Governor Terry Branstad’s plan to transform the Iowa Department of Economic Development into a public-private partnership won approval from the Iowa House this week. House File 590 would create an Iowa Partnership for Economic Progress, with three separate boards supervising various aspects of economic development work. Supporters say they have worked to make Branstad’s preferred model more transparent, but its convoluted structure invites the kind of abuses seen in other states where private entities have control over economic development incentives.

More details on House File 590 and its path through the Iowa House are after the jump.

Political junkies anxiously await the Legislative Services Agency’s release of a new Iowa map at 8:15 am on March 31. To learn more about the process, check out the “Introduction to Redistricting in Iowa” from the state legislature’s official website. The Legislative Guide to Redistricting in Iowa (pdf) contains many details on the history of redistricting and legal requirements governing the process for drawing new maps. Here’s a timeline of what to expect during this process.

March 31: The Legislative Services Agency will deliver a congressional and legislative redistricting plan to both chambers of the General Assembly (the law requires this to be done by April 1).

April 4-7: The Temporary Redistricting Advisory Commission must “schedule and conduct at least three public hearings in different geographic regions of the state and to issue a report to the General Assembly summarizing the information and testimony received.” This year the commission scheduled four public hearings, one for each Congressional district. Locations and times of public hearings scheduled for April 4-7 are at the end of this post.

April 13: The commission must then report to the legislature on the input from public hearings, no later than two weeks after the Legislative Services Agency submitted the plan.

Second half of April: The Iowa House and Senate must bring a redistricting bill to a vote “expeditiously” but no sooner than three days after receiving the Temporary Redistricting Advisory Commission’s report. The map receives an up or down vote; lawmakers cannot amend it during this stage of the process.

Late May or early June: If the Iowa House or Senate rejects the first redistricting plan, or Governor Terry Branstad vetoes it, the Legislative Services Agency has 35 days to submit a second plan to the legislature. “The second plan must be prepared in accordance with the reasons cited, if any, by the Senate or the House by resolution or the Governor by veto message, for the failure to approve the first plan, as long as the reasons do not conflict with any redistricting standard provided by the Code.” No public hearings are required on the second redistricting plan. The Iowa House and Senate must wait at least seven days after it has been submitted to vote on it, and again, no amendments are allowed. Branstad would have to call a special session of the legislature for this, since the Iowa House and Senate are expected to adjourn for the year in early May.

Late summer: If either chamber of the legislature or the governor rejects the second plan, the Legislative Services Agency is required to submit a third map within 35 days of when the second plan was rejected. No public hearings are required. The legislature must wait at least seven days to vote on the third plan, which can be amended like an ordinary bill. However, the Republican-controlled Iowa House and the Democratic-controlled Iowa Senate would probably find it difficult to amend the map to a mutually agreeable form.

September: If no consensus is reached on a third map, or Branstad vetoes a map approved by the legislature, the Iowa Supreme Court would take responsibility for drawing a valid map and would have to complete the process by December 31. If the legislature enacts a plan that is successfully challenged in the Iowa Supreme Court, the seven justices would take over the process of drawing a new apportionment plan. They would have 90 days from the date of their ruling striking down the map to complete the process.

The Des Moines rumor mill says politicians in both parties are wary of letting the Iowa Supreme Court draw political lines for the next decade. In all likelihood state legislators and the governor will sign off on either the first or the second map offered by the Legislative Services Agency. UPDATE: Citing unnamed Republican and Democratic insiders, Cityview’s Civic Skinny predicts the first map will be rejected “no matter how fair and how close to perfect it is,” but legislators will “avoid a third map that could conceivably be defeated.”

After the jump I’ve posted details on many events going on around the state this week. Scroll to the bottom to find out where and when the public can comment on the new Iowa map between April 4 and 7.

Iowa will soon introduce a season for hunting mourning doves, which had been protected for nearly 100 years as a symbol of peace. Last week, with no debate in the Iowa House or Senate, Senate File 464 passed both chambers easily. Governor Terry Branstad signed the bill into law with the usual photo-op for key backers, but he didn’t seem keen on media attention. The official press release on signing Senate File 464 lacked any quotes about how great the new law will be.

Over the decades, many Iowa lawmakers introduced dove-hunting legislation, and the Republican-controlled House and Senate approved a bill in 2001, but Governor Tom Vilsack vetoed it. Feelings on this issue have never broken down strictly on party lines; Democratic Senator Dick Dearden of Des Moines has been one of the most committed dove-hunting advocates. Senate File 464 passed the Iowa Senate on a bipartisan 30-18 vote; 19 Republicans and 11 Democrats voted yes, while 15 Democrats and three Republicans voted no. The bill cleared the House by 58 to 39; 48 Republicans and 10 Democrats voted yes, while 11 Republicans and 28 Democrats voted no. You can find the Iowa Senate roll call here and the House roll call here.

The Des Moines Register’s editorial board argued that legislators should have respected tradition and left the ban in place. In a Mason-Dixon poll of 625 Iowa voters between March 17 and 19, 54 percent of Iowans were against legalizing dove-hunting, while just 25 percent supported it. The Humane Society of the United States commissioned the survey, which found majority opposition in the Republican, Democratic and independent sub-samples.

Although I don’t hunt, I don’t feel more connected to mourning doves than to other wild birds. On the other hand, I believe legislation to expand hunting should have included provisions to protect wildlife from lead poisoning, which is a significant problem in Iowa.

Other news that caught my eye this week:

The Des Moines Register’s chief political reporter since 2002, Tom Beaumont, took a new job as the Des Moines correspondent for Associated Press.

As Des Moines Correspondent, Beaumont will join a political coverage team that includes state government reporter Mike Glover and Iowa City Correspondent Ryan J. Foley. Along with reporters from across the region and the AP’s Washington staff, they will ensure the AP’s report on the caucuses and the 2012 election is consistently first and always complete.

With only nine or ten months remaining before the Iowa caucuses, that’s not a timely departure for the Register.

Iowa State University President Gregory Geoffroy informed the Board of Regents that he will step down in the summer of 2012. He’s held the job since July 2001. I hope that before he leaves, Geoffroy will do the right thing and help the Leopold Center for Sustainable Agriculture find strong leadership and more independence within the university. His successor won’t want to rile up the corporate interests that helped ISU set fundraising records during the past decade.  

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

UPDATE: Todd Dorman goes over the unusual process through which the dove-hunting bill passed:

Dove hunting did not soar to passage on gossamer wings, folks. It was more like a roach skittering across the kitchen floor in the dark, shielded from scrutiny by quick, deft maneuvers.

The dove bill was off the radar until just before a legislative funnel deadline that exterminates bills that don’t clear a committee. At the Senate Natural Resources and Environment Committee’s final meeting before the deadline, its chairman, Sen. Dick Dearden, D-Des Moines, sprung the bill and pushed it through. The bill was not on the committee’s published agenda. Surprise.

It passed the full Senate. That sent the bill to the House, where, normally, it would go through a House committee before being taken up on the floor. That provides some time for input and deliberation. Lawmakers can even call a public hearing.

Instead, just one day after Senate passage, House Republican leaders called up another Senate bill having to do with raccoon hunting. The House amended the raccoon bill so that it actually became the Senate dove bill. That very unusual bit of procedural crossbreeding allowed the dove bill to skip the House committee process entirely. Soon, the bill flew to Gov. Terry Branstad, who signed it fast and in private.

Legislation aimed at encouraging the expansion of nuclear power in Iowa is “a bad idea that gets worse by the minute,” according to a new report by Mark Cooper, Senior Fellow for Economic analysis at the Vermont Law School’s Institute for Energy and the Environment. Iowa Physicians for Social Responsibility commissioned the report, and Cooper summarized its conclusions at a Des Moines press conference today. He analyzed the nuclear industry as a whole and lessons learned from states that have adopted legislation similar to Iowa’s House File 561 and Senate File 390.

Cooper’s report focuses on the immense costs that this legislation would impose on customers of MidAmerican Energy, even if no new nuclear facility is ever built. The average MidAmerican customer may see utility bills go up $50 per month before any nuclear reactor comes online. MidAmerican President Bill Fehrman told Iowa lawmakers yesterday that nuclear power is less expensive than pursuing other methods of generating more electricity, such as solar power and natural gas. Perhaps he was unaware of recent comments by Exelon CEO John Rowe, who runs the largest nuclear plant operator in the U.S. Rowe is convinced that

“At the present time in the United States, new nuclear power reactors are not economical anyway with low load growth and very cheap natural gas. Natural gas generation is now the economic way of choice for low-carbon electricity and that will be true for at least a decade,” he said.

Cooper’s report demonstrates that nuclear power is not competitive with any other major method of producing electricity in terms of cost or efficiency. Massive up-front costs are one reason why nuclear projects in other parts of the U.S. have gone nowhere despite federal loan guarantees (see also here). Building nuclear power plants will only become more expensive in light of the ongoing disaster at Japan’s Fukushima facility.

Nuclear power projects also create relatively “few jobs per dollar invested,” “drain resources from household budgets,” “raise the cost of doing business” and primarily benefit foreign equipment vendors. Because the licensing and construction process for nuclear power plants is so slow, Cooper writes, “choosing nuclear reactors over efficiency and renewables not only produces many fewer local jobs in the aggregate, but takes much longer to get those jobs.”

For decades, activists opposed to nuclear power have focused on health and security concerns, such as the lack of appropriate long-term storage for nuclear waste, or the potential for an accident or terrorist attack to release large amounts of radiation. Cooper’s report shows that even if one sets aside all health and environmental concerns, nuclear power is a raw deal for consumers. MidAmerican ratepayers are unlikely ever to break even on this deal. The American Association for Retired Persons has been trying to get legislators to view the proposed bills from this perspective as well.

Governor Terry Branstad’s mind appears to be made up: he supports anything MidAmerican wants to help it build a nuclear power plant, because “we really can’t do it all with renewable.” I reject Branstad’s premise that efficiency measures and renewable energy projects can’t meet Iowa’s baseload electricity needs, but even if that were true, new natural gas-powered plants would be a far better use of resources than nuclear.

House File 561 has already cleared the Iowa House Commerce Committee and probably will pass the House easily. Senate File 390 is still being considered in subcommittee, and nine Democratic senators have urged their colleagues to shelve the proposal. (Cooper notes that other states that were considering similar legislation have put it on hold following the crisis in Japan.) Senate Commerce Committee Chair Swati Dandekar has scheduled a subcommittee meeting on this bill Monday, March 28 from 11:30 am to 1:00 pm in room 116 at the state capitol. Opponents of this bill should contact their representatives and senators, and members of the Senate Commerce Committee in particular.

After the jump I’ve posted today’s release from Iowa Physicians for Social Responsibility and several longer excerpts from Cooper’s report on advanced cost recovery for nuclear reactors.

UPDATE: MidAmerican disputes Cooper’s estimates on how much the average ratepayer’s utility bill would go up. I don’t put much stock in estimates from a company whose president claims nuclear power is less expensive than natural gas.

SECOND UPDATE: Paul Deaton of Iowa Physicians for Social Responsibility discusses MidAmerican’s shifting cost estimates and argues, “no single document lays out all of the impacts of HF 561 and SF 390 to consumers and that’s the point. The Iowa legislature needs to slow down, get the facts and then make a decision about nuclear power.”

The Board of Regents approved a significant tuition hike yesterday in response to expected reductions in state funding for the University of Iowa, Iowa State University and the University of Northern Iowa. B.A. Morelli reported for the Iowa City Press-Citizen,

In-state students at UI, Iowa State University and the University of Northern Iowa will see a 5 percent increase. But there are additional mandatory fees, and out-of-state students and students in specialized programs, such as business, engineering and nursing, will have increases up to 41.4 percent.

Details and background information are after the jump.

Governor Terry Branstad and Cedar Rapids officials have made no progress toward resolving a dispute that could derail $15 million in funding for the city’s Convention Complex project. Branstad administration officials continue to insist that Cedar Rapids set aside a project labor agreement signed in December, because it conflicts with Branstad’s Executive Order 69.

Follow me after the jump for recent news on this story, including comments this week from Iowa Attorney General Tom Miller.

Last October the U.S. Department of Transportation approved $230 million for passenger rail between Iowa City and Chicago, going through the Quad Cities. However, the November election results placed both federal and state money for that project in doubt.

Follow me after the jump for recent news on prospects for funding the passenger rail link.  

Cedar Rapids officials and Terry Branstad’s administration are still at odds over labor policy, and the dispute could cost Iowa’s second-largest city a $15 million state I-JOBS grant for work on its Convention Complex flood recovery project. Mayor Ron Corbett, a former Republican speaker of the Iowa House during the 1990s, has suggested compromises to accommodate Branstad’s opposition to project labor agreements, but  the governor has so far dismissed those ideas.

Follow me after the jump for background and recent news on the most significant clash between the new Branstad administration and a local government.  

Approximately 7,000 Iowans who have been out of work for at least a year have lost their chance to receive an extra 13 weeks of unemployment benefits at the federal government’s expense. The 2009 stimulus (American Recovery and Reinvestment Act) included a provision “to fund the entire cost of extended unemployment benefits through the end of 2011, rather than requiring states to pay half of the cost.” States with unemployment rates of at least 6.5 percent could qualify for 13 weeks of extended benefits, and states with unemployment rates exceeding 8 percent could qualify for 20 weeks of extended benefits.

Iowa was among nine states that did not pass enabling legislation (a “Total Unemployment Rate trigger”) to take advantage of that portion of the stimulus. Democrats in the Iowa Senate recently approved a bill on a mostly party-line vote and urged the Iowa House to act by March 10. New employment figures to be released on that date were expected to bring Iowa’s three-month average unemployment below the threshold for qualifying for the federal stimulus program. Indeed, Iowa Workforce Development confirmed that the state’s unemployment rate held steady at 6.1 percent in January, bringing the three-month average rate down to 6.1 percent.

Governor Terry Branstad didn’t advocate for the enabling legislation, and House Republican leaders decided not to move the bill:

“[T]he House Republican caucus is not interested in making it harder to be an employer in the state of Iowa,” said House Speaker Kraig Paulsen, R-Hiawatha. “What’s going on with unemployment compensation right now is making it harder to be an employer.”

I believe Republicans misunderstood the essence of this program. As the National Employment Law Project explained in a February report, the stimulus act included full federal funding for these extended benefits. Note: that report estimated that about 29,000 Iowans could potentially receive the 13 weeks of extended unemployment benefits. Iowa Senate Democrats estimated that about 7,000 would qualify. That’s a relatively small percentage of the 102,000 unemployed Iowans, but roughly $14.5 million in benefits divided among 7,000 people would have meant a lot of extra disposable income in communities with high jobless rates.

It’s lamentable that Republicans declined to act on behalf of Iowa’s long-term unemployed. In addition to helping jobless individuals, unemployment benefits have a powerful multiplier effect in local economies, because the people who receive them tend to spend the money quickly on goods and services they could not otherwise afford.

Democrats in the Iowa House and Senate share the blame for not passing the Total Unemployment Rate trigger during the 2010 legislative session. When the stimulus went into effect in 2009, Iowa’s unemployment rate was too low to qualify for that money (though state officials did secure unemployment benefits through a different part of the stimulus). But in early 2010, Iowa’s unemployment rate exceeded 6.5 percent. If the Iowa House and Senate had passed enabling legislation, Governor Chet Culver surely would have signed it, and some jobless Iowans would already have received the extra federal funding.

Clark Kauffman has a interesting story in today’s Des Moines Register about William Gustoff, one of Governor Terry Branstad’s two recent appointees to the State Judicial Nominating commission. Apparently it is unprecedented for an Iowa governor to name an attorney to this commission. Gubernatorial appointees are typically non-lawyers, while the State Bar Association selects lawyers to serve. Kauffman noticed something else I didn’t realize about Gustoff:

Gustoff is among four lawyers representing four Iowans in a federal lawsuit against the nominating commission.

Ironically, one of the claims made by the plaintiffs in that case is that the makeup of the commission – half lawyers, half lay people – is biased against nonlawyers because they have no say in the selection of half the commission.

The lawsuit was first filed in December. In February, it was dismissed by a federal judge who said the plaintiffs failed to show a clear violation of their constitutional rights. An appeal is now pending in the 8th U.S. Circuit Court of Appeals.

Gustoff said that although he is listed as the lead attorney for one of the plaintiffs, his involvement in the case was minimal at first and is almost nonexistent now.

“I’m not really that involved in it,” he said. “I haven’t taken any steps to remove myself from the case as the attorney of record. But I am not admitted to the 8th Circuit Court of Appeals, so I can’t file anything now, and I really have nothing to do with it at this point.”

Gustoff said he’s not a trial lawyer, and his practice is focused on estate planning and nonprofit law. As a result, he said, he will bring to the commission the perspective of an average citizen, rather than that of a typical lawyer.

Asked why, if he specializes in estate planning and nonprofits, he was hired to handle the lawsuit against the commission, Gustoff said he’s not sure. “They got me from somewhere,” he said, laughing. “I don’t know. I never asked them how they got my name.”

Gustoff works in the law firm of Whitaker Hagenow, which is run by Chris Hagenow, a Republican state representative who has sponsored legislation to abolish the Judicial Nominating Commission, and Matt Whitaker, a former Supreme Court applicant who has accused the commission of manipulating the selection of Supreme Court justices.

Neither Hagenow’s bill nor other proposals to change the judicial nominating system made it past the Iowa legislature’s “funnel” deadline last week.

Bleeding Heartland discussed the federal lawsuit against the judicial nominating commission here. The case seems quite weak. It’s telling that the attorneys running the show in this politically-motivated lawsuit selected Gustoff (a partner in a conservative law firm) as opposed to some Iowa attorney with experience in litigation or constitutional law.

Kauffman paraphrases Branstad spokesman Tim Albrecht as confirming that the governor picked Gustoff “because of his conservative leanings.” Branstad’s other appointee to the judicial nominating commission is a non-laywer, Helen St. Clair of Melrose. She is presumably related to Maurice St. Clair of Melrose, who donated about $45,000 to Branstad’s gubernatorial campaign. Most of the remaining members of the judicial nominating commission are registered Democrats.

UPDATE: Nathan Tucker calls Kauffman’s article “journalistic malpractice”. Excerpts from his case are after the jump.

Governor Terry Branstad’s latest executive order gives businesses and their advocates new opportunities to pre-empt government regulation of their activities. The governor’s spin on the new order presents it as a way to meet his administration’s job-creation goals:

“Executive Order Seventy-One will ensure that state government’s eyes are affixed on job creation, retention and development when issuing rules and regulations,” said Branstad. “This rule making process will assist in our administration’s goal of creating 200,000 new jobs and putting the roughly 106,000 unemployed Iowans back to work.”

The executive order will identify policies that hurt jobs before they impact job retention and development. […]

“As we travel the state we have heard Iowans voice their concerns over the burdens of bureaucracy that fails to understand the relationship between excessive regulation and job creation,” Branstad added. “Executive Order Seventy-One encourages a job-friendly environment as we build a strong foundation for the future.”

I’ve posted the full text of Executive Order 71 after the jump. It requires all government agencies to prepare a “jobs impact statement” before adopting any new rules and regulations, and to “minimize the adverse impact on jobs and the development of new employment opportunities before proposing a rule.” Furthermore,

Each Agency shall accept comments and information from stakeholders prior to the Jobs Impact Statement. Any concerned private sector employer or self-employed individual, potential employer, potential small business, or member of the public is entitled to submit information relating to Jobs Impact Statement upon a request for information or notice of intended action by a Department or Agency.

So, the governor is instructing agency employees to make “jobs impact” a greater consideration than other public-interest concerns (for example, reducing air pollution that causes life-threatening and costly illnesses, or restricting lending practices that trap consumers in cycles of debt). Furthermore, agency employees need to hear input from “stakeholders” (businesses and business owners) when drafting the jobs impact statements. Also, certain sectors receive privileged status:

The analysis in the Jobs Impact Statement should give particular weight to jobs in production sectors of the economy which includes the manufacturing, and agricultural sectors of the economy and include analysis, where applicable of the impact of the rule on expansion of existing businesses or facilities.

The likely outcome is that “doomsday scenario” analysis from advocacy groups like the Iowa Association of Business and Industry or the Iowa Farm Bureau Federation will now carry new credibility as part of the official “jobs impact statement” issued by state agencies. Any potential rule that manufacturers or agricultural operators view as too “burdensome” will be discarded, regardless of how many other Iowans might benefit.

For as long as I can remember, industry trade groups and lobbyists have exaggerated the potential jobs cost of regulations ranging from the Clean Air Act to the Americans with Disabilities Act. Meanwhile, no one is calculating the economic impact of, say, preventable respiratory illnesses in communities with high levels of particulate matter in the air, or making Des Moines Water Works customers pay to clean up pollution agricultural producers create in the Raccoon River Watershed.

Executive Order 71 dovetails with other recent Branstad efforts to increase business leverage against government regulations. All four of his appointees to the Environmental Protection Commission have close ties to agribusiness. The governor is also leaning toward moving Iowa’s water monitoring and water quality protection programs from the Department of Natural Resources to the Iowa Department of Agriculture and Land Stewardship.

It was an action-packed week at the state capitol, with Iowa House and Senate committees deciding which non-budget bills merit further consideration and which would be dead for the 2011 session. The full news roundup from the state legislature is coming later this weekend.

Governor Terry Branstad rolled out more than 200 appointments this week. I covered some of them here and here. Look over the governor’s long list and post a comment if I left out any appointees who seem particularly noteworthy.

Here’s an unsurprising story: Senator Tom Harkin is “greatly disappointed” in the White House approach to negotiations over fiscal year 2011 spending:

Harkin said that he objected to the White House’s emphasis on non-security discretionary spending, which is about 12% of the overall budget but has drawn the overwhelming attention of both parties in their efforts to trim the deficit. Neither Democratic or Republican leaders are proposing raising taxes to help bridge the gap. According to Harkin, discretionary spending cuts disproportionately hurt working families by targeting safety net programs and education.

“The White House is wrong on that,” Harkin said. “I want to see proposals like what Bill Clinton did in 1995. He said we’re not going to cut education, we’re not going to cut women, infant, and children programs, we’re just not going to cut those specific things. I want to see the President out there using his bully pulpit…talking about what those specific cuts are out there and then to advocate, saying ‘Look everything is on the table.’” […]

“If we’re going to do this let’s do it fair — one-third mandatory, one-third discretionary, one-third revenue,” he said.

I’m “shocked, shocked” that the Obama administration conceded the heart of the budget cut dispute to the GOP before the serious deal-making began.

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

Governor Terry Branstad announced more than 200 appointees to various state boards and commissions yesterday. He named Dolores Mertz, Brent Rastetter, Eugene Ver Steeg, and Mary Boote to four-year terms on the Environmental Protection Commission.

Mertz retired last year after more than two decades in the Iowa House. She was the most conservative House Democrat and chaired the Agriculture Committee for four years. She was a reliable vote against any attempt to limit pollution from factory farms and regularly assigned such bills to subcommittees that would bury them. Her sons own large hog farms and have been cited for several environmental violations. She also earns income from renting farmland to those operations. On the policy side, last year Mertz fast-tracked a bill that would have undermined new rules on spreading manure over frozen and snow-covered ground. She pushed (unsuccessfully) for a bill that would have given landowners until 2020 to comply with regulations passed in 1997 to prevent water contamination from agricultural drainage wells. Mertz has spoken of her “passion” to advocate for agriculture.

Brent Rastetter gave Branstad’s gubernatorial campaign at least $30,000. He is the owner and CEO of Quality Ag Construction, a company he and his brother Bruce Rastetter created in 1992. Quality Ag Construction’s market niche has been building hog confinement facilities. UPDATE: It’s also worth noting that Bruce Rastetter built a business empire in large-scale hog production and later ethanol. Groups representing agribusiness and biofuels producers are suing the Environmental Protection Commission and the Department of Natural Resources over water quality protection rules.

Ver Steeg was first named to the Environmental Protection Commission by Governor Chet Culver in 2008 for the position on the nine-member body that must be filled by “an active grain or livestock farmer.” Ver Steeg owns a hog farm and is a past president of the Iowa Pork Producers Association.

Boote is a “longtime Republican activist” who founded and runs an organization called Truth About Trade and Technology. The organization’s mission is to “support free trade and agricultural biotechnology.” It is primarily funded by “U.S. agribusinesses, farm organizations and individuals.” Boote has served as executive director of Truth About Trade and Technology for the past decade, so her income depends on the business organizations supporting the group.

Many in the environment-minded community criticized Culver in 2007, when he replaced four strong members of the Environmental Protection Commission with two people who had background in conservation and two who had close ties to agribusiness. Culver later named other supporters of protecting natural resources to the EPC, notably Shearon Elderkin and Carrie La Seur.

I don’t see any balance in Branstad’s appointees. That doesn’t bode well for the future work of the Environmental Protection Commission, charged with providing policy oversight over Iowa’s environmental protection efforts.

After the jump I’ve posted the Iowa Citizens for Community Improvement’s statement on the new EPC appointees. Iowa CCI has sought to monitor compliance with new rules on spreading manure over farmland during the winter.  

Signs of Iowa’s poor water quality are not hard to come by. Our state has more than 400 “impaired waters.” The Des Moines Water Works has the largest nitrate removal system in the world, because “the Raccoon River has the highest average nitrate concentration of any of the 42 largest tributaries in the Mississippi River Basin.” Even so, the Water Works sometimes struggles to handle high levels of blue-green algae (cyanobacteria) in the Raccoon River, forcing the water treatment facility to draw from a secondary source. Iowa watersheds are also a major contributor to the "dead zone" in the Gulf of Mexico, and the nutrients from “Nitrogen and phosphorus pollution from commercial fertilizers and animal manure from farmland were the biggest contributing sources” of the excess nutrients that cause the dead zone.  

Despite those facts, Governor Terry Branstad and many state legislators have claimed the Iowa Department of Natural Resources takes too tough a stand in enforcing pollution rules. Branstad’s draft budget cut funding for the DNR. The department was a frequent punching bag at Republican-led forums around Iowa last month, designed to spotlight supposedly burdensome regulations on businesses.  

Branstad has expressed hope for a “change in attitude” at the DNR. He sent a strong signal by appointing Roger Lande as the new DNR director. Lande is a former head of the Association for Business and Industry and a partner in a Muscatine law firm that has represented the Iowa Farm Bureau as well as corporations like Monsanto.

Announcing Lande’s appointment, Branstad said,

“I can think of no one better to be a steward of Iowa’s precious natural resources than Roger Lande,” said Gov.-elect Branstad. “Roger and his family have long been champions of conservation of Iowa’s rivers, woodlands, greenways, prairies and trails and I am confident that Roger will excel in his new role as head of Iowa Department of Natural Resources.”

Apparently Branstad has now thought of someone better than Lande to handle water quality programs and Clean Water Act compliance: Iowa Secretary of Agriculture Bill Northey. Yes, even though runoff from conventional agriculture is a leading cause of Iowa’s poor water quality, Branstad thinks the Iowa Department of Agriculture and Land Stewardship (IDALS) might be better-suited to handle water monitoring and protection than the DNR. Some Iowa House Republicans are pushing House Study Bill 180, which would transfer the same authority to IDALS. Unfortunately, it won’t be enough to stop this measure in the Iowa House or Senate, because Branstad has the power to transfer functions to Northey’s agency without enabling legislation.

After the jump I’ve posted background on this issue from Iowa Rivers Revival and the Iowa Environmental Council, as well as contact information for state legislators and the governor’s office. The Iowa Environmental Council posted a link to their action alert here.

Iowa already does too little to limit water pollution. If Northey is put in charge of protecting water quality, get ready for more impaired waters and major algae blooms. Northey marches in lockstep with the Iowa Farm Bureau Federation, one of three plaintiffs in a state lawsuit seeking to nullify the most significant water quality rules adopted in Iowa during the past decade.

In related news, the American Farm Bureau Federation has filed a federal lawsuit to stop the Environmental Protection Agency from limiting water pollution in the Chesapeake Bay.

The farm lobby has made it clear it sees the cleanup effort as a harbinger of more far-reaching EPA requirements across the country, including in the Mississippi River basin, where chemical runoff from industrial farms is swept to the Gulf of Mexico. […]

“This new EPA approach will not end with the Chesapeake Bay,” Bob Stallman, the Farm Bureau’s president, said in an address early this month. “EPA has already revealed its plan to follow suit in other watersheds across the nation, including the Mississippi watershed. That is why our legal effort is essential to preserving the power of the states – not EPA – to decide whether and how to regulate farming practices in America’s watersheds.”

Share any relevant thoughts in this thread.

Governor Terry Branstad announced some important personnel decisions in the past few days, naming former State Representative Libby Jacobs to chair the Iowa Utilities Board and three new members of the Board of Regents, including Bruce Rastetter.

Follow me after the jump for more on those and other Branstad administration appointments.

UPDATE: On March 1 President Barack Obama named Branstad to co-chair the Council of Governors, “established by the National Defense Authorization Act in 2008 to strengthen further partnership between the Federal and State governments as it pertains to national security.” Branstad will serve a two-year term as co-chair.

SECOND UPDATE: Branstad announced more than 200 appointments to state boards and commissions on March 2. Bleeding Heartland covered the four appointees to the Environmental Protection Commission here; all have ties to large agribusiness.

Another name that caught my eye was Eric Goranson, a lobbyist and parochial schools advocate whom Branstad named to the State Board of Education. He has been a leading critic of the Iowa Core Curriculum (see here and here). The Under the Golden Dome Blog argues that Goranson’s appointment may violate Iowa code, which states, “A voting member [of the Board of Education] shall not be engaged in professional education for a major portion of the member’s time nor shall the member derive a major portion of income from any business or activity connected with education.” Several of Goranson’s lobbying clients represent religious private schools or Christian home-schooling parents.

THIRD UPDATE: I forgot to mention Branstad’s two appointees to the State Judicial Nominating Commission: Helen St. Clair of Melrose and William Gustoff of Des Moines. I have been unable to find any information about Helen St. Clair, but a Maurice St. Clair of Melrose was among Branstad’s top 20 individual donors, contributing more than $45,000 to the gubernatorial campaign. I assume he is related to Helen St. Clair and will update this post if I confirm that. William Gustoff is a founding partner of the Whitaker Hagenow law firm, which includes Republican former U.S. attorney Matt Whitaker and State Representative Chris Hagenow. Branstad’s legal counsel Brenna Findley also worked at Whitaker Hagenow last year.

The U.S. Air Force announced on Thursday that Boeing will receive a $35 billion contract to build aerial refueling tankers. The contract is expected to create roughly 800 jobs in Iowa, including 200 at Cedar Rapids-based Rockwell Collins. Iowa politicians from both parties hailed the decision, including Republican Governor Terry Branstad and Cedar Rapids Mayor Ron Corbett and Democratic Representatives Bruce Braley and Dave Loebsack. Branstad, Braley and Loebsack all noted in their official statements that they had urged the U.S. Department of Defense to award Boeing the contract.  Former Governor Chet Culver went to Washington to lobby for Boeing’s bid last year. Boeing’s rival for the contract was the European Aeronautic Defense and Space Company, which makes Airbus planes. Airbus also uses subcontractors based in Iowa, but Boeing’s subcontractors employ more Iowans. The European company may protest the Air Force’s decision and has support from some members of Congress.

Des Moines business owner Mike Draper published a guest editorial in Saturday’s Des Moines Register undermining Republican claims about corporate tax cuts creating jobs:

I recently heard “cutting state taxes will add jobs” delivered with a perfect, deadpan tone, but I was the only one laughing. Wasn’t it meant to be a joke?

After all, since starting a small downtown clothing store, Raygun, in 2005, I have added about 25 jobs and never once considered the state tax rate when doing so. […]

Most job growth nationally and in Iowa will come from small businesses like mine, and many small businesses are set up as S-corporations, which don’t pay corporate tax; rather, any profits for the company are paid on the personal tax statements of the owners. So corporate tax cuts will only really affect the largest companies in Iowa, which add the least number of jobs over time.

But for argument sake, let’s say the governor wanted to cut state income-tax rates as well to help small businesses add jobs. Say he even reduced my state taxes by 20 percent and I was expected to hire new staff with that savings. On a salary of $40,000 per year, that 20 percent reduction moves my taxes by 1 percent, or 400 annual dollars.

So, indeed, I could hire a new employee with my savings; it would just take 100 years (and by 2111, would $40,000 per year even be enough for them to afford the newest hover-board that all the other guys at the store will have?).

However, if that tax savings were coupled with public pre-K being eliminated for my son, a $400 annual savings may be slightly offset by the additional $8,000 annually I’d have to spend on day care.

With the governor’s math, I’d be laying off someone every 5 years and hiring every 100.

State tax collection data doesn’t support the claim that corporate tax cuts would help Iowa’s small businesses expand:

About 885 businesses, with sales over $25 million in Iowa, paid 65 percent of the state’s corporate taxes in 2008. That’s $142 million of nearly $219 million paid, Iowa Department of Revenue data show.

In addition, the data show the biggest corporate taxpayers are large retailers with sales outside the state. Iowa taxes companies only for income earned within the state.

Branstad has said small businesses would benefit the most because most of their sales – and income – are within the state.

But data from a state report show the 22,000 companies that have sales exclusively in Iowa contributed just 19 percent of the revenue collected via the state’s corporate taxes. That was about $41.6 million in 2008.

The governor has promoted his plan to cut the state’s corporate tax rates – with the highest rate at 12 percent – to a flat 6 percent for all companies. Branstad has said the tax cut – along with reducing commercial property taxes and government spending and eliminating regulations that stifle job growth – will help create 200,000 jobs and boost income 25 percent for Iowa families over five years. […]

But Iowa State University economist Dave Swenson said “it’s very unclear to me how this tax cut would create significantly more jobs in Iowa.”

Swenson said the proposed tax would be “very beneficial to a lot of large retailers and service firms that serve Iowa demand.”

“But cutting the corporate tax rate isn’t going to create more of those firms,” he said. “And for those large firms we want to attract – the Googles, IBMs, the Microsofts, companies that produce for a worldwide market – it’s a meaningless tax cut because they already do not pay very much Iowa corporate tax,” given that their sales and services are mostly sold outside Iowa and avoid state tax.

Economist Peter Fisher fleshed out that argument in his recent report on Corporate Taxes and State Economic Growth (pdf file):

Business tax breaks are an expensive and inefficient way to attempt to stimulate a state economy. Because of the small effect of tax breaks on business costs, and the much larger importance of other production costs and location considerations, tax breaks will have little if any positive effect on private- sector employment. In fact, the revenue losses may well produce immediate public-sector job losses. Furthermore, the private-sector employment effects of such tax cuts could be reduced or even eliminated by a long-term deterioration in the quality of public services, which themselves have been shown to be important to businesses making location decisions, and which provide an important part of the foundation for the state economy.

The business owners I know hire new employees when they anticipate greater demand for their goods or services. Tax rates are not a factor in that decision.

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

Anyone go to the labor rally on Saturday at the capitol? Snow couldn’t keep 70,000 to 100,000 people from attending the labor rally in Madison, Wisconsin.

The first all-nighter of the 2011 legislative session ended this morning around 6:05 am, as the Iowa House Labor Committee approved a bill restricting public employees’ collective bargaining rights on a party-line vote.

Details on the bill, the debate, and the fight to come are after the jump.

Governor Terry Branstad today named Edward Mansfield, Thomas Waterman and Bruce Zager to fill the three Iowa Supreme Court vacancies created by last November’s judicial retention vote. Mansfield practiced law in Des Moines for many years before Governor Chet Culver appointed him to the Iowa Court of Appeals in 2009. Waterman has long been an attorney in private practice in Pleasant Valley. Zager practiced law in Waterloo before Governor Tom Vilsack named him to the First District Court in 1999. He “spent 18 years in private practice and served part time as a Black Hawk Assistant County Attorney for 12 years.”

KCCI posted Mansfield’s interview with the State Judicial Nominating Commission here, Waterman’s interview here and Zager’s interview here. Branstad privately interviewed the nine finalists for the Supreme Court vacancies last week. The governor’s official statements announcing all three appointments are after the jump.

All three appointees are registered Republicans. Waterman has made the most political contributions, primarily to Republicans, and his $7,500 donation to Branstad’s gubernatorial campaign attracted some media attention last month. (Waterman also gave $250 to the attorney general campaign of Brenna Findley, who is Branstad’s legal counsel.) Asked whether the donation to his campaign made him uncomfortable, Branstad joked, “No, I think that’s great […] Listen I wish more of them had contributed.” He added that private citizens “have a right to contribute and participate in the political process,” and that Waterman’s donation would not influence his decision.

In a statement, Supreme Court Chief Justice Mark Cady praised the three appointees as well as Branstad and members of the judicial nominating commission. I’ve posted that statement after the jump. Cady’s colleagues chose him as chief justice after voters rejected Marsha Ternus, David Baker and Michael Streit. Once Mansfield, Waterman and Zager are sworn in, all seven Iowa Supreme Court will hold a new election for chief justice.

Although all the appointees are qualified, I find it disappointing that Iowa will have an all-male Supreme Court for the first time since 1986. The only woman on the short list, University of Iowa law professor Angela Onwuachi-Willig, had many qualifications but had no chance of being appointed by Branstad, for obvious reasons I discussed here. In fact, the governor didn’t even pretend to think seriously about appointing Onwuachi-Willig. Before interviewing the finalists, he publicly expressed regret that the State Judicial Nominating Commission didn’t send him more women candidates.

I share Cris Douglass’ view that including only one woman on the short list sent to Branstad reflects poorly on the nominating process. After the jump I’ve posted excerpts from a guest column Douglass published in the Des Moines Register on February 4. She notes that the men and women who applied for Iowa Supreme Court vacancies had comparable experience and backgrounds, yet the men had a far better chance of becoming finalists. Seeing highly qualified woman applicants passed over gives the impression that either commissioners had a conscious or unconscious bias toward male applicants, or perhaps that some sought to force an embarrassing choice on Branstad. He appointed both previous women who have served on Iowa’s high court (Linda Neuman and Marsha Ternus) and likely would have appointed a woman if any politically palatable female candidate had been a finalist.

Adding three Republicans to the state Supreme Court is unlikely to end legislative efforts to reform Iowa’s judicial nominating process or restrict the Supreme Court’s powers. More on that in a post to come. Share any comments related to the Iowa Supreme Court in this thread.

UPDATE: I’ve added below the statement from former Iowa Lieutenants Governor Sally Pederson and Joy Corning on behalf of the Justice Not Politics coalition. That nonpartisan coalition supports keeping the merit selection system Iowa has used for choosing judges since 1962. Justice Not Politics leaders recently submitted more than 3,200 signatures to Iowa House and Senate leaders calling for an end to “any conversation about impeaching Supreme Court justices.” Some conservative Republicans have advocated impeaching the four remaining justices who concurred in the 2009 Varnum v Brien ruling on marriage. The effort is unlikely to clear the Iowa House Judiciary Committee.

SECOND UPDATE: The Des Moines Register notes that Iowa is now one of only three states with no women on its highest court. In an interview, Branstad “declined to answer a question about whether he’d received a satisfactory list of candidates from the commission.”

That same Des Moines Register article quotes Iowa House Judiciary Committee Chairman Rich Anderson as praising the state’s “great judicial merit selection process.”

At the bottom of this post I’ve added more reaction to the Mansfield, Waterman and Zager appointments.

The Des Moines Register’s first statewide poll since Governor Terry Branstad returned to office shows that 45 percent of respondents approve of the job Branstad is doing, 35 percent disapprove and 20 percent are not sure. Selzer and Co surveyed 800 Iowa adults between February 13 and 16, and the poll has a margin of error of plus or minus 3.5 percent. Ann Selzer commented in the Des Moines Register over the weekend, “Iowans are giving Gov Branstad no honeymoon.”

Elected officials never like to see their approval ratings below 50 percent, but the Register poll numbers are better for Branstad than Public Policy Polling’s latest Iowa survey. Just 40 percent of Iowa voters polled by PPP in January had a favorable opinion of Branstad, while 44 percent had an unfavorable opinion. Those low numbers probably don’t reflect a big drop in support for Branstad since November, but they underscore how strongly the 2010 voter pool skewed Republican in Iowa.

The Register’s new poll indicates that most Iowans don’t expect Branstad to fulfill key campaign promises. Asked about various goals Branstad mentioned while running for governor, respondents who were “mostly skeptical” the governor could accomplish the goal outnumbered those who were “mostly confident” he would succeed on every question.

Cut state spending by 15 percent over 5 years: 47 percent mostly confident, 49 percent mostly skeptical

Cut regulations that hamper business growth: 44 percent mostly confident, 49 percent mostly skeptical

Cut corporate income tax rates: 39 percent mostly confident, 52 percent mostly skeptical

Cut commercial property tax rates: 36 percent mostly confident, 57 percent mostly skeptical

Add 200,000 jobs within five years: 21 percent mostly confident, 76 percent mostly skeptical

Raise family incomes 25 percent over five years: 13 percent mostly confident, 84 percent mostly skeptical

The Register’s Tom Beaumont noted in his write-up of the poll,

Some Iowa economists said during the campaign that Branstad’s goals were unrealistic. The number of jobs in Iowa has grown by 233,000 since 1981, according to the Iowa Department of Workforce Development.

Family incomes in Iowa grew by 21.7 percent from 1999 to 2009, according to the U.S. Census Bureau.

Although Iowa has experienced months of economic and job growth, respondents for the Register’s new poll still see signs of economic distress. About 47 percent of respondents said Iowa is on the wrong track, compared to just 40 percent who see the state headed in the right direction. Some 47 percent of respondents said they are “personally still feeling the effects of a recession” and 41 percent said they are not personally feeling a recession but are “seeing it affect others” around them. Those numbers were almost identical to findings from the Register’s Iowa poll from January 2009, when the economy was by various measures in worse shape.

What’s on your mind this weekend, Bleeding Heartland readers? Some news that caught my eye recently:

Tens of thousands of people in Wisconsin have protested against efforts by Republican Governor Scott Walker and the GOP-controlled legislature to impose big benefit cuts on public employees and curtail their collective bargaining rights. The 14 Democrats in the Wisconsin Senate left the state to deny Republicans a quorum for passing the anti-union bill. I’ve been following the day to day news on the Uppity Wisconsin blog.

Joel Northup, a wrestler for Linn-Mar high school, qualified for the state tournament but defaulted when his bracket paired him with Cassy Herkelman, a girl from Cedar Falls. Herkelman and Megan Black of Ottumwa made history this year by becoming the first girls to qualify for the Iowa high school state wrestling tournament.

Johnson County supervisors voted 5-0 on Thursday to ban firearms and dangerous weapons from buildings, lands and vehicles owned by the county. Some Republicans in the Iowa legislature are pushing a bill that would bar local governments from restricting guns in that manner.

State Senator Mark Chelgren’s stupid comments about Iowa’s voluntary preschool program for four-year-olds prompted Mr. desmoinesdem to look up information about pre-primary education in the Communist bloc. Contrary to Chelgren’s assertion that the Soviets started indoctrinating children early, when “they’re so malleable,” the USSR provided essentially day care rather than formal education for children under age 7.

The Internal Revenue Service declared this month that breast pumps are a tax-deductible expense, reversing a determination made last fall. A quality pump can cost hundreds of dollars. Pumping has its detractors but can be invaluable for working women who want to continue breastfeeding, or for women whose babies are unable to breastfeed.

Zach Wahls, whose testimony against the marriage amendment at an Iowa House public hearing went viral on YouTube, appeared on the Ellen show this week.

Governor Terry Branstad’s double-dipping (continuing to draw his $50,000 state pension while receiving a $130,000 salary as governor) made news in Iowa a few days ago. Branstad’s communications director, Tim Albrecht, said the governor “made a significant personal sacrifice” by resigning as president of Des Moines University. In that job he had received more than $350,000 per year.

One low-profile story that should be getting more attention is the wide-ranging spending cut bill under consideration in the House of Representatives. H.R. 1 would decimate funding for too many good programs to list in this post. For example, Iowa would lose $12 million in K-12 funding for various programs, $116 million in Pell grant funds, $1.4 million for vocational and adult education, $6.9 million for job training, $1 million for mental health and substance abuse treatment grants, $4.3 million for various low-income housing programs, $28 million in clean water-related funds, $28 million for Community Development Block Grants, and $1.3 million for justice assistance grants. Key transportation programs nationwide would also lose funding, including public transit and high-speed rail.

This is an open thread.

Governor Terry Branstad and the Republican mayor of Iowa’s second-largest city are at odds over a project labor agreement for construction of the $76.5-million Cedar Rapids Convention Complex. The Branstad administration has threatened to withdraw a $15 million I-JOBS grant for building the convention center, and the dispute could end up in court.

Join me after the jump to discuss on the biggest state-local power struggle Iowa’s seen in years.

Republican elected officials are sending a mixed message about Iowa’s finances. Before the 2011 legislative session began, Republicans were outraged about a so-called “unaffordable” union contract that would give state workers modest raises, at a cost of about $100 million a year for two years.  Barely a week into the session, a party-line Iowa House vote approved a broad “deappropriations” bill, in which about a third of the savings came from cutting Iowa’s preschool grant for four-year-olds. The universal voluntary preschool program was expected to cost $70 million to $75 million per year (according to Legislative Services Agency estimates), or up to $90 million by some other estimates.

Since then, House Republicans have passed House File 185, which allows zero growth in K-12 education budgets for the next two fiscal years. That was an unprecedented move. In nearly 40 years, the Iowa legislature has never approved less than 1 percent allowable growth for school district budgets: not during the farm crisis, not during the recessions and budget crunches of the early 1980s, early 1990s, 2001-02 or 2009-10. Now, we are told, our dire fiscal condition doesn’t leave any room to spend $65 million to allow school districts to increase their budgets by 2 percent.

Yet on February 16, the Iowa House approved House File 194 on a mostly party-line vote. The bill would cut Iowa’s individual income tax rates by 20 percent, which the Legislative Services Agency estimates would cost $330 million during fiscal year 2012 and more than $700 million in each of the next three fiscal years.  How Iowa can afford that loss of revenue and what services would be cut to keep the budget balanced, House Republicans don’t say.

Meanwhile, Governor Terry Branstad plans to lay off hundreds of state workers to cut labor costs and sent state legislators a draft budget with no allowable growth for K-12 schools for two years. This week Branstad offered a preschool plan that would support fewer children at a lower cost ($43 million per year). He and his Department of Education director, Jason Glass, have repeatedly said Iowa cannot afford to continue the preschool program as currently structured. Yet Branstad’s plan to cut corporate taxes in half would deprive the state of at least $100 million in revenues. He has proposed about $450 million in commercial property tax cuts, with the idea that state government would reimburse local governments for much of that lost revenue. If our budget constraints are so severe, how can we afford those policies?

More context on the state budget is after the jump, along with details on the Iowa Senate’s resistance to Republican tax and education funding proposals.

Former State Representative Rod Roberts had no experience in staff management or regulation when Governor Terry Branstad picked him to head the Iowa Department of Inspections and Appeals. In fact, Roberts admitted that he hadn’t applied for the position Branstad offered him in early November.

It didn’t take long for Roberts to figure out how to please his boss, who had complained last year about nursing home inspectors’ “gotcha attitude.” The Des Moines Register’s Clark Kauffman reports today,

The Iowa Department of Inspections and Appeals will now have 28, rather than 38, inspectors to monitor the care received by 30,000 residents in the state’s 442 nursing homes.

The reduction comes five months after state officials warned the federal government that a shortage of inspectors had already put Iowa at risk of failing to meet minimum federal standards for overseeing nursing homes.

The cuts will result in annual savings of $125,000 in state salaries. The 10 inspectors were paid a total of about $500,000, but 75 percent of that was paid by the federal government.

“That just shows you that this isn’t about saving money,” said John Tapscott, a former state legislator who now advocates for the elderly.

“This has to do with the fact that the nursing home industry wants less oversight,” he said. “How much clearer can it be that the governor is a pawn of the industry?”

I encourage you to click through and read Kauffman’s whole story. Roberts was a natural pick to pursue the more “collaborative” approach Branstad desires, because he and his wife have direct ties to regulated nursing homes. Roberts also spent a decade serving in the Iowa legislature, where the assisted living industry usually gets what it wants.

Branstad’s record on nursing home regulations was dismal during his previous four terms as governor, and even in recent years inspectors have found it hard to enforce rules for care facilities.  A 2009 Government Accountability Office report described disturbing pressure on Iowa nursing home inspectors (see the references to “State A” on pages 40 through 42 of the GAO report). Reducing the number of inspectors will increase the chance for negligence or maltreatment of residents to go unnoticed and/or unpunished. I would hesitate to move a loved one to an Iowa assisted living facility unless I were able to visit frequently and keep a close eye on conditions.

Given our state’s aging population, Iowa politicians should be demanding more oversight of care facilities. Nearly 15 percent of Iowa residents (roughly 445,000 people) are over the age of 65.  

Steve Deace has resigned from WHO-AM radio, and February 11 will be his last broadcast of “Deace in the Afternoon,” station manager Van Harden informed employees today.

Harden told employees of WHO-AM in Des Moines that Deace said he and his family had been talking about resigning for some time, and “finally felt lead to make a change.”

“While he does not have another position to which he is going, he has had the ear and interest of many politicians and political campaigns seeking his strategic advice, and he says there is a possibility he may be doing some consulting,” the e-mail said. “While this came as a surprise to us, we at WHO, and Steve, want all to know this is a very friendly parting, so much so that Steve says he may be  able to make himself available occasionally to do some fill-in work for us if needed.”

Des Moines Cityview weekly published a good feature on Deace last year, chronicling his competitive nature, the evolution of his Christian faith and his path from sports reporting to hosting a political talk show. Craig Robinson of The Iowa Republican blog credits Deace with helping Mike Huckabee “crush” Mitt Romney in counties that make up the WHO listening area. Similarly, Deace’s loud and frequent support for Bob Vander Plaats boosted the candidate’s showing against Terry Branstad in central Iowa during last year’s GOP gubernatorial primary. (I have to believe Branstad will be relieved to hear Deace is going off the air.)

Two weeks ago, Deace decided at the last minute to seek the position of Polk County Republican chair. According to Robinson, Deace posted on Facebook yesterday “that his next campaign might be for Republican National Committeeman or the State Senate.” The talk show host has been and remains a vocal critic of Iowa Senate Minority leader Paul McKinley (for instance: “Introducing the Paul McKinley Award for gutless, dishonest, and ineffective leadership!”). Iowa’s current elected Republican National Committeeman is Steve Scheffler, the head of the Iowa Christian Alliance whom Deace has called the “least trustworthy & most gutless person in Iowa politics.”

I wonder whom WHO will put in the drive-time slot and whether the new host will rival morning host Jan Mickelson in the outrageous comments department. One thing is certain: whoever gets the job will be wooed relentlessly by Republican presidential hopefuls. WHO has a large conservative listening audience.

UPDATE: A press release announcing Deace’s departure is after the jump. He says he hopes to publish a book this year, and he isn’t ruling out politics or a return to broadcasting someday. He and his wife plan to stay in Iowa: “We look forward to seeing how we will have the privilege to fear God, tell the truth and make money in the future.”

The news release says Deace lives in West Des Moines, so if he runs for the state Senate he presumably would face Pat Ward in a GOP primary, depending on what the new map looks like.

SECOND UPDATE: Deace on Twitter: “Just in case you were wondering, almost nothing in the Iowa Republican.com piece about my departure is true, except the spelling of my name.”

THIRD UPDATE: In this video, Deace talks about his reasons for leaving WHO and emphasizes that his split with the radio station was amicable. He also says that although it wasn’t an easy decision, he knows it was the right one, and he has “slept like a Calvinist at night” since he and his wife decided to pursue new challenges. After saying he felt he needed to take a chance and try something different at this point in his life, Deace added (around the 5:45 mark of the video), “I think a lot of guys, regardless of whether or not you agree with my belief system, you know, if you pee standing up like I do, I think you probably understand what I’m talking about.”

Civic Skinny’s latest column at the Des Moines weekly Cityview leads with a warning for Iowa Senate Minority Leader Paul McKinley. Citing “top people in both parties,” Skinny speculates that “powerful party forces – and that’s code for Ed Failor Jr.’s Iowans for Tax Relief” want to replace McKinley with “one of their own – and that probably means Bill Dix […]”

Follow me after the jump for Skinny’s case as well as some additional supporting evidence and background on Dix, Iowans for Tax Relief, and longstanding Republican discontent with McKinley.

U.S. District Court Judge Roger Vinson struck down last year’s health insurance reform law yesterday, backing the lawsuit filed by Florida’s attorney general and joined by 25 other states. Vinson’s 78-page opinion can be read in full here. David Kopel summarized the key points at the Volokh Conspiracy blog:

1. The 26 states lose on the argument that the mandate for drastically increased state spending under Medicaid is unconstitutional. State participation in Medicaid always has been voluntary, and remains so. […]

2. The plaintiffs win on the individual mandate. The individuals plaintiffs, and the National Federation of Independent Businesses have standing to challenge the mandate. So do Utah and Idaho, at the least, because of state statutes forbidding health insurance mandates. According to original meaning, “commerce” was trade. Citation to Randy Barnett. Even the modern precedents require “activity” as a predicate for commerce clause regulation.[…]

3. Necessary & proper does not save the mandate. […]

4. The mandate is not severable from the health control act. Defendants themselves have argued forcefully that the mandate is absolutely essential to the entire regulatory scheme. There is no severability clause. The mandate is tightly integrated into the entire act. […]

6. The entire act is declared void. […] Of course the 11th Circuit might grant a stay, and Judge Vinson might also do so, but as of right now, there is no stay.

The White House immediately made clear that the federal government will continue to implement the Affordable Care Act. I would be shocked if the U.S. Court of Appeals doesn’t grant a stay of Vinson’s ruling, especially since two other U.S. district court judges ruled last year that the individual mandate is constitutional. Vinson’s ruling went further than U.S. District Court Judge Henry Hudson’s decision in December, which struck down the federal requirement that individuals purchase health insurance but let the rest of the law stand. Click here for links to numerous reactions to Vinson’s ruling. Legal analyst Ilya Somin finds the judge’s reasoning persuasive, while Orin Kerr argues that Vinson erred by going against precedent (Supreme court case law). Dave Weigel explains how Congressional Democrats failed to include a standard severability clause in this legislation. Brian Beutler notes that U.S. Supreme Court Chief Justice John Roberts (one of the most conservative members of the high court) recently struck down a single provision of a law that lacked a severability clause.

Representative Steve King (IA-05), a champion of efforts to repeal health insurance reform, was jubilant about yesterday’s news: “Many of us opposed ObamaCare in part because of our oath to the Constitution. Any member who had reservations should now be empowered to vote with those of us who will cut off all funding to ObamaCare starting with the continuing resolution.” The full text of King’s press release is after the jump.

Iowa State Senator Jack Hatch blasted Vinson’s “blatant judicial overreach” and expressed confidence that courts will ultimately uphold the federal law. Hatch chairs the Working Group of State Legislators for Health Reform and joined more than 70 state lawmakers who filed a “friend of the court” brief in the Florida case supporting the constitutionality of the law. The full press release from Progressive States Network and the Working Group of State Legislators for Health Reform is after the jump.

Senators Tom Harkin and Chuck Grassley didn’t release any statement on Vinson’s ruling, which surprised me, since both quickly reacted to Hudson’s ruling against the individual mandate in December. Yesterday Harkin publicized the first in a series of Senate HELP Committee hearings about “the tangible, positive impact that [health insurance] reform is having on Americans’ lives.”

Governor Terry Branstad joined the plaintiffs in the Florida lawsuit two weeks ago (disregarding Iowa Attorney General Tom Miller’s opinion). I was surprised not to see any statement from the Branstad administration on Judge Vinson’s ruling yesterday. I will update this post with further Iowa reaction as it becomes available.

UPDATE: Through the governor’s Twitter account, Branstad’s communications director Tim Albrecht said released this statement:

“This health care law is clearly not sustainable nor is it affordable for the long-term. I believe it would be appropriate for both parties to start over and advance a plan that is more workable.”

When I asked how questions about whether the law is sustainable or affordable related to the constitutional matters at hand (judge rejecting argument against Medicaid expansion but accepting case against individual mandate), Albrecht added, “The governor continues to believe the individual mandate is unconstitutional.” To my knowledge, Branstad has not publicly acknowledged that a few years ago he supported a state mandate to purchase health insurance.

After interviewing 60 applicants for the three vacancies on the Iowa Supreme Court this week, the State Judicial Nominating Commission sent Governor Terry Branstad a list of nine candidates on January 27. After the jump I’ve posted the press release naming the nine finalists. Five are lower-court judges (four district court, one appeals court), three are attorneys in private practice, and one is on the University of Iowa law school faculty. Branstad has to select three appointees within the next thirty days. Click here for information about and writing samples by all 60 applicants.

My first thought on reading the short list was that going forward, Iowa’s high court will have no women justices for the first time in many years. Twelve women applied for the Supreme Court vacancies, including District Court Judge Annette Scieszinski of Ottumwa and two assistant attorneys general, Jeanie Vaudt and Elisabeth Reynoldson. Since former Chief Justice Marsha Ternus was not retained by Iowa voters and had been the only woman on the court, I expected the commission to include at least a couple of women on the nominees list sent to Branstad. However, only University of Iowa Professor Angela Onwuachi-Willig made the short list, and I see zero chance Branstad will select her. It’s not that she is the youngest of the nine candidates; at her age (37), Branstad was governor of Iowa. The salient fact is that Onwuachi-Willig submitted a friend of the court brief in the Varnum v Brien case, supporting the plaintiffs who were seeking to have the Defense of Marriage Act struck down. I can’t imagine any scenario in which Branstad chooses a public supporter of marriage equality for a judgeship.

Nathan Tucker of the recently-formed conservative 501(c)4 group Iowa Judicial Watch posted the party affiliations and campaign donation history of all nine finalists, as well as links to their application materials and interviews with the judicial nominating commission. Eight of the finalists refused to fill out Iowa Judicial Watch’s questionnaire. Appeals Court Judge Edward Mansfield filled out most of the lengthy document but declined to answer question 26, containing some three dozen more specific questions about his “judicial ideology.” Still, Tucker took a cheap shot at Mansfield, stating, “Though a registered Republican, Mansfield’s wife has donated good and services to Planned Parenthood.” Dangling modifiers aside, donations by Mansfield’s wife don’t necessarily reflect the judge’s views and certainly don’t affect his competence to serve on the Iowa Supreme Court. Looks to me like Tucker wanted to signal to The Iowa Republican blog’s readership that they should oppose Mansfield despite his Republican affiliation.

A more extensive update on news related to the Iowa Supreme Court is in progress. Meanwhile, share any relevant thoughts in this thread.

P.S. Before the commission began interviewing candidates, Iowa House Judiciary Committee Chairman Richard Anderson withdrew his application to serve on the Iowa Supreme Court.

UPDATE: Only two women have ever served on the Iowa Supreme Court: Linda Neuman from 1986 to 2003 and Marsha Ternus from 1993 to the end of 2010. If appointed by Branstad (she won’t be), Onwuachi-Willig, who is black, would be the first ethnic minority on the Iowa Supreme Court.

Governor Terry Branstad presents his draft budget to members of the Iowa House and Senate this morning. His staff have indicated he will outline about $700 million in budget cuts, including layoffs of hundreds of workers. Branstad and Republican legislators say Iowa needs to reduce spending by $700 million to make up for the projected budget gap for fiscal year 2012, which begins on July 1.

The facts tell a different story: Iowa has a projected gap of around $263 million for the coming fiscal year. That figure was the Legislative Services Agency’s best guess as of December 2010, but it probably overstates the gap. Congress extended the Bush tax cuts for all income levels, which means higher-income Iowans will not be forced to pay more federal taxes and therefore will not have more to deduct from their state tax returns. With the Bush tax cuts in place, Iowa can expect to collect about $140 million more in state tax receipts for the 2012 fiscal year. That would be enough to cover the estimated cost of the new AFSCME contract Branstad has declared unaffordable.

The $700 million figure Branstad uses assumes Iowa will use more than $300 million from the current-year budget surplus to pay for corporate and other tax cuts. He also wants to reduce commercial property taxes, which will cost the state more money to reimburse local governments. Those are Branstad’s preferences, not policies state government is obliged to implement. It’s not that Iowa can’t afford to continue the preschool program that costs about $70 million per year, or can’t afford any allowable growth in K-12 education budgets. Republicans simply want to do other things with the public’s money.

I am curious to hear what Branstad says about transportation funding today, since he came out this week against passenger rail subsidies but for a future gas tax hike to build more roads. I also wonder whether he will propose any specific reform to tax-increment financing in Iowa. TIF was originally intended to spur redevelopment in “slum and blighted” urban areas but has become increasingly costly for state government and has created inequities in commercial property taxes.

I’ll update this post with details from Branstad’s speech and political reaction after the jump. Meanwhile, share any thoughts about the state budget in this thread.

UPDATE: IowaPolitics.com posted the prepared text of Branstad’s speech. Big surprise: he’s not planning to eliminate appropriations for preschool, just to reduce them to $43 million per year. Further thoughts are below.

FRIDAY UPDATE: At the end of this post I’ve added Senator Rob Hogg’s assessment of Branstad’s draft budget. He notes that zero percent allowable growth for K-12 schools for two years is “unprecedented in the history of Iowa’s school financing formula which was created in 1973.”

Lack of funding for various flood mitigation and watershed management programs also concerns Hogg, a Democrat representing Cedar Rapids and a leading advocate of improved flood prevention efforts in Iowa.

Former Governor Chet Culver and former Republican gubernatorial candidate Chris Rants were vindicated today, as Governor Terry Branstad “encouraged transportation stakeholders to build support for a gas tax increase next year,” James Q. Lynch reported.

Last summer, Branstad said the timing wasn’t right for a gas tax increase, and today he told “representatives of highway associations and coalitions, local elected officials, engineers, economic developers and other stakeholders” that this year fiscal issues will take priority. Still, he made clear that he supports raising the gas tax to pay for more road construction in the future:

Having the resources to maintain and improve the transportation system is “absolutely critical to our goal of creating 200,000 jobs and raising incomes by 25 percent and making Iowa a growing and competitive state,” Branstad said.

That was welcome news to the transportation stakeholders who have lobbied in recent years for a gas tax increase to provide those resources. […]

“I want to team with you and help in this effort because I see it as part of what is critically important to our economic development success and achieving our ambitious job creation goals and income growth goals,” Branstad said.

According to Lynch, Branstad “repeatedly referred to motor fuel taxes as user fees that benefit motorists who pay it.” Earlier this month, a report by Iowa Public Interest Research Group demonstrated that “gas taxes cover barely half the costs of building and maintaining roads,” and “[t]he amount of money a particular driver pays in gasoline taxes bears little relationship to his or her use of roads funded by gas taxes.” The governor isn’t worried about taxpayers subsidizing roads for other people, to the tune of hundreds of millions of dollars a year, but he’s deeply troubled by a small subsidy for passenger rail.

I wouldn’t be surprised if Branstad backs a sales tax increase a year or two down the road. Last April, he told the Sioux City Journal editorial board that his “long-range plan” on taxes was “to have more of a thing on consumption.” Shifting to draw more state revenues from consumption taxes (like the sales and gas tax) and less from income and property taxes would make Iowa’s already regressive tax structure even worse.

UPDATE: Click here for more details on the draft budget the governor presented on January 27.

During his regular weekly press conference, Governor Terry Branstad announced today that state departments would have to take cuts because the state can’t afford the salary increases in the two-year contract Governor Chet Culver approved last year with AFSCME, the largest labor union representing state workers. Branstad added that he’s not worried about facing a lawsuit (like the one AFSCME successfully filed against him in 1991) because the Iowa legislature won’t fund the new AFSCME contract. AFSCME members overwhelmingly voted to approve the contract, which includes salary increases of just under 3 percent in fiscal years 2012 and 2013. Branstad wants the union to reopen negotiations.

Citing budget constraints, Branstad said today “he will not request any increase in ‘allowable growth’ in state aid for K-12 school districts base budgets in either of the next two fiscal years.” I believe the Democratic-controlled Iowa Senate will resist that plan.

UPDATE: Doesn’t sound like a way to provide “world-class education” for Iowa kids. Under Branstad’s “no allowable growth” proposal,

a school would not be legally allowed to expand their budgets unless the district sees a surge in enrollment.

Inflation for such things as employee salaries and fuel costs make a no-growth policy virtually impossible for hundreds of Iowa’s district to handle without massive cuts to programs, services and teachers, educational advocates said.

“The only way they can make it up is to cut programs or services and most of the schools have already been doing that,” said Brad Hudson, a lobbyist for the Iowa State Education Association. “Most of the schools have already looked at reductions to music, art and physical education. Now we’re to the point of looking at the elimination of programs and probably larger class sizes.”

Also during today’s press conference, Branstad said he does not favor state subsidies for passenger rail, although he isn’t against communities or railroads subsidizing that service, the Des Moines Register’s Kathie Obradovich reported. Those comments indicate that like Iowa House Republicans, Branstad wants to eliminate about $10 million in state funding needed to secure an $81 million in federal money to extend passenger rail service from the Quad Cities to Iowa City. The federal government awarded the funds last October.

UPDATE: William Petroski has more detail on Branstad’s passenger rail stance:

He noted that the $310 million state-federal project in cooperation with the state of Illinois would include money to upgrade the tracks of the Iowa Interstate Railroad, and he suggested the railroad could be asked to help contribute towards the costs.

“There are two questions: One is the state’s initial requirement and then there is an ongoing subsidy. I am most troubled by the ongoing subsidy. I don’t think we should be in the business of subsidizing passenger train service,” Branstad told reporters. […]

The governor, who will issue his state budget recommendations on Thursday, added that he still hasn’t made a final decision yet about the proposed Iowa City-to-Chicago train.

Branstad continued to advocate for biennial budgeting today. Legislators from both parties are wary of that proposal, because it would in effect increase the governor’s budget transfer powers. The national trend has been away from biennial budgeting, which tends to result in less accurate budget forecasting and greater need for supplemental appropriations than annual budgeting.

The Iowa House approved a major “deappropriations” bill, House File 45, on January 19 by a party-line vote of 60 to 40. Republican leaders fast-tracked what they call the Taxpayers First Act, which passed the House Appropriations Committee on the third day of the 2011 session. The bill would cut dozens of programs while increasing spending in a few areas. In addition, $327.4 million from this year’s surplus revenue would go into a new “Tax Relief Fund,” instead of being used to help close the projected budget gap for fiscal year 2012. This bill summary (pdf) lists the budget cuts and supplemental appropriations in House File 45. Click here for the full bill text.

Although the majority of speakers at a January 18 public hearing opposed the bill, and organizations lobbying against the bill outnumber those that have signed on in support, the House Republicans passed the bill with few significant changes. Democrats offered many amendments as floor debate went late into the evening on January 19, trying to save funds for the statewide voluntary preschool program, passenger rail, smoking cessation programs, and sustainable communities, among other things. Representatives rejected almost all those amendments on party-line votes. This page shows what amendments were filed, and the House Journal for January 19 contains the roll call votes.

House File 45 now moves to the Iowa Senate, which has a 26-24 Democratic majority. Democratic senators are likely to back increased expenditures for mental health services and indigent defense while opposing many of the spending cuts. After the jump I take a closer look at some of the most controversial provisions in House File 45.

The House of Representatives passed a bill today on “Repealing the Job-Killing Health Care Law Act” by a vote of 245 to 189. Iowa’s delegation split along the usual party lines: Democrats Bruce Braley (IA-01), Dave Loebsack (IA-02), and Leonard Boswell (IA-03), who voted for the Affordable Care and Patient Protection Act last year, voted against repeal. Republicans Tom Latham (IA-04) and Steve King (IA-05) voted against health insurance reform last year and for repealing it. King was delighted: “100% of my language to repeal 100% of ObamaCare just passed the House with 100% Republican support = 100% great day 4 the USA!” Press releases from Braley, Loebsack, Boswell, Latham and King are after the jump. Latham’s statement mentions the main points of the “replacement health care legislation” House Republicans are drafting.

Various groups and politicians have issued statements warning that many Americans will be hurt by repealing the health insurance reform. I’ve posted a few of those after the jump too, but I wouldn’t lose any sleep worrying about that just now. Repeal is a dead letter at least through 2012 and could advance in 2013 only if Republicans capture the U.S. Senate and defeat President Barack Obama.

I found it interesting that only three House Democrats voted for today’s repeal bill, even though 13 current members of the Democratic caucus voted against health insurance reform in the last Congress. Good whipping by Nancy Pelosi and Steny Hoyer, or recognition that popular support for repeal may be declining?

Here in Iowa, Governor Terry Branstad announced on January 18 that he joined the state of Florida’s lawsuit challenging the constitutionality of health insurance reform:

“I am signing on to this suit as the governor on behalf of the people of Iowa, because I believe Iowa taxpayers deserve to be heard on this critical matter,” Branstad said in a statement. “As we begin constructing our five-year budget, there is no doubt that the current federal health care law will shackle Iowa taxpayers for billions in unfunded mandates.”

The suit challenges the individual mandate of the health care reform law, as well as the expansion of Medicaid, the state-federal health insurance program for low-income people, said Branstad spokesman Tim Albrecht.

Branstad’s action is purely symbolic. The case will be litigated no matter how many states sign on as plaintiffs, and if the law is ruled unconstitutional, all states will be affected, not just those that joined the suit. Though I’m not an attorney, it seems that a whole lot of federal laws would have been struck down over the years if unfunded mandates really were unconstitutional.

Legal experts disagree over whether the Commerce clause gives Congress the power to require individuals to purchase health insurance reform.

Politically, Branstad’s opposition to health insurance mandates will boost his standing with the Republican base. They don’t really mind “activist judges,” and they won’t remember that Branstad advocated for a mandate to purchase health insurance as recently as 2007. (He explained why here.) The governor’s legal counsel, Brenna Findley, made the case against the individual mandate a central argument in her campaign against Attorney General Tom Miller last year. Miller supports the federal health insurance reform and has said the law is “heavily on the side of constitutionality.”

On his first day back in office, Governor Terry Branstad rescinded Governor Tom Vilsack’s 2005 executive order on felon voting rights as well as Governor Chet Culver’s 2010 order on project labor agreements. By prohibiting project labor agreements on public works projects involving state funds (executive order 69), Branstad will drive down wages and help contractors that don’t hire unionized workers.

Branstad defended his voting rights directive (executive order 70) as a way to protect crime victims while recouping more fines and court costs. However, the main impact will be to shrink the Iowa electorate. Follow me after the jump for more background and analysis.  

Governor Terry Branstad defeated Chet Culver by more than 100,000 votes in November, but Public Policy Polling found no signs of a honeymoon in their survey of 1,077 Iowa voters between January 7 and 9:

Despite defeating Chet Culver and returning to office by a 53-43 margin in November, Terry Branstad is no more popular than his predecessor. Iowans disapprove of Culver’s four-year record, 41-46, but they are also down on Branstad, 40-44. The two post almost identical numbers with independents, and are equally polarizing across party lines.

PPP’s Tom Jensen comments,

Only 64% of Republicans like [Branstad], a lower number than you would expect and perhaps an indicator of some residual animosity toward him from his closer than expected primary contest. He unsurprisingly has little support from Democrats, only 18% of whom have a favorable opinion of him, and independents split 45/35 against him as well. […]

So if voters don’t like Branstad that much, you might ask, how did he still win by such a healthy margin? Well they certainly don’t think much of outgoing Democrat Chet Culver either. Only 41% of voters approve of the work he did as Governor to 46% who disapprove. Voters who didn’t like either Branstad or Culver likely went overwhelmingly for the challenger on the premise that he would at least take things in a different and possibly better direction.

I would add that PPP was polling all Iowa voters this month, but the group of voters who turned out in November skewed Republican. The statewide statistical report (pdf file) shows that the total number of Iowans who cast ballots in the midterm (1,121,175) was just under 53 percent of all registered Iowa voters. However, GOP turnout was nearly 69 percent (of 646,396 registered Republicans, 445,829 voted), while Democratic turnout was only 56.5 percent (of 698,227 registered Democrats, 394,252 voted). Republicans may not all like Branstad, but they at least viewed him as the lesser evil.

The PPP poll suggests that Branstad does not return to the governor’s post with a popular mandate for his ideas. That should stiffen the spines of Iowa Senate Democrats during this year’s legislative session.

My family attended a Des Moines Buccaneers hockey game this weekend for the first time this season. It was an exciting game: Bucs won 3-2 in overtime after blowing 2-1 lead with 58 seconds left in the third period. The only thing I disliked about the evening was the diehard fans who felt the need to boo and taunt the other team repeatedly. We’re trying to set good examples for our kids, and some guy a few rows down is all, “You suck!” “You still suck!” “Why do you suck?” the whole game. Grow up and just cheer for your own team, man.

Near the beginning of his inaugural address on Friday, Governor Terry Branstad got in a little dig at Chet Culver: “Even though Governor Culver is not with us today, I want to thank him on behalf of Iowans for his service.” It would have been a nice touch, had he mentioned even one thing Culver did that made Iowa a better place. Since he didn’t thank his predecessor for any specific accomplishment, it looked to me like Branstad was just calling attention to Culver’s absence. I don’t know whether Culver declined to attend the inauguration before or after Branstad decided not to attend Culver’s final address to the state legislature, nor do I care. However, I would be curious to read the hand-written note Culver left in Branstad’s desk.

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

UPDATE: I didn’t watch the Miss America pageant Saturday night, but apparently when contestants were asked to provide a “pithy” sentence about their state, Miss Iowa said this: “Leading the state in ethanol production, my state gives you gas.” And that wasn’t even the worst of them.

Terry Branstad begins his fifth term as governor this morning. Iowa Public Television is live-streaming the inauguration and will broadcast the event statewide tonight at 8:30 pm.

My liveblog begins after the jump. I’ve got another post in progress on Branstad’s latest appointments and policy statements. Share any thoughts about the changeover in this thread. I have to hand it to the Republicans who recruited Branstad back into political life. I believe no one else could have beaten Bob Vander Plaats in the GOP primary, and Governor Chet Culver probably could have beaten Vander Plaats even in a year as bad as 2010.

Culver shared a few thoughts with Radio Iowa yesterday:

“Leaving the governor’s office is awkward,” Culver said during an interview with Radio Iowa, laughing before he added: “It’s hard for any governor including, I guess, the Branstads.  It’s the best job in the world.” […]

Culver cleared out his desk in the statehouse late Wednesday, finding the letter Governor Tom Vilsack wrote to him in 2007. “(The letter was) very kind and thoughtful,” Culver said. “…It’s something I’ll always cherish and now, appropriately, put in a scrapbook rather than burying it in my desk.”

It is tradition for the exiting governor to leave a note behind for his successor and Culver plans to leave a hand-written letter in the desk Branstad will now use.

Culver has said he hopes to land a job in the renewable fuels industry and he vows he’s been putting an ethanol blend in the tank of the used pickup he bought last week.

Culver isn’t attending the inaugural, just as Branstad didn’t attend Culver’s final condition of the state speech to the Iowa legislature on Tuesday. This week the two camps traded accusations about who rejected whose invitation first.

UPDATE: Here’s Governor Branstad’s new official website.

The preschool program will be at the center of Democratic opposition to a “deappropriations” bill the Iowa House Appropriations Committee approved this week. Republicans say House Study Bill 1, which has been renamed House File 45, would save $500 million over three years. Nearly a third of that total would come from eliminating the statewide voluntary preschool program for four-year-olds (estimated to cost $69.9 million in fiscal year 2012 and $75.1 million in fiscal year 2013). Click here for a summary listing the budget cuts and supplemental appropriations in House File 45.

On January 13, House Democrats launched a website to help mobilize Iowans who value the long-term benefits of preschool. Ending the program could affect 20,000 children across the state. This chart (pdf file) shows the preschool enrollment for four-year-olds and cost to the state for each school district. For instance, in the Des Moines area there are 1,335 children enrolled in the preschool program through the Des Moines Community Schools, 235 in the West Des Moines school district, 208 in Johnston, 207 in Southeast Polk, 163 in Norwalk, 147 in Urbandale, and 122 in Ankeny. In the Cedar Rapids area, 473 children are enrolled in preschool through the Cedar Rapids school district and 175 in Linn-Mar.

A public hearing on House File 45 will take place Tuesday, January 18 from 6:30 p.m. to 8:30 p.m. in the House chambers at the capitol. Only 40 people will be allowed to speak, but any Iowan can send written comments on the bill to lioinfo AT legis.state.ia.us, with “testimony” in the e-mail subject line. House Democrats are also asking members of the public to post comments at the Save Preschool site.

Statehouse Republicans and incoming Governor Terry Branstad want to replace the preschool program with a voucher system geared to low-income families. However, many middle-income families in Iowa are also unable to afford preschool, which can easily cost $700 to $800 per month. If state assistance for middle-class families disappears, many preschools could close for lack of students.

It’s unfortunate that preschool became a partisan issue in Iowa. A Pew Center on the States report published last month found, “Despite persistent budget shortfalls, the majority of state legislatures have once again made the prudent decision to protect pre-k programs.” In addition, more than a dozen states “with control of the executive and legislative branches split between the two major parties” nevertheless “protected their pre-k investments from budget cuts.”

The Iowa Board of Medicine has dismissed a complaint regarding Planned Parenthood of the Heartland‘s use of telemedecine to provide abortions:

The system, the first of its kind in the nation, allows a physician in Des Moines to deliver the pills to patients in remote clinics around the state. After speaking to a patient for a few minutes via videoconferencing, the doctor pushes a computer button that opens a drawer in front of the patient. The patient reaches in the drawer to retrieve the pills, then takes the first dose while the doctor watches. She then takes the rest of the pills at home, where she has an induced miscarriage.

The national anti-abortion group Operation Rescue complained to Iowa regulators that the system broke state law, which says abortions may only be performed by a physician. The group said the remote-control method did not meet the requirement. Planned Parenthood of the Heartland leaders said that the method was legal, and that Operation Rescue was looking for any excuse to limit women’s access to abortion services.

The Des Moines Register posted the letter from Iowa Board of Medicine Executive Director Mark Bowden to Operation Rescue. Excerpt:

After a thorough investigation and careful review of the investigative materials obtained in this matter, the Board voted to close the file Without taking disciplinary action against Dr. Haskell. Although this may not be the outcome you were seeking, you can be assured that your complaint was investigated and the Board reached its decision after full review of the investigative record. […]

The Board’s primary responsibility is to protect the public by ensuring that physicians provide appropriate medical care to patients. The Board takes seriously all complaints it receives.

Republican lawmakers have vowed to push legislation restricting abortion access during the Iowa legislature’s 2011 session, which started this week. One bill likely to pass the Iowa House will be modeled on a Nebraska statute that bans abortions after the 20th week of gestation. Some representatives also want to ban abortions via telemedecine, and Governor-elect Terry Branstad has said he wants that practice to be discontinued. That could force many Iowa women to travel great distances to a clinic providing surgical abortion or a drug that induces abortion.  

Iowa Supreme Court Chief Justice Mark Cady addresses the Iowa legislature this morning in what will surely be the most-watched ever state of the judiciary speech. Iowa Public Television is carrying the live feed at 10 am, and I’ll liveblog after the jump. Cady is the senior justice remaining on the high court, having been appointed by Governor Terry Branstad in 1998. He is also the author of the 2009 Varnum v Brien ruling, which struck down Iowa’s Defense of Marriage Act. That decision sparked a successful campaign against retaining Chief Justice Marsha Ternus and Justices Michael Streit and David Baker in November. The four remaining justices chose Cady to serve as chief justice until replacements for Ternus, Streit and Baker have been appointed.

So far 61 people have applied for a position on the Iowa Supreme Court. The current list is here, but more applications may come in by the deadline (January 14). So far applicants include 10 women and 51 men from many different towns and cities of the state. Most are in their 40s or 50s. The few applicants in their 30s include both U.S. attorneys appointed by George W. Bush for Iowa (Matt Whitaker and Matt Dummermuth). One Republican state legislator, Iowa House Judiciary Committee Chair Rich Anderson, has applied as well. The Des Moines Register noted that one applicant, University of Iowa law professor Angela Onwuachi-Willig, submitted a brief in support of same-sex marriage when the Supreme Court was considering the Varnum v Brien case. Another applicant, Michael Keller, has praised that ruling, which allowed him to marry his partner.

State Court Administrator David Boyd told the Des Moines Register that “he was ‘very pleased, and maybe a little surprised’ with the quality and number of applicants, given the intense public scrutiny on the court since the election.” The state judicial nominating commission “welcomes written comments from the public about the qualifications of any of the applicants.” After interviewing the candidates, the judicial nominating commission will send a short list of nine names to Branstad, who will fill the three vacancies.

P.S. This week a report by the National Institute on Money in State Politics summarized the independent expenditures in last year’s retention campaign. Supporters of retaining Ternus, Streit and Baker were vastly outspent by groups seeking to oust the justices.

UPDATE: Liveblog starting now after the jump. Iowa Public TV will rebroadcast the speech at 9:30 pm on Wednesday.

THURSDAY UPDATE: House Judiciary Committee Chair Anderson seems to be closing the door on impeachment.

Rep. Rich Anderson, R-Clarinda, said he personally believes that the justices’ actions in issuing a ruling that in effect legalized same-sex marriage do not meet the standard for impeachment spelled out in the Iowa Constitution: “misdemeanor or malfeasance in office.” The court ruled that an Iowa law limiting marriage to a man and a woman was unconstitutional.

He said his gut reaction is that the yet-to-be-filed bill won’t make it out of his committee, one of the first steps in the legislative process.

“I don’t believe there’s any likelihood of impeachment,” Anderson said.

I’ve posted more reactions to Cady’s speech from state legislators below.  

During Governor Chet Culver’s final address to the Iowa legislature this morning, he mentioned that his administration

provided the legislature and the new administration with a detailed summary addressing the historic egg recall last summer. This includes five proposed changes in Iowa law that will help improve food safety and employee training standards in the wake of the salmonella outbreak last summer.

I’ve posted the full text of the Culver administration’s egg safety proposals after the jump. This passage summarizes the five areas that would require legislative action:

Although the new federal egg regulatory regime is aimed at the state’s largest producers, a new, mandatory Iowa [Salmonella enteriditis] detection and prevention program should be enacted under amendments to existing law and the creation of a new Iowa Code Section 196.15 to complement the federal government’s efforts to prevent SE contaminated shell eggs from entering into the nation’s food chain from all of Iowa’s egg producers.

There are at least five issues that are not covered by the recent federal egg regulatory reforms, that Iowa law does not currently address and that, therefore, unless corrected legislatively, may leave consumers of Iowa-produced eggs vulnerable to future SE poisoning.  First, federal egg safety laws pertain only to egg farms that host at least 3,000 hens and do not cover smaller operations.  Second, under federal law, producers have no legal obligation to report positive SE testing results to any federal or state agency.   Third, there are no accreditation or certification standards for laboratories that conduct SE testing.  Fourth, there are no legal criteria that establish the minimal level of training and competency for persons who are charged with the responsibility for implementing a new mandatory SE detection and prevention program.  And, fifth, there is no clearly-identified funding stream to support an effective expansion of state egg programs.

It would take heavy lifting to get these sensible ideas passed and signed into law. Even when Democrats controlled both chambers of the Iowa legislature, few new regulations on agriculture saw the light of day. The Iowa House now has a 60-40 Republican majority, which makes passing new food safety rules even more of an uphill battle. Governor-elect Terry Branstad has repeatedly criticized what he views as excessive regulations on farms, and the Iowa Farm Bureau Federation endorsed Branstad and almost a full slate of Republican legislative candidates last year.