# State Legislature



New hope for Medicaid expansion in Iowa?

When news broke last week of a tax compromise skewed toward business, I wondered why Senate Democrats would agree to pass that bill without progress toward Medicaid expansion, one of their top priorities. Governor Terry Branstad was saying legislators should adjourn after approving a budget, education reform and the tax deal, returning later this year for a special session on health insurance coverage for low-income Iowans. In my opinion, Democrats would be insane to give Republicans what they want on taxes now, hoping for Medicaid expansion later.

Today several signs point toward a possible deal on Medicaid coverage before the end of the legislative session.

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Iowa Senate GOP staffer alleges hostile work environment, sexual harassment (updated)

Kirsten Anderson lost her job on Friday afternoon as communications director for the Iowa Senate Republicans. Today she went public alleging that she was fired after documenting sexual harassment by GOP state senators and staffers. WHO-TV broadcast Dave Price’s exclusive interview with Anderson Sunday morning, and I recommend watching the whole clip at their website. After the jump I’ve posted highlights from Anderson’s claims and a denial from Ed Failor Jr., a top staffer for Senate Minority Leader Bill Dix.

As a bonus, I enclose below your laugh for the day: a screenshot from the official Iowa Senate GOP website as of 7 pm on Sunday. The front page includes a link to the Des Moines Register’s blog and the headline, “Iowa Senate GOP staffer claims she was fired for protesting sexual harassment; Dix aide issues strong denial.” I wonder whether Anderson was the only person on that staff who knew how to update the website. It’s also possible that the Des Moines Register political blog headlines automatically feed into that box on the front page, and no other Senate GOP staff checked the site over the weekend.  

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Tax bargain is "Christmas for Walmart," raw deal for most Iowans (updated)

Iowa House and Senate conference committee negotiators appear to have struck a grand bargain on taxes. I haven’t seen any press release on the agreement yet from Senate Democrats, so I don’t know whether there is consensus in the caucus for the deal. But both Senate Majority Leader Mike Gronstal and Minority Leader Bill Dix are backing the compromise, as is House Speaker Kraig Paulsen.

After the jump I’ve posted commentary on the deal and a memo outlining the details. The bulk of the tax cuts will go to commercial property owners, but I see no evidence that the majority of small business operators (who rent rather than own property) will benefit at all. Democrats are getting the earned income tax credit increase they’ve been trying to pass for years, and that’s an important issue. However, the same vulnerable populations that benefit from the earned income tax credit will bear the brunt of the state and county service cuts that will likely happen as the commercial property tax reductions are phased in.  

I haven’t had my eye on property taxes during this year’s legislative session, because I assumed no compromise would be found between the very different bills favored by Iowa House Republicans and Iowa Senate Democrats. A recent analysis by the Iowa Fiscal Partnership showed that the Democratic approach was better for commercial property owners “with less than $622,500 valuation in property,” while larger businesses (such as national retailers or real estate trusts) would do better under the GOP plan. That must-read study also undercut the case for any urgency to reduce property taxes in Iowa.

Any relevant thoughts are welcome in this thread. UPDATE: Added some comments from Iowa legislators and information about a loophole that could disqualify a lot of commercial property from the tax reduction.

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Kent Sorenson clashing with House Republicans over abortion funding

State Senator Kent Sorenson claims to have made some Iowa House Republicans unhappy by helping the advocacy group Iowa Pro-Life Action pressure state representatives over abortion funding. Currently, Iowa’s Medicaid program covers abortions under very limited circumstances. In fact, our state is among the most restrictive in this area. Nevertheless, a compromise worked out on the final day of the 2011 legislative session angered many conservatives. Some Iowa Republicans have pushed for a total ban on Medicaid-funded abortion.

In a Facebook post last night, Sorenson lambasted members of his own party who do not keep their promises on the “pro-life” issue. He claimed that some House Republicans “are considering filing ethics charges against me” because he signed a letter Iowa Pro-Life Action sent to lawmakers. Looking through the Iowa House Code of Ethics, it’s not clear to me which rule Sorenson might have violated. House Republican staffer Josie Albrecht told me by telephone that she was not aware of any pending ethics complaints by legislators against Sorenson.

I enclose the full text of the Facebook post after the jump. At this writing, it has been “shared” by 63 Facebook users, including conservative talk radio hosts Steve Deace and Jan Mickelson.

Sorenson is already facing an ethics investigation related to alleged paid work for Michele Bachmann’s presidential campaign. I have been wondering whether Republicans might be better off with a different nominee in Iowa Senate district 13 next year. However, an uncompromising stand against abortion funding would serve Sorenson well if he faced a GOP primary challenger.

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Iowa's recreational land use immunity doctrine .....

(Interesting commentary by an attorney and Iowa House member about a recent Iowa Supreme Court ruling and the bill drafted in response. - promoted by desmoinesdem)

cross-posted with permission from State Representative Mary Wolfe’s blog

There have been many questions/concerns raised by the Iowa Supreme Court’s recent ruling in Sallee v. Stewart, in which the Court was asked to interpret Iowa’s Recreational Land Use Immunity doctrine. Like most of my colleagues, I’ve read the relevant court cases and studied the applicable statutes, and I’ve reviewed House File 605, the Farm Bureau’s proposed bill intended to fix the “crisis” allegedly created by the Sallee ruling – and like many others, I’ve concluded that the actual impact of the Sallee ruling on Iowa’s recreational land use immunity doctrine is minimal, and that the Farm Bureau’s proposed legislation is an over-reaction to Sallee‘s extremely narrow holding.

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Latest tactics to bring Republicans around on Medicaid expansion

The Iowa legislature’s 2013 session is already in overtime, and the standoff over whether to expand Medicaid is one of the last obstacles to adjournment. A conference committee including five lawmakers from each party has been seeking middle ground between Medicaid expansion, a priority for the 26 Senate Democrats, and the “Healthy Iowa Plan” that barely cleared the Iowa House but failed in the Senate.

This week Senate Democrats offered another gesture toward the Republican desire for low-income Iowans to have more “skin in the game” when they obtain health insurance coverage.

Meanwhile, three major advocacy groups stepped up their efforts to persuade lawmakers that the Healthy Iowa Plan offers inferior access for patients while incurring substantially higher property tax costs.

Finally, a coalition of progressive organizations announced that it will run a television commercial this Sunday targeting GOP State Representative Dave Heaton, the weakest link among House Republicans trying to pass Governor Terry Branstad’s alternative plan. Details on all those developments are after the jump.

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Republican Ken Rizer will challenge Daniel Lundby in Iowa House district 68

One of the ten closest Iowa legislative races last year was in House district 68, where Democrat Daniel Lundby defeated two-term State Representative Nick Wagner by 117 votes, 50.3 percent to 49.6 percent. I’ve been expecting Wagner to attempt a political comeback in 2014, as Governor Terry Branstad recently withdrew his nomination to serve on the Iowa Utilities Board.

If Wagner attempts to return to the statehouse, he will need to get through a GOP primary first, because yesterday Ken Rizer announced his campaign in House district 68. I’ve posted background on Rizer and Lundby after the jump, along with a district map and the latest voter registration totals.

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Another Iowa legislative victory for Big Ag

Factory farm advocates failed in 2009 to circumvent the Iowa DNR’s rulemaking on applying manure over frozen and snow-covered ground. Then they failed in 2010 to win passage of a bill designed to weaken Iowa’s newly-adopted regulations on manure storage and application.

But this year, the Iowa Pork Producers Association succeeded in convincing state lawmakers to relax requirements for CAFO operators to be able to store their own manure properly. All they had to do was dress up their effort as an attempt to help families with aspiring young farmers.

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Iowa Senate rejects Branstad's alternative to Medicaid expansion

Less than 24 hours after the Republican-controlled Iowa House approved language to enact Governor Terry Branstad’s Healthy Iowa Plan, the Iowa Senate voted on party lines today (26 to 24) to reject the House version of Senate File 296. A conference committee will now attempt to work out a compromise on whether to expand Medicaid to all Iowans earning up to 138 percent of the poverty line, as the 2010 federal health care reform law envisioned.

After the jump I’ve posted a video of Senate President Pam Jochum speaking on the Senate floor today to contrast Medicaid expansion with the governor’s plan. I’ve also enclosed details on Branstad’s highly implausible claim that his plan would cost poor Iowans less out of pocket than expanding Medicaid. Senate Democrats have pointed out that Iowans living in poverty could never afford the co-pays and premiums envisioned in the Healthy Iowa Plan.

Finally, I’ve added below excerpts from the Iowa Hospital Association’s latest blog post explaining why Medicaid expansion is a better choice than the governor’s plan.

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Republican lawmaker voices doubts on alternative to Medicaid expansion

For months, I’ve been wondering if and when some Republican lawmakers would balk at supporting Governor Terry Branstad’s “costs more, covers less” alternative to expanding Medicaid in Iowa.

For the first time yesterday, an Iowa House Republican said he may not vote for Branstad’s plan. I doubt it’s a coincidence that the wavering lawmaker is unusually knowledgeable about health care services in Iowa.

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Iowa Court Ruling Favors Distributed Generation

(Important story: more background on the Iowa Environmental Council blog and at the Vote Solar website. - promoted by desmoinesdem)

Today (April 12), Midwest Energy News ran the first coverage I've seen on an Iowa district court ruling in favor of allowing solar installers to install PV systems on a customers property and enter into a power purchase agreement with that customer.While great news, I'll explain why you may not want to get overly excited over this development. I'll apologize in advance for sounding like a grumpy curmudgeon. I'm a fun guy,Really!!

There are reasons I'm sounding glass half empty here. First, this ruling could be appealed (and over turned by a higher court). This happened in 2005 when the Iowa Supreme Court reversed its ruling that required rural electric cooperatives to offer net metering. Let”s hope this recent ruling fares better. Still, as the good folks quoted in the article note, this decision will no doubt influence other court and utility commission rulings around the country. That's good news.

The next reason I'm only moderately excited here is that this ruling only affects one financing method for solar PV, not any of the underlying regulatory changes necessary for its use to become widespread in Iowa. Many Iowans don't have access to net metering or standard interconnection procedures (investor owned utilities only, not RECs and Municipals). They also can't get a fair price for electricity sales. Remember that feed in tariff legislation I've been blogging about? The state Senate Democrats were unable to bring SF372 to the senate floor for a vote. Chalk up another one for the utility lobby. So, if you're dealing with any or all of these issues, you probably don't care much about leasing a PV system. Your potential PV system salesman won't be very interested either.

Also, there are ways to structure a lease agreement without entering into a Power Purchase agreement with your PV salesman. Ideally, leases should also save you money over your current monthly electric bill and eventually enable you the option to own the asset. Leasing does have its place, schools, hospital, and other non-profit entities will be interested for sure.

Finally, my opinion is that third party PPA leasing will be mostly used by customers interconnecting to Alliant energy, a utility with relatively high Iowa retail electric rates, net metering, and standard interconnection procedures. I see this as a continuation of the unequal experience Iowans have when trying build renewable energy systems. Solar installs in Alliant Energy service territory have become fairly easy and will become commonplace. Iowans working with other Iowa utilities could have more difficulties or find out it is almost impossible to build the same system. This unequal treatment for Iowa ratepayers will most likely result in more constituent calls to Iowa legislators to fix these regulatory issues and level the playing field in Iowa. Hopefully Iowa policy advocates will also unite and send a clear message to Iowa legislators about the policy changes Iowa needs to advance locally owned renewable energy. This court ruling should help move our state in the right direction.

 Gregg Heide

renewablefarmerblogspot.com 

Iowa Medicaid expansion news roundup (updated)

Last week Governor Terry Branstad finally introduced legislation to enact his Healthy Iowa Plan instead of the Medicaid expansion foreseen under the 2010 federal health insurance reform law. Strangely, neither the governor’s office nor the Iowa House Republican caucus held a news conference or even posted a press release about House Study Bill 232. The bill arrived at the statehouse on Thursday, April 4, after many legislators had left for the weekend.

So far House and Senate Republicans appear united behind Branstad’s approach, while the governor’s office strives to counter the obvious case against his plan (costs more, covers less). I’ve posted arguments for both sides and other news links after the jump.

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Ghost of past vetoes haunts Iowa education reform negotiations

Governor Terry Branstad has invested a lot of political capital in education reform. His staff organized a large conference on the topic in 2011, featuring U.S. Secretary of Education Arne Duncan and other nationally-recognized speakers. Later that year, the governor rolled out an ambitious blueprint for education reform, which was a focus of his “Condition of the State” speeches to state lawmakers in 2012 and 2013. Branstad wants something bigger and better than the narrowly-focused education reform deal approved last spring. To encourage legislators to work harder on this issue, the governor has even held up K-12 school funding decisions that should have been made a year ago under Iowa law.

Iowa House and Senate members are now negotiating over education reform bills approved in each chamber on party lines. But Branstad’s past use of his line-item power is standing in the way of broad legislation.  

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UPDATED: Three Democrats planning to run in Iowa House district 99

Several Democrats have already announced plans to run for Iowa House district 99 in Dubuque next year. State Representative Pat Murphy has represented part of that city for more than 20 years. He is leaving the state legislature to run for Congress in Iowa’s first district.

After the jump I’ve posted background on Kevin Lynch, Steve Drahozal, Abby Finkenauer and Greg Simpson, along with a map of House district 99 and the latest voter registration totals. More candidates may emerge in this strongly Democratic House seat before the filing deadline in March 2014. One or more of the current candidates may opt out of the race before the filing deadline.

APRIL 5 UPDATE: Erin Murphy of the Dubuque Telegraph-Herald reports that Lynch has decided not to pursue this campaign. According to a Bleeding Heartland reader in Dubuque, both Drahozal and Finkenauer (but not Lynch) addressed county Democrats at the off-year caucus in March.

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Iowa House votes to relax manure storage rules for CAFOs (updated)

In an ideal world, evidence that more than half of Midwest rivers and streams can’t support aquatic life would inspire policy-makers to clean up our waterways. Rivers that are suitable for swimming, fishing, and other recreation can be a huge economic engine for Iowa communities.

We live in Iowa, where most of our lawmakers take the Patty Judge view: “Iowa is an agricultural state and anyone who doesn’t like it can leave in any of four directions.”

Yesterday the Iowa House approved a bill to relax manure storage regulations for large confined animal feeding operations (CAFOs). All of the House Republicans and two-thirds of the Democrats supported this bad legislation. Details on the bill and the House vote are below.

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Sixteen Iowa lawmakers issue dumbest ultimatum ever

The FAMiLY Leader’s strange obsession with the Iowa Governor’s Conference on LGBTQ Youth is well-established. Last year, the socially conservative organization led by Bob Vander Plaats was so focused on getting Governor Terry Branstad to drop his affiliation with this conference that they were too “busy” to protest as the governor wined and dined the future Communist ruler of China (world leader in coerced abortions).

The FAMiLY Leader was at it again last week, throwing a fit over the 8th Annual Governor’s Conference on LGBTQ Youth scheduled for April 3. For this post, I don’t want to focus on the “ludicrous” concerns raised by people like Chuck Hurley (“Stop coming after my kids and other people’s kids with evil propaganda”). I don’t want to focus on how Branstad “ducked rather than draw fire from name-callers” with this weak response to the controversy.

Today I’m more interested in sixteen Republican lawmakers who showed their solidarity with the FAMiLY Leader by making an idiotic promise they can’t possibly keep.

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Iowa Senate approves Medicaid expansion along party lines

Last night the Iowa Senate approved Senate File 296, a bill to expand Medicaid, on a strictly party-line vote of 26 to 23. You can listen to the entire Senate debate (approximately 90 minutes) at Radio Iowa. I’ve posted highlights from the debate after the jump, along with the full list of 52 organizations that have registered their support for Senate File 296. Some corporations and organizations have have registered their lobbyists as undecided on Senate File 296, but at this writing, not a single organization is registered against the Medicaid expansion.

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Iowa schools left in limbo despite growing state revenues

School districts across Iowa are flying blind with less than a month left to certify their budgets for the coming fiscal year. Although Iowa’s state revenues are rising and expected to grow more next year, administrators have no idea whether K-12 district budgets may increase, and if so, by how much.

Students and teachers will pay the price for the decision by Iowa House Republicans and Governor Terry Branstad to hold school funding hostage to education reform.

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Branstad running out of excuses not to expand Medicaid (updated)

Iowa Senate Democrats offered Governor Terry Branstad a compromise this week to address his concerns that the federal government will not keep its promises to fund the Medicaid expansion provided under the 2010 health care reform law. Follow me after the jump for details on their latest offer and a cost comparison of Medicaid expansion and Branstad’s “Healthy Iowa Plan.”

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Iowa House: Birthplace and graveyard for marriage and abortion bills

During 2011 and 2012, the Iowa Senate was our state’s firewall against the social conservative agenda. The Republican-controlled Iowa House passed a constitutional amendment to ban same-sex marriage, sweeping limits on abortion rights (twice), a “stand your ground” bill and a constitutional amendment that would invalidate virtually all restrictions on guns. All of those bills died in the Democratic-controlled state Senate.

Social issues have never been a priority for Iowa House leaders. They blocked a floor vote on a “personhood” bill in 2011 and steered clear of extremist crusades like impeaching Iowa Supreme Court justices and replacing gun permit laws with “constitutional carry.” Still, I expected House Republicans to cover the usual bases during this year’s legislative session.

Instead, almost every high-profile bill on so-called family values failed to win House committee approval and therefore died in the legislature’s first funnel deadline last Friday. That includes some mainstream conservative efforts as well as freak show bills like ending no-fault divorce or barring county recorders from issuing marriage licenses to same-sex couples.

Most amazing to me, House Republicans no longer have the votes to pass a constitutional amendment restricting marriage to one man and one woman.  

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Senator Tom Courtney recovering from heart surgery

Democratic State Senator Tom Courtney is recovering from successful heart surgery performed last Thursday, the Des Moines Register’s William Petroski reported today. Courtney chairs the Iowa Senate Budget Subcommittee on Justice Systems and serves on several other committees. I’m sure the whole Bleeding Heartland community joins me in wishing him a speedy recovery.

While Courtney is recuperating, Democrats lack the 26th vote they need to pass controversial legislation in the Iowa Senate. However, Courtney’s absence should not be too disruptive as long as he is able to return by April 5. That is the second “funnel” deadline, by which time most non-appropriations bills need to be approved by one chamber and by a committee in the other chamber in order to stay alive. The first “funnel” approaches this Friday, March 8. Most bills that have not cleared at least one committee in one chamber by that date will be dead for the 2013 legislative session. But bills need not be approved by the full Iowa Senate to make it through the first funnel.

MARCH 11 UPDATE: Courtney told the Des Moines Register that he plans to return to the Iowa Senate this week.

Will Branstad's "Healthy Iowa Plan" fly? (updated)

Governor Terry Branstad announced his administration’s alternative to Medicaid expansion this morning at his regular weekly press conference. The “Healthy Iowa Plan” would cover approximately 89,000 Iowans with income below the federal poverty level. In contrast, Medicaid expansion would cover up to 150,000 Iowans with income below 133 percent of the poverty level.

Details on the new plan are after the jump. Early reaction from Senate President Pam Jochum suggests that the Iowa Senate will not be inclined to approve this proposal. I also question whether the U.S. Department of Health and Human Services will grant a waiver for Branstad’s plan. Federal officials have already denied requests from Branstad and other governors to allow a smaller Medicaid expansion than what the 2010 health care reform law provides.  

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Weekend open thread: Religious tolerance edition

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

A couple of items related to religion caught my eye over the past few days. Governor Terry Branstad is promoting a new anti-bullying bill, which includes a religious exemption that some may interpret as a “license to bully.” More details are below.

Also after the jump, I enclosed part of a commentary from an Iowa rabbi who is “dumbfounded” by people who “demonstrate little respect for any other religious tradition than his or her own.” I predict that this rabbi will stop being surprised long before he stops having these interactions.

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Latest news on the conflict over expanding Medicaid in Iowa

This week New Jersey’s Chris Christie became the eighth Republican governor to recognize that only a chump would turn down 100 percent federal funding to provide Medicaid coverage to low-income constituents. But Governor Terry Branstad doubled down on his determination not to allow Medicaid to expand in Iowa.

While some advocates are hoping Republican legislators will help pass a Medicaid expansion bill by a veto-proof majority, that scenario appears extremely unlikely. A prolonged standoff between Branstad and Iowa Senate Democrats seems unavoidable.

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Branstad has no case against expanding Medicaid (updated)

Five years ago this week, I was hospitalized with an infection that might have become life-threatening or permanently debilitating had I not had health insurance coverage, which allowed me to receive a relatively early diagnosis. Every day in this country, uninsured people hunker down, hoping their health problem will go away without an expensive doctor’s visit. That’s one of many reasons studies have shown that expanding Medicaid saves lives.

Governor Terry Branstad sounds determined not to expand Medicaid, but none of his arguments can withstand scrutiny.

UPDATE: Branstad confirmed on February 23 that he will not agree to expand Medicaid. Added details and other related news below.

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Weekend open thread, with highlights from latest Des Moines Register poll

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

The Des Moines Register continues to release bits and pieces from the latest Iowa poll conducted by Selzer & Co. After the jump I’ve posted some of the more important findings, other than the IA-Sen numbers, which I discussed in this post. Like the Iowa .Gif-t Shop blog, I found it bizarre that the Register asked respondents whether they’d be “thrilled,” “mildly happy,” or “don’t really care” about the prospect of certain national retailers opening an Iowa store.

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Lower-income Iowans have higher state, local tax burden

As Iowa legislators consider what to do with the state’s nearly $1 billion budget surplus, Republicans are advocating a $750 income tax credit for “every average Iowa family.” But that credit would do nothing for lower-income Iowans who have the largest state and local tax burden. The latest report by the Institute on Taxation and Economic Policy shows yet again that in Iowa and across the country, the bottom 20 percent of households by income pay the largest percentage of their income in state and local taxes (mostly property, sales and excise taxes).

The full report is available on the institute’s website. For the Iowa data, click here or here. Some charts, facts and figures on Iowa’s regressive tax system are after the jump. In my opinion, the bulk of Iowa’s surplus should go toward restoring and improving state services that have been underfunded for many years. The most valuable tax policy change would be increasing the earned income tax credit that benefits working families. Cutting personal income taxes should be way down the priority list, especially since high-income Iowans can already use a wide range of deductions to lower their income tax bill.

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Iowa Senate approves boost to K-12 school funding (updated)

Traditionally, Democrats and Republicans in the Iowa legislature have argued over the amount of state education funding. Now it’s a battle just to set an allowable growth level for K-12 school districts. Last year’s legislature failed to meet a deadline for approving allowable growth for fiscal year 2014, covering the 2013/2014 academic year. As a result, school districts have no idea how much they will be able to increase their budgets for the fiscal year beginning on July 1, or whether they will be able to increase their budgets at all.

Yesterday the Democratic-controlled Iowa Senate voted along party lines to set allowable growth at 4 percent for the coming fiscal year. Governor Terry Branstad and statehouse Republicans want to put off any decision on allowable growth until the legislature passes another education reform bill. After the jump I’ve posted background and more details about this issue.

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IA-SEN: Braley meets with Iowa House and Senate Democrats

Representative Bruce Braley braved some pretty bad winter weather this morning to meet with Iowa House and Senate Democrats at the state capitol. I haven’t seen any details about his remarks, which were closed to the public and media. No doubt he is trying to gain early backing for a U.S. Senate candidacy. State Senator Steve Sodders posted on Facebook and twitter today, “Great morning speech today by Congressman Braley…I’m a supporter.” Sodders represents Iowa Senate district 36, which is part of the first Congressional district where Braley just won a fourth term in the U.S. House.

I’ll update this post later if any news leaks about the substance of Braley’s meetings today. My money’s on no serious Democratic primary opposition once he launches his Senate run. He told reporters that U.S. Senate Majority Leader Harry Reid and Democratic Senate Campaign Committee Chair Michael Bennett have encouraged him to run for the seat Senator Tom Harkin is vacating.

Branstad administration rethinking driver's license policy (updated)

Governor Terry Branstad indicated yesterday that the Iowa Department of Transportation will review its policy on driver’s licenses for immigrants with Deferred Action for Childhood Arrivals status. He also suggested that if the Iowa legislature addresses this issue, he would sign a bill allowing approximately 5,000 undocumented immigrants with this status to receive Iowa driver’s licenses and non-operator IDs.

UPDATE: On the afternoon of January 23, the Iowa DOT announced it will issue driver’s licenses to immigrants with deferred status. The full official statement is at the end of this post.

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