# State Legislature



2014: A good legislative session for Iowa environmental funding

During the legislative session that just ended, the Iowa House and Senate approved substantial increases in funding for some key environmental programs.

Lawmakers committed to providing $25 million to mark the 25th anniversary of the Department of Natural Resources’ Resource Enhancement and Protection program (REAP) achieved their goal. REAP had only been funded at the $20 million level once before during the past two and a half decades. The REAP money came from three separate bills appropriating funds for the 2015 fiscal year; I’ve posted details after the jump. Many REAP-funded projects have a lasting positive impact on local communities for decades. Click here for more background on the kind of projects REAP has supported around Iowa.

Last month, Linn County Supervisor Brent Oleson posted a guest diary warning about legislative proposals that would indirectly undermine REAP by changing the program’s funding formula. Fortunately, the conference committee agreement negotiated by Iowa House and Senate members did not include that language in the final bill.

Senate File 2349 allocates Rebuild Iowa Infrastructure Fund money, which mostly comes from gambling revenues. That bill included $9.6 million for lake restoration funding during the 2015 fiscal year, a big improvement on the recent past when lawmakers approved just $5.5 million for lake restoration projects. The Rebuild Iowa Infrastructure Fund bill also included $2 million “for the administration of a water trails and lowhead dam public hazard statewide plan.” Just a few years ago, environmental groups including Iowa Rivers Revival were fighting for even $1 million in state funding for rivers. The only downside to the river funding was that the conference committee went with House-approved language allocating the whole $2 million to low-head dam removal and water trails. Iowa Rivers Revival preferred the Senate-passed bill, which contained $1 million for that purpose and $1 million to launch a new Iowa River Restoration Program. You can find the Senate-passed version of Senate File 2349 here and the conference committee report describing agreed changes in detail here (the river funding is discussed on pages 4-5 of the Senate bill).

Governor Terry Branstad hasn’t signed any of these appropriations bills yet, so funding for REAP and Iowa lakes are rivers is not a sure thing. I would be surprised if he item-vetoed any of these appropriations, although in 2011, Branstad vetoed river restoration funds that lawmakers had allocated for fiscal year 2012.

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Weekend open thread: End of 2014 legislative session edition

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

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

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

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

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HIV transmission bill passes in end-of-session surprise

Sometimes bills left for dead rise again in the final hours of the Iowa legislature’s work. So it was for Senate File 2297, an “act relating to the criminal transmission of a contagious or infectious disease.” If signed into law, this bill would replace current Iowa law on HIV transmission, under which a person can be sentenced to 25 years in prison, even if the virus that causes AIDS was not transmitted to anyone. For background on the old law, one of the harshest in the country, click here or here, or listen to this Iowa Public Radio program from March. (Incidentally, the Iowa Supreme Court has heard but not yet ruled on a case related to that law but not challenging its constitutionality.)

Whereas current law takes a “one size fits all” approach to HIV transmission cases, Senate File 2297 outlines more serious penalties for those who intentionally infect a partner (not just with HIV, but with any communicable disease) than for those who either didn’t mean to transmit or did not transmit a disease. In addition,

under the new bill, Iowans would no longer be sentenced as sex offenders and a retroactive clause in the bill would remove anyone sentenced under 709c from the sex offender registry. Prosecutors would also have to prove substantial risk, rather than the current law which simply requires non-disclosure.

Senate File 2297 passed the Iowa Senate unanimously in February. Democratic State Senator Rob Hogg said it would update Iowa law to reflect modern medicine and replace a “badly outdated and draconian” part of the code. Republican State Senator Charles Schneider agreed that current law was “not always proportionate” to the crime committed.

So far, so good. But instead of sailing through the Iowa House, Senate File 2297 stalled. It cleared a House Judiciary Subcommittee but not the full committee in time for the “second funnel” deadline in mid-March. The bill landed on the “unfinished business” calendar, which kept it eligible for debate.

I hadn’t heard anything about this bill for some time, until I saw this morning that it came up for debate in Iowa House a little before 2 am. It passed by 98 votes to 0. After the jump I’ve posted a statement from the LGBT advocacy group One Iowa, which has pushed for similar legislation for years.  

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Two triumphs for Iowa lobbyists: Dog racing and e-cigarettes (updated)

Iowa lawmakers advanced two bills yesterday that illustrate how effective corporate and interest group lobbyists can be. In the Iowa House, a bill allowing greyhound racing to end in Council Bluffs and become less costly for a casino in Dubuque won final passage by 79 votes to 16. I’ve posted the roll call after the jump. As Bleeding Heartland discussed here, Iowa greyhound breeders and trainers, along with their paid representatives, managed to get the state legislature to insist on a massive bailout for their industry–even though public demand for dog racing is near zero these days. According to the Dubuque Telegraph-Herald’s Erin Murphy, Governor Terry Branstad has not committed to signing the bill. But if he does, tens of millions of dollars from the Las Vegas-based Caesar’s corporation will be divided among a relatively small group of greyhound breeders, trainers, kennel owners, and rescue organizations.

Meanwhile, yesterday the Iowa Senate approved “an act relating to vapor products and alternative nicotine products, and providing penalties.” Bleeding Heartland discussed this bill in February, when it passed the Iowa House. On its face, House File 2109 looks like it is designed to protect children’s health by banning e-cigarette sales to minors. But medical and public health groups opposed the bill. Lobbyists who supported it mostly represented tobacco companies or retailers. They liked the bill because it didn’t classify vapor cigarettes as tobacco products and didn’t ban fruit-flavored e-cigarettes. Before final passage, senators rejected an amendment offered by Senator Joe Bolkcom, which would have strengthened the bill. They then approved an amendment offered by Senator Bill Dotzler, making minor changes to the definition of “vapor product.” The lobbyist declarations on the bill still show opposition from the public health community and support from the tobacco industry and retailers. On final passage senators approved the bill by 37 votes to 12. Because of the slight change in wording, this bill goes back to the Iowa House rather than straight to the governor’s desk. I doubt it will run into any trouble there, given how easily it passed in February.

Incidentally, the e-cigarettes bill is a rare example of legislation that passed the Iowa Senate with more votes from the minority party (22 of the 24 Republicans) than from the majority party (15 of the 26 Democrats). Someone please correct me if I’m wrong, but I can’t think of any similar Iowa Senate vote during the last few years. Scroll to the end of this post for the roll call.

UPDATE: On April 29, the Iowa House approved the Senate version of House File 2109, after rejecting along party lines Democratic amendments that would have strengthened the bill. The vote on final passage was 74 to 23, similar to the margin by which House members approved the e-cigarette legislation in February. I’ve posted details on the roll call after the jump.

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Iowa House rejects broadband access bill

When bills come to the floor of the Iowa House or Senate, the outcome of the vote is typically a foregone conclusion. Leaders rarely call up bills that don’t have the votes to pass. But in “the most surprising vote of the day, if not this year’s session,” Iowa House members on Friday rejected House File 2472, a bill designed to expand broadband access in small-town and rural Iowa. The initiative was among Governor Terry Branstad’s legislative priorities this year. While the goal is uncontroversial, especially in communities where people are stuck with dialup internet, lawmakers disagreed on how to accomplish the task.

The House Journal for April 25 includes details from the floor debate, including roll calls on two Democratic amendments that failed to pass on party-line votes. One of them was a “strike” amendment replacing the entire content of House File 2472 with stronger incentives favored by House Democrats. After the routine business of rejecting minority party amendments, a vote was called on final passage. But only 42 Republicans voted yes, joined by just two Democrats. I’ve posted a list of yes and no votes after the jump. House Minority Leader Mark Smith said Democrats opposed the bill because it “does not go far enough in expanding broadband access to more homes and small businesses.” The Republicans who voted no may have been put off by the size of the tax breaks or the lack of accountability. State Representative Guy Vander Linden told Radio Iowa, “We don’t say they need to meet any requirements in terms of our capacity, speed – anything. All we say is: ‘If you will put broadband infrastructure in place in any unserved or underserved area…we’ll give you all these benefits.’ That, to me, sounds like a blank check that I’m not willing to sign up to.”

House Majority Leader Linda Upmeyer has already filed a motion to reconsider the vote on this bill, so leaders may believe they can find the votes they need through friendly persuasion or arm-twisting. (She was one of the “no” votes, presumably to preserve her ability to file the bill again after realizing it would not pass.) Two Republicans (Clel Baudler and Ron Jorgensen) were absent from Friday’s vote. Assuming they support the broadband bill and Upmeyer changes her vote, House leaders would need to persuade four more Republicans or Democrats.

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Iowa legislature's quick fix to sexual exploitation statute may need to be fixed

In just two days, both the Iowa House and Senate unanimously approved a bill drafted in response to a recent Iowa Supreme Court ruling. A majority of justices overturned the conviction of an assistant high school basketball coach who had engaged in a consensual sexual relationship with a student, on the grounds that he didn’t meet the definition of a “school employee” under Iowa’s sexual exploitation statute. House File 2474 closes that loophole, but unfortunately, State Representative Mary Wolfe identified a drafting problem that could criminalize behavior many people would not consider sexual exploitation.

Wolfe is a criminal defense attorney by trade and gave me permission to reproduce part of her blog post below. But you should head over to her Iowa House Happenings blog and read the whole thing. Click here to read the full text of the April 11 Iowa Supreme Court ruling and dissent.

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Iowa Senate approves cannabis oil bill

Yesterday the Iowa Senate approved by 36 votes to 12 a bill to legalize the use of medical cannabis oil for treating certain seizure conditions. You can read the full text of Senate File 2360 here. After the jump I’ve posted State Senator Joe Bolkcom’s floor statements in support of the bill, which summarize its key points and limited scope. An Iowa Senate Democratic research staffer provided a more detailed analysis of the bill here (pdf).

The roll call in the Senate Journal shows that all 26 Iowa Senate Democrats voted for the cannabis oil bill, joined by the following ten Republicans: Mike Breitbach, Mark Chelgren, Minority Leader Bill Dix, Joni Ernst, Hubert Houser, David Johnson, Tim Kapucian, Charles Schneider, Amy Sinclair, and Brad Zaun. The twelve Republicans who voted no were Bill Anderson, Jerry Behn, Rick Bertrand, Nancy Boettger, Jake Chapman, Randy Feenstra, Julian Garrett, Sandy Greiner, Dennis Guth, Ken Rozenboom, Roby Smith, and Jack Whitver. Republicans Mark Segebart and Dan Zumbach were absent.

During the floor debate, several Republicans warned that passing the bill would send the wrong message to teenagers, leading to more recreational use of marijuana. That’s hard to fathom, since the bill does not legalize smoking marijuana, even for terminally or chronically ill Iowans who could benefit from medical cannabis in that form.

Key Iowa House Republicans and Governor Terry Branstad have made clear that for now, they would consider only a bill to allow access to medical cannabis oil. I hope a study committee on broader use of medical marijuana will go forward. Senate File 2360 is a step in the right direction and will give families like this one options other than moving to Colorado. However, the bill leaves out too many suffering people.

P.S.- A sign of how far the political ground has shifted in the medical marijuana debate: Joni Ernst and Brad Zaun are in fiercely competitive GOP primaries (for U.S. Senate and IA-03, respectively). Both of them voted for this bill.

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Tom Harkin endorses Ned Chiodo in Iowa Senate district 17

Iowa politics junkies, help me out here: Has U.S. Senator Tom Harkin ever endorsed a candidate for an Iowa legislative district in a competitive Democratic primary with no incumbent? I can’t think of any prior examples, but it happened yesterday. The full text of Ned Chiodo’s press release is after the jump. Money quote: “I am proud to support Ned Chiodo for State Senate,” said Harkin. “I have known him for many years, and without question he has the integrity and experience to lead Iowa forward.”

Chiodo certainly has a lot of political experience: five terms in the Iowa House, one term as Polk County Auditor, and many years lobbying the Iowa legislature. Harkin’s endorsement is a slap at the other highly experienced candidate in the SD-17 primary: Tony Bisignano. I guess the long friendship allowed Harkin to overlook Chiodo’s effort to knock Bisignano off the ballot, which could have disenfranchised tens of thousands of Iowans had the Iowa Supreme Court reached a different conclusion.

Harkin is an original co-sponsor of a U.S. Senate bill “that would reduce recidivism rates by restoring voting rights to individuals after they have served their time and have been released from incarceration.” Yet he is endorsing an Iowa Senate candidate who argued that ineligible voters in Iowa include anyone convicted of an aggravated misdemeanor which can carry a prison sentence–regardless of whether the person was ever incarcerated.

I am urging my friends in Iowa Senate district 17 to support Nathan Blake, the third candidate in the Democratic primary. The Iowa Senate Democratic caucus already has plenty of members with at least decade’s experience as state legislators. How about a capable new person, who supports progressive values and doesn’t have Chiodo’s or Bisignano’s baggage?  

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Divided Iowa Supreme Court rules Tony Bisignano can run in Iowa Senate district 17 (updated)

A three-way Democratic primary is assured in Iowa Senate district 17, as the Iowa Supreme Court announced this afternoon that it has affirmed a district court ruling on Tony Bisignano’s eligibility to run for office. Rival candidate Ned Chiodo filed a lawsuit last month, saying Bisignano’s recent aggravated misdemeanor conviction for second-offense OWI should be considered an “infamous crime.” The Iowa Constitution disqualifies citizens convicted of “infamous crimes” from exercising the privileges of “electors.”

Chief Justice Mark Cady wrote the plurality opinion, joined by Justices Daryl Hecht and Bruce Zager. Overturning Iowa Supreme Court precedents set in 1916 and 1957, the court ruled that “infamous crimes” cannot be interpreted to mean any crime punishable by a prison sentence, including aggravated misdemeanors. On the other hand, the court did not simply accept the 1994 law defining “infamous crimes” as felonies. Citing historical references including an 1839 Iowa territorial statute, the plurality argues that not all felonies are “infamous,” and that the words had different meanings at the time the Iowa Constitution was adopted in the 1850s. It did not go on to define which felonies should be considered infamous crimes in the present context.

Justice Edward Mansfield wrote a concurring opinion, joined by Justice Thomas Waterman. The concurrence agrees that Bisignano retains his rights as an elector, because aggravated misdemeanors cannot be considered “infamous crimes.” However, Mansfield would have accepted the bright-line definition from the 1994 state law, equating felonies with “infamous crimes.” He warned that the plurality opinion would serve as a “welcome mat” for future litigation from felons claiming that they should be entitled to vote, because their convictions were not for “infamous crimes.” On balance, I agree most with Mansfield’s opinion.

Justice David Wiggins dissented, arguing that the court should not have rewritten “nearly one hundred years of caselaw.” He would have found Bisignano ineligible to run for office under the longstanding precedent that “infamous crime” means any crime punishable by a prison sentence. Wiggins’ dissenting opinion does not accept the 1994 law which defined “infamous crimes” as felonies, because interpreting the state Constitution is a job for the Iowa Supreme Court, not the state legislature.

Justice Brent Appel recused himself from this case.

The Iowa Supreme Court did not rule on Chiodo’s separate claim that Attorney General Tom Miller should have recused himself from the panel that allowed Bisignano to remain on the ballot. Chiodo argued that Miller had a conflict of interest, because one of his employees, Assistant Attorney General Nathan Blake, is also seeking the Democratic nomination in Senate district 17.

You can read the Iowa Supreme Court’s three opinions in this case here (pdf). After the jump I’ve enclosed summaries and excerpts from each opinion. I also included a statement from Bisignano hailing the ruling and announcing several more labor union endorsements.

One thing’s for sure: today’s ruling won’t be the last attempt by the Iowa Supreme Court to clarify the definition of “infamous crimes.”

UPDATE: Added Nathan Blake’s comment below. SECOND UPDATE: Added more thoughts about the implications of this case.

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Cautionary note for early Iowa voters

A growing proportion of Iowans have chosen to vote early during the last few election cycles. During the 2012 presidential election, 43.2 percent of Iowans who participated cast early ballots. In yesterday’s Des Moines Register, Jason Noble highlighted a problem that has and will continue to nullify the votes of some of them: missing postmarks on ballots that arrive after the general election. Post offices do not always postmark envelopes without a stamp. That’s not a problem when county auditors receive mailed absentee ballots before election day, but current Iowa rules instruct auditors to throw out ballots that arrive late, unless a postmark proves they were mailed on or before the day before the election.

Iowa lawmakers discussed several ideas for addressing the problem, but lack of consensus led them to drop the issue this year. After the jump I’ve posted an excerpt from Noble’s piece.

As things stand, Iowans who plan to vote early either in the 2014 primary or general elections can do a few things to make sure their votes count:

1. Mail in your absentee ballot well before election day, to ensure that it arrives on time.

2. Hand-deliver your absentee ballot to your county auditor’s office.

3. Place a stamp on your absentee ballot envelope, so that the post office will have to put a postmark on it.

4. Vote early in person, either at the county auditor’s office or (for the general election) at a satellite location. I prefer this option, because I know for sure that my ballot got to the right place on time. If you take this route, I recommend reviewing a sample ballot online first, so that you have time to research ballot initiatives and candidates for more obscure offices.  

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Another look at the uncontested Iowa House districts

Over at the Smart Politics blog based at the University of Minnesota’s Humphrey School of Public Affairs, Eric Ostermeier takes a look at the uncontested Iowa House districts today. He leads with this surprising fact: “Iowa Republicans failed to field candidates in a party record 32 State House districts this cycle.” I recommend clicking through to read his whole post, which explores historical trends in Iowa House candidate recruitment for both parties.

Bleeding Heartland previously commented on the uncontested Iowa House races here. After the jump I’ve posted my thoughts on Ostermeier’s analysis.

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Don't RAPE REAP

(The author has been a Linn County Supervisor since 2009 and previously worked with the Iowa Senate Minority leader. Bleeding Heartland discussed the bipartisan effort to increase REAP funding to $25 million here. - promoted by desmoinesdem)

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

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

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

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

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Fewer Iowa lawyers seeking judgeships

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

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

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

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

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

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Q: When do Iowa Democrats talk like Steve King?

A. When doing so serves Big Ag’s interests.

Yesterday the Iowa House approved House Resolution 123, which requests “that all necessary and immediate action be taken by the State of California, the United States Congress, the United State Attorney General, state legislatures, state governors, and state attorneys general to effectuate the repeal of California legislation enacted as AB 1437 that unconstitutionally infringes upon the Commerce Clause of the Constitution of the United States to the detriment of this nation’s consumers and farmers.”

U.S. Representative Steve King has been on the warpath against the supposedly “unconstitutional” California law for some time. After he failed to get language overriding the egg regulations into the new Farm Bill, several state attorneys general filed suit in federal court. Last month Governor Terry Branstad joined that lawsuit, saying the California law “discriminates against Iowa’s egg producers.”

Thirteen Iowa House Democrats joined all 53 Republicans to co-sponsor House Resolution 123 (full text here). The Democrats were Bruce Bearinger, Nancy Dunkel, John Forbes, Bruce Hunter, Jerry Kearns, Dan Kelley, Helen Miller, Dan Muhlbauer, Joe Riding, Patti Ruff, Sally Stutsman, Roger Thomas, and Frank Wood. Reading from the resolution on the Iowa House floor yesterday, State Representative Helen Miller parroted the same talking points we’ve heard from King before. Supposedly Iowa egg farmers “can’t” sell their products in California anymore, which “unconstitutionally infringes upon the commerce clause of the Constitution of the United States.” Sorry, no. That law does not establish a higher bar for out-of-state producers than for in-state producers. Nor does it force any course of action on Iowa egg farmers. They will simply face the same choice any number of manufacturers face regarding any number of state laws: either comply with the relevant state’s requirements, or sell your products elsewhere.

Some of the House Democrats who co-sponsored this resolution represent rural or suburban districts that will be competitive this year. Others, including Miller, are unopposed or represent urban districts that Republicans have no prayer of winning. Before taking Steve King’s word for it on matters of constitutional law, they should have consulted Iowa Attorney General Tom Miller. He didn’t sign on to the lawsuit Branstad joined, I suspect because he sensed the case is weak. U.S. Secretary of Agriculture Tom Vilsack was not a fan of King’s efforts to overturn the California law either.  

Spiker takes parting shot at Branstad over medical marijuana

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

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

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

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The pros and cons of Iowa traffic cameras: links and discussion thread

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

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Jon Van Wyk drops out of Iowa House district 28 GOP primary

Yesterday was the deadline for Iowa candidates who had qualified for a major-party primary to have their names removed from the primary ballot. The full list of candidates is on the Secretary of State’s website (pdf). Jon Van Wyk’s name is now absent from the Republican Party line in Iowa House district 28. His challenge against first-term State Representative Greg Heartsill was shaping up to be one of the most interesting state legislative primaries. However, the Knoxville Journal-Express reported that six people objected to Van Wyk’s candidacy because he and his family live in Clive, a suburb of Des Moines. They plan to move to Sully, located in House district 28, this summer.

After the jump I’ve posted Van Wyk’s comments on dropping out and a map of House district 28, where Van Wyk plans to run again in 2016.

Heartsill, one of the most “out there” Iowa House Republicans, has the GOP nomination locked up and will face Democrat Megan Suhr in a rematch from 2012. He won that race by 8,197 votes to 6,569. House district 28 leans Republican with 6,020 registered Democrats, 7,368 Republicans, and 8,049 no-party voters as of March 2014.

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Bipartisan group pushing Iowa legislative study of medical marijuana

What a difference a month makes. Four weeks ago, State Senator Joe Bolkcom declared his bill to legalize the medical use of cannabis dead on the same day he introduced it. Now five Republican senators have joined Bolkcom and four other Iowa Senate Democrats seeking to advance the conversation about medical marijuana before next year’s legislative session.

Click here to read the full text of Senate Resolution 112, which requests the creation of an interim study committee “to make recommendations on the feasibility of establishing a medical cannabis program in this state allowing qualifying resident patients to purchase and possess cannabis for medical purposes, and to file a final report including recommendations with the general assembly by December 30, 2014.” If the Senate approves the resolution, the Iowa Legislative Council led by House Speaker Kraig Paulsen and Senate Majority Leader Mike Gronstal will likely approve a study committee to evaluate medical marijuana later this year.

Depending on the study committee’s conclusions, a medical marijuana bill might garner more bipartisan support during the 2015 legislative session. Kudos to Democrats Bolkcom, Matt McCoy, Bill Dotzler, Jack Hatch, and Tom Courtney, and Republicans Ken Rozenboom, Mike Breitbach, Brad Zaun, Amy Sinclair, and Charles Schneider for supporting this resolution. It’s worth noting that all five Republican co-sponsors were elected to the Iowa Senate in 2012 and therefore will not face re-election again until 2016. Consequently, all five will be serving in the Iowa Senate next year, regardless of which party controls the chamber after the 2014 elections.

Democratic gubernatorial candidate Hatch has long been on record supporting medical marijuana in Iowa. Earlier this month, Governor Terry Branstad warned of “unintended consequences” and said much more study of the issue is needed.

UPDATE: I should have mentioned that while Zaun isn’t up for re-election to the state Senate this year, he is one of six GOP candidates running in Iowa’s third Congressional district. I wonder whether any of his rivals in IA-03 will criticize this stance.

Iowa legislative news roundup: dead and alive after the second funnel

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

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

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

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Bipartisan push underway to increase Iowa REAP funding

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

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

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

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

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58 Iowa House seats uncontested, including a dozen in competitive Senate districts

In any given general election, roughly a dozen or two of the 100 Iowa House districts are in play. A first look through the list of candidates who qualified for the primary ballot suggests that this year, fewer Iowa House districts will be competitive than in 2010 or 2012. Republicans have failed to field a candidate in 32 of the 47 Democratic-held House districts. Democrats have failed to field a candidate in 26 of the 53 Republican-held House districts.

Although a few of these districts may see major-party candidates nominated through special conventions after the primary, it’s rare for late-starting candidates to have a realistic chance to beat an incumbent. (That said, two Iowa House Democrats lost in 2010 to candidates who joined the race over the summer rather than during the primary campaign.)

After the jump I’ve enclosed a full list of the Iowa House districts left unchallenged by one of the major parties. I highlighted the most surprising recruitment failures and what looks like a pattern of uncontested House seats in Senate districts that will be targeted by both parties, which may reflect a deliberate strategy. House incumbents with no fear of losing may slack off on GOTV in one half of a Senate district where every vote may count.

A future post will focus on the ten or fifteen Iowa House races likely to be most competitive this fall.

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Weekend open thread: Too much news edition

What’s on your mind this weekend, Bleeding Heartland readers? Is anyone else annoyed that the Iowa legislature’s second “funnel” deadline coincided with the last day major-party candidates could file to appear on the primary ballot? I put up a new overview of the Iowa Senate races and a thread on the statewide candidate filings. John Deeth has a quick look at all 125 legislative races. I have posts in progress about Iowa House races to watch, as well as what bills are dead and alive in the state legislature.

Congratulations to Cyclones fans celebrating Iowa State winning the Big 12 championship. I don’t follow college basketball closely, but I know the Big 12 is probably the toughest conference this year. Fred Hoiberg has done a tremendous job recruiting and leading his team, without throwing tantrums on the court like the University of Iowa’s coach, Fran McCaffery.

I highly recommend Josh Harkinson’s fascinating piece, “You’re Drinking the Wrong Kind of Milk.” He explores the hypothesis that many people have trouble drinking cow’s milk because Holsteins, which dominate industrial dairies, produce milk high in A1 protein. Some of those people can digest milk with predominantly A2 protein, produced by Jersey, Guernsey, and Normande cows.

As a friend and I talked about Harkinson’s article a few days ago, she reminded me that Iowa’s beloved Anderson Erickson Dairy used to sell a more expensive “Guernsey Gold” milk. Looking into it, I learned that AE stopped making this product in the mid-1980s, not because there was no demand for the premium milk, but because Iowa didn’t have enough farmers raising Guernsey cows anymore.

This is an open thread: all topics welcome.  

How not to retire from the Iowa legislature

Most election years, at least one Iowa House or Senate incumbent reveals retirement plans shortly before the filing deadline. During the last midterm, three Iowa House incumbents gave their constituents only a day or two’s notice that they were not planning to run for re-election.

Qualifying for the ballot is relatively easy here; candidates can collect the 50 signatures needed for an Iowa House district or the 100 needed for a Senate district in a day. But deciding whether to run for the state legislature is not so simple. Common courtesy demands that incumbents give their constituents at least a few weeks, or preferably a few months, to talk things over with family and friends, weighing what would be involved in a campaign and part-time work as a lawmaker. Lots of politically active people might want to serve. Most would not challenge an incumbent in a primary, but the calculus is different for an open seat.

Longtime State Senator Dennis Black announced on March 10 that he would not run for re-election. Presumably some insiders had advance warning, but every other Democrat in Senate district 15 had at most three days to consider this race, plus one day to collect the signatures and drive petitions to Des Moines.

Longtime State Representative Roger Thomas officially announced his retirement in a press release that went out  at 4:50 pm on March 13, barely 24 hours before the filing deadline. He gave the scoop to local activists at the Winneshiek County Democratic convention on March 8, but that news would only reach a small circle of insiders. A wider audience didn’t learn of Thomas’ retirement until he informed the Decorah Newspapers on the morning of March 12. Democrats in House district 55 (covering parts of Winneshiek, Fayette, and Clayton counties) deserved more than five days to think about running for the legislature, collect signatures, and make the four-hour drive to Des Moines. Nothing against Rick Edwards of Decorah, who has stepped up to run, but others should have had more time to consider the opportunity Thomas created.

Note: Iowa House district 55 will likely be a very competitive race this November, and Senate district 15 may also be in play, but my feelings about last-minute retirements also apply to seats that are safe for one party.

Iowa Senate district 45: Joe Seng has a primary challenger, Mark Riley

If any Iowa Democrat deserves a primary challenge, it’s three-term State Senator Joe Seng. Although the Davenport-based veterinarian represents one of the Democrats’ safest urban districts, Seng is anti-choice and supported Republican calls for a vote against marriage equality in 2010. As chair of the Senate Agriculture Committee, he has helped pass several bills that are good for industrial agriculture but bad for the environment, especially clean water. In addition, Seng himself challenged three-term U.S. Representative Dave Loebsack in the IA-02 Democratic primary two years ago, so he couldn’t claim the moral high ground against a primary challenger for his state Senate seat.

I was excited to see yesterday that another Democratic candidate, Mark Riley, had filed papers to run in Senate district 45. When I realized Riley was Seng’s Republican opponent in 2010 and ran an independent campaign against Iowa House Democrat Cindy Winckler in 2012, I became disappointed. Was he just a fake like the “Democrat” who ran against State Representative Ako Abdul-Samad in 2010?

I sought comment from Riley about why he was running as a Democrat in Iowa Senate district 45, having campaigned as a Republican in the same district a few years ago. I’ve posted his response after the jump. You be the judge. Riley would have my serious consideration if I lived on the west side of Davenport.  

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Iowa Senate district 7 preview: Rick Bertrand vs. Jim France

Three days before the deadline to file as a major-party candidate for the state legislature, a Democrat finally stepped up to run against first-term State Senator Rick Bertrand in Iowa Senate district 7. Likely to be among the most competitive statehouse races this year, Senate district 7 is a must-hold for Republicans trying to win a majority in a chamber Democrats have controlled by 26 votes to 24 since 2011. Leading Democrats view the district as a pick-up opportunity, in part because of a voter registration advantage and strong performance by Democratic candidates there in 2012.

Follow me after the jump for a first look at this race. I’ve included a district map and the latest voter registration numbers as well as background on Bertrand and his Democratic challenger, Jim France.  

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Former Newton Mayor Chaz Allen running in Iowa Senate district 15

Only a few hours after State Senator Dennis Black confirmed plans to retire, former Newton Mayor Chaz Allen announced that he will seek the Democratic nomination in Iowa Senate district 15. Allen has strong business connections as executive director of the Jasper County Economic Development Corporation and as a board member of the Greater Des Moines Partnership. After the jump I’ve posted Allen’s campaign announcement, which contains more background on the candidate. Former Governor Chet Culver appointed him to the Rebuild Iowa Office’s task force on Infrastructure and Transportation, and he also served on Governor Terry Branstad’s Commercial Property Tax Review Committee three years ago.

Iowa Senate district 15 covers most of Jasper County and some eastern areas in Polk County. Click here for a map and the latest voter registration numbers in the Democratic-leaning district.

I am seeking comment from Iowa House Democrat Dan Kelley, who represents the eastern half of this Senate district. I will update this post when I can confirm whether Kelley will run for the Iowa Senate or seek a third term as state representative.

So far the lone Republican candidate to file in Senate district 15 is Crystal Bruntz. Her campaign is on Facebook here and on the web here. I’ve posted her official bio below.

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Democratic incumbent Dennis Black retiring in Iowa Senate district 15

Democratic State Senator Dennis Black announced this morning that he is retiring from politics after 32 years in the Iowa legislature, including five terms in the Iowa Senate. His retirement opens up Senate district 15, covering most of Jasper County and parts of eastern Polk County. As of March 2014, this district contained 15,238 registered Democrats, 13,184 Republicans, and 15,064 no-party voters. After the jump I’ve posted a district map and Black’s open letter to colleagues and the media.

In late January, it appeared that three Republicans would compete for the chance to run against Black this year. But the highest-profile candidate, former Iowa GOP Co-Chair David Fischer, opted against running last month. Meanwhile, the first Republican candidate to declare against Black, Patrick Payton, decided to run for Iowa House district 29 instead. That leaves Crystal Bruntz, a human resources executive for the convenience store chain Kum & Go, as the likely GOP nominee in Senate district 15. So far she is the only Republican who has filed nominating papers in the district.

Democrats have until this Friday to find a new candidate for the seat Black is vacating. I am seeking comment from two-term State Representative Dan Kelley of Newton. He currently represents Iowa House district 29 but has not filed for re-election yet. First-term Democrat Joe Riding has already filed for re-election in House district 30, the western half of Senate district 15. UPDATE: Riding confirmed by telephone that he is committed to continuing to represent residents of House district 30.

Although Black’s district wasn’t initially on my radar or Senate Majority Leader Mike Gronstal’s radar as one of the most competitive 2014 Senate races, opposing parties typically have a better chance of winning open seats than defeating state legislative incumbents. Senate district 15 will surely be a race to watch this year.

PROCESS GEEK UPDATE: Although it’s not relevant in this instance, since Riding will stick with the House race, a candidate who had already filed papers to run for an Iowa House district could file for a newly open Senate district. Scroll to the end of this post for the explanation.  

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What could go wrong? Less training for manure spreaders edition

More than 800 manure spills have occurred on Iowa farms during the past two decades. At least 262 manure spills reached Iowa waterways between 2001 and 2011 alone, affecting the vast majority of counties.

More than half of rivers and streams in the region including Iowa are in “poor condition for aquatic life.” Manure spills are a major contributing factor to this problem, and they are happening more often. The number of recorded manure spills in Iowa grew from 46 in 2012 to 76 in 2013.

How should state government respond to this set of facts? Various policies might address the explosion in waterways officially recognized as “impaired.”  

But this is Iowa, where it’s a minor miracle to get state lawmakers to take any steps against water pollution, and agricultural interests have repeatedly moved to undermine regulations related to the handling of manure on large-scale farms.

Last week, two-thirds of Iowa House members saw fit to reduce continuing education requirements for people certified to spread liquid manure on farm fields.  

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Can Josh Byrnes escape a GOP primary challenge in Iowa House district 51?

Since last summer, many Iowa politics watchers have had Republican State Representative Josh Byrnes on retirement watch. However, he announced this week that he will seek a third term in Iowa House district 51. After the jump I’ve posted a district map and Byrnes’ re-election statement.

Democratic candidate Laura Hubka has been actively campaigning for months. She’s facing a relatively strong incumbent in this district, which covers Howard, Mitchell, Worth, and part of Winneshiek Counties along Iowa’s northern border. Byrnes was comfortably re-elected in 2012 even as President Barack Obama won more than 55 percent of the vote in House district 51. The latest totals from the Secretary of State’s office indicate that the district contains 5,765 registered Democrats, 6,470 Republicans, and 8,643 no-party voters.

Although I have not heard of any Republican planning to challenge Byrnes, three factors make me suspect he will not get a free pass in the GOP primary.

1. Byrnes is the leading Iowa House proponent of raising the gasoline tax, a popular view among some rural constituencies but not in the Republican base. He even taunted the advocacy group Iowans for Tax Relief after this year’s subcommittee hearing, where the gas tax bill advanced.

2. While many Iowa House Republicans are quietly satisfied to see a constitutional amendment on marriage die in the funnel for two years running, to my knowledge Byrnes is still the only person in his caucus who openly supports same-sex marriage rights.

3. Last year Byrnes was one of just two GOP legislators to support the Democratic position on expanding Medicaid in Iowa. (The other one, Brian Moore, represents the most Democratic-leaning Iowa House district Republicans now control.)

It will be a St. Patrick’s Day miracle if no anti-tax zealot, social conservative, or “Liberty” activist steps up to challenge Byrnes by the March 14 filing deadline.  

UPDATE: Amazingly, no other Republican filed papers to seek the GOP nomination in House district 51.

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What could go wrong? Iowa House legalizes silencers (updated)

Most gun-related bills failed to make it through in the Iowa legislature’s first “funnel” last week. The list of proposals that are dead for this year included efforts to restrict access to firearms (such as Senate File 2179 to close the gun show loophole) and several bills aimed at making guns more available: House File 384 to authorize possession of machine guns and sawed-off shotguns; House File 169/Senate File 251 to allow Iowans with permits to carry concealed weapons on school grounds; House File 172 to allow school employees to carry guns in school; and House File 2012 to allow children as young as 12 to possess handguns.

The trouble is, many incumbents don’t want to face the gun lobby’s wrath in an election year. Many lawmakers want to have something to brag about when pro-gun activists compile scorecards and endorsement lists. Such concerns prompted Iowa House and Senate leaders to revive and eventually pass a 2010 bill to make it easier for Iowans to carry concealed weapons.

I believe the same dynamic prompted Iowa House members to vote overwhelmingly yesterday to legalize firearm suppressors, better known as “silencers” popular for many decades among snipers and assassins.

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Walt Rogers exits IA-01 race, will seek third term in Iowa House district 60

I didn’t see this coming, but perhaps I should have, given his less than stellar fourth quarter fundraising report: State Representative Walt Rogers is ending his Congressional campaign in Iowa’s first district. Instead, he will seek re-election to Iowa House district 60. His official statement is after the jump.

Rogers has long been considered a rising star in the Iowa House Republican caucus. He won re-election in 2012 despite President Barack Obama carrying his district by a narrow margin. He hired campaign staffers while his Congressional bid was still in the exploratory phase and quickly gained support from former presidential candidate Rick Santorum and several state lawmakers. But he faced a tough race against Rod Blum in the GOP primary. In addition to almost winning the Republican nomination in IA-01 in 2012, Blum had support from activists on the party’s “Liberty” wing and a financial advantage over Rogers at the end of 2013.

Even if Rogers won the IA-01 primary, he would face an uphill battle in a Congressional district with 158,970 active registered Democrats, 133,746 Republicans, and 192,496 no-party voters as of February 2014.

Returning to the Iowa legislature looks like a safer bet for Rogers. I have not yet heard of a Democratic candidate in House district 60. I posted a district map below, along with the latest voter registration numbers.

I consider Blum overwhelmingly favored to beat Steve Rathje in the IA-01 primary now. Although I don’t agree with Blum about many things, I admire his campaign work ethic and discipline. he has now scared off two Republicans with much stronger establishment connections. I believe Iowa House Speaker Kraig Paulsen chickened out of this race because he was afraid he would lose the primary. Blum had already started making a case against Paulsen.

UPDATE: Forgot to mention that just last month, former U.S. Representative and gubernatorial nominee Jim Nussle had endorsed Rogers in the GOP primary. He really did look like the preferred establishment candidate. I also forgot to mention that Marshalltown-based attorney Gail Boliver joined the Republican field in December. It’s hard for me to see a social moderate and fiscal conservative winning a GOP primary, especially since Blum has been campaigning across the district for more than a year now.

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Iowa legislature funnel week discussion thread

This week marks the Iowa legislature’s first “funnel” deadline of the 2014 session. With the exception of appropriations bills, most legislation that has not cleared at least one committee in at least one chamber is dead for the year. Only occasionally do House or Senate leaders revive bills that didn’t get through the funnel.

Rod Boshart published a comprehensive list of bills that are still pending in either the Iowa House or Senate, as well as proposals that didn’t make it this year. Notably, the ideas Governor Terry Branstad outlined in his Condition of the State speech last month are still alive, as are the top priorities House and Senate leaders mentioned on the opening day of this year’s session.

Any comments about the legislature’s work is welcome in this thread. Reading Boshart’s lists, I felt a mixture of relief and disappointment. So many bad ideas died in the funnel, but so did a lot of proposals I would strongly support.

My dismay is probably nothing compared to what socially conservative Republicans are feeling. For the second year in a row, no bills aimed at “protecting” traditional marriage made it through the funnel. Every proposed anti-abortion bill died too, except for the ban on “telemedicine” abortions (which failed to move last year but passed the Iowa House last week). You would think that with a 53-47 Republican majority, the Iowa House would move more of these abortion bills through committee at least.

David Fischer not running in Iowa Senate district 15 after all

Former Republican Party of Iowa co-chair David Fischer announced on Facebook February 18 that he has decided not to run for the Iowa Senate this year. Just a few weeks ago, Fischer sounded committed to the race, but he told his Facebook friends, “Much to my surprise, a great opportunity has just presented itself that I owe it to my family to explore.” He promised to return all campaign contributions and to keep working to promote principles of “freedom, prosperity, and peace.”

I had considered Fischer’s campaign a “game-changer” in that it pointed to a strong Republican effort to beat entrenched Democratic incumbent Dennis Black in Senate district 15.

Two other Republicans have announced plans to run against Black: Patrick Payton and Crystal Bruntz. But since neither has Fischer’s connections to the “Liberty” movement that dominates the current state GOP’s leadership, I’m not convinced Senate district 15 will rise to the top tier of competitive Iowa Senate races. Senate Majority Leader Mike Gronstal doesn’t seem worried about holding this seat either.

After the jump I’ve posted a map of the district and the latest voter registration totals.

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"No Labels"? More like, "No point"

Last week Jennifer Jacobs wrote a strange feature for the Des Moines Register exploring why the “No Labels” movement is not gaining more traction in Iowa.

A better question: why would smart guys like State Senator Jeff Danielson or U.S. Representatives Bruce Braley and Dave Loebsack hitch their wagons to this useless group? Leaders of No Labels express grand ambitions to “make government work again,” but the organization looks more like make-work for political consultants who are between campaign jobs. Resting on false premises, No Labels promotes the wrong “fix” for what’s broken in public policy. It’s also a classic example of a Washington-based astroturf (that is, fake grassroots) movement.  

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When lobbyist declarations speak louder than headlines

The working of Iowa’s state legislature is transparent in many ways. The official legislative website provides thorough, timely and permanently accessible information about bills, legislators, committees, votes, and other events. Most Iowa House and Senate members are accessible to interested constituents, even listing their home and/or cell phone numbers on the web. When the legislature is in session, members of the public can come to the Capitol during working hours and often speak to key lawmakers about the issues they care about.

Nevertheless, it can be hard for those on the outside to figure out what is really going on at the statehouse. So it was last week when the Iowa House approved House File 2109, “An Act relating to vapor products and alternative nicotine products, and providing penalties.” Following the lead of the bill’s sponsor, news headlines made this legislation sound like a step toward protecting children’s health: “Iowa House approves ban on sale of e-cigarettes to minors”; “Iowa House passes ban on e-cigarettes for minors”; “House votes to ban e-cigarette sales to minors.”

The lobbyist declarations told a different story.  

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IOWA FAMILIES DENIED ACCESS TO EVIDENCE-BASED CARE

(Bleeding Heartland welcomes guest diaries advocating for or against bills pending in the Iowa legislature. The link to the study mentioned in the second paragraph appears to be broken. Here is the abstract from a peer-reviewed medical journal. http://onlinelibrary.wiley.com... - promoted by desmoinesdem)

Friends of Iowa Midwives has worked with legislators to present companion bills in the House and Senate that would allow for safe and legal access to Certified Professional Midwives (CPMs) in Iowa.  For 15 years Friends of Iowa Midwives has worked toward licensure for CPMs. In 1999 the Iowa Legislature conducted a scope of practice review, the result of which was a recommendation to the legislature that the CPMs should be licensed through the Iowa Department of Public Health.  The bills propose that a license be created for the already trained and nationally certified midwives who seek to provide quality and safe care to Iowa women.

Every year in Iowa, more than 500 women choose to give birth outside of the hospital.  This number is on the rise both in Iowa and nationally.  A study published last month in the Journal of Midwifery and Women’s Health again demonstrated that for low-risk women out-of-hospital birth with skilled providers is a safe option.  This study found that almost 94% of the nearly 17,000 participants had a spontaneous vaginal birth.  The cesarean rate for this study was 5.2%.  The national average cesarean rate is 33%.  The in-labor transfer rate for this study was between 8-23%.  The most common reason for a transfer of care was prolonged labor or what is commonly called failure to progress. This study was one of among several that have demonstrated that out-of-hospital birth is a safe option for low-risk women. 

 

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Next time, think before you endorse in a primary

Iowa’s largest labor union, AFSCME Iowa Coucil 61, endorsed State Senator Jack Hatch for governor yesterday, as did several Teamsters locals in the state. I’ve posted the press release after the jump. Labor union endorsements of the leading Democratic challenger to Governor Terry Branstad are only to be expected. The event would not be as newsworthy had AFSCME not made a big deal out of endorsing State Representative Tyler Olson in October. Olson dropped out of the governor’s race for personal reasons near the end of last year.

I never understood why AFSCME felt compelled to get involved in a primary featuring two state lawmakers with strong records on labor issues. Looking at the financial report AFSCME’s political action committee filed last month, I find the strategy even more baffling. During 2013, AFSCME Iowa Council 61 P.E.O.P.L.E. gave $100,000 to Olson’s gubernatorial campaign–by far the PAC’s largest expenditure. The Iowa Democratic Party and the Senate Majority Fund each received $10,000. Various Democratic state legislators or candidates for the Iowa House and Senate received campaign contributions ranging from $250 to $5,000. The House Truman Fund supporting Democratic candidates for the lower chamber received $1,000. AFSCME also supported a smattering of candidates for local government.

Speaking to Radio Iowa yesterday, AFSCME Council 61 President Danny Homan said, “When we endorsed Tyler I stated that it was a very difficult decision to pick Tyler over Jack. That was a close call.” If my dues donations were supporting AFSCME’s political activities, I’d be very upset that $100,000 went to support a “close call” for one candidate over an equally pro-labor primary rival. It would have been smarter for AFSCME to give more to pro-labor lawmakers and candidates for the Iowa House and Senate during 2013, and save any six-figure gifts for the Democratic nominee after the gubernatorial primary.

UPDATE: Corrected to clarify that separate donations (not union dues) are used for AFSCME’s PAC. My original point stands: I would stop giving to any PAC that made this kind of strategic choice. To my mind, it doesn’t matter whether they endorsed Olson or Hatch; they should not waste $100,000 meddling in a Democratic primary where both candidates support their issues, especially when control of the Iowa legislature is at stake in the midterms. Remember, this PAC made only $150,985.05 in expenditures during the reporting period. Two-thirds of the money went toward a race that Danny Homan admitted was a “close call.” Not a wise use of resources.

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Iowa Republicans determined to ignore education funding law

Iowa’s Constitution lays out a straightforward process for changing state law: first, a bill needs to pass the Iowa House and Senate by a simple majority in both chambers. Then, the governor signs the bill into law. Alternatively, state legislators can pass a new law without the governor’s support, by over-riding a veto with a two-thirds majority in both chambers.

Iowa House Republicans and Governor Terry Branstad don’t like current state law on setting state funding for K-12 education a year in advance. However, they lack support in the Democratic-controlled Iowa Senate for changing that law through the normal legislative process. So, they have decided they can pretend the law doesn’t exist.

It appears that nothing short of a court order will change their minds.

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Judge orders Branstad administration to reopen Iowa Juvenile Home

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

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

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

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