In a 5-2 split decision, the Iowa Supreme Court ruled on Friday that a District Court judge should determine whether Iowa Workers’ Compensation Commissioner Chris Godfrey can sue Governor Terry Branstad and five other administration officials individually for defamation, extortion and other claims. Follow me after the jump for background, links and details about the opinion.  

The Republican Governors Association jumped out the day after the primary election with a television commercial attacking State Senator Jack Hatch, the Democratic nominee against Governor Terry Branstad. I’ve posted the video and transcript after the jump, along with the Branstad campaign’s opening tv ad, touting Iowa’s “comeback” under his leadership.

It’s standard procedure for incumbents generally, and Branstad in particular, to try to define challengers before they’ve had a chance to introduce themselves to most voters. That said, this spot is also a sign that the RGA may be more concerned about Iowa than they’re letting on. I wonder whether their internal polling is showing a shrinking lead for Branstad over Hatch, as we’ve seen in several polls released in the last two months. Hatch plans to start running a biographical television commercial later this month, but he can’t match Branstad and Republican-aligned forces in money spent on advertising.

Polls close at 9 pm, and I’ll be updating this post regularly with primary election results. Rumor has it that turnout was relatively low, even on the Republican side where there are hard-fought primaries for U.S. Senate and the third Congressional district. According to the Polk County Auditor’s office, as of this afternoon only 1,506 absentee ballots had been requested and 1,350 absentee ballots received for today’s GOP primary. Keep in mind that roughly half of all Republican voters in IA-03 live in Polk County, and six campaigns were competing for their votes. Not to mention that five U.S. Senate candidates should have been locking in early votes in Iowa’s largest county.

By comparison, 2,883 Democratic primary absentee ballots were requested in Polk County, and 2,296 of those returned by today. The lion’s share were from Iowa Senate district 17 in Des Moines, where three candidates are seeking to replace Jack Hatch (2,475 absentee ballots requested and 1,950 returned). Democratic campaigns have long pushed early voting more than Republicans, but still–that’s a shocking failure to GOTV by the various Republican campaigns.

Share any comments about any Iowa campaigns in this thread, as well as any interesting anecdotes from voting today.

UPDATE: Polls are now closed and updates will continue after the jump.

No Republican stepped up to run against Iowa Attorney General Tom Miller in time to appear on the primary election ballot, but yesterday Adam Gregg announced that he will seek the GOP nomination for attorney general at the state party convention later this month. Gregg worked in private practice for the Des Moines-based Brown Winick law firm before joining Governor Terry Branstad’s staff as a legislative liaison in 2012. (He’s quitting that job to run for office.) His press release touted his work to help pass “the largest tax cut in Iowa’s history, historic education reform, and a state based, Iowa alternative to Obamacare.” The tax cut refers to the property tax reform approved during the 2013 legislative session. The Iowa Health and Wellness Plan is more accurately described as an alternative to Medicaid expansion rather than an alternative to “Obamacare.” Iowa is still implementing the 2010 Affordable Care Act.

Gregg promised “to fight everyday for Iowa families, Iowa farmers, and our constitutional freedoms,” to “be an advocate for open government,” and to “hold Washington, DC accountable when the federal government oversteps its bounds.” Around the country, many Republican state attorneys general have used the job to grandstand against federal policies they don’t like for ideological reasons. Sounds like Gregg will be emulating that model.

I don’t give him much chance of beating Tom Miller. Four years ago, Brenna Findley got in the race early and ran a strong and well-financed campaign, only to come up well short amid a huge Republican landslide. Running a statewide campaign will raise Gregg’s profile, though, and possibly open doors to future political jobs. The Des Moines rumor mill expects Miller to retire rather than seek another term in 2018. In that case, Gregg could join Findley as prominent candidates in a much more winnable race.

It’s one of the oldest tricks in any governor’s playbook: schedule media events for bill signing ceremonies you want the public to hear about, while burying bad news late on a Friday, after reporters have filed their stories. I was worried Governor Terry Branstad would make big cuts to environmental funding just before Memorial Day weekend, as he had cut food bank money two years ago.

Instead, Branstad’s office released the news about this year’s spending vetoes after dinnertime on Friday, May 30. Hours earlier, the governor had welcomed reporters, lawmakers, and members of the public to watch him sign a bill legalizing the possession of cannabis oil to treat seizure disorders, as well as a bill altering Iowa’s HIV transmission law.

Follow me after the jump for the gory details. I no longer consider 2014 a good year for Iowa environmental funding.

I forgot to put up this year’s primary election prediction contest earlier this week, but better late than never. To enter, post your answers to the twelve questions after the jump as a comment in this thread sometime before 7 am central time on Tuesday, June 3. It’s fine to change your mind about some or all of your answers, as long as you post a comment with your new predictions before the deadline.  

Only comments posted in this thread will be valid contest entries. Predictions submitted by e-mail or twitter will not be considered. Please try to answer every question, even if it’s just a wild guess. We’re all guessing anyway, since few polls have been published about these races.

The winner receives no cash or other prizes–just bragging rights in the Bleeding Heartland community. Can someone stop ModerateIADem from “three-peating”? He won both the 2010 and the 2012 primary election prediction contests.  

Governor Terry Branstad plans to sign a bill that would allow possession of cannabis oil for the treatment of some seizure disorders, he announced while taping Iowa Public Television‘s “Iowa Press” program today. He noted the bill will help some children with epilepsy, and he’s satisfied its “limited” scope will not increase abuse of marijuana in smokeable form.  

The governor also said he will sign a bill banning the sale of e-cigarettes to children, adding that his wife is a “militant” anti-smoker. Trouble is, that bill was backed by tobacco industry lobbyists. Many public health groups lobbied against the bill.

Branstad has not decided whether to sign the dog racing bill, which would end greyhound racing at one casino in Council Bluffs and get a non-profit casino in Dubuque off the hook for subsidizing the races. His concern isn’t the massive giveaway to dog breeders and kennel owners, which makes no sense to me. Rather, he is worried that lobbyists for horse racing interests didn’t get their cut from the bailout. O.Kay Henderson reports for Radio Iowa,

“I understand the benefits that the people in Council Bluffs and Dubuque see from this, and the greyhound industry,” Branstad says. “My concern is the horse industry was left out of this.” […]

However, the governor’s concern is over provisions in the bill that would give the greyhound industry authority to strike deals to simulcast dog and horse races at any of the state’s casinos and get all of the profit from it. Today simulcasting deals are only allowed at the casinos in Altoona, Council Bluffs and Dubuque and Iowa’s horse industry gets the financial take.

“There is some concern that I’m hearing from my friends in the horse industry. I’ve always been close with them,” Branstad says. “We have a very big and significant horse industry in the state of Iowa.”

Branstad has ’til June 2 to decide whether to sign or veto the bill.

“I’m trying to weigh all those things,” Branstad says. “I want to do something that’s fair to all the communities involved and fair to all the parties and the one group that seems to be, because of the simulcasting provisions of that bill, having some concerns is the horse industry and so I’m carefully reviewing that,” Branstad says. “I have not made a final decision.”

Environmental activists in Iowa are nervously awaiting the governor’s decision on a bill to expand solar tax credits and several spending bills that include record-high funding for the Resource Enhancement and Protection (REAP) conservation program. The governor recently said he is concerned about various parts of a supplemental spending bill that contained $5 million of the REAP funding. In 2012, Branstad line-item vetoed half a million dollars for Iowa food banks on the Friday before Memorial Day.

In August 2012, Governor Terry Branstad issued an executive order creating a mechanism for “stakeholder groups” to block potentially “burdensome” administrative rules proposed by state agencies. Those groups include representatives of businesses that would be affected by any new regulation. One of those stakeholder groups is meeting next week to discuss the fate of a rule the Iowa Department of Natural Resources has advanced in order to reduce soil runoff and storm water discharge associated with construction activities.

You can view the rule here (pdf). The main point is to require developers and home builders to leave four inches of topsoil on the ground after construction, so that yards will be able to absorb more of the expected rainfall. Some business interests oppose the rule because it will add costs to construction. But they are not considering the hidden costs of runoff (increased water pollution and a loss of irreplaceable topsoil). State government needs to act in the public interest and not only consider the bottom line of a few companies.

An action alert I’ve posted after the jump provides more background and details. Lucy Hershberger, an Iowa City-based landscaper who serves on the stakeholder group, wrote it and gave me permission to publish here. The Iowa DNR is accepting public comments on this issue via e-mail: Adam.Schnieders AT dnr.iowa.gov. It would be better to submit those comments before the public hearing scheduled for May 29. People can also attend that hearing, either in person or by telephone (instructions for calling in are below).  

But there may be a worst time: when you’re a candidate for public office, and your campaign has already run a tv ad blasting your opponent for a speeding violation.

As you’ve probably heard by now, State Senator Jack Hatch got ticketed yesterday for driving 65 miles per hour (or maybe 68 mph) on a stretch of I-80 near Altoona, where the speed limit has been lowered to 55 because of road construction. He was lucky his fine wasn’t doubled for a speeding infraction in a work zone, apparently because “road workers were behind concrete barriers all day.” Hatch quickly released a statement praising the work of law enforcement and taking full responsibility for his actions, along with a shot at Governor Terry Branstad: “I will pay this ticket in full when I return to Des Moines Tuesday. Accountability is important. I offer a stark contrast to the current Governor when it comes to dodging responsibility and attempting to hide the truth from Iowans.”

Granted, Branstad tried to evade responsibility when his vehicle was caught going way over the speed limit last summer, and Lieutenant Governor Kim Reynolds made lame excuses at the time. And according to the Des Moines Register, yesterday was only the second time Hatch has been ticketed for speeding, while Branstad received four tickets during his time away from the governor’s office. Still: when you’ve bashed the incumbent for this behavior, you need to be extra careful. Speed limits may be the most commonly-broken laws in the country, judging by how often I get passed on Iowa highways, but that’s no excuse.

Speaking of which, the Sunday Des Moines Register reported that former State Senator Staci Appel, the Democratic candidate in Iowa’s third Congressional district, was ticketed in March for driving her pickup truck 83 mph in a 60 mph zone on a four-lane highway in Warren County.  Her comment to the Register: “In my enthusiasm to talk to voters I regret that I inadvertently made a mistake, and I have paid my ticket.” Unless you’re rushing someone to the hospital, there’s no reason to go that far over the speed limit, ever. Build more time into your campaign schedule or settle for running late. It’s not Appel’s first traffic ticket either.

Any relevant comments are welcome in this thread.

P.S.- Who else is insanely jealous of Todd Dorman’s headline-writing ability?

I reluctantly went with “Hatch Me if You Can,” after considering “Troopers in Hatch Pursuit,” “Speed Trap Delivers Hatch Slap” and “Hatch Trails Branstad by 19 in State Patrol Poll.”

The more I see of the Republican race for U.S. Senate, the more I’m convinced that State Senator Joni Ernst will win the GOP nomination, barring some major gaffe or new revelation about her record.

Three reasons are after the jump.

During the 2014 legislative session, the Iowa Senate confirmed all but a handful of Governor Terry Branstad’s more than 200 nominees for state boards and commissions. It’s not unusual for senators to vote down one or two appointees, but this year the Senate confirmed everyone who came up for a vote on the floor.

The only close call was former Iowa House Republican Nick Wagner, confirmed to the Iowa Utilities Board last month with just one vote to spare. Branstad originally named Wagner to the three-member utilities board in 2013 but pulled his nomination when it became clear that senators would not confirm him. Branstad named Wagner to that board anyway, right after the Senate adjourned for the year in 2013. By the time his nomination came up for consideration this year, a couple of factors that worked against him were no longer relevant. Former State Senator Swati Dandekar had resigned from the board to run for Congress, so there would no longer be two of three members from Marion (a Cedar Rapids suburb). Furthermore, Branstad named attorney Sheila Tipton to replace Dandekar, so senators could no longer object to the lack of a lawyer on the Iowa Utilities Board.

Still, most of the Democratic caucus opposed Wagner’s nomination. State Senator Rob Hogg cited the nominee’s support for a bad nuclear power bill that the legislature considered a few years back. Meanwhile, State Senator Matt McCoy (who incidentally wanted to pass the nuclear bill) noted that as a key Iowa House Republican on budget matters, Wagner “was not willing to listen” and “took very difficult and very hard-line positions.” After the jump I’ve posted the roll call on the Wagner nomination; 11 Democrats joined all 24 Republicans to confirm him.

As in recent years, the governor withdrew a handful of nominees who were not likely to gain at least 34 votes (a two-thirds majority) in the upper chamber. A few nominees for low-profile boards had to go because of party imbalance issues. Chet Hollingshead, one of seven Branstad appointees to the Mental Health and Disability Services Commission, never came up for a vote, presumably because of a theft incident Bleeding Heartland user Iowa_native described here.

I am not sure why Senate Majority Leader Mike Gronstal informed Branstad that Jason Carlstrom was unlikely to be confirmed as chair of the Iowa Board of Parole. The governor first appointed Carlstrom to that position in the summer of 2012, to fill out the remainder of someone else’s term. The Iowa Senate unanimously confirmed him during the 2013 legislative session. When Branstad reappointed Carlstrom to the parole board this year, I didn’t expect him to run into any trouble. I will update this post if I learn more details.

The highest-profile nominee withdrawn by Branstad was former Iowa House Republican Jamie Van Fossen, whom the governor wanted to chair the Public Employment Relations Board. Cityview’s Civic Skinny described the backstory well; I’ve posted excerpts after the jump. Van Fossen still serves on that board, having been confirmed to a full term in 2012. But the new chair will be Mike Cormack, a Republican who served four terms in the Iowa House and later worked for the State Department of Education. Senators unanimously confirmed Cormack last month. The outgoing Public Employment Relations Board chair, Jim Riordan, has alleged that the board faced political pressure from Branstad staffers to hire an employer-friendly administrative law judge.

The Iowa House and Senate wrapped up the 2014 session during “Soil and Water Conservation Week.” While certain environmental programs did well in the budget for fiscal year 2015, the legislature did not adequately address some of the biggest problems affecting Iowa’s soil and water.

The Iowa Environmental Council blog linked to several recent articles by “top experts on Iowa soil conservation,” who “expressed alarm about the state of our soil” and in particular the rapid rate of erosion. Along with other kinds of agricultural runoff, soil erosion contributes to toxic algae blooms in rivers and lakes, not only in Iowa and neighboring states but also across much of the U.S. Nutrient pollution is a major reason that more than half of the country’s rivers and streams are “in poor condition for aquatic life.”At the end of this post, I’ve enclosed an infographic explaining how toxic algae blooms form and how to prevent them.

Iowa lawmakers continue to throw money at the state’s Nutrient Reduction Strategy, without insisting on numeric criteria for nitrogen and phosphorous levels in water and without the goals, timelines and monitoring needed to assure Iowans that waterways are becoming cleaner. In fact, the fiscal year 2015 appropriation for the Iowa Department of Agriculture and Land Stewardship removed wording requiring that money for watershed projects be used to reduce nutrients. Follow me after the jump for the disturbing details.

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

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

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

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

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

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

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

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

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

Iowa legislators pulled an all-nighter at the Capitol to close out the 2014 session. The Iowa House adjourned for the year a little before 6 am, while the Senate will return briefly on Friday to authorize further investigation of Branstad administration controversies.

It will take several days for Bleeding Heartland to cover the most important news about the state budget and other bills passed toward the end of the session. I was surprised to see that Iowa House leaders did call up Senate File 2360, the limited medical cannabis bill the Iowa Senate approved last Friday. As of yesterday afternoon, that bill seemed doomed.  I saw some speculation that leaders might not even call it up for debate. A few Republicans had filed more than a dozen amendments, apparently with the goal of killing the bill on the floor. State Representative Chip Baltimore was one sponsor of the poison pill amendments. He told the Des Moines Register that

a bill legalizing marijuana – even in an extremely limited way for an extremely limited purpose – simply couldn’t be introduced, debated and passed in the space of a week.

“We’re being asked to take an extraordinary leap of faith,” Baltimore said, referring to the reassurances [Representative Rob] Taylor and others have given on cannabidiol’s safety and efficacy. “You don’t do that in five days.”

Lawmakers negotiated well pass midnight and agreed to make small changes to the medical cannabis bill. It will still allow only the use of cannabis oil, not marijuana in smokeable form. According to Radio Iowa’s O.Kay Henderson, the new language also “requires patients to get an Iowa neurologist’s recommendation for cannabis oil.” The Iowa House approved the bill by 75 votes to 20 just after 3:30 am. CORRECTION: The final roll call was 77 votes to 20. The Senate approved the House version by 38 votes to 8 about an hour later. The Senate roll call is after the jump. I’ll update this post with the House roll calls once it becomes available on the Iowa legislature’s website.

Governor Terry Branstad indicated a few weeks ago that he is open to a cannabis oil bill, as long as it’s “very limited in focus.” I expect him to sign Senate File 2360.

UPDATE: Added a statement below from State Senator Joe Bolkcom, the legislature’s leading advocate for medical marijuana.

Republican Party of Iowa State Central Committee member David Chung wrote a must-read post at his Hawkeye GOP blog about Saturday’s dispute over marriage language in the first district Iowa GOP platform. Excerpt:

In the platform committee multiple attempts to add a pro-marriage plank failed. [Liberty faction State Central Committee member] Tony [Krebsbach] only proposed the government-out-of-marriage plank because he did not want the platform to be silent on the issue. In the committee, Tony wanted a pro-marriage plank included. So in the committee (and on the convention floor) he wanted a pro-marriage plank to appear in the platform as it has for several years. As a compromise, he proposed the current plank taking the more libertarian position.

The floor votes happened because somehow the “government-out-of-marriage plank did not make it into the printed version of the proposed platform that was distributed to delegates.” Three times IA-01 delegates rejected amendments that would have restored language opposing same-sex marriage rights. Eventually the wording about keeping the government out of marriage was added to the platform.

Delegates to the statewide GOP convention are not ready for a real debate on marriage equality yet, but it will happen by 2018 or 2020 at the latest. Chung is committed to making sure the statewide party platform includes a “one man, one woman marriage” plank, even though he recognizes that “traditional marriage is probably a losing issue today” and “is one of the biggest issues that keeps young people out of the Republican Party.” At some point a critical mass of party activists will get tired of fighting this battle.

Meanwhile, the governor’s office is trying to straddle the fence.

“The governor and lieutenant governor believe in traditional one-man and one-woman marriage,” spokesman Jimmy Centers told the Register. “(They) do not try to influence or counsel delegates on what planks they should or should not offer and support.”

So they agree with social conservative activists on “traditional marriage,” but they don’t care whether the Republican platform reflects that position? Doesn’t make a lot of sense. But then, they’ve never been coherent on this issue. In 2010, Branstad’s campaign spokesman had to backpedal fast after the candidate indicated he had no problem with gay couples adopting children. Soon after Reynolds joined the ticket, she got in trouble for comments indicating support for civil unions.

UPDATE: Added more Republican reaction below.

The first Iowa survey by a brand-new Republican polling firm, Vox Populi, shows close races for governor and for the open U.S. Senate seat. Toplines for those races and for the 2016 Iowa caucuses are after the jump.  

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

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

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

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

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

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

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

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

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

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

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

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

Iowa lawmakers are finally getting the hang of divided control–or maybe they just want to get out of town early in an election year. During the 2011 legislative session, Iowa House Republicans and Senate Democrats were still arguing about state budget targets well into June and didn’t approve final spending bills until the very last day of the fiscal year.

In contrast, legislative leaders agreed on fiscal year 2015 spending targets seven weeks ago. On April 23, both the Iowa House and Senate approved the conference committee report for the education appropriations bill. Details on the education budget debate, final funding levels and roll calls are after the jump.

Amazingly, the legislature may be ready to adjourn for the year by the end of next week.

I’ve been meaning to catch up on the various Branstad administration scandals involving alleged politically-motivated firings, cronyism affecting state contracting and hiring for certain public positions, “hush money” paid in exchange for non-disclosure agreements with fired state employees, blacklists that prevent former employees from gaining other state jobs, interference in what should be non-political work, and possible misuse of federal funds by the Department of Administrative Services in order to make some of the unauthorized secret settlement payments. Governor Terry Branstad realized nearly two weeks ago that his quickie internal review and executive order on secret settlements were not sufficient. He fired Department of Administrative Services Director Mike Carroll after Carroll gave inaccurate testimony at a legislative hearing. But almost every day, the Des Moines Register or some other media outlet has a new angle on alleged wrongdoing.

Last week’s Loras College survey of Iowa Republicans indicated that Branstad has nothing to worry about from his GOP primary challenger, Tom Hoefling. But a Public Policy Polling survey released today shows Branstad’s approval as low as I can remember seeing it during his current term, and the incumbent barely ahead of Democratic challenger Jack Hatch.

Full results from the survey are here (pdf). Highlights are after the jump.  

Here’s your mid-week open thread, Bleeding Heartland readers: all topics welcome.

I have been thinking about the latest Iowa Supreme Court decision a lot today. A year ago, I would have sworn that as long as Terry Branstad remains governor, there’s nothing anyone can do for the thousands of ex-felons permanently disenfranchised in this state. Branstad couldn’t wait to sign that executive order as soon as he was back in office. Under the convoluted procedure he created, only a small fraction of 1 percent of those who have completed their prison terms have managed to regain their voting rights.

The day State Senator Jack Hatch declared his candidacy for governor, I could never have imagined the unlikely chain of events that followed. First, arch-rivals Tony Bisignano and Ned Chiodo set their sights on Hatch’s Iowa Senate seat. Then, Bisignano was caught driving drunk again. Then, Chiodo not only challenged Bisignano’s right to seek office but continued to pursue his case in court after losing before a panel of top state officials. (In contrast, the voter who challenged State Senator Joe Seng’s registration as a candidate in IA-02 two years ago dropped his effort after the same panel determined Seng had qualified for the primary ballot.)

Then, Chiodo refused to take the Polk County District Court’s no for an answer. Still I had no clue where all this was going–until yesterday, when three of the Iowa Supreme Court justices determined that not all felonies should be considered “infamous crimes,” which justify stripping Iowans of their rights as electors. Very soon, one or more non-violent felons are likely to file suit, demanding that their rights be restored. Depending on where Justice Brent Appel comes down on the issue (he recused himself from the Chiodo/Bisignano case), the Iowa Supreme Court may eventually declare unconstitutional the 1994 law defining “infamous crimes” as felonies.

We don’t know whether a majority on the court will take this stance. As Ryan Koopmans points out, the Chiodo ruling came out incredibly quickly. One or more of the justices may change his mind after reflecting on the issues for a while. Still, the potential for a major advance in Iowa voting rights is mind-blowing.  

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

The non-profit advocacy group Secularity USA brought world-famous evolutionary biologist Richard Dawkins to Des Moines on Saturday. I couldn’t make it to the event; if you were there, please share your impressions. The mission of Secularity USA is to raise public awareness “of the dangers of religious bias in government and promoting the traditional separation of church and state.” While Dawkins is a well-known atheist, Secularity USA seeks to unite “religious and nonreligious supporters of church-state separation.”

Governor Terry Branstad signed a proclamation this week inviting “all Iowans who choose to join in thoughtful prayer and humble repentance according to II Chronicles 7:14 in favor of our state and nation to come together on July 14, 2014.” I wouldn’t go so far as one blogger, who declared that Branstad “signed away separation of church and state,” but it does seem inappropriate for the governor to lend his support to such a specific religious movement. The “Prayer 7-14-14” group, which is calling for the national day of prayer, sounds pretty far out there. Endorsing this project is different from routine appearances by governors at prayer breakfasts, or the prayers that typically open daily sessions in the Iowa House and Senate.

I wonder whether the governor’s staff sensed that he crossed a line, because I didn’t see any announcement of this event on the governor’s official news feed. Normally that feed highlights several proclamation signings each week. It mentioned more than half a dozen other documents Branstad signed this past week–including, ironically, a proclamation for Muslim Recognition Day. Perhaps Branstad viewed inviting Iowans to pray on July 14 as nothing more than empty pandering to the FAMiLY Leader contingent, which is promoting the national prayer day. The governor hasn’t elevated social conservative goals in most of his public speeches or in his legislative agenda.

Former Vice Presidential nominee Paul Ryan headlined an Iowa GOP fundraiser in Cedar Rapids last night. O.Kay Henderson posted the audio at Radio Iowa. As usual for Ryan, he said little about social conservative priorities, focusing instead on federal budget and tax issues, Obamacare, and the need for Republican unity. But he did nod to his religious heritage by urging his audience to give up “infighting,” “tunnel vision,” and “acrimony” for Lent.

Last month I never managed to post a thread on one of this year’s biggest news stories related to church-state separation: the U.S. Supreme Court considering what has become known as the Hobby Lobby case. After the jump I’ve posted six links on the oral arguments in that case, which will determine whether two corporations are entitled to a religious exemption from the 2010 health care reform law’s contraception mandate.  

Governor Terry Branstad has opposed efforts to legalize marijuana for medical use in Iowa, but on Monday he he signaled that he is open to taking a small step forward this year.

[I]t looks like we could end up with something that’s very limited in focus, like as passed recently in Utah and Alabama,” Branstad said. “I’m certainly working with legislators to see if there’s a possibility to work something out on that before the legislature adjourns.”

The new Utah law allows extract in oil form, but not smoking marijuana to treat a medical condition. Along the same lines, James Q. Lynch reported stunning news: Iowa House Public Safety Committee Chair Clel Baudler is open to legalizing the use of medical cannabis, in oil form. After meeting with parents whose children suffer from seizure disorders, Baudler said, “These little kids are taking some drugs that are really hot […] So if we educate ourselves and possibly we can give them some relief, that’s a good thing.”

Last summer, Baudler bragged that he would wear as a “badge of honor” his designation as one of the country’s ten worst state legislators, according to the Marijuana Policy Project.

He and Iowa House Speaker Kraig Paulsen indicated that to have any chance of passing the Republican-controlled House, a bill to legalize the use of cannabis would have to exclude marijuana that can be smoked. That will disappoint Iowans suffering from cancer, severe pain, or debilitating chronic diseases like multiple sclerosis. Smoking marijuana can ease nausea and other symptoms in such patients. Speaking to Lynch, Baudler said people who want to use cannabis to treat conditions other than seizure disorders should “Move to Colorado.”

Even limited progress on this issue is welcome, but I hope Iowa lawmakers will move forward with a broader study of medical cannabis programs.

UPDATE: Iowa Senate Majority Leader Mike Gronstal is willing to help “move a limited bill on medical cannabis oil forward.” Senate Minority Leader Bill Dix is non-committal for now.  

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

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

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

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

The Suffolk University Political Research Center asked 800 Iowa “likely voters” about this year’s biggest races. The margin of error for the survey, conducted between April 3 and April 8, is plus or minus 3.5 percent. Suffolk’s press release summarizing the highlights is here. Full results are here (pdf). Tables are here (pdf).

Representative Bruce Braley leads all Republican rivals for U.S. Senate in the first Iowa poll conducted after Braley’s comments about Senator Chuck Grassley gained wide attention. Braley is still better-known than the GOP candidates, and more Iowans have a favorable than unfavorable impression of him. The bad news for Braley is that he is below 40 percent against each of the Republican candidates.

Suffolk’s poll indicates that the GOP IA-Sen primary is now a two-tier race, with State Senator Joni Ernst and Mark Jacobs each commanding more than 20 percent support, and the other candidates in the single digits. That makes sense, since Ernst and Jacobs have the most establishment support and are the only Senate candidates who have been able to raise their name recognition through paid advertising. But 40 percent of respondents were undecided.

Governor Terry Branstad’s still in positive territory, with 48.5 percent of respondents viewing him favorably and about 35.4 percent unfavorably. His lead over Democratic State Senator Jack Hatch is smaller in this poll than in any other Iowa survey I’ve seen, though: 42.4 percent to 32.1 percent.

Among respondents who said they are likely to participate in the 2016 Democratic caucuses, 63 percent favor Hillary Clinton. U.S. Senator Elizabeth Warren was far behind with 12 percent, followed by Vice President Joe Biden with 10 percent. It’s hard to say who is really in second place, since the margin of error for the Democratic caucus-goer subsample is quite large (plus or minus 8.4 percent). Nevertheless, Clinton clearly maintains a commanding lead.

I wouldn’t read much into the Iowa GOP caucus results from this survey. All the potential presidential candidates (Mike Huckabee, Rick Santorum, Rand Paul, Jeb Bush, Ben Carson, Chris Christie, Paul Ryan, Scott Walker, Sarah Palin, Marco Rubio, and Condoleezza Rice) are clumped close together, between 6 and 11 percent support. That’s within the the margin of error of plus or minus 8.7 percent for that subset of the Suffolk poll.

The Des Moines Register ran a front-page feature today on retiring Republican State Senator Hubert Houser. Having served for ten years in the Iowa House and twelve in the Iowa Senate, Houser stopped showing up for work at the statehouse in early March. He plans to return only for “a day or two” at the end of the session. He has taken on more responsibilities at his family farm and contends that he doesn’t need to be at the capitol, since Republicans are the minority party. They can’t bring their own bills to the Iowa Senate floor and don’t need Houser’s vote.

On the one hand, I can imagine minority lawmakers must get tired of spending days at the Capitol, not accomplishing much while thinking about all the work that needs to be done at home. On the other hand, the Iowa legislature is only in session a few months of the year. Houser’s constituents elected him to do a job. He’s collecting a salary for work he isn’t doing.

Asked to comment on Houser’s prolonged absence today, Governor Terry Branstad said, “I respect individual legislators’ right to make the decisions that they make with regards to their vote and things like that,” adding that Houser has been a “great representative for the people of southwest Iowa.”

Missed Iowa Senate votes may become a salient issue in the U.S. Senate race. In early March, Rod Boshart was the first to start tallying GOP State Senator Joni Ernst’s many excused absences during this year’s legislative session. Only a few of the missed days could be chalked up to National Guard duty; others were related to campaigning or fundraising for her U.S. Senate bid. Ernst’s short political career doesn’t open up many lines for attack, but this will be a big one for Democratic candidate Bruce Braley if he faces Ernst in the general election. Republican blogger Craig Robinson, who is supporting Mark Jacobs in the IA-Sen GOP primary, has repeatedly called attention to Ernst missing Iowa Senate votes this year. I would not be surprised to see Jacobs’ campaign, or some dark money entity supporting him, make this case against Ernst before the June primary. Nick Ryan (best known to Bleeding Heartland readers as the head of the American Future Fund) is handling direct mail for the Jacobs campaign.

UPDATE: Speaking to the Des Moines Register, Secretary of the Senate Michael Marshall said Houser is still taking both his legislator’s salary ($25,000 annually) and per diem expense reimbursement payments. Marshall said Ernst “has sometimes asked not to be provided legislative per diem payments for certain days.”

Speaking to WHO-TV, Ernst said she has missed five days in the Iowa Senate this year for campaign-related activities.

SECOND UPDATE: Sounds like Iowa Senate Minority Leader Bill Dix leaned on Houser, who is now planning to show up for work and indicated that he will return per diem expense payments for days he’s missed.

The former Chief Administrative Law Judge for Iowa Workforce Development filed suit yesterday in Polk County District Court against the State of Iowa and Iowa Workforce Development Director Teresa Wahlert. You can read the full text of Joseph Walsh’s lawsuit here (pdf). After the jump I’ve posted an excerpt from his case. Walsh alleges that the IWD director “interfere[d] with the administrative judicial process in order to favor employers,” attempted “to illegally strip [Walsh] of his merit protection,” and eventually retaliated by removing him in “a political reorganization disguised as a budget layoff.”

I’ve also enclosed below a statement Wahlert released yesterday, denouncing the “frivolous lawsuit.” Wahlert contends that while serving as chief administrative law judge, Walsh failed in basic management responsibilities.

Last month, Democratic State Senator Bill Dotzler asked the U.S. Department of Labor to investigate claims that Wahlert interfered with the work of Iowa’s administrative law judges, hoping to secure more favorable outcomes for employers in unemployment cases. Governor Terry Branstad rejected Dotzler’s allegations against Wahlert without conducting any internal review of the matter.

At a press conference in Des Moines on April 3, Walsh asserted that “in many ways this administration is tearing the Department of Workforce Development down.” Wahlert’s agency was at the center of political controversy in 2011, when the Branstad administration moved to replace dozens of Iowa Workforce Development field offices around the state with hundreds of computer terminal access points. That reorganization led to a lawsuit and eventually an Iowa Supreme Court ruling that the governor had overstepped his authority by striking legislative language about the IWD offices without vetoing the money allocated to fund those offices.  

Every candidate for public office has to learn basic rules of campaigning, such as, “Every mic is a live mic.” In other words, always assume you may be overheard when you stand next to a microphone, even if you think it’s not turned on.

In the age of camera phones and YouTube, candidates may be speaking into a live mic even when there’s no microphone to be seen. Representative Bruce Braley, the Democratic candidate for U.S. Senate in Iowa, learned that lesson the hard way today.  

The career Division of Criminal Investigation agent who lost his job shortly after reporting a speeding incident involving Governor Terry Branstad’s SUV is willing to drop his lawsuit against the state if he can get his old job back, James Q. Lynch reported yesterday for the Cedar Rapids Gazette.

“He is interested in returning and it’s our understanding the position is still available,” said Tom Duff, a Des Moines attorney representing former DCI special agent Larry Hedlund.

Hedlund was a central figure in a high-profile incident last April where a state trooper driving an SUV carrying Branstad and Lt. Gov. Kim Reynolds was clocked driving 84 mph in a 65-mph zone. […]

Although officially retired now, Hedlund is interested in returning to work, Duff said. Since the incident, the director of the Department of Public Safety has left state employment and two others involved in the handling of the Hedlund case have moved to other jobs.

The former Department of Public Safety chief was Brian London, who stepped down last September. His tenure at the agency was a real train wreck. The Iowa Senate recently confirmed Larry Noble to run the department again; he was Branstad’s first choice for that job.

By many accounts, Hedlund was a solid employee during his long career at the DCI. If he is willing to work there again, rehiring him seems like an easy call. I can’t imagine why the state would prefer to roll the dice on expensive litigation. Court hearings would only generate more coverage of Hedlund being forced out. Hedlund’s attorney told Lynch that he has not heard back yet from the Iowa Attorney General’s Office.  

Governor Terry Branstad responded today to two political scandals that broke while he was on vacation last week. The big news was the governor signing an executive order “to increase accountability, openness and transparency of employee settlements.”

Branstad’s behavior reflects an odd understanding of those words. He is not holding anyone accountable for forcing out permanent employees and attempting to keep settlement deals a secret. His administration’s alleged “thorough review” of the deals took place behind closed doors over the span of a few days. Branstad rejected any outside investigation of the matter and dismissed accusations against Iowa Workforce Development Director Teresa Wahlert without even basic fact-finding.  

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

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

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

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

Ned Chiodo’s challenge to Tony Bisignano’s eligibility to run for Iowa Senate district 17 has brought new attention to some legal confusion over which crimes can cause Iowans to lose their voting rights. The Iowa Constitution does not specify which “infamous crimes” should disqualify citizens from voting or holding public office. Chiodo’s attorney cites case law from the Iowa Supreme Court suggesting that aggravated misdemeanors as well as felonies can be considered “infamous crimes.” Yet a law passed in 1994 defined “infamous crimes” as state or federal felonies.

State Representative Mary Wolfe, an Iowa House Democrat who is also a criminal defense attorney, just reposted a piece she wrote in 2012, explaining why aggravated misdemeanor convictions do not disqualify voters. (I recommend clicking through to read her whole analysis.) Wolfe notes with dismay the “complete and total disconnect between Iowa’s Governor and Secretary of State on such a straightforward, yes or no issue.” Secretary of State Matt Schultz’s website correctly indicates that convicted felons whose rights have not been restored may not register to vote. However, Governor Terry Branstad’s website states that “infamous crimes” may include aggravated misdemeanors and any crime that “may be punishable” by more than one year in prison. That could include a long list of offenses, including the second Operating While Intoxicated charge to which Bisignano pled guilty earlier this year.

At this writing, Branstad’s website still contains that misinformation about some aggravated misdemeanors leading to the loss of voting rights, even though Branstad himself signed the 1994 law defining “infamous crimes” as felonies. Speaking to reporters a few weeks ago in defense of his policy permanently disenfranchising all but a handful of ex-felons, the governor equated “infamous crimes” with felonies.

Because Chiodo plans to take his case to court, a Polk County District judge (and perhaps eventually the full Iowa Supreme Court) will settle any questions over whether Iowa’s 1994 law supersedes previous court rulings on this issue.  

Most people familiar with the criminal justice system understand that a jury acquittal after less than an hour is an embarrassing loss for the prosecutor and a sign that the case should never have come to trial.

Then there’s Iowa Secretary of State Matt Schultz. Having spent major political capital (not to mention hundreds of thousands of taxpayer dollars) to spin simple errors into grand criminal conspiracies, he managed to claim victory yesterday when a Lee County jury declared an ineligible voter not guilty of perjury.

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

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

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

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

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

While Governor Terry Branstad vacations in Arizona this week, his administration is facing new allegations of misconduct. As first reported in the Sunday Des Moines Register, at least six former state employees were offered secret settlement deals after claiming they were forced out of their jobs for political reasons. Today, Democratic State Senator Bill Dotzler announced that he is seeking a federal investigation into the actions of Iowa Workforce Development Director Teresa Wahlert, whom Dotzler accused of interfering with the work of administrative law judges.

After the jump I’ve posted several links about both scandals as well as some political reaction. Any relevant comments are welcome in this thread.

Governor Terry Branstad’s Republican challenger, Tom Hoefling, has qualified for the primary ballot after submitting his nominating petitions on March 14, the final day. I don’t see any way Hoefling could win a primary, but it will be interesting to see how large the conservative protest vote is against Branstad. GOP turnout should be larger than usual on June 3, because of competitive primaries for the U.S. Senate seat and the first, second, and third Congressional districts.

Last night the Iowa Secretary of State’s office indicated that Jonathan Narcisse filed papers to run for governor as a Democrat. However, his petitions must not have had enough valid signatures, because his name does not appear on the full candidate list (pdf). The other long-shot Democratic hopeful, Paul Dahl, apparently never filed petitions. That leaves State Senator Jack Hatch as the lone Democratic gubernatorial candidate.

In other statewide candidate news, no Republicans stepped up to run against Attorney General Tom Miller or State Treasurer Mike Fitzgerald. By this time in 2010, Brenna Findley was already campaigning around the state against Miller, and two Republicans were running for treasurer.

As expected, Sherrie Taha is the Democratic candidate for secretary of agriculture; she will face GOP incumbent Bill Northey. Jon Neiderbach is the Democratic candidate for state auditor; he will face GOP incumbent Mary Mosiman, whom Branstad appointed last year. The secretary of state’s race pits Democrat Brad Anderson against Republican Paul Pate. 2010 Libertarian nominee Jake Porter also plans to register for the ballot this summer.

I’ve been meaning to put up a thread on efforts to legalize cannabis for medical use in Iowa. State Senator Joe Bolkcom has been the lead sponsor of a bill that would create “a state regulated system to provide medical cannabis to Iowans under a doctor’s care.” Senate File 2215 (full text) did not meet the Iowa legislature’s first “funnel” deadline because of a lack of support from statehouse Republicans. However, more recently GOP lawmakers including Iowa House Majority Leader Linda Upmeyer, a nurse practitioner, have said they are open to discussions on the issue. Iowa House Republican Clel Baudler, who helped kill a similar bill last year, is dead-set against what he calls an “asinine” idea.

The Iowa Medical Marijuana website includes much more background on efforts to legalize the medical use of cannabis. The front page of that site includes links to recent news coverage and videos from an Iowa Senate hearing on March 5. CNN’s Dr. Sanjay Gupta changed his mind on the medical uses of marijuana while working on a documentary last year.

After the jump I’ve enclosed a statement from Bolkcom explaining the key points of SF 2215, highlights from the Des Moines Register’s latest polling on the issue, and comments from Governor Terry Branstad, West Des Moines Mayor Steve Gaer, and Representative Bruce Braley, the Democratic candidate for U.S. Senate.

Any relevant thoughts or predictions are welcome in this thread. I expect advocates will have to work for at least a few more years before Iowa joins the 20 states and Washington, DC where medical marijuana is already legal.  

As Bleeding Heartland has discussed before, I’ve long felt that Governor Terry Branstad’s disregard for local government authority is one of the most under-reported Iowa political stories of the last few years. The Iowa Department of Transportation’s new rules restricting cities’ use of traffic cameras is one of many examples. Bills seeking to ban local governments from using traffic cameras for law enforcement stalled during the 2012 and 2013 legislative sessions. The Iowa DOT’s new rules went into effect last month; they do not prohibit all use of traffic cameras but require annual reviews to show the cameras are improving safety and not just serving as a revenue source for local government.

Sioux City is one of many Iowa municipalities that have installed traffic cameras on some major roads and intersections. The Iowa DOT gave Sioux City officials “until May 1 to justify the use of two speed cameras and seven of its 11 red-light cameras.” Now the city government has filed a lawsuit claiming the state department exceeded its authority.

Assistant City attorney, Justin Vondrak, filed the judicial review action in Woodbury County District Court and says the DOT regulations make it almost impossible for the city to use speed cameras along Interstate 29 within the city limits. “What we’re asking for is a review of the rules and to eventually have the rules determined to be unconstitutional based on the city’s home rule authority, as well as other Iowa code sections which grant the city joint jurisdiction with the DOT for traffic enforcement upon the primary roadways within the city’s jurisdiction,” according to Vondrak.

More details on the lawsuit are after the jump.

Whatever the District Court rules, I expect the losing side to appeal and would not be surprised to see the Iowa Supreme Court eventually decide this matter. The case raises interesting questions about local and state government powers. On a related note, I still think some municipality should have challenged Governor Branstad’s executive order on project labor agreements in court.