dead for the 2011 session. The full news roundup from the state legislature is coming later this weekend.

Governor Terry Branstad rolled out more than 200 appointments this week. I covered some of them here and here. Look over the governor’s long list and post a comment if I left out any appointees who seem particularly noteworthy.

Here’s an unsurprising story: Senator Tom Harkin is “greatly disappointed” in the White House approach to negotiations over fiscal year 2011 spending:

Harkin said that he objected to the White House’s emphasis on non-security discretionary spending, which is about 12% of the overall budget but has drawn the overwhelming attention of both parties in their efforts to trim the deficit. Neither Democratic or Republican leaders are proposing raising taxes to help bridge the gap. According to Harkin, discretionary spending cuts disproportionately hurt working families by targeting safety net programs and education.

“The White House is wrong on that,” Harkin said. “I want to see proposals like what Bill Clinton did in 1995. He said we’re not going to cut education, we’re not going to cut women, infant, and children programs, we’re just not going to cut those specific things. I want to see the President out there using his bully pulpit…talking about what those specific cuts are out there and then to advocate, saying ‘Look everything is on the table.’” […]

“If we’re going to do this let’s do it fair — one-third mandatory, one-third discretionary, one-third revenue,” he said.

I’m “shocked, shocked” that the Obama administration conceded the heart of the budget cut dispute to the GOP before the serious deal-making began.

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

Governor Terry Branstad announced more than 200 appointees to various state boards and commissions yesterday. He named Dolores Mertz, Brent Rastetter, Eugene Ver Steeg, and Mary Boote to four-year terms on the Environmental Protection Commission.

Mertz retired last year after more than two decades in the Iowa House. She was the most conservative House Democrat and chaired the Agriculture Committee for four years. She was a reliable vote against any attempt to limit pollution from factory farms and regularly assigned such bills to subcommittees that would bury them. Her sons own large hog farms and have been cited for several environmental violations. She also earns income from renting farmland to those operations. On the policy side, last year Mertz fast-tracked a bill that would have undermined new rules on spreading manure over frozen and snow-covered ground. She pushed (unsuccessfully) for a bill that would have given landowners until 2020 to comply with regulations passed in 1997 to prevent water contamination from agricultural drainage wells. Mertz has spoken of her “passion” to advocate for agriculture.

Brent Rastetter gave Branstad’s gubernatorial campaign at least $30,000. He is the owner and CEO of Quality Ag Construction, a company he and his brother Bruce Rastetter created in 1992. Quality Ag Construction’s market niche has been building hog confinement facilities. UPDATE: It’s also worth noting that Bruce Rastetter built a business empire in large-scale hog production and later ethanol. Groups representing agribusiness and biofuels producers are suing the Environmental Protection Commission and the Department of Natural Resources over water quality protection rules.

Ver Steeg was first named to the Environmental Protection Commission by Governor Chet Culver in 2008 for the position on the nine-member body that must be filled by “an active grain or livestock farmer.” Ver Steeg owns a hog farm and is a past president of the Iowa Pork Producers Association.

Boote is a “longtime Republican activist” who founded and runs an organization called Truth About Trade and Technology. The organization’s mission is to “support free trade and agricultural biotechnology.” It is primarily funded by “U.S. agribusinesses, farm organizations and individuals.” Boote has served as executive director of Truth About Trade and Technology for the past decade, so her income depends on the business organizations supporting the group.

Many in the environment-minded community criticized Culver in 2007, when he replaced four strong members of the Environmental Protection Commission with two people who had background in conservation and two who had close ties to agribusiness. Culver later named other supporters of protecting natural resources to the EPC, notably Shearon Elderkin and Carrie La Seur.

I don’t see any balance in Branstad’s appointees. That doesn’t bode well for the future work of the Environmental Protection Commission, charged with providing policy oversight over Iowa’s environmental protection efforts.

After the jump I’ve posted the Iowa Citizens for Community Improvement’s statement on the new EPC appointees. Iowa CCI has sought to monitor compliance with new rules on spreading manure over farmland during the winter.  

Signs of Iowa’s poor water quality are not hard to come by. Our state has more than 400 “impaired waters.” The Des Moines Water Works has the largest nitrate removal system in the world, because “the Raccoon River has the highest average nitrate concentration of any of the 42 largest tributaries in the Mississippi River Basin.” Even so, the Water Works sometimes struggles to handle high levels of blue-green algae (cyanobacteria) in the Raccoon River, forcing the water treatment facility to draw from a secondary source. Iowa watersheds are also a major contributor to the "dead zone" in the Gulf of Mexico, and the nutrients from “Nitrogen and phosphorus pollution from commercial fertilizers and animal manure from farmland were the biggest contributing sources” of the excess nutrients that cause the dead zone.  

Despite those facts, Governor Terry Branstad and many state legislators have claimed the Iowa Department of Natural Resources takes too tough a stand in enforcing pollution rules. Branstad’s draft budget cut funding for the DNR. The department was a frequent punching bag at Republican-led forums around Iowa last month, designed to spotlight supposedly burdensome regulations on businesses.  

Branstad has expressed hope for a “change in attitude” at the DNR. He sent a strong signal by appointing Roger Lande as the new DNR director. Lande is a former head of the Association for Business and Industry and a partner in a Muscatine law firm that has represented the Iowa Farm Bureau as well as corporations like Monsanto.

Announcing Lande’s appointment, Branstad said,

“I can think of no one better to be a steward of Iowa’s precious natural resources than Roger Lande,” said Gov.-elect Branstad. “Roger and his family have long been champions of conservation of Iowa’s rivers, woodlands, greenways, prairies and trails and I am confident that Roger will excel in his new role as head of Iowa Department of Natural Resources.”

Apparently Branstad has now thought of someone better than Lande to handle water quality programs and Clean Water Act compliance: Iowa Secretary of Agriculture Bill Northey. Yes, even though runoff from conventional agriculture is a leading cause of Iowa’s poor water quality, Branstad thinks the Iowa Department of Agriculture and Land Stewardship (IDALS) might be better-suited to handle water monitoring and protection than the DNR. Some Iowa House Republicans are pushing House Study Bill 180, which would transfer the same authority to IDALS. Unfortunately, it won’t be enough to stop this measure in the Iowa House or Senate, because Branstad has the power to transfer functions to Northey’s agency without enabling legislation.

After the jump I’ve posted background on this issue from Iowa Rivers Revival and the Iowa Environmental Council, as well as contact information for state legislators and the governor’s office. The Iowa Environmental Council posted a link to their action alert here.

Iowa already does too little to limit water pollution. If Northey is put in charge of protecting water quality, get ready for more impaired waters and major algae blooms. Northey marches in lockstep with the Iowa Farm Bureau Federation, one of three plaintiffs in a state lawsuit seeking to nullify the most significant water quality rules adopted in Iowa during the past decade.

In related news, the American Farm Bureau Federation has filed a federal lawsuit to stop the Environmental Protection Agency from limiting water pollution in the Chesapeake Bay.

The farm lobby has made it clear it sees the cleanup effort as a harbinger of more far-reaching EPA requirements across the country, including in the Mississippi River basin, where chemical runoff from industrial farms is swept to the Gulf of Mexico. […]

“This new EPA approach will not end with the Chesapeake Bay,” Bob Stallman, the Farm Bureau’s president, said in an address early this month. “EPA has already revealed its plan to follow suit in other watersheds across the nation, including the Mississippi watershed. That is why our legal effort is essential to preserving the power of the states – not EPA – to decide whether and how to regulate farming practices in America’s watersheds.”

Share any relevant thoughts in this thread.

Governor Terry Branstad announced some important personnel decisions in the past few days, naming former State Representative Libby Jacobs to chair the Iowa Utilities Board and three new members of the Board of Regents, including Bruce Rastetter.

Follow me after the jump for more on those and other Branstad administration appointments.

UPDATE: On March 1 President Barack Obama named Branstad to co-chair the Council of Governors, “established by the National Defense Authorization Act in 2008 to strengthen further partnership between the Federal and State governments as it pertains to national security.” Branstad will serve a two-year term as co-chair.

SECOND UPDATE: Branstad announced more than 200 appointments to state boards and commissions on March 2. Bleeding Heartland covered the four appointees to the Environmental Protection Commission here; all have ties to large agribusiness.

Another name that caught my eye was Eric Goranson, a lobbyist and parochial schools advocate whom Branstad named to the State Board of Education. He has been a leading critic of the Iowa Core Curriculum (see here and here). The Under the Golden Dome Blog argues that Goranson’s appointment may violate Iowa code, which states, “A voting member [of the Board of Education] shall not be engaged in professional education for a major portion of the member’s time nor shall the member derive a major portion of income from any business or activity connected with education.” Several of Goranson’s lobbying clients represent religious private schools or Christian home-schooling parents.

THIRD UPDATE: I forgot to mention Branstad’s two appointees to the State Judicial Nominating Commission: Helen St. Clair of Melrose and William Gustoff of Des Moines. I have been unable to find any information about Helen St. Clair, but a Maurice St. Clair of Melrose was among Branstad’s top 20 individual donors, contributing more than $45,000 to the gubernatorial campaign. I assume he is related to Helen St. Clair and will update this post if I confirm that. William Gustoff is a founding partner of the Whitaker Hagenow law firm, which includes Republican former U.S. attorney Matt Whitaker and State Representative Chris Hagenow. Branstad’s legal counsel Brenna Findley also worked at Whitaker Hagenow last year.

Former State Representative Rod Roberts had no experience in staff management or regulation when Governor Terry Branstad picked him to head the Iowa Department of Inspections and Appeals. In fact, Roberts admitted that he hadn’t applied for the position Branstad offered him in early November.

It didn’t take long for Roberts to figure out how to please his boss, who had complained last year about nursing home inspectors’ “gotcha attitude.” The Des Moines Register’s Clark Kauffman reports today,

The Iowa Department of Inspections and Appeals will now have 28, rather than 38, inspectors to monitor the care received by 30,000 residents in the state’s 442 nursing homes.

The reduction comes five months after state officials warned the federal government that a shortage of inspectors had already put Iowa at risk of failing to meet minimum federal standards for overseeing nursing homes.

The cuts will result in annual savings of $125,000 in state salaries. The 10 inspectors were paid a total of about $500,000, but 75 percent of that was paid by the federal government.

“That just shows you that this isn’t about saving money,” said John Tapscott, a former state legislator who now advocates for the elderly.

“This has to do with the fact that the nursing home industry wants less oversight,” he said. “How much clearer can it be that the governor is a pawn of the industry?”

I encourage you to click through and read Kauffman’s whole story. Roberts was a natural pick to pursue the more “collaborative” approach Branstad desires, because he and his wife have direct ties to regulated nursing homes. Roberts also spent a decade serving in the Iowa legislature, where the assisted living industry usually gets what it wants.

Branstad’s record on nursing home regulations was dismal during his previous four terms as governor, and even in recent years inspectors have found it hard to enforce rules for care facilities.  A 2009 Government Accountability Office report described disturbing pressure on Iowa nursing home inspectors (see the references to “State A” on pages 40 through 42 of the GAO report). Reducing the number of inspectors will increase the chance for negligence or maltreatment of residents to go unnoticed and/or unpunished. I would hesitate to move a loved one to an Iowa assisted living facility unless I were able to visit frequently and keep a close eye on conditions.

Given our state’s aging population, Iowa politicians should be demanding more oversight of care facilities. Nearly 15 percent of Iowa residents (roughly 445,000 people) are over the age of 65.  

Matt Schultz took the oath of office this morning in Des Moines, becoming the youngest ever Iowa secretary of state at age 31. Since winning the November election, he has been traveling from Council Bluffs to Des Moines a couple of times per week. Schultz told the Council Bluffs Daily Nonpareil recently that outgoing Secretary of State Michael Mauro has been “very good, very professional” during the transition, treating his successor “with a lot of respect.” (Too bad Schultz’s StopMauro.com website didn’t show the incumbent much respect during the campaign.)

Schultz has hired Story County Auditor Mary Mosiman to run the Elections Division and Jim Gibbons to run the Business Services division. He’s got an extremely busy couple of months ahead, wrapping up his private legal work as his wife expects their fourth child in February.

Schultz said that after the baby is born, he and his wife will decide whether to move the family to Des Moines or keep their home here with him renting an apartment and commuting home on weekends. Until then, he will live in the basement of his parents’ Des Moines home.

“I’m probably the only Secretary of State living in his parents’ basement,” Schultz said.

My unsolicited advice is to move the family to Des Moines. He’ll get to see the kids more, and his wife won’t have to be a single parent Mondays through Fridays. Commuting would make sense if he were a state legislator working in Des Moines only a few months a year, but a four-year term is a long time to keep up that schedule.

As of today, Mauro has a position with Iowa Workforce Development. On May 1 he will become the head of the Iowa Labor Commission.

Secretary of State Michael Mauro announced on December 29 that his office and the U.S. Election Assistance Commission have resolved all outstanding issues related to Iowa’s use of federal Help America Vote Act funds when Chet Culver was secretary of state. A federal audit originally questioned the use of about $2.5 million of the $30 million in HAVA funds Iowa received. By June of this year, federal officials reduced to $576,000 the amount Iowa would have to pay back.  The final agreement reached won’t cost Iowa anything.

For three years, state elections staff have worked to correct a long list of problems in an effort to avoid a large repayment, but federal officials concluded $221,000 in “disallowed costs” couldn’t be fixed or whittled down further.

However, the state won’t have to write a check to repay that money, said Secretary of State Michael Mauro said today.

Mauro asked federal officials to give the state a credit for expenses that were eligible for federal voting funds, but that Mauro chose to cover with state money knowing that questionable spending would likely need to be repaid.

Click here to view final correspondence from the EAC to the Secretary of State’s office. Governor Chet Culver’s general counsel Jim Larew emphasized in a statement that “no federal rules were broken,” and “Most of the federal rules that were interpreted to evaluate the Iowa HAVA program had not even been published by the time Iowa HAVA was completed.”

This settlement wraps up four years of outstanding work by Mauro as secretary of state. He never should have lost his re-election bid.

Last month, Governor-elect Terry Branstad praised Mauro’s work and said he would consider hiring him in his administration. On December 30, the Branstad/Reynolds transition announced that Branstad will nominate Mauro to head the Iowa Labor Commission. Before that term starts on May 1, 2011, Mauro will serve as deputy director at Iowa Workforce Development, beginning January 3.

I’ll post a more extensive update on Branstad’s personnel choices and policy statements in the next few days. After the jump I’ve posted Mauro’s press release and Larew’s statement on the HAVA audit resolution, as well as the Branstad statement on Mauro’s new position, which praised “the fair and even way [Mauro] administered election laws and how he effectively managed the Iowa secretary of state’s office.” No wonder Branstad never did much to help Mauro’s opponent Matt Schultz, in stark contrast to his longstanding and highly visible advocacy for attorney general candidate Brenna Findley.

Last week Larry Noble resigned from the Iowa Senate, effective December 17, because Governor-elect Terry Branstad selected him to be commissioner of the Iowa Department of Public Safety in the next administration. After the jump I’ve posted Noble’s official biography from his campaign website. He is well qualified to lead the Department of Public Safety and will have no trouble winning confirmation from his former Iowa Senate colleagues.

Noble’s resignation leaves Republicans with 22 seats in the Iowa Senate. Democrats are assured of a slim majority in the chamber with 26 seats. A January 4 special election in Senate district 48 will determine the successor to Kim Reynolds, who resigned to become lieutenant governor. Sometime this week, Governor Chet Culver will set a date for the special election to replace Noble. The election will take place within 45 days of Culver’s announcement, probably in late January.

Senate district 35 covers most of the northern half of Polk County (map). It includes the Des Moines suburbs of Ankeny and Johnston, as well as Grimes, Polk City, Alleman, Elkhart and rural areas north of I-80. The area has experienced rapid population growth in the past decade and leans strongly Republican. The seat was last vacant in 2006, when Jeff Lamberti stepped down to run for Congress. Iowa Democrats recruited Ankeny Mayor Merle Johnson and invested heavily in the race, but Noble won by 52 percent to 48 percent in a Democratic wave year. Democrats did not nominate a candidate against Noble when he came up for re-election in 2010. As of December 1, Senate district 35 had 23,450 registered Republicans, 18,065 registered Democrats and 19,017 no-party voters.

So far no one has announced plans to run in Senate district 35. Democrats and Republicans will hold special district nominating conventions to select candidates.

UPDATE: In the comments, Bleeding Heartland user nick29 posted a press release from Jim Gocke, who will seek the Republican nomination for this Senate seat. Gocke is a law partner of Jeff Lamberti.

DECEMBER 23 UPDATE: Culver set the election for January 18.

Governor-elect Terry Branstad has asked Nancy Richardson to remain head of the Iowa Department of Transportation “through the 2011 legislative session.” Governor Tom Vilsack appointed Richardson to head the DOT during his second term; she was one of the few department heads Governor Chet Culver kept in place. A Branstad press release with background on Richardson is after the jump. It says she “is a strong leader and we appreciate her willingness to serve in the administration as we continue our nationwide search for a new director.”

Perhaps Branstad will take several months to consider DOT candidates from around the country, but he hasn’t been using that kind of process for other appointments announced so far. Shortly after the election, he offered the Department of Inspections and Appeals director job to Rod Roberts, who hadn’t even applied for the position, let alone competed against other possible appointees in an interview.

My first thought on hearing the news about Richardson was that Branstad has already decided on a new DOT director, but for some reason that person isn’t available to start the job until the spring. (The Iowa legislature’s 2011 session begins in January; most years, legislators wrap up their work in April.) It could be someone outside Iowa who needs a few months to relocate, or someone who needs to finish a major project in her/his current job, or perhaps a sitting state legislator who doesn’t want to step down until after the session.

Alternatively, Branstad may have someone controversial in mind for the DOT position. State department heads must be confirmed by the Iowa Senate. If Branstad appoints Richardson’s replacement after the session ends, that person will be able to serve on an interim basis until the Senate considers the nomination in early 2012.

UPDATE: Branstad’s spokesman Tim Albrecht told the Des Moines Register, “We do not have anyone lined up at this time. We are still in the midst of our search, and that is not confined to the borders of Iowa. This is going to be a thorough search to find the right individual.” I wonder why Branstad wants a much more lengthy search for this position than for various other important state departments.

While she stays on the job, I hope that Richardson will help persuade Branstad not to back out of a passenger rail project that would connect Iowa City to Chicago via the Quad Cities. Richardson isn’t a visionary for alternative modes of transportation, but she supported the Culver administration’s efforts to promote passenger rail in Iowa. Branstad said he is reviewing the costs and benefits of the project. The federal government has approved $230 million in funding for the Iowa portion of the rail connection. Republican Senator Chuck Grassley has spoken favorably about the project, and Des Moines business leaders hope the Chicago-Iowa City connection will one day be extended through Des Moines and on to Council Bluffs and Omaha.

Republican governors-elect in Ohio and Wisconsin have rejected federal funding for passenger rail projects. That decision is already costing Wisconsin jobs and will cost Ohio economic development opportunities.

Governor-elect Terry Branstad announced yesterday that Brenna Findley will be his administration’s legal counsel. Findley was bound to get a good job in state government, given the national and state Republican money behind her candidacy for attorney general, and the way Branstad promoted her all year long. He also appeared in one of Findley’s television commercials, which he did not do for other down-ticket Republican candidates.

I had heard rumors Findley might be put in charge of the Iowa Department of Public Safety, since her commercials in the attorney general’s race had a strong public-safety angle. On the other hand, the Iowa Senate has to confirm heads of state departments, and some might have questioned Findley’s qualifications for that kind of position.

Findley doesn’t have much experience in the practice of law, but Branstad doesn’t need state senators to confirm his staff appointees. Before running against Attorney General Tom Miller, Findley served as Representative Steve King’s chief of staff for seven years. Earlier this year, she joined a law firm run by former U.S. Attorney Matt Whitaker and State Representative Chris Hagenow, who (like Findley) are both potential Republican candidates for higher office. Branstad’s press release announcing his choice of Findley is after the jump.

The Board of Regents unanimously approved requests last week for 95 sabbaticals in the coming year, to be taken by faculty at the University of Iowa, Iowa State University and the University of Northern Iowa. That number was way down from the 167 sabbaticals approved a few years ago. But Republicans, including the next Iowa House Speaker Kraig Paulsen, had called for a moratorium on sabbaticals to save money.

House Republicans have estimated that eliminating sabbaticals at the regents universities for a year would save taxpayers $6 million. However, “According to the regents, the 95 sabbaticals carry a $422,000 cost for replacement teachers, and last year’s sabbaticals generated $5.2 million in grants.”

Oops. The Republican savings estimate is off by more than a factor of ten. How did that happen? The Iowa City Press-Citizen explains:

[Iowa House Republicans’] projected savings apparently includes salaries that professors will earn whether they are on sabbatical or not.

Great fact-checking there on the House Republican staff. You’ve been circulating this $6 million figure for months, based on a false assumption that if universities stopped granting faculty sabbaticals, they could stop paying those professors’ salaries.

In a rational world, politicians wouldn’t try to micromanage affairs at the state universities, and would recognize their mistake in exaggerating the cost of sabbaticals. But Republicans have found an issue with a lot of symbolic punch. Like Paulsen says, “Why should the taxpayers of Iowa be paying to basically give these folks a year off from teaching?” Good universities have controls to ensure that faculty have research and publications to show for their sabbatical time, but the breaks from teaching can easily be portrayed as a big paid vacation for elitist eggheads.

Steve Kettering, who will be minority whip in the Iowa Senate, told the Press-Citizen that the regents’ vote on sabbaticals “is a thumb in their eye […] It just furthers the distance the people of Iowa feel about their universities. There is just a difference between the lives Iowans lead and the lives of the people in the university sector.” Kettering said legislators may respond either through reducing appropriations to the regents universities, or by passing a law to stop sabbaticals. I don’t think Republicans would be deterred by a Legislative Services Agency analysis showing the cost savings in the range of a few hundred thousand dollars, rather than the $6 million Republicans dream of.

Under Democratic control, the Iowa Senate probably would not pass a specific law halting sabbaticals, and senators would resist deep cuts to the regents universities’ budgets. However, if the Republican-controlled House appropriates far less to the universities, citing the regents’ failure to control costs, the final budget deal struck between the state senators and representatives could end up reducing appropriations by a lot more than the true cost of sabbaticals. The three state universities’ operating request for fiscal year 2012 is about $639 million.

A related concern is that yet again, we learn that a Republican proposal to save millions of taxpayer dollars isn’t supported by facts. Paulsen has made big promises about cutting hundreds of millions of dollars from the state budget in the current year and beyond, in order to pay for GOP tax-cutting plans. Where will that money come from? Laying off some state employees and axing a few Democratic initiatives, like the Power Fund and voluntary preschool for four-year-olds, won’t add up to enough in savings. Significant cuts to higher education may be on the way, and the Board of Regents could become the scapegoat.

LATE UPDATE: University of Iowa President Sally Mason and P. Barry Butler, the university’s interim executive vice president and provost, published a guest column in the December 28 Des Moines Register defending “career development assignments.” Excerpts are after the jump.

Governor-elect Terry Branstad announced today that ophthalmologist Dr. Mariannette Miller-Meeks will run the Iowa Department of Public Health in his administration. A press release noted that Miller-Meeks “has served as the first woman President of the Iowa Medical Society and was the first [woman] on the faculty in the Department of Ophthalmology at the University of Iowa and councilor for Iowa to the American Academy of Ophthalmology.” Miller-Meeks was the Republican nominee in Iowa’s second Congressional district in 2008 and 2010. She worked hard during both campaigns but lost to Dave Loebsack in Iowa’s most Democratic-leaning Congressional district.

Also on December 9, Branstad announced that he will tap Chuck Palmer to head the Department of Human Services in his administration. Palmer did that job during Branstad’s previous time as governor from 1989 to 1999. Most recently he has been president of Iowans for Social and Economic Development, “an asset development organization with the mission of creating opportunities for low and moderate income Iowans to increase income and achieve financial stability.”

Branstad has pledged to reduce the size of state government by 15 percent, and keeping that promise would likely require significant cuts in the departments Miller-Meeks and Palmer will be running. The current budget (fiscal year 2011) allocated $935.5 million from the general fund to health and human services. That’s 17.7 percent of the general fund budget alone, or 15.9 percent of total state expenditures, including federal stimulus money and reserve funds as well as general fund spending. More than $200 million in federal stimulus money supported Iowa’s Medicaid budget in the current budget year, but similar support won’t be forthcoming in future years now that Republicans have a majority in the U.S. House of Representatives.

Branstad administration press releases on Miller-Meeks and Palmer are after the jump.