As the Iowa Legislative Session comes to a close (or maybe not…) – one of Governor Branstad's top priorities is struggling to stay alive.  Bullying prevention efforts have gained bipartisan support over the last few years as leaders from both parties have heard the demands of their constituents for more work to be done protecting Iowa's kids.  Let's take a look at this year's bullying bill and what happened to a policy item that every major education organization and several other leaders in school issues supported.  

So you want to run for political office?

I’m going to assume that you’re sincere in your professed desire to Make A Difference, and that you truly believe you can Do Better Than the Other Guy/Gal. You seem knowledgeable and eager to get to work. Still, I have some questions for you.

The Iowa legislature’s 2015 session drags on amid unresolved conflict over various budget issues, especially K-12 school funding. But one aspect of the lawmakers’ work is complete for this year. The Democratic-controlled Iowa Senate has confirmed all but one of Governor Terry Branstad’s more than 200 nominees. The overwhelming majority of those votes were unanimous or nearly so.

In recent years, senators have voted against confirming one or two Branstad nominees. This year no nomination failed on the Iowa Senate floor, and only one department head was ever in real danger of not being confirmed to do his job: Department of Human Services Director Chuck Palmer.

Branstad has occasionally withdrawn nominees who didn’t have support from the necessary two-thirds majority in the Iowa Senate. This year the governor didn’t need to exercise that power, although he sidestepped a near-certain rejection by accepting Teresa Wahlert’s resignation in January, rather than reappointing her to run Iowa Workforce Development. In addition, Iowa Law Enforcement Academy Director Arlen Ciechanowski recently announced plans to retire, tacitly acknowledging the votes weren’t there to confirm him.

Follow me after the jump for background on the controversies surrounding Palmer and Ciechanowski and details on Palmer’s confirmation vote–the closest call by far for any Branstad appointee this year.

Iowa policy wonks have every reason to be discouraged lately about the frozen-in-place, do-little state legislative session. Looking on the bright side, a fantastic new resource on state administrative rules appeared this week.

The Office of the Chief Information Officer launched the Iowa Administrative Rules website on Monday. The site is easy to navigate. A FAQ page explains the basics about the rulemaking process and public comments. Rules currently open for comment are right there on the front page. Clicking on any specific rule brings up the full text, contact information for the relevant state agency, details on upcoming public hearings, and the closing date for comments on the proposal. This website should make it easier for politically-engaged Iowans to understand and participate in making state regulations. It’s a good companion to the Iowa legislature’s official website, which is user-friendly and updated frequently (though it could be more readable).

I had to laugh at a few comments in the press release announcing the new website, enclosed after the jump. Governor Terry Branstad couldn’t resist taking a swipe at “burdensome rules” and “overregulation,” a bugaboo for him. Meanwhile, Lieutenant Governor Kim Reynolds (yes, the relentless branding of Branstad-Reynolds as a single unit continues) pegged the website launch to other “transparency” measures, including visiting all 99 Iowa counties every year.

I strongly disagree with the governor’s general view that business groups need more power over state regulations. The new process Branstad created has allowed a small but powerful group of business owners to torpedo a rule protecting the public interest in preserving topsoil and clean water. Branstad also intervened to undermine an electrical inspections rule designed to prevent fires in farm buildings. That said, the Iowa Administrative Rules website was a great idea, well-executed. Whoever developed the site for the Office of the Chief Information Officer deserves credit.

Former state lawmaker Ed Fallon is in police custody tonight after he refused to leave Governor Terry Branstad’s office at the close of business today. Fallon went to the governor’s office this afternoon demanding a meeting to discuss “eminent domain legislation that would help landowners along the path of the Bakken Oil Pipeline.” More details are in a press release I’ve enclosed after the jump. Branstad’s legal counsel Michael Bousselot came out to talk with Fallon, who insisted on a meeting or phone conversation with the governor himself. Brianne Pfannenstiel reported for the Des Moines Register,

When the statehouse closed at 5 p.m., Iowa State Patrol troopers approached Fallon and asked if he would be willing to leave, or be arrested for criminal trespassing. Fallon declined to leave, so he was escorted out of the building and arrested outside.

A supporter posted on Facebook this evening that Fallon has a “jail support team attending to all his needs” and “will probably be released sometime tomorrow.” When Fallon served in the Iowa House from 1995 through the 2006 session, land use issues were a focal point of his legislative efforts. During and since that time, Fallon has opposed various proposals to use eminent domain to seize farmland for use in for-profit ventures. Earlier this year, he walked from the southeast corner of Iowa to the northeast corner along the proposed pipeline route to raise awareness and mobilize landowners and others who oppose the project. The No Bakken website and Facebook page represent a coalition of some two dozen non-profit groups that oppose the project.

The eminent domain bill Fallon wants Branstad to support is Senate File 506 (previously Senate Study Bill 1276), which passed the Iowa Senate Government Oversight Committee on May 6 with support from Democratic State Senators Rob Hogg, Brian Schoenjahn, and Kevin Kinney, and Republican Jack Whitver. Branstad warned state lawmakers in January not to “get politics into this” debate over the pipeline. The governor wants to leave the decision to the Iowa Utilities Board, which is considered likely to approve the pipeline. The Sierra Club Iowa chapter plans to fight the project before every state and federal agency that would be involved.

UPDATE: Fallon was released from jail the same evening he was arrested. In a press release I’ve posted below, he says he’s due in court on May 27 and hasn’t decided “what legal route to take yet.”

Governor Terry Branstad is forging ahead with some major policies he didn’t campaign on last year, oblivious to concerns about the impact on Iowa’s Medicaid recipients and people served by two mental health institutions the governor wants to close.

According to Public Policy Polling’s latest Iowa survey, the governor’s plans are deeply unpopular.

A little Iowa House dustup surfaced in social media last week. Susan Staed, who clerks for her husband, Rep. Art Staed, reported on her Facebook page and on Bleeding Heartland about complaints from the chief clerk of the House that she was taking pictures from the House floor – in violation of a House rule.

Seems the House has a seldom-enforced rule that – while photos may be taken from the gallery or press box at virtually any time – they may not be taken from the House floor without permission of those in the photo, and never during a vote.

My, aren’t we sensitive.

When I was a child, I hated getting my picture taken. An infamous family photo taken at an older sister’s wedding is of the entire family grouped together, grinning for the professional photographer – except 10-yr-old me. I have a scowl on my face big enough to scare away the Dalai Lama. Not sure how old I was before I quit hiding when mom or dad yelled, “Family picture time!”, but eventually I overcame the low self-esteem and painful shyness that dominated adolescence.

40 years later, it’s more than a little ironic that one of my duties as Art’s clerk is to photograph his legislative day. After winning re-election, Art decided to document the process involved in how our laws are made. This means a gazillion pictures of meetings with constituents one-on-one, pictures of group meetings, pics of sub-committees, full committees, and ultimately pictures of House debate.

Last week, after taking pictures of various representatives during floor debate on education, I returned to my seat next to Art’s. The Chief Clerk came out of the Well (rather unusual during floor action, but House Leadership told her not to wait), up to my desk and told me not to take pictures of individual reps unless I had their permission – per House Rules.

Longtime Republican Polk County Supervisor Robert Brownell apologized this week for calling Democratic State Senator Tony Bisignano names in an e-mail to seven Iowa House Republicans.

Such classless behavior is unbecoming an elected official, but Brownell’s faulty political analysis is perhaps more shocking. In the controversial e-mail, Brownell speculated that Republicans could retake the Iowa Senate majority in 2016 if State Senator Matt McCoy decides to run for Congress.

Sorry, no.  

Nearly a week after the deadline for school districts to certify their budgets for the coming year, Iowa lawmakers are still not close to a deal on K-12 education funding. Some 300 teachers have been laid off in anticipation of no increase or only a minimal increase in state aid.

Statehouse Republicans who are resisting the obvious compromise on school funding claim Iowa doesn’t have the money Democrats want to spend on K-12 schools, let alone the amount educators asked for. Reality: money could be found for an adequate increase in state aid to schools if not for an expensive commercial property tax cut lawmakers approved two years ago, adding some $277 million in fiscal year 2016 alone to other costly tax breaks for Iowa business interests.  

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

I just caught up on some recent remarks by Iowa’s Republican National Committeewoman Tamara Scott. In addition to representing Iowa on the RNC, Scott lobbies the state legislature on behalf of Bob Vander Plaats’ FAMiLY Leader organization and leads the Iowa chapter of Concerned Women for America, an influential group on the religious right. She was speaking at the FAMiLY Leader’s southeast regional summit on April 9, an event four potential GOP presidential candidates attended. Scott used the Wiccan invocation that stirred controversy in the Iowa House to make a case for more public expressions of Christianity, including teaching the country’s dominant religion in public schools. (Scott has frequently advocated school prayer and alleged that various societal problems stem from removing Christian prayers from public schools during the 1970s.) Miranda Blue covered the FAMiLY Leader regional summit speech for Right Wing Watch; some excerpts are after the jump. For video of all speeches from the regional summit, click here.

I am continually struck by how clueless social conservatives are about the separation of church and state. Though Scott does not acknowledge this legal reality, the First Amendment to the U.S. Constitution prohibits the government from promoting any specific religious viewpoint. Every time a prominent Republican demands more government expressions and endorsements of Christianity, they are driving away Jews and probably members of other minority religious groups too, not to mention the growing number of Americans who do not identify with any religion.

In a fantastic column for the Cedar Rapids Gazette, Lynda Waddington offers her own Christian perspective on Scott’s prayer for a storm to disrupt the Wiccan invocation. I’ve enclosed excerpts below, but you should click through to read the whole piece. All I can say is, that Cabot witch sure demonstrated some amazing powers.

to make other people act like idiots.

I didn’t think anything could top some people’s freak-out over atheist ads on Des Moines buses, but the reaction to yesterday’s Wiccan invocation in the Iowa House is a contender.

Iowa received some some unflattering national media coverage this year after the Dubuque City Council banned sledding at most city parks, out of what many considered excessive fears about litigation.

A law Governor Terry Branstad signed yesterday should bring joy to thousands of Iowa sledders next winter.  

Iowa legislative leaders like to boast about how well they work together, in contrast to the “gridlock” seen in Washington when different parties controlled the upper and lower chambers of Congress.

Yet Iowa lawmakers can be remarkably slow to move toward obvious solutions to some disagreements. Less than two weeks before school districts need to adopt budgets covering the 2015/2016 academic year, Iowa House Republicans and Senate Democrats are nowhere close to a deal on K-12 school funding. What is their problem?  

After analyzing video data from roughly 1,700 crashes, University of Iowa researchers determined that “distracted driving contributes to nearly 60 percent of car crashes involving teen drivers” between the ages of 16 and 19. That’s a far higher figure than previous studies have indicated. The findings are significant because although teenagers drive less than most other age groups, “their numbers of crashes and crash deaths are disproportionately high.”

The full report, “Using Naturalistic Driving Data to Assess the Prevalence of Environmental Factors and Driver Behaviors in Teen Driver Crashes,” is available here (pdf). Some highlights are here and after the jump, along with more details about the methodology.

Interacting with passengers in the car and talking or texting on a cell phone were among the most common distractions preceding teen driver crashes. Proposed legislation to ban most cell phone use while driving did not make it through the Iowa legislature’s “funnel” this year, so it’s up to parents to help address the problem by voluntarily not texting or carrying on phone conversations while they drive.

Heather Matson announced today that she will run for Iowa House district 38 in 2016. To my knowledge, she is the first Democratic challenger to declare against an Iowa House incumbent.

The district should be competitive, and Matson and four-term State Representative Kevin Koester each bring strengths to the campaign. After the jump I’ve enclosed a district map, recent election results and voter registration data, and background on both candidates.

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

The most important Iowa political story of the week was state Republican leaders hounding consultant Liz Mair out of a job with Scott Walker’s PAC. Colin Campbell compiled Mair’s tweets about the episode for Business Insider, and they are well worth reading. I’m still annoyed by the collective Republican temper tantrum and the Des Moines Register’s pandering.

A different Iowa political event drew even more attention, though, including a segment on ABC’s Good Morning America show. The fateful photo of Republican State Representative Ross Paustian might have been a footnote to a long Iowa House debate on a collective bargaining bill. But because the lawmaker was apparently reading a book called Sex After Sixty, the photo went viral and could easily become what Paustian is most remembered for when his political career is over. I enclose below background, Paustian’s explanation and a few thoughts on the sometimes cruel nature of politics.

When State Senator Brad Zaun came out “110 percent” behind Wisconsin Governor Scott Walker for president recently, I inferred that Zaun probably won’t run for Congress again. But this week the Urbandale Republican told the Des Moines Register that he is keeping “all my options open” regarding a primary challenge to Representative David Young.

Iowa Republicans aren’t in the habit of seeking my advice, but for what it’s worth: Zaun should stop dreaming about representing the third Congressional district.

Seeking to address a problem that has grown along with absentee voting, Iowa House Republicans approved a bill yesterday to set new restrictions on which mailed ballots may be counted. Backers said the change would provide more consistency to the system. But the change may not reduce the number of ballots tossed out every election year.

Following up on this post from last month, the latest version of a state constitutional amendment restricting marriage to one man and one woman in Iowa is dead for this legislative session. House Joint Resolution 4 didn’t make it so far as a subcommittee hearing, let alone passage by a full committee before the “funnel” deadline late last week.

Iowa House Judiciary Committee Chair Chip Baltimore never assigned the bill to any subcommittee. When I asked him about the status of the bill on February 24 (a month after the bill was introduced), Baltimore’s response was telling.

At least 40,000 Iowans are in danger of losing their health insurance later this year, and not only because of the King v Burwell case before the U.S. Supreme Court. Regardless of how justices decide that case, Iowans could lose access to federal subsidies they need to buy insurance policies.

State legislators and Governor Terry Branstad could eliminate the risk by working together to establish a fully state-run health insurance exchange this year. But for reasons I can’t comprehend, I see no sense of urgency to prevent a potentially devastating outcome for thousands of families.  

Iowa Senate Ways and Means Committee Chair Joe Bolkcom has introduced a bill to make medical marijuana more broadly available to Iowans suffering from life-threatening or chronic illnesses. Senate Study Bill 1243 would allow the possession and use of medical cannabis (not just the cannabis oil derivative legalized last year) for any of the following “debilitating medical conditions”: cancer, multiple sclerosis, epilepsy, AIDS or HIV, glaucoma, hepatitis C, Crohn’s disease or ulcerative colitis, Amyotrophic lateral sclerosis (often known as Lou Gehrig’s disease), Ehlers-danlos syndrome, or post-traumatic stress syndrome. Scroll to the end of this post for a detailed summary of the bill.

The latest Des Moines Register poll by Selzer & Co indicates that 70 percent of Iowans favor allowing medical marijuana use. Yet Iowa’s new law allowing cannabis oil treatments has yet to benefit a single patient. Nevertheless, persuading Iowa House Republicans and Governor Terry Branstad to legalize marijuana for additional medical conditions may be an uphill battle. Follow me after the jump for more background on this issue, and excerpts from recent testimony before members of the Iowa Senate.

The proposed Bakken pipeline is one of the most urgent issues facing Iowa’s environmental community. The Texas-based company Energy Transfer Partners wants to build the pipeline to transport crude oil from the Bakken oil fields in North Dakota to Illinois, crossing eighteen Iowa counties in the process. Governor Terry Branstad has made clear he won’t support any legislative action to stop the pipeline. That will leave the initial decision up to the Iowa Utilities Board, though approval by other state and federal agencies would be needed later; more details on that are below.

Two dozen non-profit groups have formed a coalition to fight the pipeline. You can keep up with their work on Facebook or at the No Bakken website. I’m active with several of the coalition members and enclosed the full list after the jump. The Sierra Club’s Iowa chapter outlined some of the key concerns concisely and explained how members of the public can submit comments.

Former state legislator Ed Fallon, who ran for governor in 2006 and for Congress in 2008, is kicking off a 400-mile walk along the proposed pipeline route today, starting from southeast Iowa and heading northwest over the next several weeks. I’ve enclosed below an excerpt from his first e-mail update about the walk, in which Fallon recounts a conversation with Lee County farmers whose land lies along the proposed pipeline route. Click here to view upcoming events, including a public meetings for residents of Lee County this evening, for Van Buren County residents in Birmingham on March 5, and for Jefferson County residents in Fairfield on March 6.

The latest Iowa poll conducted by Selzer & Co for the Des Moines Register and Bloomberg Politics found that a majority of Iowans support the Bakken pipeline, but a larger majority oppose using eminent domain to seize land for the pipeline. Excerpts from the Iowa poll findings are at the end of this post.

Any relevant comments are welcome in this thread.

P.S. – The company that wants to build the pipeline has claimed “the project would have an Iowa economic impact of $1.1 billion during two years of construction, creating enough work to keep 7,600 workers employed for a year.” Economist Dave Swenson explained here why such estimates are misleading.

Many Iowa GOP activists are upset that dozens of House and Senate Republicans voted to increase the gasoline tax this week. WHO drive-time radio host Simon Conway has been bashing some legislators who voted for the gas tax hike. He’s also urging listeners to “ditch the GOP” by changing their party registration.

Such symbolic acts mean little to compared to what Eric Durbin did yesterday. Appearing on Conway’s Thursday afternoon broadcast, he announced that he will challenge nine-term incumbent GOP State Representative Clel Baudler in Iowa House district 20. Durbin narrowly lost the GOP primary in House district 26 last year, but he recently moved his family from Indianola to a farm in Baudler’s district. His campaign is on Facebook here; at this writing, the website still lists House district 26, which covers most of Warren County. I assume that will be changed soon. Durbin’s core issues hit many of the top priorities for conservatives.

House district 20 covers Guthrie and Adair counties, plus parts of Dallas and Cass counties. A detailed map is after the jump. According to the latest figures from the Iowa Secretary of State’s office, House district 20 contains 4,629 active registered Democrats, 6,471 Republicans, and 7,490 no-party voters. Although Mitt Romney just barely carried this district in the 2012 presidential election, Baudler was re-elected by more than a 2,000 vote margin that year and last November. For those reasons, Baudler is probably at more risk from a primary challenger than from a Democrat in the next general election.

Among the longest-serving Iowa House Republicans, Baudler was first been elected in 1998. He has chaired the House Public Safety Committee since 2011. Although he’s a longtime member of the National Rifle Association’s board of directors, Baudler drew the ire of some Iowa gun rights activists by not advancing a gun bill during the 2012 legislative session. Nevertheless, he didn’t face a primary challenger either that year or in 2014. The Iowa Gun Owners group will likely get behind Durbin’s primary challenge. I wonder whether anti-tax groups like Iowans for Tax Relief and Americans for Prosperity will do much to punish the incumbents who went against them on the gas tax issue.

Any relevant comments are welcome in this thread.

When I am not a moderatepachy, I am a lawyer.  The majority of my practice is as defense counsel in civil litigation.  Sometimes, the job is rewarding, especially when you win in lawsuits initiated by lawyers who advertise like this (disclosure: I have never opposed them, but I hope to one day, and win).  Other times, the job causes headaches, because my job is to to be a skeptic.

Recently, I went to the Iowa State Senate to talk about this proposed legislation.  SF107 extends the Statute of Limitations for filing civil (and criminal) actions relating to sex abuse of a child.  You can read an 80% accurate depiction of the Senate Subcommitte hearing here.  Believe this moderatepachy, the testimony from the survivors was passionate.  Petrovsky omitted that another survivor of abuse, John, gave compelling testimony.

What Petroski also missed is that the bill would allow suits within 25 years of the “discovery” of abuse by the alleged victim.   In other words, the 60+ year old senior partner at my firm could “discover” tomorrow that he had been abused as a child, and he would have 25 years to file suit… imagine a lawsuit filed in 2039 for something that allegedly occurred during the LBJ administration.   (No doubt Hillary Clinton's granddaughter and Ted Cruz's son will yell at one another about the lawsuit one day on Fox News' “Hannity & Son”).

The sensitive and difficult nature about these types of suits is touched on here by the Iowa Catholic Conference; the Catholic church has a dog in this fight for obvious reasons I need not explain.

Besides those, the reality is that most abusers do not have any money; but insurance policyholders do.   The gimmick, then, is that one sues the abuser… but also wherever the abuser taught, worked, and preached, under a theory that supervisors are liable for whatever their subordinates do.  Imagine the changes that occur in 4 years (the Statute of Limitations right now) in a business, school, or church.  Records, witnesses, memories… gone.  Just like plaintiffs, defendants have a right to a fair trial.  How can one defend against an alleged wrong that occured 30, 50, or 70 years ago?

After the victims testified, it was clear that Senator Petersen (D, SD-18) urgently wanted to move the bill forward.  The defense bar hopes that cooler heads might prevail in the House.  Last year, similar legislation died in a Senate subcommittee.  To oppose this bill is tricky; to be seen as “against” abuse victims is to be seen as tacitly “supporting” abusers.    

What is interesting is that the lobbyist declarations have not been very active; certainly there are other things that keep our legislators busy, and in same cases, motivate our legislative leaders to cave to Farm Bureau pull members of their own caucus off of committees to get things done.

I urge any other Bleeding Heartland readers, if you hear about legislation you might not like, figure out a way to find it, found out who supports it, and share your view with your legislators.    

This moderatepachy may have further updates and hopes to give readers more insights in the legislative sausage being made.  Moderatepachy would also like to salute the work of desmoinesdem, for creating an incredible local resource on Iowa politics.  It smarts that the analysis and writing in this blog and another (D)'s usually has more context, statewide scope, and humour (say it with a British or French accent to justify my misspelling), than the flagship for my party.   

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

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

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

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

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

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

Iowa House and Senate members have taken several steps toward raising the state gasoline tax for the first time since 1989. Follow me after the jump for details on where the legislation stands and the latest signals from the governor.

One big political question was answered today, as House Speaker Kraig Paulsen not only endorsed the gas tax bill but personally intervened to make sure it would clear the House Ways and Means Committee. His support may bring some reluctant House Republicans on board. Conservative advocacy groups such as Americans for Prosperity and Iowans for Tax Relief are pushing hard against any gas tax increase. Governor Terry Branstad or Iowa Senate Minority Leader Bill Dix appear ready to back this bill but may need to spend more political capital to get it passed.

Two important policy questions remain unanswered. First, what will be done to lessen the blow on low-income Iowans, who would be disproportionately affected by any increase in a regressive tax? Iowa’s tax system is already stacked against people with lower incomes.

Second, will the gas tax hike turn out to be a giant bait and switch? From business groups to road builders to heavyweights in the agricultural sector, advocates of a tax increase cite the poor condition of many Iowa roads and bridges. However, to my knowledge the pending legislation would not guarantee that any new Road Use Tax Fund revenues from gasoline taxes or vehicle fees be spent on repairing torn-up roads or structurally deficient bridges. Unless “fix it first” language or a change to the funding formula is added to the bill, the lion’s share of additional revenues from a gas tax hike could go toward building new roads or new lanes on existing roads, such as U.S. Highway 20 in northwest Iowa or any number of local “economic development” projects. If crumbling roads and bridges are used to justify a gas tax hike, lawmakers should stipulate that most of the new money raised would go toward existing infrastructure rather than new roads and lanes, which only increase future maintenance costs.  

Four years ago, Republicans rushed to pass a state constitutional amendment restricting marriage to one man and one woman within weeks of regaining control of the Iowa House. Every member of the GOP caucus was on the same page.

Two years ago, the marriage amendment failed to come up for a vote in the Iowa House, but a majority of Republican lawmakers still co-sponsored the legislation.

Now, signs point to Iowa House Judiciary Committee Chair Chip Baltimore letting the marriage amendment die quietly, as he did in 2013. Fewer than a quarter of the 57 House Republicans signed on to the latest effort to turn back the clock on marriage rights. At the same time, only one GOP lawmaker is “loud and proud” about supporting the right of all Iowans to marry the person they love.

Follow me after the jump for a breakdown of where Iowa House Republicans stand on the “traditional marriage” amendment, and speculation on why so many of them aren’t trying to pass it anymore, even though they ostensibly don’t support LGBT marriage rights.  

Lawmakers from the two parties remain far from consensus on high-profile tax and budget questions, but the Iowa legislature has unanimously approved its first tax bill of the 2015 session. Senate File 126 (full text here) passed the Iowa Senate by 49 votes to 0 on February 4 and passed the Iowa House by 95 votes to 0 today. It “conforms Iowa’s revenue laws to incorporate federal changes” made during 2014. O.Kay Henderson reported for Radio Iowa,

The bill would extend a tax break to Iowa business owners, allowing them to claim the first half a million dollars worth of new equipment purchases as a tax deduction for the business. It also allows Iowa teachers to claim a tax credit for up to $250 for the supplies, equipment and materials used in their classroom.

Unlike most bills, which take effect on July 1 (at the start of the next fiscal year), SF 126 “takes effect upon enactment” and “applies retroactively to January 1, 2014, for tax years beginning on or after that date.” The fiscal note indicates that this bill will reduce state tax revenue by $98.98 million in the current fiscal year. About $83.5 million of that comes from one part of the bill:

Of the extended provisions, the most significant from a fiscal impact perspective is the extension of favorable depreciation expensing known as “Section 179 expensing.” This provision allows business taxpayers (including corporate taxpayers and business entities taxed through the individual income tax) to write off additional depreciation in the year a qualified depreciable asset is placed in service. Since the provision accelerates the claiming of depreciation, the provision reduces taxes owed in the first year, but increases taxes owed in later years.

Looking through the lobbyist declarations, I didn’t see any lobbyists registered against this bill. The Iowa Society of Public Accountants, Deere & Company, Iowa Community Foundations, and the Iowa Farm Bureau Federation all registered in favor. Speaking to Radio Iowa, Republican State Representative Chris Hagenow said certified public accountants and tax preparers had told lawmakers “this is a priority for them” to provide “certainty” going into tax season.  

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

Both in the “real world” and on social media, it seems like everyone I know is talking about the controversy over mandatory vaccinations in light of the current measles outbreak. Following up on yesterday’s post about some Republican presidential candidates’ comments, here are more related links:

Over at Iowa Starting Line, Pat Rynard compiles reaction from other GOP presidential hopefuls, including Ben Carson, Bobby Jindal, Marco Rubio, and Ted Cruz. (Scot Walker also issued a strong pro-vaccination statement.) Rynard sees Christie and Paul getting “burned” on an issue they didn’t handle well. I’m not so sure. Social conservatives do not agree with big government imposing its judgment on any aspect of child-rearing. Arguably Christie has no hope with that crowd anyway after signing the New Jersey law that banned gay conversion therapy for teenagers, but Paul has a shot with them.

A nurse-practitioner who survived measles as a child wrote this open letter to parents who aren’t immunizing their children.

I believe it’s a huge mistake to discount anti-vaxxers as “anti-science.” I have encountered hundreds of parents who opt against vaccinating and talked with many of them about why we choose to vaccinate our children. My impression is similar to what German Lopez wrote after interviewing a prominent anti-vaccine activist:

Vaccine skeptics do think they believe in scientific evidence. They can cite dozens of studies and cases. They see themselves as the side in this debate that’s actually following the evidence, while the pro-vaccine side is blindly trusting in authority and ultimately getting taken in by a massive pharmaceutical scam.

I also believe that images and accounts of vaccine-injured children (yes, there are some adverse reactions) evoke such a powerful emotional response that it becomes difficult for many parents to imagine deliberately injecting a vaccine into their child. Statistically, every time you put your baby in a car and drive somewhere, your baby is at greater risk of serious injury than when getting a shot at the doctor. Statistically, the number of lives saved by vaccinating against diseases like HiB and meningitis vastly outnumbers the serious adverse reactions to vaccines. But in all the times I have used those arguments, I don’t think I have ever convinced a single skeptical parent to start vaccinating.

Since the year 2000, a growing number of Iowa families have sought medical or religious exemptions from state vaccination requirements. The Des Moines Register reports that there are no efforts in the Iowa House or Senate to tighten the rules on vaccine exemptions. Governor Terry Branstad is also satisfied with current policy, according to a statement from his office.

Iowa Senate Majority Leader Mike Gronstal celebrated his 65th birthday on January 29. The Des Moines Register’s William Petroski caught up with Gronstal after fellow senators sang “Happy Birthday” and confirmed that the longtime Democratic leader has no plans to retire. He’s up for re-election next year in Senate district 8, covering the Council Bluffs area and Carter Lake (scroll to the end of this post to view a detailed map).

Now that Tom Harkin has retired, Gronstal may be the Iowa Democrat whom Republicans most love to hate. But I have news for them: he’s going to win another term in 2016, and here’s why.

For the past several legislative sessions – a bully bill in some form or another has been proposed and supported by Governor Branstad.  In each session, the bill has taken on many different forms and have gone from extreme (license to bully provision) to this year's shocking development.

Read on for the latest in the Governor's proposed 2015 Bully Free Iowa Act.  

Iowa Supreme Court Chief Justice Mark Cady delivered his annual State of the Judiciary address to Iowa House and Senate members this morning. The full text is available here (pdf), and I’ve posted important sections after the jump. Cady hailed progress the court system is making on helping Iowa children and improving efficiency and transparency. He described ongoing initiatives to improve how Iowa courts handle family law cases and review guardianship and conservatorship laws and procedures. Cady also asked lawmakers to appropriate 4.7 percent more funding for the court system in the next fiscal year.

Cady cited recent work within the judicial branch to “better understand and address the persistence of racial disparities” in the criminal justice system–a longstanding problem in Iowa. I enclosed below reaction from Assistant House Minority Leader Ako Abdul-Samad. Abdul-Samad is one of five African-American members of the Iowa House.

Finally, the chief justice alluded to a shooting last September during a meeting of the Jackson County Board of Supervisors as he called for action “to make every courthouse in Iowa safer and more secure.”

Any relevant comments are welcome in this thread.

Governor Terry Branstad will deliver his annual Condition of the State address to members of the Iowa House and Senate this morning at 10 am. You can watch the speech live on Iowa Public Television’s website or on IPTV World (channel 119 on Mediacom in central Iowa). The full text as prepared will be available on the governor’s official website.

Judging by yesterday’s opening remarks from state legislative leaders, Iowa House Republicans most want to see new tax reform proposals from the governor. Iowa Senate Democrats are most closely watching to see whether Branstad will propose adequate funding for education at all levels, from pre-school to K-12 to community colleges and state universities. I’ll update this post later with highlights from the day. Any comments about the governor’s speech (content or delivery) or the upcoming legislative session are welcome in this thread.

UPDATE: Added highlights and some reaction to the “Together We Can” speech below. James Q. Lynch created a graphic showing the words Branstad used most.

Chutzpah alert: Branstad is urging lawmakers to “bring together state agencies that have a shared interest in quality of life initiatives and invest in our parks, trails, lakes and museums.” Maybe he’s forgotten that the state legislature did that last year, before he vetoed millions of dollars that would have gone toward parks, trails, water quality programs and other amenities.

It’s also disappointing that the governor can’t quit lying about how many jobs have been created since he returned to public office.

It’s encouraging to hear the governor call for stronger efforts to protect victims of domestic violence and end bullying in schools. The devil will be in the details of those proposals. Speaking to Radio Iowa, Iowa Senate President Pam Jochum said “the anti-bullying proposal as well as the anti-domestic violence proposal will get a very good response from the Iowa Senate.” But she said the governor’s proposed education funding is “less than what we know we need in order to bring Iowa’s per pupil spending investment up to at least close the national average.” Meanwhile, House Speaker Kraig Paulsen told Radio Iowa that his caucus will continue to look for tax cuts (“a way to for Iowans to leave more of their own money in their pockets”).

SECOND UPDATE: As he did last year, the governor called for expanding access to broadband statewide. But strangely, Branstad does not plan to attend President Barack Obama’s scheduled January 14 event in Cedar Falls, where the president will “propose plans to increase affordable access to high-speed broadband internet.”

LATE UPDATE: Nate Monson, executive director for Iowa Safe Schools, characterized the governor’s anti-bullying bill as a “giant leap forward for gay youth” in Iowa. I’ve enclosed excerpts from his Des Moines Register guest editorial at the end of this post.

Benton Mackenzie passed away at home this morning, his wife Loretta Mackenzie told Brian Wellner of the Quad-City Times. Mackenzie was convicted last summer on drug charges, having grown dozens of marijuana plants in order to treat his terminal cancer. During the trial, the judge did not allow Mackenzie or his attorney to say that the defendant was seeking to use cannabis as a cancer treatment. Mackenzie was later sentenced to probation. The family had hoped to move to Oregon; Mackenzie had visited the state and received a valid Oregon medical marijuana card before his health deteriorated late last year.

Many Iowans who favor legalizing medical marijuana were outraged by the prosecution of a terminal cancer patient. State Senator Joe Bolkcom described the case as a waste of taxpayer money. During last year’s legislative session, Bolkcom defied long odds to get a baby step toward legalizing medical cannabis approved in the Iowa House and Senate. However, the new law only permits the use of cannabis oil in order to treat certain seizure disorders, and even the affected families have been unable to obtain the treatment so far.  

Thousands of Iowans are battling cancer or suffering from chronic illnesses that can be treated with cannabis or its derivatives. They should not be subject to criminal prosecution merely for attempting to obtain marijuana for personal use. Benton Mackenzie’s death may not be enough to spur a majority of lawmakers to act this year, but I hope his sad story will eventually create the political space to expand Iowa’s medical marijuana law.

Exciting times for Iowa politics watchers: the state legislature’s 2015 session began in Des Moines today. A tentative schedule for this year’s work is available here (pdf). The last day lawmakers will receive per diem expenses is on May 1, but for the past four years of divided control between a Republican House and a Democratic Senate, the session has always gone into overtime–sometimes by a little and sometimes by a lot. Bleeding Heartland previously posted details on the each chamber’s majority and minority leadership teams, along with all chairs, vice chairs, and members of standing committees. Click here for who’s who in the Iowa House, and here for who’s who in the Iowa Senate.

Today legislative leaders from both parties pledged to work together. After the jump I’ve enclosed the full texts of opening day remarks. Iowa Senate Majority Leader Mike Gronstal called for making Iowa’s middle class the “focus of the 2015 session” by ensuring adequate education spending, fighting wage theft, and expanding worker training while keeping a balanced budget. He praised Governor Terry Branstad for agreeing to go back to setting K-12 school funding a year in advance, as is required by state law, but warned the governor not to make a partisan statement by proposing too little funding for education when he addresses the legislature tomorrow.

Echoing some of the priorities she named last year, Senate President Pam Jochum said building an economy that “works for everyone” means supporting families and especially children: “For too long, the well-being of children has been considered a woman’s issue.’ It is not just a ‘woman’s issue’. It is an American issue. It is an Iowan issue.” Jochum urged lawmakers to expand access to education from pre-K through college, make “quality, affordable childcare” more available across the state, and boost an initiative to “detect and help prevent mental health and developmental problems among young children.”

Iowa House Minority Leader Mark Smith said the top priorities for House Democrats are strengthening the middle class and re-vitalizing rural Iowa. In addition to expanding early childhood education and providing adequate funds for K-12 schools, Smith called for raising the minimum wage, though GOP leaders have shown no willingness to negotiate on that issue.

As has been true in recent years, top Iowa House and Senate Republicans focused on fiscal issues and mostly avoided social issues. Iowa House Speaker Kraig Paulsen challenged his colleagues “to ensure that government do less and do it better” when “others bring forward their laundry list of funding opportunities, spending priorities, or flashy government programs.” He called for more tax cuts along the lines of a 2006 bipartisan agreement to eliminate the state tax on Social Security benefits. (Mike Owen of the Iowa Policy Project explained in a guest column for the Quad-City Times why that tax cut was passed “under false pretenses” and skewed Iowa’s tax code “further to the benefit of the wealthy.”) House Majority Leader Linda Upmeyer emphasized the need to “craft a responsible budget.” She singled out the Medicaid program for criticism, claiming growth in Medicaid spending is “not sustainable” and will threaten lawmakers’ ability to invest in education, job training, infrastructure, and renewable energy. Iowa Senate Minority Leader Bill Dix called on senators to “work together to rein in spending, make cuts and reduce the size of government and lift up all Iowans in the process by reducing their tax burdens.”

None of the Republicans set a goal of undoing marriage equality, and only House Speaker Pro Tem Matt Windschitl made passing reference to other top priorities for social conservatives when he said, “Let us work together to make Iowa the best place to live, where taxes are low, jobs are abundant, education is top of the line, innocent life is protected and Second Amendment rights are fully embraced.”

Any comments about the legislative session are welcome in this thread. By the way, here’s some trivia you may not know about Speaker Paulsen.  

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

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

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

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

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

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

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

After an unusually dry December, most of Iowa finally got a decent blanket of snow this week. Meanwhile, a classic winter activity became the unlikely center of a public policy controversy. The Dubuque City Council moved to prohibit sledding at 48 out of 50 city parks, generating some national media coverage and debate over whether city officials over-reacted to worries about litigation.

Contrary to the exaggerated claims of some authors, no city has banned or outlawed sledding within its jurisdiction. Iowans in Dubuque and elsewhere are free to sled on private property and on some public land. The “ban” applies only to certain public parks.

That said, I agree with those who say Dubuque leaders went way too far and set the penalty for unauthorized sledding too high at $750. In fact, City Council member David Resnick was probably right when he warned, “Crowding all [these] sledders into two areas is actually increasing the safety hazard and I don’t think we should limit our potential [liability] by increasing the safety hazard for kids.” I hope the controversy leads to higher turnout in the next Dubuque local election.

According to Katie Wiedemann’s report for KCRG-TV, local leaders say unhappy Dubuque residents should talk to state lawmakers:

“Iowa law protects cities from liability in the event someone gets hurt on city property while biking, skating or skateboarding. But there’s no protection if someone gets hurt while sledding. Some lawmakers attempted to fix that during the 2013 legislative session, but the bill failed.”

However, Iowa Association for Justice Executive Director Brad Lint argued in today’s Des Moines Register that “the city already enjoys fairly broad liability immunity under Iowa law.” After the jump I’ve enclosed excerpts from Lint’s op-ed column, which also addresses broader issues such as unwarranted fear of litigation and groups “begging” Iowa legislators “for protection from the often nonexistent lawsuits in their fields.” As one Bleeding Heartland reader suggested privately to me this week,

Hopefully people will eventually see the sledding thing for what it is…another cynical attempt by the insurance industry to use people to twist the arms of their legislators to exempt the insurers from paying claims even in cases of negligence….

P.S.- Sledding is a common cause of serious childhood injuries during the winter. I know someone whose son nearly lost an eye and developed a life-threatening infection behind his eye socket after a sledding accident in her own backyard. I love sledding almost as much as my kids do, but keep these safety tips in mind when you play in the snow.

Republican John Kooiker easily won today’s special election in Iowa House district 4, which covers most of Sioux County in northwest Iowa (scroll down this page for a map). Unofficial results published on the Sioux County website indicate that Kooiker received 2,064 votes to 456 for Democrat John Buntsma. I was surprised to see that Dennis Wright, a Republican former county supervisor, managed 840 votes (about a quarter of all votes cast) as a write-in candidate. That’s a huge number of votes for a write-in, especially in a low-turnout special election. Wright should seriously consider challenging Kooiker in the 2016 GOP primary to represent House district 4.

Kooiker will succeed longtime conservative stalwart Dwayne Alons, who passed away in November shortly after being re-elected to a ninth term in the Iowa House.

House district 4 is the safest legislative district in the state for the GOP, with roughly nine times as many registered Republicans as Democrats. I admire Buntsma for making sure voters would have a choice, even in a hopeless district for a Democrat.