The appropriations bill President Joe Biden signed into law on March 9 includes $74.36 million in federal funding for designated projects in Iowa, Bleeding Heartland’s analysis of a 605-page earmarks list reveals. Another $8 million earmark for Dubuque Flood Mitigation Gates and Pumps was part of the Homeland Security bill Biden signed on March 23, completing work on funding the federal government through the end of the current fiscal year on September 30.

All four Republicans who represent Iowa in the U.S. House—Mariannette Miller-Meeks (IA-01), Ashley Hinson (IA-02), Zach Nunn (IA-03), and Randy Feenstra (IA-04)—were among the 339 members who approved the “minibus” spending package on March 6. Miller-Meeks, Hinson, and Nunn voted for the second minibus on March 22; Feenstra voted against that package with no public explanation.

Hinson is the only Iowan now serving on the House Appropriations Committee. Her projects will receive a combined $27.54 million; she had requested $37.06 million. Projects submitted by Miller-Meeks will receive about $28.38 million in earmarked funding; she had requested $40.15 million. Earmarks for projects Nunn submitted will total $26.22 million; he had asked for $41.25 million.

The 36 counties in IA-04 will receive none of the earmarked funding, because for the third straight year, Feenstra declined to submit any earmark requests.

Scott Syroka is a former Johnston city council member.

The U.S. Surface Transportation Board announced on February 29 it accepted Canadian National’s request to classify its proposed acquisition of Iowa Northern Railway as a “Minor” transaction. The federal regulator also established a procedural schedule going forward for interested parties to weigh in as the proposed acquisition undergoes review.

Canadian National had been facing opposition to its classification request from entities like Canadian Pacific Kansas City and the National Grain and Feed Association. Both had called for the Surface Transportation Board to classify the deal as a “Significant” transaction when being reviewed for consideration.

While on its face the classification decision may appear as a setback for those who oppose the deal due to increased consolidation of the rail industry and its potential for further abuses of monopoly power, the 9-page decision by the Surface Transportation Board makes clear that no final determination has been made.

Quaker Oats plant in Cedar Rapids, photographed by David Harmantas (Shutterstock).

Scott Syroka is a former Johnston city council member.

Attorneys for Canadian Pacific Kansas City submitted a 59-page filing to the U.S. Surface Transportation Board on February 26 regarding the proposed acquisition of Iowa Northern Railway by Canadian National.

The Canadian Pacific Kansas City filing highlights the proposed deal’s “national importance” and cites “competitive concerns of significant magnitude” in calling for the Surface Transportation Board to classify Canadian National’s takeover attempt of Iowa Northern as a “Significant” transaction rather than the “Minor” transaction status that Canadian National has sought.

The distinction matters because “Minor” transactions aren’t subject to the same regulatory requirements as “Significant” transactions—meaning the public would have less access to information and less time to review the deal.

Mike Jones is the mayor of Windsor Heights.

If you’ve been overseas, you have to love the buses and trains. It’s effortless to get around in Paris, Berlin, Munich or London. They have vast transportation networks that can cheaply and quickly transport you miles in only a few short minutes. With a few exceptions, such networks don’t exist in U.S. cities.

Ford’s assembly line method of mass production finally made the automobile affordable for the everyman. After World War II, cheap mortgages, the construction of the Interstate Highway System, and veterans receiving benefits from the G.I. Bill gave birth to the sprawling suburbs that we see today. The convenience and the independence granted by the automobile became part of our culture and for better or worse, shapes how we fund infrastructure and public services in our country.

Unfortunately, the automobile revolution has also resulted in the minimizing and under-funding of mass transit.

Large wheels for agricultural equipment on a freight train; photo by Maksim Safaniuk, available via Shutterstock.

Scott Syroka is a former Johnston city council member.

North American rail giant Canadian National announced on December 6 it would attempt to acquire the Waterloo-based short line railroad Iowa Northern Railway. Before that can happen though, the deal must undergo review by the U.S. Surface Transportation Board. The board should block this acquisition, and it’s not even a close call.

Short line railroads are the small and medium businesses of rail. Short lines like Iowa Northern Railway operate nearly half of all freight rail track in Iowa, according to the railroad interest group GoRail. These short lines run shorter distances and connect rural areas with larger, national rail networks.

Kurt Meyer writes a weekly column for the Nora Springs – Rockford Register and the Substack newsletter Showing Up, where this essay first appeared. He serves as chair of the executive committee (the equivalent of board chair) of Americans for Democratic Action, America’s most experienced liberal organization.

The financial services company “Bankrate” recently named Iowa the best state to retire in. I admit to being a bit surprised. The company scored 50 states on five metrics: affordability (40 percent), health care cost and quality (20 percent), a vague category entitled “community wellbeing” (25 percent), weather (10 percent), and crime rate (5 percent). Iowa dislodged Florida from last year’s highest ranking; Florida fell to #8.

Rounding out the top five are Delaware, West Virginia, Missouri, and Mississippi. Without intending to sound harsh, these states don’t strike me as being exactly heaven on earth. But then, I guess we all can make our own assessment of what constitutes the good life. Mine is below.

The omnibus budget bill Congress just approved will fund dozens of infrastructure projects or services in Iowa during the current fiscal year, which ends on September 30, 2023.

But none of those earmarks (totaling tens of millions of dollars) will benefit communities or facilities in the fourth Congressional district. That’s because for the second year in a row, U.S. Representative Randy Feenstra declined to ask for specific projects to be included in the federal budget.

Every member of Congress from Iowa voted this week to force a five-year contract on the freight rail industry, as President Joe Biden had requested to avert a possible strike on December 9. It was the first time since the 1990s that Congress exercised its power to intervene in national rail disputes.

Four unions representing tens of thousands of rail workers had rejected the tentative agreement, which U.S. Labor Secretary Marty Walsh helped negotiate in September. The main sticking point was the lack of paid sick leave. Instead,

The deal gave workers a 24% raise over five years, an additional personal day and caps on health care costs. It also includes some modifications to the railroads’ strict attendance policies, allowing workers to attend to medical needs without facing penalties for missing work.

Austin Wu grew up in Cedar Rapids and is a graduate of the University of Iowa College of Public Health. In his spare time he has studied local history and urban design. Follow him on Twitter @theaustinwu.

A slide from a presentation Canadian urban planner Jennifer Keesmaat gave at the Academy of Urban Design for Living has stuck with me ever since I saw it on Twitter. It dates to the twilight of the Before Times (May 23, 2019) and reads:

HARD TRUTHS

Technology won’t save us (sorry AV’s).

Innovations are not required.

Solutions we seek for the future

can be found in principles of the past.

Can you guess which Iowa senator is up for re-election in 2022, and which one won’t face Iowa voters for another five years?

In a rare gesture of bipartisanship on August 10, the U.S. Senate approved by 69 votes to 30 a bill that would spend $1.2 trillion on infrastructure projects. Iowa’s senior Senator Chuck Grassley was among nineteen Republicans who supported final passage of the Infrastructure Investment and Jobs Act, despite being unhappy with the amendment process. Senator Joni Ernst stuck with the majority of the GOP caucus in opposition; the no votes included potential 2024 presidential candidates Marco Rubio and Ted Cruz.

In a written statement enclosed in full below, Grassley said, “Iowa’s aging infrastructure risks slowing economic growth and eroding daily comfort and convenience. This bipartisan bill fixes potholes, rebuilds bridges, upgrades water systems and brings broadband to rural corners of our state. Investing in Iowa’s infrastructure will pay dividends for decades to come.” His news release highlighted reports showing Iowa has more structurally deficient bridges than any other state and many large roads in poor or fair condition.

The state of Iowa is advertising for a new Department of Transportation director, about a week after Governor Kim Reynolds requested the resignation of current Director Mark Lowe.

Former State Senator Jack Hatch appears to be seriously considering a campaign for mayor of Des Moines.

In recent days, numerous Democrats living in the capital city have received a lengthy telephone poll testing positive messages about Hatch and mostly negative messages about Mayor Frank Cownie, a four-term incumbent who has held the position since 2004.

Hatch did not immediately respond to a phone call and e-mail seeking comment on his plans and whether he commissioned the poll. I’ve paraphrased the questions below, based on detailed notes from a source who took the survey on September 9, and will update this post as needed when Hatch makes his intentions clear.

John Clayton picks apart the methods a national magazine used to rank Iowa the “best state to live,” which became a leading Republican campaign talking point. -promoted by Laura Belin

Governor Kim Reynolds megaphoned the U.S. News and World Report ranking of Iowa as number 1 among the 50 states, helping her sputter to victory last November.

Do you think the magazine’s conclusions are based upon valid and reasonable data interpretations? Or are there gaps in the logic or assumptions being made?

U.S. House leaders announced committee assignments for the new Congress this week, and Iowa’s three Democrats could hardly have done better.

Governor Kim Reynolds will withdraw one of her latest nominees for a state regulatory body after “a mistake was made” that would have upset the partisan balance Iowa law requires.

Iowa Attorney General Tom Miller signed on to three dozen multi-state actions challenging Trump administration policies last year, covering a wide range of immigration, environmental, civil rights, consumer protection and labor issues. Miller also joined fellow attorneys general in nine amicus curiae briefs related to state-level or local policies on reproductive rights, LGBTQ equality, gun control, voting rights, and gerrymandering.

Although federal lawsuits aren’t the main focus of Miller’s work, Iowans can be proud our attorney general repeatedly stood for fundamental rights and core progressive values.

Thanks to Stefanie Running for a play-by-play of the October 10 candidate forum for Des Moines City Council Ward 3, featuring Michael Kiernan, Josh Mandelbaum, and Abshir Omar. First-person accounts of campaign events are always welcome at Bleeding Heartland. -promoted by desmoinesdem

6:30 PM
It’s really a lovely night. Mid 60s, you can smell fall emerging from the hundred-year-old neighborhood trees and the glowing sunset inching forward sooner each day. Max Knauer and Kate Allen have been working with neighborhood associations and advocacy groups since August putting this forum together. I volunteer as a social chair for Gray’s Lake Neighborhood Association (GLNA), so I’ve seen the work that they’ve put into the program. They’ve scheduled the forum right in the heart of my own neighborhood, so it’s barely a half mile for me to travel.

As I arrive, other neighborhood reps are setting up, Knauer fields questions from co-sponsors and attendees alike. The candidates arrive. I’ve spoken to all three digitally via email or facebook. Tonight I introduce myself. I’m Stefanie Running. I’ll be the rep for this very neighborhood. I’ll also be writing about tonight’s forum for Bleeding Heartland. All three are gracious and welcoming.

Unpacking my camera gear, I realize it’s non-functional. I forgot something. I can’t go back home because the event is about to start and I didn’t drive. So I sit and I prepare to take notes. I apologize, dear reader, for my lack of photos. That’s my favorite part. Sadly, what I lack in photos, I’m going to make up for in article length. I apologize in advance.

To make this article a little more readable, from this point on I’ll show the panelist’s comments in bold, the candidate responses will be in standard font, and my own comments in italics.

News coverage of economic development in Iowa tends to focus on large, heavily subsidized new construction, such as the Prestage Farms pork processing plant in Wright County or Orascom’s fertilizer plant in Lee County. Some of those marquee projects convert high-quality farmland into concrete boxes that could be built almost anywhere, like Apple’s planned data center in Waukee, or the similar Facebook facility in Altoona.

Since 2001, the non-profit 1000 Friends of Iowa has been recognizing projects that exemplify sustainable land use. Through November 13, the organization will accept nominations for this year’s Best Development Awards in any of the following categories:

Stormwater Management
Transportation/Complete Streets
Renewable Energy
Placemaking/Greenspace
Mixed Use
Innovative Leadership
Renovated Civic
New Civic
Renovated Commercial
New Residential
New Commercial
Renovated Residential

I’ve been an active supporter of 1000 Friends of Iowa for many years but am not involved in selecting the Best Development Award winners. An external panel of judges reviews all applications.

Every year, I’m inspired to see how a few committed people have transformed old and sometimes historically significant buildings. Reusing an existing space is not only environmentally-friendly, but also has a large multiplier effect for the local economy, especially in a downtown business district.

A wide range of projects may qualify for a Best Development Award. To get a sense of the diversity, scroll down to read about last year’s winners. You can view all the honorees since 2005 here. Please consider nominating a worthy contender from your area.

An Iowan who cares about historic preservation is raising awareness about an obscure and harmful bill, which would also drive down wages on some road projects. -promoted by desmoinesdem

I came across a post on Facebook today, initiated by an email from the Iowa Archeological Society. We need to pay attention to this! Here’s the post in its entirety:

Dear IAS Membership,

The IAS has recently learned about a proposed Iowa bill that, in our interpretation, will negatively impact historic preservation in Iowa in relation to transportation projects. And we need your help!

Today U.S. Senator Joni Ernst became the third Iowa Republican heavyweight to endorse Representative Steve King, who faces a primary challenge from State Senator Rick Bertrand in Iowa’s fourth Congressional district. Ernst didn’t just allow King’s campaign to announce her support in a statement, she also filmed a short video which I’ve enclosed below, along with a transcript.

Birds can be heard singing in the background as Ernst praises King for supporting life, liberty, the military, four-laning U.S. Highway 20, and the fuel blender tax credit. The sound you can’t hear is the door slamming on Bertrand’s already slim chance to win this primary.

Ernst served with Bertrand in the Iowa Senate GOP caucus from 2011 through 2014, so has observed his political work more closely than most Republicans. She could have stayed neutral, though seven-term incumbent King was heavily favored to win the IA-04 primary even before Iowa Secretary of Agriculture Bill Northey and U.S. Senator Chuck Grassley publicly backed him.

As with Grassley’s endorsement, I wonder whether Ernst wanted to dish out some payback to Nick Ryan, the dark money operative who was recruiting a primary challenger in IA-04 and endorsed Bertrand immediately after the state senator made his campaign official.

Ryan worked for Mark Jacobs during his race against Ernst and others in the 2014 GOP primary for U.S. Senate. (Bruce Rastetter, a frequent ally of Ryan and major ethanol industry figure who is also supporting Bertrand against King, backed Ernst early in that race.)

Bertrand has been promoting himself as someone who will deliver for IA-04 in Congress, rather than trying to be a “national figure.” Last week, he asserted in an interview with the Des Moines Register’s William Petroski that there is widespread “discontentment” with King, who “has gone Washington.” Echoing that talking point, Ryan told Petroski, “I believe we can do better. I want a conservative congressman that cares more about getting things done for his district than booking an appearance on Fox or MSNBC.”

Ryan can raise a lot of money to spend on campaigns, but his track record in Iowa GOP contests is mixed. Unsuccessful candidates who benefited from spending controlled by Ryan include: Jim Gibbons in the 2010 primary for Iowa’s third Congressional district, Annette Sweeney in the 2012 primary for Iowa House district 50, Jacobs in the 2014 Senate primary, Matt Schultz in the 2014 primary for IA-03, and Mike Huckabee before the latest Iowa caucuses.

P.S.-Asked this morning whether he wants “to see King defeated” in June, Governor Terry Branstad replied, “It’s up to the voters to decide in each of these instances and I’ve always had confidence in the voters of Iowa to make a good decision and I will obviously support the Republican nominees,” O.Kay Henderson reported for Radio Iowa. Branstad made headlines by calling for Ted Cruz’s defeat less than two weeks before the Iowa caucuses. King was Cruz’s leading surrogate in Iowa after endorsing the Texas senator for president in November.

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

In what the Des Moines Register’s editors described as a “new low in the out-of-control race to keep or attract employers,” a state board unanimously approved $4.75 million in financial assistance to Kraft Heinz, which plans to replace a large factory in Davenport with a new facility on the northwest side of town. Although at least 900 people are expected to lose their jobs in the downsizing, the city of Davenport will put up $10 million in tax-increment financing to support the project. The Iowa Department of Transportation and the city are expected to commit $5.8 million for road work around the new factory site too. Never one to shy away from handing state funds to large corporations, Iowa Economic Development Authority Director Debi Durham has let all downsizing companies know that the state of Iowa’s wallet is open: “‘Will I take this deal any day? You bet,’ Durham said Thursday morning. ‘This is a future play.’” Durham also told reporters she “expects the state to do more of these kinds of deals in the future, as more massive companies merge.”

Iowa State University economist Dave Swenson characterized the Kraft Heinz incentive package as “bizarre,” adding, “The idea of providing public assistance for a company that has billions of dollars of annual sales cannot make sense to anybody.” The Register’s editors noted, “the company could get $20.75 million in state and local assistance,” which “works out to nearly $43,700 for every job Kraft Heinz agrees to keep”–and roughly 200 of the jobs the company promised to save will pay less than $37,000 a year.”

Speaking of lousy deals, Iowa’s plan to privatize Medicaid looks worse and worse. A post in progress will discuss this policy in more detail; for now I enclose below excerpts from several stories by Jason Clayworth for the Des Moines Register. In recent weeks, Clayworth has exposed damning facts, including:

• Some claims made in bidding documents from the four private insurers chosen to manage Medicaid in Iowa “contain unverifiable data, misleading statements or half-truths.”

• No data support the government’s estimate that privatizing Medicaid would save $51 million from the state budget during the first six months of the program.

• The insurers selected to manage Medicaid “have each been held accountable in other states for serious service and administrative errors, including some that wrongly delayed or denied medical services to poor residents […].”

• Iowa’s Medicaid director Mikki Stier “had improper communications with an insurance company consultant and former lawmaker during a critical review period that ended with the for-profit company being selected” as a managed care provider for Medicaid.

A November 6 letter from the Centers for Medicare and Medicaid Services to Stier enumerated “significant concerns” about the transition to managed care; excerpts from that letter are at the end of this post. Federal officials and Iowa Senate Democrats have scheduled “listening sessions” around the state to focus on Medicaid privatization. Click through for meeting details, as well as a list of state and federal officials to contact with concerns. Only the feds can stop this train by denying the necessary waivers. Branstad administration officials have been unmoved by any of the Register’s revelations or by the risks to vulnerable Iowans, which many speakers raised during Legislative Oversight Committee hearings on November 3.

The Iowa Department of Transportation is standing behind its ruling that limited the use of traffic cameras in several large Iowa cities. The DOT adopted new rules in late 2013 to limit local governments’ ability to install traffic cameras on or near highways. Those rules required cities to demonstrate that cameras were needed to address “critical safety issues,” which could not be resolved by other means. Studies have produced conflicting data on whether cameras reduce red light or speeding infractions or vehicle accidents.

In March of this year, DOT officials ordered officials in six cities to shut off ten out of 34 traffic cameras cities had defended on safety grounds. The city of Davenport opted to comply with the DOT ruling, but five other cities asked department officials to reconsider the decision. (Although a reversal was unlikely, exhausting administrative appeals typically precedes legal action challenging a state agency’s decision.)

This week, DOT Director Paul Trombino notified city officials in Des Moines, Cedar Rapids, Council Bluffs, and Muscatine that the department was rejecting their appeals, because data did not demonstrate that the disputed cameras had improved safety or reduced crashes. Click through to read copies of the letters. The fifth city to appeal, Sioux City, filed a lawsuit last year challenging the DOT rules. A Woodbury County District Court is scheduled to hear that case soon. Des Moines officials plan to challenge the DOT in court as well. Cedar Rapids officials have not yet decided whether to file a lawsuit. After the jump I’ve enclosed excerpts from Kathy Bolten’s report for the Des Moines Register and Rick Smith’s for the Cedar Rapids Gazette.

Local governments are generally responsible for enforcing traffic laws. I’ll be interested to see whether Iowa courts back up the DOT’s efforts to restrict those powers on or near major highways. According to Trombino, the Iowa Code allows the DOT to enforce limits on cameras for traffic enforcement. Whatever the courts decide, the state’s multi-pronged assault on local control remains an under-reported story of Governor Terry Branstad’s fifth and sixth terms.

The U.S. House approved $8 billion in funding for Amtrak passenger rail on Wednesday. Keith Lang and Cristina Marcos reported for The Hill,

Since its inception in 1971, Amtrak has historically received about $1 billion per year from the government for operations and construction projects.

The measure would authorize about $982 million per year for the company’s national network and another $470 million annually for its popular Northeast U.S. routes.

The bill, which would expire in 2019, sets another $300 million per year for construction on Amtrak routes in the rest of country and about $24 million per year for the company’s inspector general.

All 184 Democrats present voted yes, including Iowa’s Dave Loebsack (IA-02). But as the 316 to 101 roll call shows, more than 100 House conservatives voted against the Amtrak bill, including Iowa’s Rod Blum (IA-01), David Young (IA-03), and Steve King (IA-04).

Young should know better. Currently, the only Amtrak routes across Iowa travel through the southern part of the state, calling at stations in the third and second Congressional districts. (King used to represent some of those southwest Iowa counties, but he hasn’t since the last redistricting.) Anyway, Young has lived on the east coast long enough to understand how important passenger rail is for the U.S. transportation system.  

As expected, the U.S. Senate failed yesterday to override President Barack Obama’s veto of a bill that would clear the way for building the Keystone XL pipeline. Supporters of the bill managed 62 votes, five short of the two-thirds majority needed to override a veto. Iowa’s Senators Chuck Grassley and Joni Ernst both voted yes, along with all of their Republican colleagues and eight Democrats (roll call). Republicans will now try to attach the Keystone language to some bill the president won’t want to veto. Laura Barron-Lopez reported for The Hill,

“If we don’t win the battle today, we will win the war, because we will attach it to another piece of legislation,” Sen. John Hoeven (R-N.D.), who wrote the bill, said Wednesday.

Hoeven said Republicans are likely to try to attach the legislation to a long-term transportation funding bill. Congress faces a May 31 deadline to approve new transportation funding.

“This is coming back in the form an infrastructure bill, a road bill that we are all voting for,” said Manchin.

Keystone supporters are optimistic that Obama won’t veto a six-year highway bill if it includes Keystone, despite vows by the president to veto any attempt to circumvent the federal review process of the pipeline.

If attaching Keystone to a transpiration bill doesn’t work, supporters say, they will try to link it to a broader energy package.

That sounds like a good strategy. I suspect Keystone XL is a price Obama would be willing to pay for a long-term transportation funding bill. Any relevant comments are welcome in this thread.

This morning Governor Terry Branstad signed Senate File 257, which raises the state gasoline tax by 10 cents a gallon and includes several other provisions related to transportation funding, permit fees, and fuel taxes. The Iowa House and Senate just approved the bill yesterday, with substantial bipartisan support and opposition in both chambers.

Gas tax revenues go into Iowa’s Road Use Tax Fund, which distributes money among state, county and local governments according to a set formula. Because Iowa lawmakers did not incorporate any  “fix it first” language in Senate File 257, I remain concerned that the bulk of the new money will be spent on new road construction or building new lanes on existing roads, rather than on fixing the crumbling infrastructure that was cited to justify this tax increase. Branstad already signaled as much this morning:

Branstad said having the tax hike go into effect March 1 means the state will collect more fuel taxes than expected in the last four months of the state fiscal year – and the starting date for some road and bridge projects may be moved up.

“Highway 20 is one of those that has been around for a long time and we want to see that completed and moved up,” Branstad said, “and this is a way that hopefully that and other key projects can get priority and be expedited.”

The project to expand all 300 miles of the Highway 20 route from Dubuque and Sioux City into a divided four-lane highway began 50 years ago. Branstad told reporters this morning that he’s recently talked with the Iowa DOT’s director about speeding up the Highway 20 project.

Current Road Use Tax Fund revenues fall an estimated $215 million short of what Iowa needs annually to maintain existing infrastructure. According to the fiscal note produced by the non-partisan Legislative Services Agency, Senate File 257 will bring in a little more than $200 million in additional funds each year for the next several years. Money spent on new roads or new lanes on roads like Highway 20 won’t help us catch up with ongoing maintenance needs. How many structurally deficient bridges won’t be fixed because four-laning Highway 20 was expedited? The same dynamic could play out in many counties and local governments too, because new roads or road expansions are often seen as better economic development than fixing a road or bridge that’s in bad shape.

A bill that would raise Iowa’s gasoline tax by 10 cents a gallon is on its way to Governor Terry Branstad’s desk after approval today by both chambers in the Iowa legislature. The Iowa Senate passed Senate File 257 this morning by 28 votes to 21. Sixteen Democrats and twelve Republicans voted for the bill, while ten Democrats and eleven Republicans opposed it. Senate Majority Leader Mike Gronstal had reportedly insisted on at least half the GOP caucus supporting a gas tax increase as a condition for bringing the bill to the floor.

A few hours later, the Iowa House took up the Senate bill (rather than the bill that cleared two House committees last week). Thirty Republicans and 23 Democrats voted yes, while 26 Republicans and 20 Democrats voted no.

Only two state legislators missed today’s votes: Republican State Senator Mark Chelgren and Republican State Representative Chip Baltimore. Baltimore voted against the House version of this bill in committee last week, while Chelgren doesn’t serve on the committees that approved the bill in the Senate. Chelgren appears to have been absent for all of today’s votes, while Baltimore was at the Capitol but left the chamber when the gas tax bill came up. Speaking to reporters later, he tried to make a virtue out of his absence: “I refuse to legitimize either the bill or the process with a vote.” Weak sauce from a guy who is widely expected to seek higher office someday.

Conservative groups are urging Branstad to veto Senate File 257, but that seems unlikely, given the governor’s recent comments on road funding. Branstad’s spokesman said today that the governor will carefully review the final bill before deciding whether to sign it.  

After the jump I’ve enclosed the roll call votes in both chambers, as well as Senate Transportation Committee Chair Tod Bowman’s opening remarks this morning, which summarize key points in Senate File 257.

Final note: several of the “no” votes came from lawmakers who may face competitive re-election campaigns in 2016. Those include Democrats Chris Brase (Senate district 46), Steve Sodders (Senate district 36), and Mary Jo Wilhelm (Senate district 26), and Republicans Dennis Guth (Senate district 4) and Amy Sinclair (Senate district 14).

The Iowa Supreme Court has unanimously upheld a District Court ruling that held a man responsible for a speeding ticket issued under Sioux City’s Automated Traffic Enforcement Ordinance. You can read Justice Brent Appel’s whole decision here (pdf). Michael Jacobsma employed several legal arguments in his suit challenging the speeding ticket:

The defendant sought dismissal of the citation on constitutional grounds, claiming enforcement of the ordinance violated the Due Process Clauses of the Iowa and Federal Constitutions, the inalienable rights clause of the Iowa Constitution, and the Iowa municipal home rule amendment that prohibits cities from enacting ordinances that conflict with state law.

Pages 2 through 7 cover background on Sioux City’s ordinance, Jacobsma’s ticket, and his legal challenge. Pages 7 through 23 explore the extensive federal and state case law on due process challenges against similar ordinances. Key points: the ordinance allows vehicle owners to present evidence indicating that they were not driving at the time of the alleged traffic violation, but Jacobsma never did so. Furthermore, since this case involves only civil penalties (a fine) rather than criminal penalties, there is less of a burden on the government to prove Jacobsma was operating the vehicle when it was traveling at 67 miles per hour in a 55 mph zone.

Pages 24 through 32 address Jacobsma’s claim that the presumption in the Sioux City traffic camera ordinance violates his “inalienable rights” under the U.S. and Iowa Constitutions. After going through lots of court rulings on inalienable rights clauses, Appel notes that many “cases hold that liberty or property rights enumerated in the inalienable rights clauses of state constitutions are subject to reasonable regulations in the public interest.” The Iowa Supreme Court justices agreed, “there is no doubt that the regulation to control speeding on state highways gives rise to a public interest generally.”

Pages 33 through 35 address Jacobsma’s claim that the Sioux City ordinance is invalid because it conflicts with state law. Here the controlling case law is Davenport v Seymour, a 2008 Iowa Supreme Court decision also authored by Appel. That ruling upheld the city of Davenport’s use of traffic cameras. Today’s ruling concludes that Sioux City’s rules on tickets issued by traffic cameras are “consistent with substantive state law related to speeding” and not “irreconcilable” with the various Iowa Code provisions cited by Jacobsma.

Speaking to Radio Iowa’s Dar Danielson, Jacobsma said he is disappointed with today’s ruling but respects the Iowa Supreme Court’s opinion.

The high court may eventually consider a different case related to Sioux City’s traffic cameras. Last year, city officials filed a lawsuit claiming the Iowa Department of Transportation exceeded its authority when it issued rules restricting local governments’ use of automated traffic enforcement systems. That case is scheduled to be heard in Woodbury County District Court this May.

Iowa House and Senate members have taken several steps toward raising the state gasoline tax for the first time since 1989. Follow me after the jump for details on where the legislation stands and the latest signals from the governor.

One big political question was answered today, as House Speaker Kraig Paulsen not only endorsed the gas tax bill but personally intervened to make sure it would clear the House Ways and Means Committee. His support may bring some reluctant House Republicans on board. Conservative advocacy groups such as Americans for Prosperity and Iowans for Tax Relief are pushing hard against any gas tax increase. Governor Terry Branstad or Iowa Senate Minority Leader Bill Dix appear ready to back this bill but may need to spend more political capital to get it passed.

Two important policy questions remain unanswered. First, what will be done to lessen the blow on low-income Iowans, who would be disproportionately affected by any increase in a regressive tax? Iowa’s tax system is already stacked against people with lower incomes.

Second, will the gas tax hike turn out to be a giant bait and switch? From business groups to road builders to heavyweights in the agricultural sector, advocates of a tax increase cite the poor condition of many Iowa roads and bridges. However, to my knowledge the pending legislation would not guarantee that any new Road Use Tax Fund revenues from gasoline taxes or vehicle fees be spent on repairing torn-up roads or structurally deficient bridges. Unless “fix it first” language or a change to the funding formula is added to the bill, the lion’s share of additional revenues from a gas tax hike could go toward building new roads or new lanes on existing roads, such as U.S. Highway 20 in northwest Iowa or any number of local “economic development” projects. If crumbling roads and bridges are used to justify a gas tax hike, lawmakers should stipulate that most of the new money raised would go toward existing infrastructure rather than new roads and lanes, which only increase future maintenance costs.  

Last night the U.S. House approved a $1.1 trillion “cromnibus,” a massive continuing resolution to fund most of the federal government through September 2015. The 219 to 206 roll call showed an unusual bipartisan split, with 162 Republicans and 57 Democrats supporting the bill, while 67 Republicans and 139 Democrats voted against it. Many of the most outspoken House progressives and conservatives were against the cromnibus, for different reasons. Only one of Iowa’s four U.S. House members voted yes: retiring Republican Tom Latham (IA-03). I have not seen any official statement explaining his reasons.

Republican Steve King (IA-04) opposed the bill primarily because in his view, it did not do enough to block funding for President Barack Obama’s executive action on immigration. I’ve posted some of King’s recent statements on the issue after the jump. King’s office has not responded to my request for comment on assertions by House Appropriations Committee staff that it would be “impossible” to defend the immigration order. King offered an amendment (full text here) which would have funded “all of the government until January 30 of next year but [would] prohibit any and all funds from being used to carry out the president’s lawless, unconstitutional executive amnesty in all its forms.” But an analysis by Scott Wong for The Hill suggests that the Obama administration would be able to carry out the executive order even if Congress shut down the federal government.

Iowa Democrats Bruce Braley (IA-01) and Dave Loebsack (IA-02) both voted against the funding bill. I have not seen any official statement explaining those votes but will update this post as needed.

Two days after being re-elected to a sixth four-year term, Governor Terry Branstad finally came out for raising the gasoline tax as part of a plan to increase transportation funding. He told journalists on November 6, “The timing is good because gas prices have dropped significantly. That makes it a little more palatable to the public.”

For years, a bipartisan group of legislators have been working on a bill to increase Iowa’s gas tax for the first time since 1989. The governor has left them hanging again and again and again. The issue is politically charged, since gas taxes disproportionately hit lower-income drivers and residents of rural Iowa. Joni Ernst switched from supporting an increase to opposing it as soon as she started preparing to run for the U.S. Senate. Legislative leaders have long made clear that a bill raising the tax would move forward only if at least half the members of Democratic and Republican caucuses in the Iowa House and Senate were ready to vote for it.

Iowa House Republican Brian Moore believes “this is the year” a gas tax increase will happen, because the issue will be on the “front burner” when lawmakers reconvene in January. Moore was vice chair of the House Transportation Committee. He and committee Chair Josh Byrnes have worked closely on this issue with Iowa Senate Democrat Tod Bowman, who leads the transportation committee in the upper chamber.

Arguably, 2015 will be a good opportunity for bipartisan cooperation, since it’s not an election year. However, I am inclined to think the gas tax increase will fail to gain broad support in either chamber. Many Iowa House Republicans are hostile to any tax increase, and what’s in it for House Democrats to stick their necks out on the issue? Meanwhile, several Iowa Senate Democrats will face tough re-election bids in 2016, and Senate minority leader Bill Dix has long been close with leaders of anti-tax interest groups. Gasoline prices have dropped to relatively low levels now, but they could bounce back up by the time lawmakers would be considering a gas tax bill in February or March.

If Branstad had campaigned on this issue, he could have claimed a popular mandate for raising the gas tax. But he didn’t, even when pressed on the issue during debates with challenger Jack Hatch.

Any relevant comments are welcome in this thread. Although the road use tax fund clearly needs more money, I would hesitate to raise the gasoline tax without strong “fix-it first” language in the bill. The lion’s share of additional revenue should go toward fixing roads and bridges that are in bad shape, not toward building new roads (or new lanes on existing roads) that we won’t be able to maintain adequately.

Iowa City ranks tenth on Livability.com’s second annual list of “100 Best Places to Live” among small to mid-sized cities in the U.S. Looking at 2,000 cities with populations between 20,000 and 350,000, researchers calculated each city’s “LivScore” using 40 data points falling under eight broad categories, explained in more detail here: amenities, demographics, economy, education, health care, housing, social and civic capital, and transportation. The website said of Iowa City,

Annual cultural events and a strong literary history with writers like John Irving and Flannery O’Connor have helped shape Iowa City, home to the University of Iowa. The college community offers a hardy arts and entertainment environment along with good health care for residents, highlighted by Mercy Hospital and the University of Iowa Hospitals & Clinics.

Iowa City has previously been recognized as Iowa’s most walkable city.

Farther down the list of “Best Places to Live,” Iowa cities mentioned were Ames at number 30, West Des Moines at number 57, Cedar Rapids at number 65, and Des Moines at number 82.

Livability.com explained the methodology underlying the list here. The website tweaked the criteria they used last year to compile the first “Best Places to Live” list:

Specifically, we wanted to add some more variables about health care; look at the role of proximity to institutions like hospitals, colleges and universities; and create a better balance between our survey questions and the topics we were measuring. We created some new variables including a measure of racial and ethnic diversity and a rather unique look at the diversity of housing stock.

Those changes allowed Iowa City to move up from number 47 last year to this year’s top ten. Iowa’s highest-ranking city on Livability.com’s inaugural list was Cedar Rapids at number 30, followed by Ames at number 32. Des Moines was ranked number 70 and West Des Moines number 77 last year.

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

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

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

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

More details on the lawsuit are after the jump.

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

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

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

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

A study released this week shows that across the U.S., trips on public transportation reached a level in 2013 not seen since 1956. During the past two decades, public transit ridership has increased far beyond population growth, fueled not only by aging baby boomers but also by a generation of young people less likely to drive than their predecessors. After the jump I’ve posted a summary of the American Public Transit Association’s findings. You can download the full report on 2013 public transit ridership here (pdf).

Earlier this year, the Des Moines Area Regional Transit (DART) released data showing “DART’s ridership increased more than 7 percent in the first six months of fiscal year 2014, compared to the same period of fiscal year 2013. Ridership totaled 347,213 in December – a 15 percent increase over December 2012.” Click through for details on the fastest-growing bus routes. In recent years, DART built a new central station in downtown Des Moines and redesigned or expanded many of its routes. During the past six months, DART has made it easier for people to plan bus trips. Smart phone users will be pleased to learn, “DART bus stops now display on Google Maps. This addition allows users to see locations of bus stops as well as get route information including what bus routes serve the stop and when the next bus is scheduled to arrive. A similar feature is also available on Bing Maps and the MyDART Trip Planner.” Speaking to Radio Iowa, DART’s general manager Elizabeth Presutti said young people, “young professionals particularly” increasingly want public transit for their work commutes, while “a growing senior population” in the Des Moines area is also “looking for alternative transportation options.”

Many Iowans think of public transit as something for large urban areas, but bus service is a viable alternative to driving in smaller communities too. The American Public Transit Association’s study showed rising bus ridership in cities with a population under 100,000. Express buses that take people from small towns to work, shopping or other services in larger towns nearby need to more available across Iowa, especially considering our aging population.

President Barack Obama’s proposed budget for fiscal year 2015 includes more funding for public transit, rail, and other alternatives to driving. Those investments will be a tough sell in the Republican-controlled U.S. House, but data show that Americans increasingly want to use public transit when that option is available.  

Yesterday Governor Terry Branstad appointed former U.S. Representative Leonard Boswell to the Iowa Transportation Commission. Boswell will replace former Iowa Senator Tom Rielly, whom the governor named to the commission in 2013. According to the press release I’ve posted after the jump, Rielly “resigned from the commission due to a business-related conflict of interest.”

Boswell served in the Iowa Senate during much of Branstad’s previous tenure as governor. During this year’s Condition of the State address, Branstad recognized Boswell for his work co-chairing the governor’s “Home Base Iowa” initiative to attract more veterans to Iowa.

While serving in Congress, Boswell rightly called attention to the poor condition of many roads and bridges across the state and in the Des Moines metro area. From my perspective, he was too eager to support some new road construction projects that were potentially harmful and not justified by traffic flows. But without question, he is knowledgeable about Iowa’s infrastructure needs and qualified to serve on the transportation commission.

I’ll be curious to see whether Iowa Senate Republicans put up a fight against Boswell. To be confirmed, he will need support not only from the 26 Senate Democrats but also from at least eight of the upper chamber’s 24 Republicans. Last year, Republicans resisted confirming their former Democratic colleague Tom Rielly to the transportation commission, prompting Branstad to withdraw the nomination during the legislative session and appoint Rielly on an interim basis after lawmakers had adjourned for the year.  

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

Des Moines continues to make national news as a place with a generally high quality of life. This week NBC’s Today show named Iowa’s capital as “the city where regular folk can live a rich life,” because the “cost of living is almost 10 percent below the average for the country.” Last summer, Forbes magazine named Des Moines the country’s best city for “business and careers,” noting it was “the only place that ranks among the top quartile in at least nine of the 12 metrics we graded the cities on.” Previous research indicates that Des Moines has “one of the shortest commute times in the nation with an average commute of about 19 minutes.”

But given that Iowa wages skew lower than salaries in many other metro areas, how affordable is Des Moines, really? The U.S. Department of Housing and Urban Development and the U.S. Department of Transportation recently launched a Location Affordability Portal that takes into account “the percentage of a family’s income dedicated to the combined cost of housing and transportation in a given location.” (I’ve posted more explanation after the jump.) The algorithm takes into account that many Americans are now spending more on transportation than on rent or mortgage payments, so you can’t just look at housing costs when deciding whether a particular neighborhood is “affordable.”

On this page you can search by a specific address, a zip code, city, county or state to pull up information on average household income and how much a household in that area could expect to spend on housing and transportation.

Windsor Heights (zip code 50324) has a “location affordability” rating of 42 percent. The average household could expect to spend 25 percent of annual income on housing and 17 percent on transportation. Affordability numbers on the west side of Des Moines (50311) are similar. The near north side of Des Moines (50314) is more affordable, and the combined average cost of housing and transportation is lower still on the south side (50315) and around downtown (50309).

Residents in the Iowa City zip code of 52242 can expect to spend less on transportation (16 percent of annual income) but a lot more for housing (39 percent), for a total location affordability of 55 percent. The Cedar Falls zip code of 50613 has a nearly identical combined affordability rating as downtown Iowa City (54 percent), but residents can expect to spend less on housing (29 percent) and more on transportation (25 percent)–unless they take advantage of the bicycle-friendly atmosphere in Cedar Falls.  

Immediately following Governor Terry Branstad’s Condition of the State address to Iowa legislators yesterday, Senate Majority Leader Mike Gronstal told Iowa Public Television that he “didn’t hear anything I disagreed with.” Not every Iowan who closely follows state government shared his reaction. State Senator Jack Hatch, the leading Democratic challenger to Branstad, slammed the governor’s “very shallow agenda” of “low expectations.”

After the jump I’ve posted more detailed comments from Hatch and a few other Iowa Democrats, as well as statements released by several non-profit organizations, which called attention to important problems Branstad ignored or glossed over.  

The Iowa Transportation Commission unanimously approved new rules yesterday regarding local use of cameras to enforce traffic laws on speeding and running red lights. You can read the rules proposed by the Iowa Department of Transportation here (pdf). A brief summary is after the jump.

Assuming the Iowa legislature’s Administrative Rules Review Committee allows the regulations to take effect, city or county governments will have to do more to gain approval from the Iowa DOT for installing or maintaining traffic cameras on roads. Iowa DOT Director Paul Trombino assured commissioners that the department will not ban traffic cameras, but officials will need to see evidence that cameras are being used for safety reasons and not primarily as a way to collect revenue. Dar Danielson and Mike Wiser both covered the transportation commission hearing.

The Iowa DOT pursued new rulemaking on this issue after bills that would have banned local governments from using traffic cameras for law enforcement stalled during the 2012 and 2013 legislative sessions.

Reasonable minds can differ on whether cameras are justified to enforce speeding laws. Regardless of your personal feelings, it’s striking as another example of Governor Terry Branstad’s administration and Republican lawmakers moving away from “local control” and embracing more state constraints on city and county government actions. Some local law enforcement agencies are not happy about the new rules on cameras.

Hopes to bring passenger rail service from Chicago to Iowa City and eventually to Des Moines and Council Bluffs appear to be dead. For the last three years, State Senator Matt McCoy tried to secure state matching funds for a federal passenger rail grant, citing many possible economic benefits to Iowa. Both Governor Terry Branstad and Iowa House Republicans have opposed allocating funds toward new passenger rail. Speaking to the Sunday Des Moines Register’s William Petroski, McCoy blamed Iowa House Republicans, not the governor, for killing the project. House Speaker Kraig Paulsen told the Register that his caucus did not see the project as a “wise investment.”

I’ve posted excerpts from yesterday’s story after the jump. Neither McCoy nor Paulsen mentioned that the Iowa House speaker works for a trucking company. The trucking industry generally opposes improvements to rail infrastructure. Paulsen’s closed mind on passenger rail is one reason I was disappointed when he decided against running for Congress.

UPDATE: Added new comments from Branstad after the jump.