# State Legislature



Rest in peace, Paul Bell

State Representative Paul Bell, a Democrat representing Iowa House district 41 (Newton area) for nine terms, died today. He was only 59 and had been diagnosed with stomach cancer last year. Despite extensive treatments, the cancer spread quickly. Last week Bell’s family told journalists that he had been hospitalized with advanced cancer. Jennifer Jacobs reported for the Des Moines Register,

During this past legislative session, which ran January to March, Bell had chemotherapy and radiation treatment throughout. But he didn’t miss a day at the Iowa Capitol.

As a legislator for 17 years, Bell, a former Newton police officer, was best known for his dedication to the environment. He also worked extensively on law enforcement and public safety issues.

Today Iowa House Speaker Pat Murphy and House Majority Leader Kevin McCarthy released this statement:

“We are deeply saddened by the loss of Rep. Paul Bell.  Our thoughts and prayers are with his wife, Nikki, and their two children.

As a police office and legislator from Newton , he spent his life keeping his community safe and making Iowa  a better place to live.  After serving 18 years in the Iowa House and chairing the Natural Resources Committee, Iowans will benefit from Rep. Bell’s passion and commitment to preserving our natural resources for generations to come.  He will be sorely missed in the Iowa House.”

Please feel free to share your thoughts and memories in this thread.

UPDATE: Iowa House Republican leader Kraig Paulsen released the following statement: “Our thoughts and prayers go out to Rep. Bell’s family during this difficult time. Rep. Bell was a respected legislator who gave his time and energy serving others in the state legislature.”

Environmental organizer and activist Christian Ucles commented:

Iowa Legislator Paul Bell died. He will be sorely missed, he was a man larger than life. A kind, Compassionate, caring man. God Bless You

SECOND UPDATE: Statement from Representative Leonard Boswell:

“Paul Bell was a strong advocate for Newton and Jasper County in the Iowa House and an important partner of mine in representing those communities. I had the opportunity to serve with him for three years during my time as President of the Iowa Senate and I can’t say enough about his tireless commitment to his constituents. My wife, Dody, and I send our thoughts and prayers to Paul’s wife, Niki, and his children.”

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Attack mailers target Ako in Iowa House district 66

A critical Democratic primary contest is taking place in House district 66, where Clair Rudison is challenging two-term State Representative Ako Abdul-Samad. I discussed this race here. A Bleeding Heartland reader who lives in the district sent me images of direct-mail pieces Rudison’s campaign has sent out during the last week or so. I’ve posted the images after the jump. One says marriage is a “building block of our community,” noting that Clair Rudison wants to “let the people vote” while Ako Abdul-Samad “has consistently voted against allowing the Iowa House to bring this matter to the people.” Another points out that Ako voted for increasing vehicle registration fees. A third says Ako voted for creating the Iowa Film Office and therefore “opened the door for your tax money to be stolen by Hollywood producers.” The fourth piece draws a contrast between Ako and Rudison on all of the above issues (Iowa Film Office, vehicle fee increases, and allowing Iowans to vote on marriage).

Rudison implies that “a majority of Iowans” oppose Ako’s stance on marriage equality, but the latest KCCI poll suggests a majority favor same-sex marriage rights. House district 66 contains some of the most gay-friendly neighborhoods in Des Moines (Drake area, Sherman Hill, “East Village”), so it’s far-fetched to portray Ako as out of step with his constituents.

Rudison unfairly alleges on one mailer, “Instead of tax dollars being spent to fight crime, improve education or increase access to health care, Ako gave our money to Hollywood.” During Ako’s two terms in the Iowa House, Democrats have allocated lots of money to fighting crime, improving education and expanding access to health care, especially for children. I’m no fan of the film tax credit, but the money we wasted on that program didn’t stop Democrats from expanding children’s health care and voluntary preschool for four- and five-year-olds. I was amused to read that Rudison claims to have “opposed creation of the Film Office.” Is there a public record of that? Only one member of the Iowa House and two members of the Iowa Senate voted against creating the film tax credit. Rudison was a pastor in Fort Dodge at the time.

In an overview of this race at Iowa Independent, Jason Hancock noted that Rudison “has focused his campaign on issues like education and the state budget, pointing to the Forrest Avenue Library’s decision to close on Fridays and Saturdays due to budget cuts […].” Although Rudison hasn’t said much about gay marriage, the Iowa Family PAC (which is connected to the Iowa Family Policy Center) is supporting his campaign. Activists on the religious right have reason to support Rudison because no Republican has a prayer of winning House district 66. In addition, the only House Democrat who has consistently voted with Republicans on marriage issues (Dolores Mertz) is retiring. House Republicans would love to have Rudison join the Democratic caucus so they can continue to claim bipartisan support for their efforts to bring a constitutional amendment on marriage to a vote.

Ed Fallon represented House district 66 for 14 years and knows the area well. I share his assessment that Ako “should win this [primary] easily, but he’s not taking anything for granted, which is smart.” Ako has strong roots in the community, and he won a seat on the Des Moines School Board before running for the state legislature. He’s been making lots of voter contacts and has the endorsement of AFSCME. One Iowa’s political action committee, the Fairness Fund, has an organizer working in the district too. However, Rudison has been campaigning actively, and I don’t doubt there are many voters upset about budget cuts affecting their families, schools and local library. If you or any of your Democratic friends live in this district, please do what you can to get out the vote for Ako on Tuesday.

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Events coming up this weekend and next week

With only five days left before the Iowa primaries on June 8, many candidates have a busy weekend ahead. Event details are after the jump. Please post a comment or send an e-mail to desmoinesdem AT yahoo.com if you want to suggest an event for this calendar. Iowa Democratic candidates, please add me to your list for press announcements so that I can include your public appearances and fundraisers on these calendars. Also, let me know where you are having your election night parties if you would like me to add them to this post.

Although most of the competitive primaries this year are on the Republican side, please remind your friends and family to vote in the June 8 election. Democrats across the state have a choice to make in the U.S. Senate race between Roxanne Conlin, Tom Fiegen and Bob Krause. Democrats in 32 counties (the fifth Congressional district) will select either Matt Campbell or Mike Denklau to face Representative Steve “10 Worst” King. A few state legislative districts have multiple Democrats running too. County auditors’ offices are open for early voting today, tomorrow, Saturday and Monday.

Stay tuned for a Bleeding Heartland primary election prediction contest. I’ll post more details soon. As usual, no prizes will be awarded, but the winner gets bragging rights.

Most of our Democratic incumbents and challengers are out knocking on doors every weekend and often during the week. Please consider getting involved in an Iowa House or Senate race near you. Candidates for the state legislature can always use volunteer help, and summer parades and county fairs are not far off.

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Weekend open thread: Mother's Day edition

This thread is for anything on your mind this weekend.

I posted Mother’s Day links on this holiday in 2008 and 2009. For a change of pace this year, I decided to list the Democratic mothers who are currently running for office in Iowa. Please let me know if I’ve inadvertently left anyone out.

Lieutenant Governor Patty Judge

Susan Bangert (candidate in House district 8)

State Representative Sharon Steckman (House district 13)

State Representative Doris Kelley (House district 20)

State Representative Deborah Berry (House district 22)

Mary Wolfe (candidate in House district 26)

State Representative Kirsten Running-Marquardt (House district 33)

State Representative Geri Huser (House district 42)

State Representative Beth Wessel-Kroeschell (House district 45)

State Representative Lisa Heddens (House district 46)

State Representative Helen Miller (House district 49)

Danuta Hutchins (candidate in House district 52)

State Representative Janet Petersen (House district 64)

Ruth Ann Gaines (candidate in House district 65)

Deb Ballalatak (candidate in House district 72)

State Representative Mary Mascher (House district 77)

State Representative Vicki Lensing (House district 78)

State Representative Phyllis Thede (House district 81)

Sheri Carnahan (candidate in House district 84)

State Representative Cindy Winckler (House district 86)

State Representative Mary Gaskill (House district 93)

State Senator Amanda Ragan (Senate district 7)

State Senator Staci Appel (Senate district 37)

State Senator Becky Schmitz (Senate district 45)

Roxanne Conlin (candidate for U.S. Senate)

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Iowans can track their absentee ballots as early voting begins

Today marks the beginning of early voting for Iowa’s June 8 primary election, which is exactly 40 days away. Iowa Secretary of State Michael Mauro announced a new way for voters to track their ballots at www.iowavotes.gov. From a statement issued by the Secretary of State’s Office:

“The new feature on our website is a terrific tool for Iowa voters and will bring additional transparency to Iowa’s early voting system,” said Secretary Mauro. “By using this feature, voters will know when to expect their ballot and when their completed ballot has safely reached their auditor’s office.”

Absentee voters will be able to view the following information about the status of their ballot:

·         Date the absentee ballot request was processed by the auditor

·         Date the auditor sent the absentee ballot

·         Date the voted absentee ballot was received by the auditor

Last fall, Congress passed, and President Obama signed, the Military and Overseas Voters Empowerment Act (MOVE Act). That legislation required states to develop an online absentee ballot tracking system for overseas military voters. Secretary Mauro decided to make this feature available to all of Iowa’s early voters – military and nonmilitary – regardless of location.  

In September 2009, Iowa was recognized in a national study as the top state in the nation in making voting accessible for military and overseas voters.

If you have a chance to see Mauro at one of his campaign kickoff events next Tuesday or Wednesday, please thank him for doing an outstanding job. Three Republicans are seeking the nomination for secretary of state: George Eichhorn, Chris Sanger and Matt Schultz. So far Schultz has the most Republican establishment support.  

Most of the competitive primaries in Iowa this year are on the Republican side, but three Democrats are seeking the nomination for U.S. Senate: Roxanne Conlin, Tom Fiegen and Bob Krause. Two Democrats are running against Representative Steve King in Iowa’s fifth Congressional district: Matt Campbell and Mike Denklau. There’s also a two-way Democratic primary between Richard Clewell and Dave Thede in Iowa Senate district 41 (Scott County) and a four-way Democratic primary between Tod Bowman, Paul Feller, Brian Moore and Ed O’Neill in Iowa Senate district 13 (all of Jackson County and parts of Dubuque and Clinton counties). Five Iowa House Democrats are facing primary challengers: Dave Jacoby (district 30, Iowa City/Coralville), Geri Huser (district 42, east side of Des Moines), Ako Abdul-Samad (district 66, Des Moines), Chuck Isenhart (district 27, Dubuque), and Mary Gaskill (district 93, Ottumwa). Click here to download a pdf file containing the full list of Iowa candidates who qualified for the ballot this year.

Comments about early voting or any Iowa primary races are welcome in this thread.

UPDATE: I forgot to mention that Iowans can also vote early at all 99 county auditor offices.

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Can the Libertarians' "10 percent strategy" pay off in Iowa?

The Libertarian Party of Iowa convened on April 24 to nominate several candidates for statewide offices. The Libertarian candidate for governor is Eric Cooper, a neuroscience expert in the Iowa State University Psychology department. In his speech to the delegates, Cooper said frankly that the Libertarian Party had not been effective in the past. He laid out a “10 percent strategy” for Libertarians to “get everything we want without ever winning an election.” You can watch Cooper’s whole speech here, but I posted a rough transcript of some interesting parts after the jump.

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Marriage equality anniversary thread

One year ago today, the Iowa Supreme Court’s Varnum v Brien ruling went into effect. From April 27, 2009 through the end of last year, at least 1,783 same-sex couples received marriage licenses in Iowa. The real number is probably higher, because about 900 marriage licenses did not specify the gender of the couple involved. Despite a petition drive led by some Iowa Republicans and the Iowa Family Policy Center, not a single county recorder denied a marriage license to a same-sex couple.

Although all three Republican candidates for governor say they want to overturn the Varnum v Brien ruling, marriage equality is probably here to stay. Conservative groups are not urging voters to pass a ballot initiative calling for a constitutional convention, which would be the quickest path to amend the Iowa constitution. Bob Vander Plaats probably won’t win the Republican nomination for governor, much less the November election, and even if he did, his plan to halt gay marriage by executive order is a non-starter.

That leaves the self-styled defenders of traditional marriage one path: approving an amendment restricting marriage rights in two separately elected Iowa legislatures, then convincing a majority of Iowans to vote for that amendment (in November 2014 at the earliest).

Republicans have an outside shot at winning a majority in the Iowa House in 2010, but they have virtually no chance of taking back the Iowa Senate this year. Democrats currently hold a 32-18 majority in the upper chamber. A net gain of four or five seats is the best-case scenario for the GOP, and I consider a net gain of two or three seats much more likely. That leaves Senate Majority Leader Mike Gronstal in a position to block all efforts to bring a constitutional amendment on marriage to a floor vote during the 2011 and 2012 legislative sessions.

Gubernatorial candidate Rod Roberts claims he could force Democrats to allow a marriage vote. His plan is to veto all legislation, including the state budget, until the Iowa House and Senate have voted on a marriage amendment. I doubt a Republican could win that game of chicken even if Governor Chet Culver is defeated this November. Polling indicates that most Iowans are not eager to ban gay marriage and think the state legislature has more important things to do. Anyway, the most likely Republican nominee, Terry Branstad, has an incoherent position on gay marriage and probably would make only a token effort to get a constitutional amendment passed.

Share any thoughts about same-sex marriage in Iowa in this thread.

Speaking of civil rights, some reports indicate that the House of Representatives will vote this year to repeal the military’s “Don’t Ask, Don’t Tell” policy, which has ended far too many military careers. Click here to read a moving open letter to President Obama from an Air Force major who was discharged under Don’t Ask, Don’t Tell.

Wellmark customers will pay more starting May 1

Approximately 80,000 Iowans will face substantial health insurance premium hikes beginning May 1. An independent review has confirmed the “need” for Wellmark Blue Cross and Blue Shield to raise rates by an average of 18 percent. The higher rates were intended to go into effect on April 1, but last month Governor Chet Culver ordered a delay pending an review of the matter. The Des Moines Register reports today,

[Iowa Insurance Commissioner Susan] Voss said in a memo to Culver that Wellmark’s losses supported “the need for the rate increase” based on two separate actuarial analyses conducted by INS Consultants, a Philadelphia actuary. The group also found that the insurance division’s rate review process is actuarially “acceptable” and “reasonable” compared with INS’s methodology.

Birny Birnbaum, head of the Center for Economic Justice, a nonprofit consumer advocacy group in Texas, said it’s unlikely that INS would disagree with the rate increase.

“While INS is technically independent, there is no way the firm would contradict and embarrass the agency which hired the firm,” Birnbaum said Monday. “If INS were to contradict the insurance division, it would likely not be hired in the future by the Iowa Insurance Division or any other insurance regulator.”

Speaking to the Register, State Representative Janet Petersen touted legislation passed during the 2010 session, which is intended to give consumers more information and warning regarding health insurance premium increases. After the jump I’ve posted some key points from Senate File 2201 and Senate File 2356.

These bills contain a lot of good provisions but probably won’t solve this particular problem for many Iowans. Wellmark dominates the insurance market in this state. Giving people a few weeks to shop around won’t magically allow them to find a better deal. In addition, health insurers can still exclude coverage for pre-existing conditions until 2014. The only real choices Wellmark’s individual customers have are: 1) pay a lot more, like my family, or 2) downgrade to a policy that’s less comprehensive and/or involves higher out-of-pocket costs for medical care.

Iowa House Republican leader Kraig Paulsen showed his creative side yesterday, finding a way to blame Democrats for Wellmark’s rate hikes:

Paulsen pointed out that the Democrat-controlled Legislature has voted in recent years to impose several health insurance mandates, such as coverage of cancer clinical trials and prosthetics.

“It’s indisputable that those add to rates. That’s just the way it works,” he said.

Health insurance mandates drive up costs for Iowans, Paulsen said.

“Mandates aren’t necessarily requirements that insurance companies sell something. They’re requirements that purchasers buy something,” he said.

One legislative proposal would have allowed state-regulated health insurance companies to provide mandate-free coverage “for those who want a less comprehensive product,” Paulsen said.

That idea by House Republicans failed, as did a proposal to study allowing out-of-state insurers to offer policies in Iowa, which could help Iowans find cheaper policies, he said.

Come on, Mr. Paulsen, who ever anticipates needing prosthetics someday, or being in a position to benefit from a cancer clinical trial? Anyway, that cancer clinical trial bill passed both the Iowa House and Senate unanimously. Also, allowing out-of-state insurers to sell policies here would spark a “race to the bottom” in terms of consumer protection.

Share any relevant thoughts in the comments.

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Democrats looking more likely to hold Iowa House district 21

First-term Democratic State Representative Kerry Burt announced yesterday that he won’t run for re-election in Iowa House district 21, which comprises part of Waterloo and some rural areas in southern Black Hawk County (map here). The state Attorney General’s Office filed charges against a group of parents including Burt, who allegedly gave false addresses to avoid paying higher tuition fees for their children to attend the Price Laboratory School in Cedar Falls. Burt said in a statement, “I look forward to my day in court.  I believe I am innocent and strongly believe my name will be vindicated once all of the relevant facts come to light. […] I am extremely grateful to the citizens of Waterloo for allowing me to serve and look forward to continuing my public service in the future.”

I wish Burt the best but won’t deny that I’m one of those relieved Democrats John Deeth mentioned here. I’ve been hoping for some time that Burt would not seek re-election, not only because of the tuition scandal but because of his drunk driving arrest in February 2009.

After the jump I cover the recent electoral history of House district 21 and reasons Democrats can feel optimistic about holding the seat.

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Beware of Republican fuzzy math on property taxes

Later today the three Republican candidates for governor will hold their first debate. When discussing state fiscal issues, they are likely to advance two contradictory arguments. First, they will criticize alleged “overspending” by Iowa Democrats, ignoring the good marks our state has received for fiscal management and the fact that severe state budget cuts would be a big drag on the economy. I will address those points in a future post.

Second, the Republican candidates for governor will criticize spending reductions Democrats included in next year’s budget, on the grounds that those cuts will force corresponding increases in property taxes statewide. It’s true that many Iowans will pay more in property taxes because of changes related to the “rollback” calculation, which “determines the percentage of a property’s actual value that will be taxable” in a given year. Former GOP gubernatorial candidate Chris Rants explained here why the rollback figure is on the rise. It has nothing to do with the tough choices Democrats made on the 2011 budget.

Rants and other Republicans are wrong to suggest that any cut in state spending will automatically lead to further property tax hikes. (They’ve been making that claim since Governor Chet Culver’s across-the-board budget cut last October.) Here’s just one example of why their assumptions are flawed. The Des Moines Register reported Tuesday on how Des Moines area school districts are coping with budget shortages. All of the districts will receive less from the state in the next fiscal year. Thankfully, the cuts are smaller than the worst-case scenarios floated in February, because Iowa House and Senate Democrats sought to protect K-12 education from severe budget cuts.

Anyway, all Iowa school districts are adapting to the reduction in state funding. But contrary to what Iowa Republicans are telling you, many districts, including the state’s largest in Des Moines, have ruled out property tax increases. Of the 10 central Iowa school districts mentioned in this article, only three are raising property taxes, and one more is considering that step. The others are cutting expenses and in some cases using money from cash reserves to cover the shortfalls in the coming fiscal year.

Some local governments in Iowa will raise property tax rates, but as with school districts, many will get by with spending or service cuts instead. I support additional federal fiscal aid to local and state governments, because the collapse in revenues is the most severe in six decades, and spending cuts could hamper the economic recovery. But naturally, the same Republicans who scream about property tax hikes are against using “one-time federal money” to help balance budgets.

Share any relevant thoughts in this thread.

Past time to stop texting while driving

Governor Chet Culver today signed into law the ban on texting while driving. This chart at the Iowa Senate Democrats blog shows the relevant prohibitions and exceptions. The House Democrats blog summarizes key points:

House File 2456 prohibits the use of all electronic and mobile devices while driving for those under the age of 18.  Persons over 18 may not use a hand-held electronic device to read, write, or send a text message while driving. Violators will be charged with a simple misdemeanor and a $30 fine.  If texting is the cause of an accident that results in serious injury or death, penalties increase up to a $1000 fine and 180 day license suspension.

Law enforcement cannot stop or detain a person only for suspected violations of texting and local governments are not allowed to adopt their own ordinances.  When the new law takes effect on July 1, law enforcement will begin an education campaign and will only write warning citations for the first year before the enhanced penalties and fines begin to apply.

Click here for the full text and bill history of House File 2456. It’s a reasonable compromise between a broad texting ban approved by the Iowa Senate in February and an Iowa House version that would have applied only to teenage drivers. State Representative Curt Hanson, a retired driver’s education teacher, headed the committee that drafted the compromise language. Texting is dangerous for older drivers as well as for teens.

The new law specifies that police cannot pull someone over solely for a suspected texting violation because while this bill was under consideration, some activists alleged that the texting ban would give officers another excuse for racially-motivated traffic stops and arrests. A group paid for robocalls in some House Democrats’ districts, seeking to generate calls against the new law. Excerpt from one such call, which you can listen to here: “This has nothing to do with safety–they just want another reason to pull you over and to harrass you.”

While the texting ban is a step in the right direction, drivers ought to go further and stop using their cell phones while the vehicle is moving. Driving while talking on the phone has been shown to be as dangerous as drunk driving. Cell phones are estimated to cause 1.4 million crashes a year in the U.S., and hands-free phones are no safer for drivers than hand-held phones. For more background, read the New York Times series of reports last summer on the dangers of cell phone use while driving. I know someone who is normally a good driver but rear-ended another vehicle recently while glancing down to see who was calling her cell phone.

Politically, restricting cell phone use while driving won’t be possible in Iowa until some high-profile accident claims lives here. Too often it takes a tragedy (with sympathetic victims) to spur lawmakers to act.  

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Varnum v Brien anniversary thread and linkfest

One year ago today, the Iowa Supreme Court unanimously ruled that our state’s Defense of Marriage Act violated the equal protection provision of the Iowa Constitution. From the day that ruling went into effect through the end of 2009, at least 1,783 same-sex couples received marriage licenses in Iowa. The real number is probably higher, because about 900 marriage licenses did not specify the gender of the couple involved.

Follow me after the jump for a review of news about marriage equality in Iowa, stories featuring happy couples, and thoughts about the future politics of this issue.  

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End of 2010 legislative session thread

The Iowa House and Senate adjourned for 2010 today, wrapping up the legislative session in just 79 days. In the coming weeks I will post about various bills that passed or failed to pass during the session. For now, you can read wrap-up posts at Iowa Independent, IowaPolitics.com, the Des Moines Register and Radio Iowa.

Democratic legislative leaders said the House and Senate “succeeded in responsibly balancing the budget without raising taxes while laying the groundwork for Iowa’s economic recovery.” Governor Chet Culver described the session as “a real victory for Iowans, particularly hardworking Iowa families.” He also hailed passage of an infrastructure bill including the final installment of the I-JOBS state bonding program. AFSCME Iowa Council 61 praised several bills that passed this year, such as the government reorganization bill, the early retirement program and a budget that saved many public employees’ jobs.

Republicans and their traditional interest-group allies saw things differently, of course. House Minority Leader Kraig Paulsen, Senate Minority Leader Paul McKinley and Iowans for Tax Relief all emphasized the use of one-time federal dollars to help cover state spending. Their talking points have made headway with Kathie Obradovich, but the reality is that much of the federal stimulus money was intended to backfill state budgets, and rightly so, because severe state spending cuts can deepen and prolong an economic recession.

Overall, I am not satisfied with the legislature’s work in 2010. Despite the massive costs of reconstruction after the 2008 floods, legislators lacked the political will to take any steps forward on floodplain management. Despite the film tax credit fiasco, not enough was done to rein in tax credits. Many other good ideas fell by the wayside for lack of time during the rushed session. (It strikes me as penny-wise and pound-foolish to save $800,000 by shortening the legislative calendar from 100 to 80 days.) Some other good proposals got bogged down in disagreements between the House and the Senate. Labor and environmental advocates once again saw no progress on their key legislative priorities, yet this Democratic-controlled legislature found the time to pass the top priority of the National Rifle Association. Pathetic.

On the plus side, the 2011 budget protected the right priorities, and most of the projects funded by the infrastructure spending bill, Senate File 2389, are worthwhile. Some good bills affecting public safety and veterans made it through. In addition, Democrats blocked a lot of bad Republican proposals. Credit must also go to the leaders who held their caucuses together against efforts to write discrimination into the Iowa Constitution.

Any relevant thoughts are welcome in this thread.

UPDATE: Read Todd Dorman on the Iowa House’s “parting gift to local government officials who like to play secret agent on your dime.”

We have a candidate in Iowa House district 8

Susan Bangert filed nominating papers yesterday to be the Democratic candidate in Iowa House district 8, where Dolores Mertz recently announced her retirement. House district 8 covers all of Humboldt and Pocahontas counties, plus southern Kossuth County (including Algona) and a small portion of Webster County (map here).

Bangert grew up in north-central Iowa (Forest City) and was educated in state. She works for the Prairie Lakes Area Education Agency as a speech pathologist in Algona, the largest town in this House district. Think how many families in the area she must have helped throughout her career.

Bangert was on the Kossuth County leadership team for Barack Obama’s campaign before the Iowa caucuses, so I assume she has a good grasp of how to identify and mobilize voters. All in all, she sounds like a great candidate. It probably doesn’t hurt that her husband is the Algona chief of police. UPDATE: Bleeding Heartland user natewithglasses adds that Bangert has been active in one of the largest churches in Algona, a Missouri Synod Lutheran congregation. That may bring in some cross-over votes.

House district 8 should be one of the Republicans’ top pickup opportunities this year, but as I discussed last week, I think the bitter GOP primary fight could hurt the party’s chances in the general. Speaking of which, Republican candidates Tom Shaw and Steven Richards are holding a debate on Thursday, April 8, at 7 pm in the Humboldt County Courthouse (203 Main St. in Dakota City). If any Bleeding Heartland reader is able to attend that debate, please post a diary about it afterward.

UPDATE: A third Republican candidate filed in this district on March 19: Alissa Wagner of Rutland. I don’t know anything about her and have no idea whether a three-way primary helps Shaw or Richards.

LATE UPDATE: I posted Bangert’s March 22 press release after the jump.

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Rematch coming in Iowa House district 90

Jefferson County supervisor Stephen Burgmeier filed yesterday to be the Republican candidate in Iowa House district 90, setting up a rematch with Democrat Curt Hanson. The district covers all of Van Buren County, most of Jefferson County (including Fairfield) and a small portion of Wapello County (map here).

Last summer Hanson narrowly defeated Burgmeier in a special election, even though Iowa-based conservative interest groups went all-in for Burgmeier and the National Organization for Marriage spent nearly $90,000 on advertising to support him.

Notably, Hanson built up a strong advantage in early voting and beat Burgmeier in Jefferson County by about 600 votes. In addition, two social conservatives ran as third-party candidates, and the 282 combined votes they received was greater than Hanson’s 127-vote margin over Burgmeier. The spoiler candidates were unhappy that Burgmeier didn’t talk much about abortion and gay marriage during the campaign.

Iowa Republicans tried to put a good face on the special election result, but the outcome was disappointing for them on several levels.

House district 90 is likely to be one of the most competitive races in the state. If you living within striking distance of the area, please consider volunteering for Hanson’s campaign this summer and fall. That said, I like Hanson’s chances of holding the seat this November. Burgmeier couldn’t win a low-turnout special election during a severe recession when the GOP base was all fired up about the Iowa Supreme Court’s ruling on marriage. Despite having been elected three times as a supervisor, Burgmeier lost his own county by a sizable margin.

This week Hanson, a retired driving instructor, co-chaired a conference committee to resolve differences between the Iowa House and Senate bills to restrict texting while driving.

We have a new candidate in Iowa House district 7

John Wittneben, a small business owner and member of the Estherville City Council, announced today that he is running as a Democrat in Iowa House district 7, where seven-term Democratic State Representative Marcella Frevert is retiring. The north-central Iowa district includes all of Emmet and Palo Alto Counties and Kossuth County north of Algona (map here). From Wittneben’s press release:

“As a small business owner, my top priority will be to help businesses across Iowa expand and create good-paying jobs.  We need a strong education system and world-class community colleges to make sure we have a skilled workforce that can compete for jobs in the 21st Century economy,” said Wittneben, who is former president of the Estherville Chamber of Commerce. “Through the wind energy program at Iowa Lakes Community College, I’m proud our community is training students to support Iowa’s renewable energy industry.”

Wittneben owns his own land surveying company and has previously worked for Jacobsen-Westergard & Associates in Estherville.  He serves on the Estherville City Council and was the Estherville Chamber Citizen of the Year in 2007.  He is a member of the Estherville Rotary, Friends of Fort Defiance, and the Good Samaritan Citizen Advisory Board.

“After growing up in Estherville and working across the country, I know there is no better place to live and operate my business than in Estherville.  I care deeply about our state and community and that’s why I want to be State Representative,” added Wittneben.  “My top priority at the Statehouse will be to listen to the people of District 7 and work across party lines to make our community a better place to live.” Wittneben grew up in Estherville and received his AA in pre-engineering from Iowa Lakes Community College. He also attended Iowa State University.

“I’ve balanced the books in my own business and I will make sure we keep the state’s fiscal house in order. We must balance the budget without raising taxes, create jobs, and keep our k-12 education system strong,” concluded Wittneben.

He sounds like a strong candidate to hold this district in the Democratic column. He’s already won elected office in Estherville, the largest town in the district with a population of around 6,300. Frevert was from Emmetsburg, which has about 3,600 residents. She did not have a Republican opponent in the 2006 mid-term election. In 2008 she received 58.5 percent of the vote against Republican Debra Satern.

I don’t know who is running for the Republicans in Iowa House district 7, but I will update this post when I learn more.

UPDATE: Thanks to Bleeding Heartland user hawkeye77 for more information in the comments. The GOP candidate is West Bend-Mallard School Board member Lannie Miller, who served three terms as a county supervisor in Palo Alto and has chaired the county’s Republican Party.

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Wayne Ford announces retirement; House district 65 open

State Representative Wayne Ford announced today that he will not seek an eighth term in the Iowa House. He plans to “to devote more time to expand statewide, nationally, and internationally” the non-profit organization Urban Dreams, which he founded 25 years ago. After the jump I posted Ford’s press release, which recounts some of his accomplishments. His work on a 2007 law requiring blood screenings for lead poisoning has benefited thousands of Iowa families and will spare many children from the many harmful effects of lead exposure, which may even emerge decades later.

During this year’s legislative session Ford introduced a bill to restore the use of Tax-Increment Financing to its original intent: redeveloping urban, blighted areas. Unfortunately, it didn’t go anywhere, but it was a great idea that would also have saved the state money.

Yesterday Ed Fallon alleged that Iowa Democratic Party officials were trying to keep Ford’s retirement secret in order to avoid a competitive primary in House district 65. Candidates have until Friday to file nominating papers with the Secretary of State’s office. The Democratic primary will in effect determine Ford’s successor because of the district’s strong partisan lean.

UPDATE: Former Iowa teacher of the year Ruth Ann Gaines becomes the first declared candidate to succeed Ford.

LATE UPDATE: IowaPolitics.com covered Ford’s farewell speech to the House. Worth a read.

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What will it take to get the gun show loophole closed?

How many more tragedies need to happen before elected officials have the guts to close the gun show loophole? The latest high-profile beneficiary of this loophole was the mentally ill attacker in the recent shootings near the Pentagon.

Law enforcement officials say [John Patrick] Bedell, a man with a history of severe psychiatric problems, had been sent a letter by California authorities Jan. 10 telling him he was prohibited from buying a gun because of his mental history.

Nineteen days later, the officials say, Bedell bought the Ruger at a gun show in Las Vegas. Such a sale by a private individual does not require the kind of background check that would have stopped Bedell’s purchase.

Republican politicians fall all over themselves trying to prove how loyal they are to the National Rifle Association. Some are against any kind of background checks for people who want to carry firearms in public. Too many Democrats are afraid to stand up to this NRA-approved extremism. Meanwhile, a Republican pollster’s recent survey of gun owners shows that they understand the need for reasonable limits:

Mr. Luntz queried 832 gun owners, including 401 card-carrying N.R.A. members, in a survey commissioned by Mayors Against Illegal Guns, the alliance of hundreds of executives seeking stronger gun laws. In flat rebuttal of N.R.A. propaganda, the findings showed that 69 percent of N.R.A. members supported closing the notorious gun-show loophole that invites laissez-faire arms dealing outside registration requirements.

Even more members, 82 percent, favored banning gun purchases to suspects on terrorist watch lists who are now free to arm. And 69 percent disagreed with Congressionally imposed rules against sharing federal gun-trace information with state and local police agencies.

Fortunately, it looks as if a proposal to make it easier for Iowans to carry concealed weapons is unlikely to advance during this year’s legislative session. That bill’s main advocate is Iowa House Republican Clel Baudler. He serves on the NRA’s board and doesn’t even support steps to remove guns from domestic abusers. (Last fall, Baudler suggested that murder victim Tereseann Lynch Moore might not have been killed by her estranged husband if she had been carrying her own gun.) Not that Baudler is an isolated case; a disturbing number of Iowa Republican legislators opposed a recent bill to get guns out of the hands of convicted domestic abusers and people subject to a restraining order.

CORRECTION: I spoke too soon above. Senate Majority Leader Mike Gronstal and House Majority Leader Kevin McCarthy have idiotically revived the NRA’s pet bill, which “would give Iowa one of the loosest gun-permit laws in the country.” Bad for public safety, bad politics. No one who wants to increase the number of Iowans carrying concealed weapons is going to vote for Democrats.

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We may need a new candidate in Iowa House district 65

Ed and Lynn Fallon’s I’M for Iowa organization sent out an e-mail blast today containing the following tidbit:

Monday, 1:00 – 4:00 pm, we talk about politics, and expose what appears to be a sneaky effort in the 65th House District in Des Moines to keep Wayne Ford’s retirement a secret so party insiders can hand-pick a successor. We also talk about the Des Moines Register’s love affair with Senator Grassley, Jonathan Narcisse’s love affair with himself, and Iowa Senate Republicans’ burning love for coal.

Tom Beaumont’s latest piece on Chuck Grassley for the Des Moines Register was egregious. He depicted Grassley as an old-fashioned bipartisan hero instead of the disingenuous double-dealer he has become. But that’s a topic for another post. I’m more interested in Fallon’s take on Iowa House district 65, which covers a heavily Democratic area of Des Moines (map here).

Jason Hancock listened to today’s radio show and wrote up the story for Iowa Independent. Fallon alleges that seven-term incumbent State Representative Wayne Ford has decided to retire, but is keeping his intentions secret so that there won’t be a competitive Democratic primary in the district. Republicans have no chance of winning House district 65, but in a Democratic primary with multiple candidates, someone other than the party insiders’ choice might win.

Hancock contacted the Iowa Democratic Party for a reaction and got this comment from communications director Ali Glisson:

“Whatever a member of the legislature decides to do, it is a personal decision that I will not speculate about,” she said. “But, I can assure you that the Iowa Democratic Party is not something out of Bond movie. No ‘cover up’ is going on.  We remain confident that the Iowa House will remain under Democratic control.”

In high school debate we would have called that a “non-response.” Did Fallon say the IDP was like something out of a Bond movie, or that they were “covering up” wrongdoing? No, he’s saying they don’t want to roll the dice on a competitive primary and would rather hand-pick someone to succeed Ford. And Fallon’s allegation regarding House district 65 has nothing to do with whether the Democratic Party will retain an Iowa House majority. This is about who will determine Ford’s successor, if he retires: voters or insiders. If Ford wants another term, he should say so. If not, he should give other Democrats time to start a campaign.

Whether or not Ford plans to retire this year, it wouldn’t be a bad idea to for a progressive Democrat to collect 50 signatures (plus a few extra) in time to file nominating papers by this Friday. Community organizer Tyler Reedy won about 36 percent of the vote in his primary challenge against Ford in 2008. He worked hard in that campaign and deserves another shot if he is willing to run again.

Share any other suggestions or opinions in this thread.

UPDATE: Ford could have put this matter to rest by answering Dave Price’s question about whether he plans to run again. Four days before the filing deadline, he refused to say. If he isn’t running, he owes it to his Democratic constituents to give other potential candidates an opportunity to file for an open seat.

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We have a new candidate in Iowa House district 1

Bret Hayworth has the story at his Politically Speaking blog: David Dawson, a former prosecutor in the Woodbury County Attorney Office, will be the Democratic candidate in Iowa House district 1. He sounds like a great candidate for that Sioux City district. He will face Republican high school teacher Jeremy Taylor, who almost beat retiring State Representative Wes Whitead in 2008.

Our previously declared candidate in House district 1, local business owner Rick Mullin, switched to the Iowa Senate district 1 race after Steve Warnstadt announced his retirement. Mullin’s campaign website is here.

With the filing deadline only a week away, Democrats still lack an announced candidate in House district 2, which contains most of the east side of Sioux City. Recruiting a good candidate for that race should be a higher priority than finding someone to run in Iowa Senate district 27, which is also open and contains southern parts of Sioux City. Not only are Democrats more likely to hold House district 2 than pick up Senate district 27, we are at greater risk of losing the Iowa House than the Iowa Senate.

Once we have a candidate in House district 2, it shouldn’t take long to collect the 50 signatures required to qualify for the ballot.

In related news, there may be a brutal Republican primary in Senate district 27.

Republican "family values" on display in Iowa House

The good news is, an important public safety bill went to Governor Chet Culver’s desk on March 11. Senate File 2357 was one of Iowa Attorney General Tom Miller’s legislative priorities this year. The bill prohibits Iowans from owning guns and ammunition if they have been convicted of a domestic violence crime or are subject to a protective order. Since 1995, 205 Iowans have been killed in domestic violence incidents; that figure represents nearly one-third of all murders recorded in Iowa during that period. Miller has also pointed out that firearms caused 111 of the 205 Iowa deaths in domestic abuse murders since 1995. Moreover, firearms were involved in nearly two-thirds of Iowa’s domestic violence deaths in 2007 and 2008. Records show 46 of the 205 Iowans killed in domestic abuse murders since 1995 have been bystanders. It’s easier to kill a bystander with a gun than with a knife or other weapon.

Federal law already bans those convicted of domestic violence or subject to a protective order from owning a gun. However, the Iowa Coalition Against Domestic Violence has noted,

We need additional state law so that local law enforcement officers have the legal authority help enforce the firearm ban. Without additional state law there are only two ATF agents in the entire state who can act to enforce the federal law […] Without local law enforcement involved abusers will not and are not abiding by the federal firearms ban.  

Various law enforcement entities backed SF 2357, but most Republicans in the Iowa legislature didn’t cooperate with this effort to address a major violent crime problem. While Republicans were unable to defeat the bill, their votes on the Senate and House floor showed more deference to extremist gun advocates than to the potential victims of domestic abusers.

Eleven of the 18 Iowa Senate Republicans voted against SF 2357 when the upper chamber approved it on February 25, and a twelfth Republican joined them when the Senate considered an amended version on March 11. Roll calls can be found in pdf files for the Senate Journal on those dates. Senate Minority Leader Paul McKinley and third-district Congressional candidate Brad Zaun were among the Republicans who voted no.

The March 10 Iowa House debate on SF 2357 exposed even more disturbing aspects of Republican “family values.” House Republicans voted unanimously to inject the same-sex marriage debate into this unrelated bill.

Then they voted unanimously to add a provision that might deter victims from seeking a protective order.

Then all but one of them voted to help domestic abusers get their guns back more quickly.

Then they unanimously supported language to give abuse victims access to self-defense courses, as if that’s the real solution to the domestic violence problem.

Then more than half the Republican caucus voted against the final bill.

The gory details can be found here; highlights are after the jump.

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Most conservative Iowa House Democrat retiring

State Representative Dolores Mertz announced yesterday that she will not seek a twelfth term in the Iowa House. First elected to House district 8 in 1988, she said she’s in good health but wants to spend more time with her large family. House district 8 includes all of Humboldt and Pocahontas counties, plus parts of Kossuth and Webster counties (map here).

Mertz has chaired the Iowa House Agriculture Committee since Democrats won a majority in the 2006 election. Rumors of her impending retirement circulated last year, but when I saw that she raised more than $20,000 for her campaign in 2009, I assumed she would be up for another term. No Democratic candidate has announced plans to run in House district 8 yet, but we should learn more before the March 19 filing deadline.

John Deeth sees this race as a likely Republican pickup, and given the partisan lean of the district, that should be the case. However, I would not be surprised to see Democrats hold this seat if Republican infighting resembles what happened last fall in New York’s 23rd Congressional district special election.

Steven Richards fell just 42 votes short of defeating Mertz in 2008 and is seeking the GOP nomination again. Richards is a mainstream Republican, but most of the local GOP officials are backing right-winger Tom Shaw. He had planned to run as an independent in House district 8 before returning to the Republican fold this year. Shaw and Richards aired their differences at a forum last month, and I get the impression that Shaw will run as a third-party candidate if Richards wins the nomination. If Shaw wins the nomination, which seems more probable, supporters of Richards may prefer the Democrat (assuming we nominate a moderate) or simply not vote in the House race. Shaw backs Bob Vander Plaats for governor, and he may follow Kent Sorenson’s lead and refuse to vote for Branstad for governor under any circumstances. That could alienate many Republican voters in the area. Richards supports Branstad for governor.

The financial disclosure forms Shaw and Richards filed in January indicate that Richards raised only $100 last year and had a little more than three dollars (!) cash on hand at the end of December. Shaw raised $1,753 last year and had just under $238 cash on hand. In other words, the winner of the Republican primary is unlikely to have an intimidating war chest.

Normally, I hate to see an incumbent Democrat retire in a marginal district, but Mertz is the exception that proves the rule. Even if Democrats end up losing House district 8, I can’t say I am sorry to see Mertz leave the legislature. She’s not only part of the “six-pack” that blocked labor bills, she has given Republicans cover on many other issues. For example, Mertz has co-sponsored constitutional amendments to ban same-sex marriage and end access to abortion and some forms of birth control. She has also pushed a lot of bad bills through the House Agriculture Committee while blocking many attempts to reduce pollution from factory farms. During this year’s session, Mertz supported a bill that would undermine new rules on spreading manure over frozen ground and a bill to give owners of agricultural drainage wells until 2020 to comply with a 1997 law intended to reduce water pollution.

I understand that the new Democratic candidate in House district 8 won’t be a liberal, but I’m hoping for more of a team player than Mertz has been. At the very least a new Democrat from this district wouldn’t have the seniority to chair a House committee.

I hope Mertz will enjoy a happy retirement in the company of her seven children and eleven grandchildren. Until I read this piece in the Fort Dodge Messenger, I didn’t realize that her political career began with the untimely death of her husband.

She was the first woman to become a Kossuth County supervisor. She was appointed to the Board of Supervisors in 1983 to fill the vacancy created by the death of her husband, H.P. “Pete” Mertz. In 1984, she won a special election to complete the remaining two years of her husband’s term. In 1986, she was elected to a full four-year term without any opposition.

Similar tragedies have pushed many other women into elected offices. In fact, one-fifth of all the women who have served in Congress have been widows who “directly succeeded their husbands.”  

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Dream recruit may spark Republican infighting in Senate district 45

Iowa Republicans have landed Sandy Greiner, their dream candidate against first-term Democratic State Senator Becky Schmitz in Senate district 45. The southeast Iowa district includes all of Washington, Jefferson, and Van Buren counties, plus part of Wapello and Johnson counties (map here). Schmitz defeated Republican incumbent David Miller by 184 votes in 2006, but the area leans slightly Republican in terms of voter registration.

Greiner represented Iowa House district 89, which makes up half of Senate district 45, for four terms (1993 to 2001). She then served for two years in the Iowa Senate before redistricting prompted her to return to House district 89 for another three terms (2003-2009). Consequently, she starts the race with high name recognition in the area and will be able to campaign almost as an incumbent. Republican blogger Craig Robinson sounds ready to declare this seat won for the GOP.

Greiner will be a stronger opponent for Schmitz than the three Republicans who had previously declared for the seat (Richard Marlar, Randy Besick and Dan Cesar). However, I would not assume that local Republicans will be united behind her this fall. Greiner is linked to business elites who have battled with activists on the religious right for control over the direction of the Iowa GOP.

Join me after the jump for more background on Greiner and why I suspect some social conservatives will fight her candidacy.

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House Democrats may not have the votes for "fair share"

John Deeth attended the League of Women Voters’ forum in Coralville on Saturday, and he buried an interesting nugget toward the end of his liveblog:

Chris Bonfig asks about HF 2420; Mascher, Dvorsky, Schmitz, Lensing, Bolkcom yes; Jacoby, Marek no. Jacby: “The first part of the bill is marvelous, the [second] part needs some work.”

House file 2420, formerly known as House Study Bill 702, is the reworked “fair share” legislation. The idea behind “fair share” is that employees who don’t belong to a union would have to reimburse the union for services provided, such as collective bargaining and handling grievances. A “fair share” bill passed the Iowa Senate in 2007 but stalled in the Iowa House, where the Democratic majority was 53-47 at the time. The current Democratic majority is 56-44, but none of organized labor’s legislative priorities passed during the 2009 legislative session because of opposition from a “six-pack” of House Democrats.

This year’s “fair share” proposal has been scaled back and would apply only to state employees. (Many labor advocates agree with Iowa AFL-CIO president emeritus Mark Smith, who has argued that the measure should apply to all private sector and public sector unions.) Iowa Republicans and business groups are fiercely opposing “fair share,” even though it would not apply to private businesses.

State Representative Dave Jacoby represents a relatively safe district in Johnson County. If he just announced at a public forum that he’s not backing HF 2420, I don’t see much chance of the “six-pack” members supporting the bill. That would leave House Democrats short of the 51 votes needed for passage.

When Jacoby praised the first part of the bill but not the second part, he appeared to be supporting reimbursement for grievance services but not for bargaining services, which are more costly for the union to provide. Click here for the full text of HF 2420. It states that “reasonable reimbursement” for bargaining services “shall not exceed sixty-five percent of the regular membership dues that the nonmember would have to pay if the nonmember were a member” of the union. The bill caps reimbursement for grievance services at ten percent of the union’s regular membership dues.

In February, Iowa House Majority Leader Kevin McCarthy suggested that a new “prevailing wage” bill is more likely to pass this session than “fair share.” In 2009 the “six-pack” sank a prevailing wage bill, but this year House Labor Committee Chairman Rick Olson prepared a compromise version that would require payment of prevailing wage on a smaller number of projects. Olson told the Cedar Rapids Gazette that the “softer” version of the prevailing wage bill addresses the objections raised last year by conservative House Democrats.

Share any relevant thoughts in this thread.

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Film tax credit fallout continues

Mismanagement of Iowa’s state film tax credit program has led to more personnel changes at the Iowa Department of Economic Development this week. On Monday three longtime employees of the department were dismissed: general counsel Melanie Johnson, Jeff Rossate, and Amy Johnson. The Des Moines Register reported,

Rossate, as division administrator for business development, was the direct boss for film office manager Tom Wheeler. Johnson was Rossate’s No. 2 as the coordinator of the business development division.

The Des Moines Register reported on Saturday that e-mails showed those officials were privy to some of the worst problems facing the film program in the two months before it was suspended.

Amy Johnson had been serving as interim director of the film office before she was dismissed. IDED announced Tuesday that attorney Jessica Montana will be the new interim director of the film office. Montana has worked on IDED’s regulatory assistance team since 2007.

I wonder whether the latest dismissals will complicate the criminal case against Wheeler and two film producers. Wheeler was fired from IDED shortly after the scandal broke, and earlier this month the Iowa Attorney General’s Office charged him with non-felonious misconduct. His defense attorney will now be able to claim that Wheeler’s boss and others knew about problems with the film tax credit program.

No matter what happens with that case, I don’t envy IDED director Bret Mills, who needs to sort out this mess. Mike Tramontina resigned as IDED director when the film tax credit scandal broke, and Fred Hubbell served as interim director of the department until Governor Chet Culver appointed Mills in late December. The Iowa Senate confirmed Mills unanimously this month.

Here’s hoping state legislators will put the film tax credit program out of its misery. A bill is pending to suspend the tax credit until July 2011, but the program was ill-conceived from the beginning and doesn’t deserve to be revived. There are a lot better ways for the state to spend up to $50 million a year.

Meanwhile, the Des Moines Register reports today,

Eleven film companies are suing Iowa’s Department of Economic Development, saying they believe certain documents that have not been released since the scandal broke – including expenses and budgets they reported to the state – should be kept confidential.

Scott Brennan, an attorney for the film companies, said Tuesday there is a difference between public curiosity and public interest in the ongoing probe. His clients believe they were guaranteed “by contract and by statute” that certain trade secrets would be kept secret.

The attorney general’s office and the Register argue that the records – first requested last fall – are public under state law and should remain so because they are of significant public interest. The two sides met in court for the first time Tuesday.

According to a brief filed Tuesday by Michael Giudicessi, the newspaper’s lawyer, “Whether evidenced by the very requests of the Register and other news organizations for access, the suspension of the film tax credit program by the governor’s office, the conducting of an independent audit by the department, the vast and increasing amount of taxpayer dollars involved or the ongoing terminations … it is clear that the public interest is not served by any degree of continuing secrecy.”

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Culver opposes dirty water bill

Governor Chet Culver will not sign a bill that would weaken Iowa’s current restrictions on spreading manure over frozen and snow-covered ground. Culver’s senior adviser Jim Larew confirmed the governor’s opposition during a February 22 meeting with members of Iowa Citizens for Community Improvement. Iowa CCI is among the environmental groups that have sounded the alarm about House File 2324 and a companion bill, Senate File 2229. The bills would exempt many large farms from the new manure application rules adopted last year. Earlier this month, the House Agriculture Committee approved HF 2324 with minimal debate.

Culver had previously promised to block the new proposal in private conversations. The bill’s lead sponsor in the Iowa House, Democratic State Representative Ray Zirkelbach, told IowaPolitics.com yesterday, “Basically I was told that the governor’s going to veto it no matter what … if it came to his desk […].” Zirkelbach contends that the bill is needed to help the struggling dairy industry. He denies that it would lead to more manure contaminating Iowa waters.

I am glad to see the governor take a stand against Zirkelbach’s proposal. Improving the manure application bill was a major victory during the closing days of last year’s legislative session. We should not have to keep fighting efforts to move us backwards on water quality.

The full text of yesterday’s press release from Iowa CCI is after the jump.

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State Representative Wendt (D) stepping down for health reasons

Charlotte Eby reports that Democratic State Representative Roger Wendt won’t return for the rest of the current legislative session or seek re-election this year because of a “serious unnamed medical condition.” I will update this post as more is known about Wendt’s condition. I’m sure the Bleeding Heartland community joins me in hoping that Wendt will receive the medical care he needs now.

UPDATE: Bret Hayworth reports that Wendt has lung cancer. He had apparently been cancer-free since beating the disease in his other lung 17 years ago. Best wishes for another full recovery.

Wendt was first elected to House district 2 in 2002. The district includes part of Sioux City (here is a map (pdf file). In 2008, Wendt defeated Republican Rick Bertrand with about 51.5 percent of the vote. Bertrand is running again this year.

Democrats hold a 56-44 majority in the Iowa House, but leaders haven’t always been able to find 51 votes to pass bills on their agenda, particularly relating to labor and taxation. Wendt’s departure will complicate efforts to pass House File 2420, the “fair share” bill that would require non-union public employees to compensate the union for bargaining services done on their behalf.

Woodbury County Democrats will have to work harder than ever on getting the vote out this year. In November, State Representative Wes Whitead announced plans to retire from House district 1, which is also in the Sioux City area. Rick Mullin, a past chair of the Woodbury County Democrats, will face Republican Jeremy Taylor in the first district. Taylor nearly defeated Whitead in 2008.

Republican State Representative Chris Rants is retiring from House district 54 this year, leaving a third open seat in Woodbury County. That district, which stretches from southeastern Sioux City to the Sergeant Bluff area, is less friendly territory for Democrats. I believe we have better pickup opportunities in House district 74 in Warren County and in House district 51 in Carroll County, which Republican Rod Roberts is vacating in order to run for governor this year.

UPDATE: The Des Moines Register’s blog recounts some highlights from Wendt’s career. He left a mark on this state’s education policy while chairing the House Education Committee:

* Wendt fought for a model core curriculum, intended to give all students the same strong education foundation, in 2008.

* He supported an anti-bullying law. The legislation in 2007 forced public and private schools to have policies that prevent and punish bullying or harassment of any student, including based on sexual orientation.

* Wendt was one of the lawmakers who led the charge three years ago on a statewide sales tax to raise money for school building projects. The old method was more piecemeal – counties voted periodically on a tax for their area. Urban schools, where most shopping and sales taxes happen, raked in more money, while rural districts felt funding inequity. Money is distributed equally per pupil across the state now.

* He began speaking out about a “dramatic need” for preschool programs in 2005.   Two years later, a law passed so that nearly all of Iowa’s 4-year-olds could attend preschool on a voluntary basis, paid for by the state and taught by licensed teachers.

* He helped make high school more rigorous. He believed that students – and their parents – need to take high school more seriously. Too many students coast in their junior and senior years, he said.

LATE UDPATE: Dave Price notes that three other Iowa legislators are currently battling cancer: Republican State Senators David Johnson and Pat Ward and Democratic State Representative Paul Bell. Wishing them all a full recovery.  

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Republican "family values" on display in Iowa Senate

Last Thursday, the Iowa Senate approved a bill that would improve the health and well-being of Iowa working mothers and their children. In addition, this bill would reduce many employers’ health care costs while lowering employee turnover and absenteeism. Unlike legislation that pits business interests against the needs of working families, this bill would be a win-win.

Nevertheless, almost the whole Republican caucus voted against Senate File 2270, which promotes workplace accommodations for employees who express breast milk.

Follow me after the jump for background on this bill and Republican opposition to it.

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Massive Iowa Legislature linkfest (post-funnel edition)

The Iowa Legislature has been moving at an unusually fast pace during the shortened 2010 session. It’s time to catch up on what’s happened at the statehouse over the past three weeks. From here on out I will try to post a legislative roundup at the end of every week.

February 12 was the first “funnel” deadline. In order to have a chance of moving forward in 2010, all legislation except for tax and appropriations bills must have cleared at least one Iowa House or Senate committee by the end of last Friday.

After the jump I’ve included links on lots of bills that have passed or are still under consideration, as well as bills I took an interest in that failed to clear the funnel. I have grouped bills by subject area. This post is not an exhaustive list; way too many bills are under consideration for me to discuss them all. I recommend this funnel day roundup by Rod Boshart for the Mason City Globe-Gazette.

Note: the Iowa legislature’s second funnel deadline is coming up on March 5. To remain alive after that point, all bills except tax and appropriations bills must have been approved by either the full House or Senate and by a committee in the opposite chamber. Many bills that cleared the first funnel week will die in the second.  

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Pharmacy Board unanimously recommends legalizing medical marijuana

The Iowa Board of Pharmacy voted 6-0 today to recommend that Iowa legislators reclassify marijuana from a Schedule I narcotic to a Schedule II narcotic. Schedule II drugs have a “currently accepted medical use in treatment in the United States.”

In April 2009, a Polk County judge instructed the Iowa Board of Pharmacy to examine evidence on possible medical uses for marijuana. Last summer the board declined to reclassify marijuana in Iowa but ordered public hearings on the subject.

The Iowa legislature’s “funnel” deadline passed last Friday with no action on a bill to legalize medical marijuana, meaning the issue is dead for the 2010 session. Leadership can bring up new bills after the funnel deadline, but I would be surprised if House and Senate leaders used that prerogative to move a medical marijuana bill forward during a shortened legislative session.

That said, lawmakers should not fear a political backlash if they do approve a bill legalizing marijuana for medical use in Iowa. In the latest Selzer and Co. statewide poll for the Des Moines Register, 64 percent of respondents supported “allowing medical marijuana,” while only 33 percent opposed the idea. I was surprised by how little opinions on this issue varied by the respondents’ age. Medical marijuana was supported by 67 percent of respondents 18-34, 67 percent of those aged 35-54, and 60 percent of those over 55. Younger Iowans were twice as likely as those over 55 to support legalizing marijuana for recreational use.

Sorry, Republicans, Iowans don't think state government is too big

Republicans have complained for years about Democrats allegedly spending too much on “big government,” but a majority of Iowans think state government is about the right size, according to the latest poll by Selzer and Co. for the Des Moines Register. The poll surveyed 805 Iowa adults between January 31 and February 3 and has a margin of error of plus or minus 3.5 percent. Respondents were asked, “In general, do you think the size of state government is too big, about right, or too small?” 52 percent said “about right” and only 39 percent said “too small.”

The Des Moines Register poll also indicates that Iowans would rather tap into the state’s tax reserves, raise fees and perhaps even raise taxes than impose massive service cuts or lay off hundreds of state workers.

The poll tested eleven options for balancing the budget and asked whether that option should be considered, strongly considered or taken off the table. The largest majority (76 percent) said consolidating some state government services should be considered or strongly considered. The Iowa legislature will pass a government reorganization bill this session, but the savings won’t be large enough to avoid other painful budget decisions.

The next largest majority (61 percent) supported considering taking up to $200 million from the state’s cash reserves. But even that probably wouldn’t be enough to balance the 2011 budget.

The other three options that at least half of respondents said should be considered were “increase fines, license fees and other user fees” (53 percent), expand gambling by allowing casinos to host large poker tournaments (51 percent) and raise the sales tax by 1 percent (51 percent).

The Register reported that several political observers found the sales tax numbers most surprising. I was more surprised to see the public evenly divided on raising the income tax. Some 48 percent of respondents said “lawmakers should consider raising state income taxes by a half percentage point; 50 percent said that idea should come off the table.”

The Register’s poll found much less support for “cutting services to thousands of Iowans” (just 33 percent favored considering that option, while 60 percent said it should be taken off the table). Only 42 percent favored considering laying off hundreds of state employees or consolidating school districts. Only 43 percent said legislators should consider eliminating all business tax credits. Just 45 percent said reducing the number of Iowa counties should be on the table.

My point is not that politicians should put blind faith in the wisdom of crowds. I don’t agree with every finding in this poll. I’d rather reduce the number of counties and scrap many business tax credits than raise the sales tax, and I find Iowans’ support for the film tax credit baffling.

The larger message from this poll is that Iowa Democrats should not cower in fear when Republicans bash “big government.” Offered a range of choices for balancing the state budget, most Iowans would prefer not to see services slashed. The Register’s November 2009 poll pointed to the same conclusion, finding broad support for spending increases Democrats have adopted in recent years.

Republicans will be cheered by the portion of Selzer’s latest poll that found one-third of Iowans called themselves supporters of the “tea party” movement, and a majority believe state government is spending too much money. To me that suggests the framing of the budget issue will be critical for this November’s elections. Democrats need to convince voters that they did all they could to find efficiencies in state government without cutting priority areas. If Republicans object, for instance, that the state could have saved tens of millions of dollars by ending the preschool initiative started in 2007, Democrats must point out that doing so would have cut off early childhood education for about 13,000 Iowa kids.

Who is the most clueless Iowa legislator?

A couple of years ago, I would have said State Representative Dwayne Alons (House district 4). Longtime Bleeding Heartland readers may remember Alons as the guy who asserted during a committee hearing on greenhouse gas emissions that global warming would be good for Iowa because warmer temperatures helped ancient Mayans grow taller and stronger than today’s men and women. The following year, Alons remarked, “We shouldn’t be as concerned, actually, about warming, especially now that we have modern refrigeration and air conditioning.”

Alons sets the bar high in terms of cluelessness, but after reading this piece by Jason Hancock today, I think State Representative Jason Schultz (House district 55) could give him a run for his money. Schultz has introduced House File 2313, which stipulates,

 1  1    Section 1.  NEW SECTION.  602.1100  Judicial authority.

 1  2    1.  A judicial officer shall not use judicial precedent,

 1  3 case law, penumbras, or international law as a basis for

 1  4 rulings.  A judicial officer shall only use the Constitution

 1  5 of the United States, the Constitution of the State of Iowa,

 1  6 and the Code of Iowa as the basis for any ruling issued by such

 1  7 judicial officer.    The only source material that may be used

 1  8 for interpreting the Constitution of the United States by a

 1  9 judicial officer in this state shall be the Federalist papers

 1 10 and other writings of the founding fathers to describe the

 1 11 intent of the founding fathers, and if such source material is

 1 12 used, the full context of the source material must be used by

 1 13 the judicial officer.

 1 14    2.  This section is not reviewable by the court.

 1 15    3.  A violation of this section by a judicial officer shall

 1 16 be considered malfeasance in office and subjects the judicial

 1 17 officer to impeachment under chapter 68.

Bad ideas are not in short supply at the Iowa Capitol, but Schultz has taken things to a new level of stupidity here. No precedent and no case law, really? I have never heard of a so-called “strict constructionist” who would prohibit judges from citing previous court rulings in forming their opinions. In effect, Schultz is saying judges have to reinvent the wheel in almost every case. Yet conservative jurists usually lean toward respecting precedent.

Schultz would not allow any judge to consult historians’ work on the Constitution or the Federalist Papers either, as if there can be no ambiguity about what 18th-century language was meant to convey.

Mr. desmoinesdem reminds me that even U.S. Supreme Court Justice Antonin Scalia, a critic of citing foreign law in U.S. courts, has cited international law before when interpreting a treaty. In a recent case Scalia even cited the Babylonian Talmud, which is more than 1,000 years old.

If you’re wondering why Schultz wants to ban “penumbras,” that term alludes to the idea that there is a right to privacy, even though the Bill of Rights does not contain the word “privacy.”

Schultz’s bill isn’t going anywhere, and Drake University law professor Mark Kende notes that it would be unconstitutional in any event.

Like many Iowa Republicans, Schultz appears not to have a solid grasp of the judicial review concept. His support for a bill that would restore elections for Iowa Supreme Court justices indicates that he’s not sold on judicial independence. But even in the context of bad Republican ideas, House File 2313 stands out. Schultz is angry that the Iowa Supreme Court cited Iowa case law in its Varnum v Brien ruling last year, so the solution must be to ban judges from considering case law.

Not only is Schultz ignorant, he also demonstrated an impressive mean streak by introducing a bill this session “that would remove protections for gay, lesbian and transgender students from an anti-bullying law passed in 2007.” (More on that here.)

Iowa politics-watchers, who do you think is the most embarrassingly ill-informed member of the Iowa legislature? Make your case in this thread or e-mail me confidentially: desmoinesdem AT yahoo.com.  

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Kent Sorenson wants to bring back Iowa Supreme Court elections (updated)

Republican State Representative Kent Sorenson is trying to amend the Iowa Constitution to bring back elections for the seven state Supreme Court justices.

Republicans Dwayne Alons and Jason Schultz joined Sorenson in introducing House Joint Resolution 2013 this week. It would amend the constitution to require Supreme Court justices to be elected to six-year terms. Lower-court judges would continue to be appointed, as they have been since Iowa approved a constitutional amendment in 1962 to eliminate judicial elections. Under the current system, the governor appoints district and Supreme Court judges from lists of nominees submitted by judicial nominating commissions.

Other social conservatives have vowed to defeat the three Supreme Court justices who are up for retention in 2010 because of last year’s Varnum v Brien ruling, which cleared the way for same-sex marriage in Iowa. But even that isn’t good enough for Sorenson and his allies. They are so upset about one court ruling that they would toss out a method for selecting judges which has worked well for nearly a half-century. The Des Moines-based American Judicature Society has plenty of resources on the importance of judicial independence and the benefits of a merit-based system over judicial elections. The U.S. Supreme Court’s recent Citizens United case lifted restrictions on corporate spending to influence elections, providing another reason not to mess with Iowa’s judicial selection process.

Sorenson’s constitutional amendment probably won’t go anywhere, but he may use the proposal as a rallying cry in his campaign against Staci Appel in Iowa Senate district 37 this year. Appel’s husband, Brent Appel, is an Iowa Supreme Court justice. He is not up for retention this November.

UPDATE: Via the latest from Todd Dorman I learned that State Representative Rod Roberts, a Republican candidate for governor, has introduced his own constitutional amendment:

His proposal, House Joint Resolution 2012, calls for appointing nine justices – one from each judicial district and one at-large. It would require justices to continue to live in the district as long as they sit on the court.

“Even people in the legal profession tell me this would help the court get connected at the grass roots level,” he said.

Dorman comments,

Justices should answer to the state constitution, the law and precedent, not to public sentiment. They’re appointed through a bipartisan, drama-free process that focuses on their experience and qualifications. They already face regular retention votes.

So explain to me why we would throw out that system in favor of open electioneering. It’s a horrible idea.

And picking them by geography instead of qualifications isn’t much better.

How is this stuff conservative?

You don’t want judges who “legislate from the bench,” so you elect them just like legislators?

The Iowa Bar Association opposes the proposals from Sorenson and Roberts.

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One step forward, two steps back on Iowa water quality?

I seem to have jinxed things by praising Democratic state legislators who allowed the Iowa Department of Natural Resources’ new clean water rules to go forward this week.

I learned yesterday from Iowa CCI, 1000 Friends of Iowa and the Iowa Environmental Council that a horrible bill, House File 2324, is being fast-tracked through the Iowa House. This bill was introduced to the House Agriculture Committee on Monday afternoon, and on Tuesday it was unanimously approved by a subcommittee and then the full House Agriculture Committee. An action alert from the Iowa Environmental Council explains the substance:

DNR has proposed rules that would require existing facilities need to have at least 100 days of storage, in order to qualify for an emergency exemption for winter application because of full storage structures.  But HF 2324 exempts confinement feeding operations constructed before July 1, 2009 from this rule.  Specifically the bill states:

“A confinement feeding operation constructed before July 1, 2009, and not expanded after that date is not required to construct or expand a manure storage structure to comply with this section.”  

Lack of adequate manure storage during winter months is a major cause of water pollution in Iowa.  Without adequate storage, farmers apply the manure to frozen or snow-covered farm fields, risking run-off into nearby streams at the first thaw or rain.

From a statement issued by Iowa CCI:

Iowa already suffers from some of the worst water quality in the nation. High levels of ammonia pollution all across Iowa were traced back to manure application on frozen and snow-covered ground. This bill would gut the state law that bans the spreading of manure on frozen and snow-covered ground by exempting more than 5,500 factory farms that were built before July 1, 2009 due to a lack of storage for their manure.

“Poor manure management is not an emergency,” [CCI Executive Director Hugh] Espey said.

The Environmental Protection Agency came down strongly in favor of a ban without exceptions last year.  Passage of this new legislation would be a clear violation of the Clean Water Act and would also undermine the Iowa Department of Natural Resources’ authority to regulate factory farms.

Shame on the members of the House Agriculture Committee for fast-tracking this bill. Yet again, Iowa environmentalists have to fight efforts to circumvent DNR rules aimed at protecting the public interest. We should be making CAFOs pay for the harm they cause, not exempting them from reasonable manure storage requirements. But no, proponents want to rush through a gift for factory farms.

It’s a disgrace that a legislative committee unanimously recommended this bill, especially in a Democratic-controlled legislature. This kind of thing is one reason why I have stopped donating to the House and Senate Democratic leadership committees.

Last year many legislators tried to circumvent the DNR’s rule-making on the application of manure on frozen ground, prompting several Iowa non-profits to spend staff time and energy mobilizing against the bad bill. By a minor miracle, last-minute amendments greatly improved that bill before it passed in the closing days of the 2009 session.

The Iowa Environmental Council makes it easy for you to send an e-mail urging your state legislators to vote down HF 2324. But some lawmakers don’t read all their e-mail, so I recommend calling your representative as well. The House switchboard is 515-281-3221.  

UPDATE: Adam Mason of Iowa CCI informed me that another bad bill, House File 2365, was introduced in the House Agriculture Committee yesterday. It would change the definition of a “residence” in proximity to a CAFO, excluding homes that are “off the grid.” Iowa law restricts how close factory farms can be to residences, but this bill would make it harder for some homeowners to fight a factory farm permit. So far HF 2365 hasn’t received subcommittee or full committee approval, but it bears watching.

SECOND UPDATE: There is also an Iowa Senate version of the bill that would undermine regulations on winter spreading of manure: it’s Senate File 2229. It was referred to a subcommittee on February 9, but no further action has been taken as of February 14.  

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Republicans fail to bring marriage amendment to Iowa House or Senate floor

Republicans in the Iowa House and Senate failed this morning to force floor votes on a constitutional amendment to ban same-sex marriage. In the Senate, minority leader Paul McKinley asked colleagues “to sign a petition that would allow Senate Joint Resolution 2001, which would begin the process of amending the state’s constitution to ban same-sex marriage, to be brought to the Senate floor for a vote despite not being approved by a committee.” Only one of the 32 Iowa Senate Democrats (Tom Hancock) joined the 18 Republicans in signing this petition.

Later this morning, House Republicans tried a procedural maneuver that could have allowed a floor vote on House Joint Resolution 6 (a constitutional amendment on marriage) despite the fact that no House committee has approved it. The procedural motion needed 51 votes to pass, but only one Democrat, Dolores Mertz, voted with the 44 House Republicans. Mertz is a co-sponsor of the marriage amendment and votes consistently with Republicans on social issues.

Last April, two Democrats (Mertz and Geri Huser) joined with House Republicans on a similar procedural vote. Good for Huser for voting with the majority this time around. One House Democrat was absent today: Mark Kuhn, who also missed yesterday’s proceedings in the chamber. It seems likely that he is either sick or was unable to get to Des Moines from his home in rural Floyd County. North-central Iowa just got hit with another major winter storm.

House Republican leader Kraig Paulsen acknowledged today that opponents of marriage equality don’t have the 51 votes needed to force a vote this session in the Iowa House.

McKinley warned in a statement, “the voters this November will have an opportunity to decide if they are content with the continued Democrat obstruction and inaction.” Republicans keep saying they want to “let the people vote” on marriage. As it happens, this November Iowans will have an opportunity to pass a ballot initiative on convening a constitutional convention. Some Republicans want to take that route, but most are afraid to back a constitutional assembly. It seems like they want a campaign issue to use against Democrats more than they want to amend the constitution by the quickest means possible.

Unfortunately for Republicans, recent polling data suggests gay marriage is not a high priority for most Iowans. Every statehouse Democrat should be echoing the words from House Speaker Pat Murphy’s official statement today:

“In these tough economic times, Iowans want the Legislature to keep focused on help for middle class families and small businesses.  In this shortened session, my goal is to keep the House focused on key priorities — balancing the state budget without raising taxes while creating good-paying jobs for Iowans and making sure every child receives a quality education and affordable health care.”

Murphy and Iowa Senate Majority Leader Mike Gronstal strongly supported the Iowa Supreme Court’s Varnum v Brien ruling, and they deserve a lot of credit for holding their caucuses together today. As Gronstal has promised, Republicans will not succeed in writing discrimination into our state’s constitution.

In related good news, the New Hampshire House Judiciary Committee voted down two bills today that were aimed at repealing same-sex marriage rights in that state.

UPDATE: Jason Clayworth has more details and reaction at the Des Moines Register’s blog.

The House spent almost 30 minutes on a rarely used “call-of-the-House” in which each of the 100 members were ordered into the chambers to vote unless they were previously excused.  

Hancock explained why he joined the Senate Republicans as follows: “I live in a highly Catholic area and I think that’s what the folks wanted me to do […] I never received that many contacts to say not to.”

Pat Murphy said Republicans “can go ahead and use” the House vote in the upcoming campaign, but added, “I would advise Republicans that ‘It’s the economy, stupid.’”  

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Good news for Iowa water quality (for once)

State legislators have allowed clean water “anti-degradation” rules to stand, a step toward filling a significant hole in Iowa’s water quality regulations. A last-ditch effort by Republicans failed to win enough votes on the Iowa legislature’s Administrative Rules Review Committee (ARRC) to set aside rules adopted by the Iowa Department of Natural Resources.

I’ve joked that the ARRC’s unofficial motto is “Where good rules go to die,” because on several occasions the committee has rejected rules oriented toward environmental protection. Today Republican Senator Merlin Bartz tried to keep that tradition going with a motion to object to the new water quality rules. However, only Bartz’s three fellow Republicans on the committee (Senator James Seymour and State Representatives Dave Heaton and Linda Upmeyer) voted for rejecting the DNR’s rules. The six Democrats on the ARRC (Senators Wally Horn, Jack Kibbie and Tom Courtney, and State Representatives Marcella Frevert, Tyler Olson and Nathan Reichert) all voted against Bartz’s resolution.

Governor Chet Culver’s chief legal counsel, Jim Larew, spoke in favor of the rules at today’s ARRC hearing, saying they would help Iowa reverse the trend of declining water quality. Unfortunately, we’ve got a long way to go on this front. Further regulation of pollution is warranted, but the political will to accomplish that is currently absent in the state legislature.

Several non-profit organizations deserve special recognition today. Without their efforts, the DNR might not have moved forward to adopt the anti-degradation rules, as required by the Clean Water Act. The Iowa Environmental Council issued a release today with more background and details about the anti-degradation rules. Excerpt:

With the passage of the federal Clean Water Act in 1972 states were required to enact Antidegradation rules to prevent the further pollution of lakes, rivers and streams in the nation by 1985.  Iowa adopted rules but the U.S. Environmental Protection Agency informed Iowa that its rules violated federal law as early as 1997.  

Repeated delays in rewriting the rules led a coalition of environmental organizations – Iowa Environmental Council, Hawkeye Fly Fishing Association, the Iowa Chapter of the Sierra Club and the Environmental Law & Policy Center – to file a Petition for Rulemaking with the Iowa Department of Natural Resources in 2007 requesting that the State act immediately to adopt antidegradation implementation rules.  This action initiated a rule-making process that included several opportunities for public comment and a hearing before the Iowa Environmental Protection Commission, which approved the revised rules in December of last year. Monday’s meeting of the legislative Administrative Rules and Review Committee marked the final step in the decades-long process.

The full text of the press release is after the jump.

Thanks again to the Iowa Environmental Council, the Hawkeye Fly Fishing Association, the Sierra Club Iowa chapter, and the Environmental Law and Policy Center.

UPDATE: I’ve added the press release from the Sierra Club’s Iowa chapter after the jump.

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New poll: Iowans think gay marriage not worth legislature's time

More than 60 percent of Iowans think gay marriage “does not deserve the Legislature’s limited time” this session, according to the latest poll conducted by Selzer and Associates for the Des Moines Register. The poll surveyed 805 Iowa adults from January 31 to Feburary 3, with a margin of error of plus or minus 3.5 percent.

The question named six issues on which legislation has been introduced during the 2010 session, which has been shortened by 20 days due to budget constraints:

The state Legislature can address large and small issues during the course of the session. For the following issues, please tell me if you think the issue does or does not deserve the Legislature’s limited time. Puppy mills. Gay marriage. Driving and texting. Gun control. Gambling. Payday loans.

62 percent of respondents said gay marriage does not deserve the legislature’s time, while only 36 percent said it does.

Here’s hoping this poll will bolster the spine of any wavering statehouse Democrats. Iowa House Republicans are expected to use procedural maneuvers this week to try to force a vote on a constitutional amendment to ban same-sex marriage. When they tried that last April, two of the 56 House Democrats joined Republicans on a procedural vote. House Minority leader Kraig Paulsen wasn’t deterred by the latest poll, telling the Des Moines Register,

“The majority party has successfully convinced people that that’s something that takes a lengthy period of time,” Paulsen said. “There’s no reason it should have to take more than 30 minutes.”

Poll respondents presumably know little about how much committee and floor time a marriage vote would consume, but I think Paulsen is missing the point here. Selzer in effect asked Iowans what’s important for the legislature to handle. More than three-fifths of respondents said gay marriage doesn’t rise to that level this session.

Notably, a recent poll commissioned by Republicans also suggests that gay marriage is a low priority for most Iowans. Voter Consumer Research conducted that poll in late January for The Iowa Republican blog and the Concordia Group (a political consulting firm run by Nick Ryan, with ties to the American Future Fund). Respondents were asked which three issues are most important to them: “Forty-one percent said jobs and unemployment, thirty-three said the economy, and twenty-eight percent said education.” Way down the priority list was “moral values” with just 14 percent, Craig Robinson indicated in this comment thread.

Last September, a Selzer poll for the Des Moines Register asked several questions about same-sex marriage. About 41 percent of respondents said they would vote for a constitutional amendment to ban same-sex marriage, while 40 percent would vote against such an amendment. In addition, 92 percent of respondents said marriage rights for gay and lesbian couples had led to “no real change” in their own lives.

The conservative GOP base expects Republican legislators to try every trick in the book to bring a marriage vote to the floor. Iowa Democrats should make sure the public knows that while they were focusing on more important issues, Republicans kept trying to waste time on a marriage vote. Based on this polling as well as the results from last year’s special election in Iowa House district 90, I doubt gay marriage will be a winning issue for Republican candidates this November.

Later today I’ll discuss some other findings from the latest Des Moines Register poll. I was surprised to see that of the six issues Selzer asked about, only driving while texting had a majority (72 percent) say it was worth the legislature’s time to tackle this session.

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Weekend open thread with events coming up this week

The coming week will be busy at the state capitol, because February 12 is the first “funnel” date. All bills excluding appropriations bills that have not been approved by at least one committee by February 12 will be dead for the 2010 session, unless something extraordinary happens.

Also, Iowa House Republicans are expected to try to suspend the rules this week to force consideration of a constitutional amendment to ban same-sex marriage. If last April’s events are any guide, they can expect help from two Iowa House Democrats: Geri Huser and Dolores Mertz. Meanwhile, Mertz is working with a group of Republicans on a constitutional amendment that would “recognize human eggs as persons worthy of legal protection.” Such an amendment would outlaw abortion and probably some forms of birth control as well.

With the compressed legislative calendar and severe budget restraints, there may be fewer bills passed in 2010 than in previous sessions. If you’re keeping your eye on any bill, let us know in this thread. I hope the Iowa Senate Labor and Business Relations Committee will pass Senate File 2112, introduced by Senator Pam Jochum, on “workplace accommodations for employees who express breast milk.” It’s already cleared the subcommittee. Last hear State Representative Ako Abdul-Samad introduced a similar measure in the Iowa House, and I think there’s a decent chance of getting this bill through the House Labor Committee. Employers also benefit from practices that make it easier for their employees to continue breastfeeding.

Jochum is an all-around outstanding legislator. If I lived in the first district, she would definitely have my vote for Congress whenever Bruce Braley decides to run for U.S. Senate.

This thread is for anything on your mind this weekend. Am I the only one out there who doesn’t care who wins the Superbowl?

After the jump I’ve posted details on other Iowa political events scheduled for this week.

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Don't believe everything Republicans tell you about spending cuts

Yesterday the Iowa House State Government Committee voted down a Republican plan to cut state spending by $290 million in the coming year. State Representative and gubernatorial candidate Chris Rants offered the plan as an amendment to the government reorganization bill. He said his party was trying to “work in a bipartisan way” and make “tough decisions” to balance the budget for the coming year. All twelve Democrats on the House State Government Committee voted against the GOP amendment, while the nine Republicans voted for it. Later the same day, the committee approved the reorganization bill on a 20-1 vote, with only Rants opposed.

We are sure to hear more from Rants and other Republicans about how big, bad Democrats rejected their good ideas for spending cuts. A closer look reveals funny math in the Republican “plan.”

The biggest line item is “$92.3 million, end all state benefits to adult illegal immigrants.” The Iowa House Republican caucus claims this number comes from the nonpartisan Legislative Services Agency. The implication is that the state of Iowa hands out $92.3 million in cash to illegal immigrants.

But that’s not the case. From a report by the Legislative Services Agency on “Undocumented Immigrants’ Cost to the State” (pdf file):

The only government services that illegal immigrants are eligible for are elementary and secondary public education and emergency health care.1 Most citizens do not gain direct benefits from a majority of government spending. Instead, government programs are intended to benefit society as a whole through maintenance of a healthy economy, satisfying public health and safety concerns, providing basic infrastructure, etc. Although undocumented immigrants do not receive most direct benefits, the total benefit of State spending is assumed to accrue to undocumented immigrants at the same rate as legal residents.

The LSA divides total spending from the state general fund by the state’s total population to calculate roughly how much in “benefits” each Iowa resident receives annually. This isn’t a cash payment from the state to residents; it represents each individual’s share of benefit from the state paying for schools, roads, and so on.

Iowa House Republicans arrived at the $92.3 million figure by dividing total general fund expenditures by the number of undocumented immigrants currently estimated to be living in Iowa. They call the remainder “benefits” that illegal immigrants receive. But there’s no magic wand we can wave to make immigrants stop benefiting indirectly from what state government does. The same LSA report noted:

Undocumented immigrants qualify for few services at the State level, and those for which they do qualify are largely mandated by federal law or the Courts. Therefore, decreasing undocumented immigrant eligibility for State spending does not appear to be a viable policy option. Additionally, if the assumption that undocumented immigrants accrue benefits even without receiving direct services is considered valid, attempting to reduce direct State expenditures on undocumented immigrants would have a minimal effect.

By the way, proof of citizenship and identification are already required for Iowans participating in Medicaid and HAWK-I (the children’s health insurance program).

Scoring points against undocumented immigrants may be good for Rants politically, but that won’t help the state of Iowa save $92.3 million in the coming year. That one item represents nearly a third of the Republican-proposed spending cuts.

I’ve posted the full list of cuts after the jump. Some ideas may have merit, but most of them reflect skewed Republican priorities for state government. GOP legislators want to save $45 million by reducing access to pre-school for four-year-olds. They also want to invest less in renewable energy production and energy efficiency measures by eliminating the Power Fund and the Office of Energy Independence, which would $25 million. Many Republicans never liked the core curriculum, so it’s no surprise they’d like to save some money by delaying its implications. The Des Moines Register’s Iowa poll in November indicated that Iowans support higher spending on renewable energy research and development and are divided over whether to cut funds for expanded free pre-school.

Some of the smaller Republican-backed cuts would please conservative interests. The religious right would love to eliminate the family planning waiver. Rants has always been a good friend to tobacco companies, who would love to see the state scrap the “Just Eliminate Lies” anti-smoking campaign. There’s also $4 million saved by cutting “taxpayer-funded lobbyists,” which sounds great until you realize that would leave corporate groups unchallenged as they lobby for bills that might counter the public interest. Anyway, last year taxpayer money for lobbying totaled about $1.8 million, and a lot of that didn’t come from the state general fund. Municipalities, county agencies and associations like the League of Cities hire lobbyists too.

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