Bleeding Heartland - Bruce Hunter

Another Iowa legislative victory for Big Ag

desmoinesdem — Wed, 08 May 2013 14:49:00 GMT

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

But this year, the Iowa Pork Producers Association succeeded in convincing state lawmakers to relax requirements for CAFO operators to be able to store their own manure properly. All they had to do was dress up their effort as an attempt to help families with aspiring young farmers.
Last month Bleeding Heartland covered House File 512, the so-called "mothball" bill for farm structures. Proponents say it would help farm families who need to downsize temporarily, until a child has grown up, finished college, and decided to come home to farm.

The big "tell" during the House debate was that proponents rejected State Representative Chuck Isenhart's amendment, which stated:

During the period of election [to be a small animal feeding operation], a manure storage structure that is part of the confinement feeding operation is not used to store manure originating from a location outside the confinement feeding operation.

If the intent of the bill were to keep vacant buildings available for family use someday, the Iowa House should have approved that amendment. But they rejected it, because CAFO operators want to have the option to dump excess manure in the vacant buildings of neighbors. Transporting and offloading manure to another farm increases the risks of spills and water pollution.

Several environmental organizations and the Iowa Farmers Union had lobbyists registered against House File 512. Only the Iowa Pork Producers Association had lobbyists registered in favor.

Iowa Citizens for Community Improvement Action was mobilizing opposition to this bill. In early April, that group claimed victory when the legislation was placed on the Iowa Senate's "unfinished business" calendar.

But unfinished business doesn't always stay unfinished at the statehouse. Last week, Senate leaders revived their version of the same bill, called Senate File 418. As described in the Senate Journal for May 1 (pdf), Senate Agriculture Committee Chair Joe Seng received unanimous consent to replace Senate File 418 with House File 512. The Senate then approved by voice vote Seng's amendment to the legislation, and passed the bill by 43 votes to 6 (Jack Hatch was absent). The six no votes came from the following Democrats:

Joe Bolkcom
Dick Dearden
Pam Jochum
Matt McCoy
Janet Petersen
Herman Quirmbach

I am surprised Rob Hogg was a yes here.

Excerpt from a May 1 press release by Iowa Citizens for Community Improvement Action:

Iowa Citizens for Community Improvement member Lori Nelson of Bayard, Iowa released the following statement Wednesday morning before the Iowa Senate debates an environmentally hazardous bill that would de-regulate basic and common-sense manure management regulations:
"Senate File 418 - the so-called "mothball" bill - is a shameful attempt by one of Iowa's largest corporate ag lobby groups and Democrats like Majority Leader Mike Gronstal and Ag Chair Joe Seng to de-regulate basic environmental protections that were designed to keep factory farm manure out of our water."
"Today we will hear false statements on the Senate floor, by Democrats and Republicans alike, that this bill is somehow meant to protect the environment because dumping overflowing toxic manure into an abandoned factory farm during bad weather is safer than spreading it on frozen or snow-covered ground. But this is a false comparison and is simply not true. There is a third option that was contemplated by legislators and regulators over five years ago that put the responsibility on the industry to solve this problem, and that is the correct approach we must continue to demand now."
"After the 2009 law banning liquid manure application on frozen and snow-covered ground, the Environmental Protection Commission and the Administrative Rules and Review Committee carved out a five year window for the factory farm industry to come into compliance with the new law, either by building extra storage capacity, reducing their herd sizes, or taking other steps to properly manage their manure over the winter months."
"The industry has had five years to fulfill their obligations, but they have refused, because they don't want to spend the money to do what's right. Now the Iowa Senate, under the leadership of Democrat Mike Gronstal, is set to give one of Iowa's most polluting industries a free pass for bad management rather than stand up for everyday people and the environment."
"We have 628 polluted waterways in this state. The amendment that will be proposed on the floor of the Senate today by Senator Seng is lipstick on a factory farm pig. There is no such thing as an emergency that would require dumping overflowing manure into an abandoned factory farm. That's not an emergency, that's bad management. Winter comes every year, and extreme weather is the new normal. The industry has had years to figure this out."
"Senators of both parties who claim that this measure is the lesser of two evils compared to spreading manure on snow are giving the factory farm industry a free pass for bad management. This is a horrible bill, it's bad policy, and legislative support for it demonstrates to every Iowan all that is wrong with state politics."

Yesterday the Iowa House took up the amended House File 512. According to the House Journal (pdf), floor manager Lee Hein moved that the representatives concur in the Senate amendment. Immediately afterwards, the House approved the bill by 85 votes to 14. Only these Democrats voted no:

Ako Abdul-Samad
Bruce Hunter
Marti Anderson
John Forbes
Lisa Heddens
Chuck Isenhart
Anesa Kajtazovic
Vicki Lensing
Mary Mascher
Kevin McCarthy
Jo Oldson
Cindy Winckler
Beth Wessel-Kroeschell
Art Staed

All House Republicans voted yes, joined by all of the other Democrats present. Dan Muhlbauer was absent but would surely have been a supporter; he supported House File 512 last month.

UPDATE: Cody McKinley, a lobbyist for the Iowa Pork Producers, told the Des Moines Register that

an amendment added to the bill by the Senate addresses CCI's concerns by allowing animal or manure storage in a mothballed facility only "on an emergency basis" and requiring farmers to inform the Department of Natural Resources of such circumstances.
"At any time, the DNR still has jurisdiction over that facility to go in and inspect and make sure they're fulfilling the full extent of the law," McKinley said.

That's not nearly as useful as Isenhart's amendment, which would have barred the use of mothballed facilities to store manure from other farms. So what if a CAFO informs the DNR that they are transporting manure to a vacant building? The DNR doesn't have enough CAFO inspectors even now, as the U.S. Environmental Protection Agency thoroughly documented. DNR staff won't closely scrutinize these "emergency" storage situations and won't be able to prevent spills during transport and offloading.

Weekend open thread: Dangerous consensus edition

desmoinesdem — Sun, 14 Apr 2013 19:15:00 GMT

Most political junkies love a good brawl. While Congress-watchers were paying attention to fights this week over the president's proposed budget, confirming federal judges, or tightening up gun ownership regulations, a non-controversial but significant bill zoomed through the U.S. House and Senate.
Niels Lesniewski reported for Roll Call on April 11,

With most of the Senate's attention focused on guns and immigration, the Senate quietly acted to dramatically scale back the reach of the law's most contentious provision. Absent Congressional action or a court order, the law known as the STOCK Act requiring online publication of financial information for a slew of federal employees would take effect next week.
The Senate bill passed Thursday by unanimous consent goes beyond a simple delay. If passed by the House and signed by President Barack Obama, the measure would exclude legislative and executive staffers from having their financial disclosure forms posted on the Internet. The new reporting requirements would still apply to the president, vice president, members of Congress, congressional candidates and individuals subject to Senate confirmation.

Congress approved the Stop Trading on Congressional Knowledge (STOCK) Act in 2012 to prevent insider trading by members of Congress, other federal officials, and their staffs. Iowa's five U.S. House representatives and two senators all supported the bill.

The drive to repeal disclosure requirements for staff came after a report on the STOCK Act came out in late March:

"Virtually all the cybersecurity, national security, and law enforcement experts interviewed during this study noted that making this information available in this fashion fundamentally transforms the ability (and the likelihood) of others - individuals, organizations, nation-states - to exploit that information for criminal, intelligence, and other purposes," the report said.

Within a few weeks, a bill was drawn up and passed with no hearings, floor debate or roll call votes in the Senate or House. Emily Pierce reported for Roll Call on April 12,

House and Senate leaders were spurred to action by a scathing report detailing the national security dangers that could come from a provision added in the Senate. But instead of touting those reasons, both chambers attempted to keep the process quiet in an apparent attempt to avoid the political vulnerability that could come from instituting less transparency in government.
Both chambers passed the bill by unanimous consent after leaders in both parties and the White House refused to answer CQ Roll Call's questions about the process all week.

Pierce cited a federal court filing, which indicated that President Barack Obama will sign the bill.

I haven't studied the issues surrounding the STOCK Act. This bill may be a reasonable step to address certain problems. By the same token, it could enable the kind of insider dealing that inspired the STOCK Act in the first place. I'm suspicious of legislation that passes without any public debate or a roll call vote that can be pinned on individual members of Congress. As Roll Call reporter Steven Dennis commented, "We've learned one thing Congress can can do with lightning speed, no debate & no actual voting: Repeal a piece of the STOCK Act."

Iowa politics-watchers have been treated to lots of public battles during this legislative session. Despite the intense disagreements over education funding, Medicaid expansion, and confirmation of Board of Regents nominees, the Iowa House and Senate have agreed on some bills with little public debate.

In today's edition of the Sunday Des Moines Register, editors gave a "thistle" to legislators for passing one bill easily this session.

A thistle to the Iowa Legislature for asking a question but ignoring the answer. The House and Senate both passed a bill that increases the penalty for interference with the official duties of a law officer that results in an injury to the officer. The tougher penalty likely will have a disproportionate impact on minorities in Iowa. Lawmakers know that because the Legislative Services Agency was specifically asked to prepare minority-impact statement on the bill due to Iowa's sorry record of locking up blacks at a higher rate proportionally than whites. Yet, the bill sailed through the Senate 50-zip. At least the House seriously debated the race implications before it passed the bill. Lawmakers might as well not ask for reports on the impact of their actions if they do not intend to take seriously the results.

Radio Iowa's O.Kay Henderson reported on the Iowa House debate over this bill, Senate File 384, on April 11. Click here to find the audio file. The bill passed by 77 votes to 17 (roll call here). You can view the lobbyist declarations on this bill here. The Iowa House Democrats who voted against this bill were Ako Abdul-Samad, Marti Anderson, Deborah Berry, Ruth Ann Gaines, Bruce Hunter, Vicki Lensing, Mary Mascher, Kevin McCarthy, Pat Murphy, Jo Oldson, Rick Olson, Todd Prichard, Sharon Steckman, Todd Taylor, Beth Wessel-Kroeschell, Cindy Winckler, and Mary Wolfe.

It's not the first time Iowa lawmakers overwhelmingly agreed on a bad idea. A few years ago, a bill eliminating fines against nursing homes for various health and safety violations passed the Iowa House and Senate unanimously. A couple of years before that, the film tax credit that wasted a lot of state money and eventually led to some criminal indictments passed by 95 votes to 1 in the Iowa House and 48 to 2 in the Iowa Senate.

High-profile, contentious bills grab attention by prompting press conferences, rallies and public hearings. But consensus bills influence public policy too--not always for the better.

Some political scientists believe divided control of a legislature is ideal, because gridlock prevents either party from overreaching. But failure to act on high-profile, contentious bills doesn't mean nothing important is happening. Political consensus is

IA-Sen: Most Democratic state legislators endorse Braley

desmoinesdem — Wed, 03 Apr 2013 15:10:00 GMT

Representative Bruce Braley's campaign for U.S. Senate rolled out its largest batch of endorsements today: 71 state legislators. All 26 Iowa Senate Democrats plus 45 of the 47 Iowa House Democrats are named in the press release I've posted after the jump. For some reason, Iowa House Minority Leader Kevin McCarthy and former Iowa House Speaker Pat Murphy are not in this group. Murphy is running for the first Congressional district seat Braley is vacating.

Earlier this week, Braley's campaign announced that it raised more than $1 million during the first quarter. That is a solid number, and I'll be interested to see how the numbers break own (contributions from individuals vs PACs, for instance). Bleeding Heartland will publish a detailed roundup of Iowa Congressional fundraising after all the candidates have filed their reports with the Federal Election Commission. Those reports are due April 15.
April 3 press release from Braley for Iowa (emphasis in original):

71 Iowa Legislators Endorse Braley for Senate
DES MOINES, IA - 71 Democratic members of the Iowa legislature have announced their formal endorsement of Bruce Braley for Senate. 45 Iowa House Democrats are endorsing Braley today, as are all 26 Iowa Senate Democrats, including Iowa Senate Majority Leader Michael Gronstal and President Pam Jochum.
Braley announced in February that he had formed a committee to run for the Senate seat being vacated by retiring Sen. Tom Harkin.
Sen. Michael Gronstal (D-Pottawattamie) said, "I'm proud to endorse Bruce Braley today. Iowans are fortunate to have Bruce in their corner fighting for them in Congress, and he'll do even more in the Senate. From passing polices that strengthen the middle class to helping small businesses, Bruce works so hard to get things done for Iowa because he's never forgotten where he's come from."
Rep. Kirsten Running-Marquardt (D-Linn) said, "Today is a great day for Iowa. I proudly stand with many of my colleagues and endorse Bruce Braley. Bruce has a proven track record of fighting for the middle class, standing up for veterans and working to make college affordable. He is one of us and Iowa needs him in the US Senate."
Braley said, "I'm honored by this outpouring of support. I've launched this campaign because Iowans deserve a Senator who will work hard every day to rebuild the middle class, create economic opportunity, and use taxpayer money more wisely. The endorsements of 71 Iowa legislators today is a big boost to our campaign and I'll rely on all of them to help build our growing grassroots organization in the months ahead."
In recent weeks, momentum has continued to build behind Braley's Senate campaign. On Monday, Braley announced that he has raised $1 million for his Senate campaign since Harkin announced his retirement. In February, Rep. Dave Loebsack (IA-02) and former Rep. Leonard Boswell endorsed Braley for Senate. Last week, Iowa Attorney General Tom Miller and Treasurer Michael Fitzgerald announced their endorsement. And eight labor organizations have endorsed Braley: State Association of Letter Carriers, the Iowa Postal Workers Union, the Bricklayers and Allied Craftworkers Local 3 Iowa Union, UAW Region 4, SEIU Iowa - Local 199, AFSCME Iowa Council 61, the Iowa State Council of Machinists, and the Great Plains Laborers' District Council.
A full list of the legislators announcing their endorsement today can be found below:
HOUSE
Name County
Deb Berry Black Hawk
Anesa Kajtazovic Black Hawk
Bob Kressig Black Hawk
Sharon Steckman Cerro Gordo
Patti Ruff Clayton
Roger Thomas Clayton
Mary Wolfe Clinton
Daniel Muhlbauer Crawford
Dennis Cohoon Des Moines
Nancy Dunkel Dubuque
Charles Isenhart Dubuque
Bruce Bearinger Fayette
Todd Prichard Floyd
Daniel Kelley Jasper
Curtis Hanson Jefferson
Dave Jacoby Johnson
Vicki Lensing Johnson
Mary Mascher Johnson
Sally Stutsman Johnson
Jerry Kearns Lee
Art Stead Linn
Daniel Lundby Linn
Tyler Olson Linn
Kirsten Running-Marquardt Linn
Todd Taylor Linn
Mark Smith Marshall
Ako Abdul-Samad Polk
Marti Anderson Polk
Bruce Hunter Polk
John Forbes Polk
Ruth Ann Gaines Polk
Jo Oldson Polk
Rick Olson Polk
Joe Riding Polk
Jim Lykam Scott
Phyllis Thede Scott
Cindy Winckler Scott
Frank Wood Scott
Lisa Heddens Story
Beth Wessel-Kroeschell Story
Mary Gaskill Wapello
Scott Ourth Warren
Helen Miller Webster
Dave Dawson Woodbury
Chris Hall Woodbury
SENATE
Name County
Jeff Danielson Black Hawk
Bill Dotzler Black Hawk
Amanda Ragan Cerro Gordo
Rita Hart Clinton
Tom Courtney Des Moines
Pam Jochum Dubuque
Brian Schoenjahn Fayette
Rich Taylor Henry
Mary Jo Wilhelm Howard
Tod Bowman Jackson
Dennis Black Jasper
Joe Bolkcom Johnson
Bob Dvorsky Johnson
Robert Hogg Linn
Wally Horn Linn
Liz Mathis Linn
Steve Sodders Marshall
Chris Brase Muscatine
Dick Dearden Polk
Jack Hatch Polk
Matt McCoy Polk
Janet Petersen Polk
Michael Gronstal Pottawattamie
Joe Seng Scott
Herman Quirmbach Story
Daryl Beall Webster

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

desmoinesdem — Tue, 02 Apr 2013 12:15:00 GMT

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

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

Yesterday the Iowa House approved a bill to relax manure storage regulations for large confined animal feeding operations (CAFOs). All of the House Republicans and two-thirds of the Democrats supported this bad legislation. Details on the bill and the House vote are below.
Proponents of House File 512 claim it would make life easier for farmers who want to "downsize" their operations temporarily.

"This bill allows you to notify the DNR [Department of Natural Resources] that you will no longer have animals above the 500 animal unit that requires the manure management plan," [Republican State Representative Lee] Hein said, "simplifies it and allows those buildings to remain intact in case, say, for instance the next generation comes along in a few years and wants to enter back into the hog operation."

If that were the intended goal of this bill, Iowa lawmakers should have had no problem with an amendment proposed by State Representative Chuck Isenhart, the ranking Democrat on the Iowa House Environmental Protection Committee. His amendment was short and simple:

During the period of election [to be a small animal feeding operation], a manure storage structure that is part of the confinement feeding operation is not used to store manure originating from a location outside the confinement feeding operation.

In other words, go ahead and mothball your barn in case your child wants to come back to the farm someday. But in the meantime, don't use your barn to store manure overflowing from someone else's CAFO. During yesterday's floor debate (audio available at Radio Iowa), Isenhart warned that House Fill 512 would become a "fall-back" option for CAFO operators who don't want to invest in adequate manure storage facilities. He noted that the original bill does not recognize potential hazards from manure spills during transportation to a neighboring farm and offloading.

House members rejected Isenhart's amendment by voice vote shortly before the vote on final passage for House File 512. Incidentally, Hein (the floor manager of this bill) chairs the House Environmental Protection Committee. We can see how committed he is to that mission.

But I don't mean to pin all the blame for this bad bill on House Republicans. Most of the Democratic caucus helped to pass it by 83 votes to 16. The roll call (pdf) shows that all 52 Republicans present voted yes, joined by the following 31 House Democrats: Bruce Bearinger, Deborah Berry, Dennis Cohoon, David Dawson, Nancy Dunkel, Ruth Ann Gaines, Mary Gaskill, Chris Hall, Curt Hanson, Dave Jacoby, Jerry Kearns, Dan Kelley, Bob Kressig, Daniel Lundby, Jim Lykam, Helen Miller, Dan Muhlbauer, Pat Murphy, Tyler Olson, Scott Ourth, Todd Prichard, Joe Riding, Patti Ruff, Kirsten Running-Marquardt, Art Staed, Sharon Steckman, Sally Stutsman, Phyllis Thede, Roger Thomas, Mary Wolfe, and Frank Wood.

I understand the political realities. Many of these Democrats represent rural areas; others represent urban districts where the livestock industry is important to the local economy. The bill's going to pass anyway, so why stick your neck out? The sad fact is, agribusiness interest groups will endorse challengers to most of these Democrats in the next election, ignoring the friendly votes cast to appease Big Ag.

Next time I receive a fundraising call from the Iowa Democratic Party or the House Truman Fund, I will let them know that this bill is one reason I'm keeping my checkbook closed. At least a dozen of the Democrats who voted for House File 512 represent rock-solid safe districts. That includes you, Iowa Democratic Party Chair Tyler Olson.

Credit goes to the House Democrats who had the guts to vote against House File 512 yesterday: Ako Abdul-Samad, Marti Anderson, John Forbes, Lisa Heddens, Bruce Hunter, Chuck Isenhart, Anesa Kajtazovic, Vicki Lensing, Mary Mascher, Kevin McCarthy, Jo Oldson, Rick Olson, Mark Smith, Todd Taylor, Beth Wessel-Kroeschell, and Cindy Winckler.

The lobbyist declarations on House File 512 show that the Iowa Pork Producers Association is the only group registered supporting the bill. These organizations have lobbyists registered against the bill:

Iowa Environmental Council
Food & Water Watch
Des Moines Water Works
Iowa Citizens for Community Improvement Action Fund
Iowa Farmers Union
Sierra Club Iowa Chapter

Iowa Citizens for Community Improvement's Action Fund is calling on Senate Majority Leader Mike Gronstal to block the Senate version of House File 512. That bill, known as Senate File 418, has already passed the Senate Agriculture Committee and is eligible for floor debate. Gronstal has the final call on what comes up for a vote. In the past, he has supported some bad legislation designed to support factory farms. But in those days, Senate President Jack Kibbie always had Big Ag's back. Now the Senate President is Pam Jochum, who has a strong environmental voting record. Maybe she can prevail on Gronstal.

Iowa Department of Natural Resources Director Chuck Gipp does not agree with Iowa CCI's interpretation of this bill's potential impact on water quality. No big surprise there. The Iowa DNR's lobbyist is registered "undecided" on House File 512.

Any relevant comments are welcome in this thread.

P.S.- House File 512 originated in the House Agriculture Committee, currently chaired by Pat Grassley. He is considered a leading contender for Iowa secretary of agriculture in 2014 if current Secretary of Agriculture Bill Northey runs for U.S. Senate.

P.P.S- Environmentalists living in the first Congressional district should ask Pat Murphy to explain this vote when he asks for their support in the IA-01 Democratic primary. In fairness to Murphy, he has voted against some other bad legislation favored by Big Ag in recent years.

UPDATE: Representative Isenhart responded to my request for comment on the passage of this bill.

Rep. Hein, the bill's floor manager and a hog producer, admitted in his remarks what environmental groups feared the bill will make possible: that so-called "mothballed" confinement facilities can still be used to house sick animals and the manure pits to store excess waste from other facilities, all without updated manure management and other plans to mimimize risks to the environment and animal safety.

APRIL 5 UPDATE: The Iowa Senate will not take up this bill during the 2013 legislative session, according to this Iowa CCI Action alert. In an article on legislation that will not clear the second "funnel" deadline today, William Petroski and Jason Noble mentioned that Senate Democrats are rejecting "a proposal to revise rules on hog feeding operations."

Weekend open thread: Everything but the Harkin news

desmoinesdem — Sun, 27 Jan 2013 13:10:00 GMT

Busy weekend in Iowa politics! I'm continuing to update the post on Tom Harkin retiring with reactions and speculation about possible Senate candidates. Here's an open thread for anything else on your mind.

A bunch of links that caught my eye this week are after the jump.
A group of reporters for the Source Media Group and Lee Enterprises are collaborating on a new weekly 15-minute podcast on Iowa politics. You can follow OnIowaPolitics on twitter here. In the latest podcast, journalists Mike Wiser (statehouse bureau chief for Lee Enterprises), Jon Ericson of the Waterloo Courier, Ed Tibbetts of the Quad-City Times, and James Lynch of the Cedar Rapids Gazette discuss driver's licenses for "DREAMers," Governor Terry Branstad's recent tour of eastern Iowa, and an obscure provision from the Iowa constitution dealing with a state militia.

Here's fun blog post for programmers or Supreme Court junkies: How Justice Clarence Thomas Uncovered a Seven-year-old Bug in My Computer Program.

Outgoing Secretary of State Hillary Clinton testified this week before House and Senate committees "investigating" the attack on the U.S. consulate in Benghazi, Libya. I only watched short clips from the hearings. Dashiell Bennett and J.K. Trotter posted a good rundown of news from that day, Dana Milbank described how Clinton "stormed" Capitol Hill, but the most entertaining account by far was Zerlina's post at Feministing: "How to deal with a mansplainer starring Hillary Clinton in gifs."

The Republican National Committee has been holding its winter meetings, and I was surprised to see that Reince Priebus didn't face any real opposition in his bid to be re-elected as RNC chair.

In his remarks, Mr. Priebus reported to members of the committee that he had led the party out of the debt that he inherited when he took over two years ago. He said the party still needed to make strides to compete with the Democratic Party.
Mr. Priebus secured the support of the party's major donors and state officials, even as he appealed to the Libertarian strains of the party that are represented by supporters of Ron Paul. He fought back the possibility of a challenge from Mark Willis, a committee member from Maine, who supported Mr. Paul in last year's presidential campaign.
Mr. Willis did not receive enough support on Friday to have his name placed into nomination. Party officials who gathered here said Republicans needed to be unified if they were going to successfully rebuild after losing the race for the White House and seats in the House and Senate last year.
In his remarks on Friday, Mr. Priebus said the party needed to improve its technology to compete with Democrats, but also focus on returning to the basics of building a strong get-out-the-vote operation. He did not talk specifically about the divisions inside the party over fiscal and social issues, but he urged Republican officials to be driven by their overarching goal: winning elections.

I would expect a lot of donors and RNC members to look for new leadership after what just happened in November. Not only did Mitt Romney lose every swing state except for North Carolina, Republicans lost ground in the U.S. Senate and only held the U.S. House because of gerrymandering. (Democratic House candidates received more than 1 million more votes than Republican House candidates across the country.)

Priebus is open to rewriting the rules on allocating electoral votes in blue states with GOP legislatures, but some other influential Republicans are distancing themselves from the idea.

CBS News took on former Secretary of State Condoleezza Rice as a commentator. In her debut appearance on "Face the Nation," she called immigration the "really big issue" and called for Republicans to stop sending "bad signals" that turn off "large segments of the population."

House Speaker John Boehner is supposedly ready to tackle immigration reform.

The Speaker made the previously unreported comments during a question-and-answer session on Tuesday at the Ripon Society, a Republican advocacy group.
In response to a question from the audience, Boehner said it is "time to deal" with immigration, a top domestic priority for Obama.
"I said it the day after the election. I meant it, and we're going to have to deal with it," Boehner said. "I think there's a bipartisan group of members that have been meeting now for three or four years. Frankly, I think they basically have an agreement. I've not seen the agreement. I don't know all the pitfalls in it, but it's in my view, the right group of members."

Boehner will have to beat down a back-bencher rebellion to get immigration reform through the House. One of the leading opponents is sure to be Representative Steve King (IA-04). This week he told Radio Iowa's O.Kay Henderson that some of the Republicans pushing for immigration reform are "political opportunists."

"The people that are for some version of let me say 'waiving immigration law'...they have always been that way and now they are political opportunists," King says. "For me, I've taken the oath to uphold the constitution and that includes the rule of law and I don't want to reward people for breaking the law." [...]
"In the center this, the American people want the rule of law respected and if you reward lawbreakers, you're going to get more lawbreakers," King says. "That's just how it is and we learned that from the 1986 Amnesty Act that was signed by Ronald Reagan, one of only about two times that he let me down."
King says Republicans can "moderate" their tone when talking about minorities, including Latinos, but King says the GOP should "reject identity politics."
"We can't compromise principle for political expediency," King says.

National Republican strategists must cringe whenever King gets near a microphone. A generation of GOP state legislators are coming up with even wackier ideas, though. A New Mexico lawmaker is pushing one of the most outrageous proposals I've ever heard of: it would "make terminating a pregnancy caused by incest or rape a third-degree felony for 'tampering with evidence,' which could carry three years in prison." So wrong on so many levels, not to mention completely unworkable.

Back to Steve King: when he served in the Iowa Senate, one of his signature achievements was the law making English the official language of the state of Iowa. Governor Tom Vilsack vetoed this law once but signed the second version that came to his desk. Democratic State Representative Bruce Hunter recently confirmed that he will again introduce a bill to repeal this law. He doesn't have a chance to move this legislation in the Republican-controlled Iowa House. Democrats should have grabbed the opportunity to repeal "English only" the first time Hunter tried to do so in 2009.

Ruth Anderson, a civil rights leader in Iowa who also influenced generations of social workers, passed away this week at the age of 91.

Anderson achieved many firsts in her half-century of social and political involvement in Black Hawk County. She was the first African-American county social services director and the first African-American county supervisor. She made major inroads for female professors at the University Northern Iowa and helped create an entire academic department there. [...]
Anderson, a native of Sioux City, arrived in Waterloo in 1959 after earning a bachelor's degree from the University of California-Berkley and a master's degree from Columbia University School of Social Work in New York. In the late 1960s, she became the first African-American director of social services in Black Hawk County.
She participated in the March on Washington for Jobs & Freedom on Aug. 28, 1963, in Washington, D.C., at which the Rev. Martin Luther King Jr. delivered his "I have a Dream" speech.
Anderson became a professor of social work at UNI, where she won a legal battle with the university and was awarded a full professorship with tenure after having previously been passed over. The out-of-court settlement was seen as a major victory for female professors at public universities in Iowa. She taught for 22 years at UNI.
Under her leadership, contemporaries said, the UNI department of social work was created, and she headed that department. [...]
In 1982, Anderson was inducted into the Iowa Women's Hall of Fame and was a recipient of the Women of Achievement award in 1988. In 1990 she received an honorary doctorate of humane letters from Simpson College in Indianola. In 1992, at the end of her single term on the Board of Supervisors, she was named social worker of the year by the Iowa NASW.
In 1985 she published her autobiography, "From Mother's Aid Child to University Professor: The Autobiography of an American Black Woman." She was listed in Who's Who Among Black Americans in 1977. In the early '90s she was president of the Iowa-Nebraska State Conference of the NAACP.
In May 2012 she received a lifetime achievement award from the Iowa chapter of the National Association of Social Workers.

Speaking of influential women in Iowa, the Democratic Activist Women's Network of Iowa is accepting nominations through January 31 for its four annual awards:

• DAWN Barbara Boatwright Award, a woman whose life work has advanced Democratic values, or a woman who has achieved a noteworthy accomplishment in her community or the state, which may be paid or non-paid work
• DAWN Elected State Official Award, a public official who has proven to be a strong leader and advocate for women at the state level
• DAWN Elected Local Official Award, a public official who has proven to be a strong leader and advocate for women at the local level, may be locally elected or elected Democrat Party County Chair
• DAWN Rising Star Award, a woman, under the age of 30, who has shown dedication to her community and to Democratic values
Eligibility: To be considered for a DAWN Award, the nominee must be a pro-choice Democratic woman who currently resides in Iowa. The nominee's accomplishment/s must have had a direct impact in Iowa. Unless specified, there are no age restrictions. Women currently serving on the DAWN's List steering committee are not eligible.
How to nominate: To nominate an outstanding Democratic woman, please submit the online form by January 31, 2013. You can also download and print a paper nomination form. Complete the nomination form, attach your letter of support and send it to P.O. Box 814, Des Moines, IA 50304 or email it to info@dawnslist.org. All email and online submissions must be received by January 31, 2013 and all paper submissions must be postmarked by January 31, 2013.

Who's who in the Iowa House for 2013

desmoinesdem — Wed, 09 Jan 2013 13:15:00 GMT

The Iowa House will begin its 2013 session next Monday with 53 Republicans, 46 Democrats and one seat to be filled in a special election on January 22.

After the jump I've posted details on the Iowa House majority and minority leadership teams, along with all chairs, vice chairs, and members of standing House committees. Where relevant, I've noted changes since last year's legislative session.

Some non-political Iowa House trivia: three state representatives have the surname Olson (not counting Democrat Jo Oldson). There are two Millers, two Taylors, and two Smiths, one from each party in every case. David is most common first name: the new cohort contains three Daves and two Davids. Four state representatives have the first name Mark, four are called Daniel (three go by Dan) and four were given the name Robert (two Robs, one Bob, and a Bobby). Four women are named Mary (one goes by Mary Ann), and two are named Linda. There are two men each named Greg, Chuck, John, Kevin, Pat, Bruce, Tom, and Chris, and there would have been two Brians if Brian Quirk had not resigned shortly after winning re-election. Oddly, no current Iowa House member is named Mike or Michael.

JANUARY 28 UPDATE: Democrat Todd Prichard won the special election in House district 52, bringing the number of Todds in the Iowa House to two. I've added his committee assignments below. Republicans maintain a 53-47 majority.
Iowa House Republican leadership team

Speaker Kraig Paulsen was first elected in 2002 and just re-elected from House district 67, covering suburban and rural areas in Linn County.

Majority Leader Linda Upmeyer was first elected in 2002 and just re-elected in House district 54, covering all of Franklin County and parts of Cerro Gordo and Butler counties.

Speaker Pro Tem Steve Olson was first elected in 2002 and just re-elected in House district 97, including parts of Scott and Clinton counties. Last year's Speaker Pro Tem Jeff Kaufmann retired.

Majority Whip Chris Hagenow was first elected in 2008 and just re-elected in House district 43, covering some western suburbs of Des Moines. Last year's Majority Whip Erik Helland lost the 2012 Republican primary in Iowa House district 39.

Assistant majority leaders: Matt Windschitl was first elected in 2006 from district 56 and just re-elected in district 17, covering all of Ida and Monona Counties and parts of Harrison and Woodbury Counties. Windschitl was also an assistant majority leader in 2012.

Walt Rogers was first elected in 2010 and just re-elected in House district 60, covering parts of Waterloo and Black Hawk County.

Jeff Smith was first elected in 2010 and just re-elected in House district 1, covering all of Lyon and Osceola Counties and part of Dickinson County.

Joel Fry was first elected in 2010 and just re-elected in House district 27, covering Clarke, Decatur, and Wayne Counties, and part of Lucas County.

Iowa House Democratic leadership team

Minority Leader Kevin McCarthy was first elected in 2002 and just re-elected in House district 33, covering parts of the southeast side of Des Moines. He served as House majority leader during the 2007 through 2010 legislative sessions.

Assistant minority leaders: Ako Abdul-Samad was first elected in 2006 and just re-elected in House district 35, covering central and north-side neighborhoods in Des Moines.

Mary Mascher was first elected in 1994 and just re-elected in House district 86, covering parts of Iowa City.

Mark Smith was first elected in 2000 and just re-elected in House district 71, covering northeastern Marshall County, including Marshalltown.

Mary Gaskill is the newest member of the House Democratic leadership team. She replaces Kirsten Running-Marquardt, who was an assistant minority leader last year. Gaskill was first elected in 2002 and just re-elected in House district 81, covering Ottumwa and some surrounding areas in Wapello County.

FEBRUARY 5 UPDATE: Iowa House Democrats chose Dan Muhlbauer to lead their Rural Caucus. Muhlbauer raises cattle, hogs, corn and soybeans on a Crawford County farm. He was was first elected in 2010 and just re-elected in House district 12, covering Carroll and Audubon Counties and part of Crawford County. Last year Andrew Wenthe held this position, with Muhlbauer as Rural Caucus vice chair, but Wenthe retired.

Iowa House Standing Committees

Administration and Rules

Chair: Matt Windschitl (see above). Last year Renee Schulte chaired this committee, but she lost her re-election bid in House district 66.

Vice Chair: Walt Rogers (see above)

Ranking member: Dan Muhlbauer (see above). Last year Andrew Wenthe was ranking member on this committee, but he retired.

Other members: Joel Fry (R), Chris Hagenow (R), Steve Olson (R), Kraig Paulsen (R), Jeff Smith (R), Linda Upmeyer (R), Ako Abdul-Samad (D), Deborah Berry (D), Mary Mascher (D), Kevin McCarthy (D), Mark Smith (D)

Agriculture

Chair: Pat Grassley was first elected in 2006 and just re-elected in House district 50, covering Grundy County and parts of Hardin and Butler. Last year Annette Sweeney chaired this committee, but Grassley defeated her in the GOP primary to represent House district 50.

Vice Chair: Jarad Klein was first elected in 2010 and just re-elected in House district 78, covering Keokuk County and most of Washington County.

Ranking member: Helen Miller was first elected in 2002 and just re-elected in House district 9, covering part of Webster County, including Fort Dodge.

Other members: Dwayne Alons (R), Clel Baudler (R), Peter Cownie (R), Dave Deyoe (R), Jack Drake (R), Lee Hein (R), Bobby Kaufmann (R), David Maxwell (R), Brian Moore (R), Steve Olson (R), Tom Shaw (R), Bruce Bearinger (D), Nancy Dunkel (D), Curt Hanson (D), Jerry Kearns (D), Dan Kelley (D), Dan Muhlbauer (D), Scott Ourth (D), Patti Ruff (D), Todd Prichard (D)

Appropriations

Chair: Chuck Soderberg was first elected in 2004 and just re-elected in House district 5, covering most of Plymouth and part of Woodbury Counties. Last year Scott Raecker chaired the Appropriations Committee, but he did not seek re-election. Last year's vice chair, Nick Wagner, was expected to take over this committee, but he lost his re-election bid in House district 68.

Vice Chair: Mark Lofgren was first elected in 2010 and just re-elected in House district 91, covering the city of Muscatine and surrounding areas in Muscatine County.

Ranking member: Tyler Olson was first elected in 2006 and just re-elected in House district 65, covering part of Cedar Rapids in Linn County.

Administration and Regulation Appropriations Subcommittee Chair: Ralph Watts was first elected in 2002 and just re-elected in House district 19, covering part of Dallas County and a small area in northern Polk County.

Administration & Regulation Appropriations Subcommittee ranking member: Dan Kelley was first elected in 2010 and just re-elected in House district 29, covering most of Jasper County, including Newton.

Other Administration & Regulation Appropriations Subcommittee members: Tedd Gassman (R), Jason Schultz (R), Quentin Stanerson (R), Guy Vander Linden (R), Bruce Hunter (D), Joe Riding (D), Art Staed (D)

Agriculture and Natural Resources Appropriations Subcommittee Chair: Jack Drake was first elected in 1992 and just re-elected in House district 21, covering all of Union and Adams Counties and parts of Cass and Pottawattamie Counties.

Agriculture & Natural Resources Appropriations Subcommittee ranking member: Frank Wood was just elected to the Iowa House for the first time in House district 92, covering parts of Scott County. He served one term in the Iowa Senate from 2005 through 2008. Last year Dan Muhlbauer was the ranking member on this subcommittee.

Other Agriculture and Natural Resources Appropriations Subcommittee members: Pat Grassley (R), Lee Hein (R), Sandy Salmon (R), Bruce Bearinger (D), Scott Ourth (D), Patti Ruff (D)

Economic Development Appropriations Subcommittee Chair: Dave Deyoe was first elected in 2006 and just re-elected in House district 49, covering parts of Story and Hardin Counties. Last year Jason Schultz chaired this appropriations subcommittee.

Economic Development Appropriations Subcommittee ranking member: Kirsten Running-Marquardt won a 2009 special election and was just re-elected in House district 69, covering part of Cedar Rapids as well as parts of southwestern Linn County. Last year Chris Hall was the ranking member on this subcommittee.

Other Economic Development Appropriations Subcommittee members: Greg Forristall (R), Mary Ann Hanusa (R), Larry Sheets (R), Chuck Isenhart (D), Anesa Kajtazovic (D), Bob Kressig (D)

Education Appropriations Subcommittee Chair: Cecil Dolecheck was first elected in 1996 and just re-elected in House district 24, covering Ringgold, Taylor and Page Counties and part of Montgomery County.

Education Appropriations Subcommittee ranking member: Cindy Winckler was first elected in 2002 and just re-elected in House district 90, covering part of Davenport in Scott County.

Other Education Appropriations Subcommittee members: Josh Byrnes (R), Jake Highfill (R), Ron Jorgensen (R), Curt Hanson (D), Daniel Lundby (D), Sharon Steckman (D)

Health and Human Services Appropriations Subcommittee Chair: Dave Heaton was first elected in 1994 and just re-elected in House district 84, covering Henry County and parts of Lee, Washington and Jefferson Counties.

Health & Human Services Appropriations Subcommittee ranking member: Lisa Heddens was first elected in 2002 and just re-elected in House district 46, covering part of Ames and Story County.

Other Health and Human Services Appropriations Subcommittee members: Rob Bacon (R), Dean Fisher (R), Linda Miller (R), John Forbes (D), Sally Stutsman (D), Beth Wessel-Kroeschell (D)

Justice Systems Appropriations Subcommittee Chair: Gary Worthan was first elected in 2006 and just re-elected in House district 11, covering all of Buena Vista and Sac Counties.

Justice Systems Appropriations Subcommittee ranking member: Todd Taylor was first elected in a 1995 and just re-elected in House district 70, covering part of Cedar Rapids in Linn County.

Other Justice Systems Appropriations Subcommittee members: Julian Garrett (R), Chip Baltimore (R), Mark Brandenburg (R), Megan Hess (R), Marti Anderson (D), David Dawson (D), Todd Prichard (D)

Transportation, Infrastructure and Capitals Appropriations Subcommittee Chair: Dan Huseman was first elected in 1994 and just re-elected in House district 3, covering O'Brien and Cherokee Counties and parts of Sioux and Plymouth.

Transportation, Infrastructure and Capitals Appropriations Subcommittee ranking member: Dennis Cohoon was first elected to the Iowa House in 1986 and just re-elected in House district 87, covering Burlington and part of eastern Des Moines County.

Other Transportation, Infrastructure and Capitals Appropriations Subcommittee members: Dwayne Alons (R), John Landon (R), Brian Moore (R), Nancy Dunkel (D), Dave Jacoby (D), Jim Lykam (D)

Other Appropriations Committee members: Dean Fisher (R), Julian Garrett (R), Jake Highfill (R), Walt Rogers (R), Bruce Bearinger (D), Nancy Dunkel (D), Chris Hall (D), Anesa Kajtazovic (D), Pat Murphy (D), Kirsten Running-Marquardt (D), Todd Taylor (D)

Commerce

Chair: Peter Cownie was first elected in 2008 and just re-elected in House district 42, covering parts of Des Moines and West Des Moines. Last year Chuck Soderberg chaired this committee.

Vice Chair: Mark Brandenburg was first elected in 2010 and just re-elected in House district 15, covering Carter Lake and part of Council Bluffs in Pottawattamie County. Last year Chip Baltimore was the vice chair of this committee.

Ranking member: Chris Hall was first elected in 2010 and just re-elected in House district 13, covering part of Sioux City and eastern Woodbury County. Last year Brian Quirk was ranking member of this committee, but he just resigned his House seat after winning re-election in House district 52.

Other members: Chip Baltimore (R), Dean Fisher (R), Pat Grassley (R), John Landon (R), Dawn Pettengill (R), Tom Sands (R), Jeff Smith (R), Chuck Soderberg (R), Rob Taylor (R), Ralph Watts (R), Guy Vander Linden (R), David Dawson (D), John Forbes (D), Dave Jacoby (D), Anesa Kajtazovic (D), Bob Kressig (D), Jim Lykam (D), Jo Oldson (D), Tyler Olson (D)

Economic Growth

Chair: Mary Ann Hanusa was first elected in 2010 and just re-elected in House district 16, covering part of Council Bluffs. Last year Pat Grassley chaired this committee, and Hanusa served as vice chair.

Vice Chair: Bobby Kaufmann was elected for the first time in 2012 from district 73, covering Cedar County, part of Johnson County, and one town in Muscatine County. He is the son of longtime State Representative Jeff Kaufmann, who retired last year after serving as House speaker pro tem

Ranking member: Roger Thomas was first elected to the Iowa House in 1996 and just re-elected in House district 55, covering parts of Winneshiek, Fayette and Clayton Counties.

Other members: Dwayne Alons (R), Chip Baltimore (R), Dave Deyoe (R), Ron Jorgensen (R), Mark Lofgren (R), Brian Moore (R), Walt Rogers (R), Jason Schultz (R), Larry Sheets (R), Rob Taylor (R), Bruce Bearinger (D), Nancy Dunkel (D), Mary Gaskill (D), Lisa Heddens (D), Dave Jacoby (D), Helen Miller (D), Scott Ourth (D), Frank Wood (D)

Education

Chair: Ron Jorgensen was first elected in 2010 and just re-elected in House district 6, covering parts of Sioux City and Woodbury County. Last year Greg Forristall chaired this committee. He publicly criticized a bill that would have restricted early school opening dates, which House Speaker Paulsen supported.

Vice Chair: Quentin Stanerson was just elected for the first time in 2012 from House district 95, covering parts of Linn and Buchanan counties.

Ranking member: Sharon Steckman was first elected in 2008 and just re-elected in House district 53, covering part of Cerro Gordo County, including Mason City.

Other members: Josh Byrnes (R), Cecil Dolecheck (R), Joel Fry (R), Julian Garrett (R), Tedd Gassman (R), Mary Ann Hanusa (R), Megan Hess (R), Kevin Koester (R), Linda Miller (R), Walt Rogers (R), Sandy Salmon (R), Ako Abdul-Samad (D), Dennis Cohoon (D), Ruth Ann Gaines (D), Curt Hanson (D), Mary Mascher (D), Patti Ruff (D), Art Staed (D), Cindy Winckler (D), Frank Wood (D)

Environmental Protection

Chair: Lee Hein was first elected in 2010 and just re-elected in House district 96, covering all of Delaware County and part of Jones County. Last year Steve Olson (just named House speaker pro tem) chaired this committee.

Vice Chair: Rob Taylor was just elected for the first time in 2012 in House district 44, covering parts of the Des Moines suburbs in Dallas County. Last year Bob Hager was vice chair of this committee, but he lost his re-election bid in House district 56.

Ranking member: Chuck Isenhart was first elected in 2008 and just re-elected in House district 100, covering part of Dubuque.

Other members: Clel Baudler (R), Dave Deyoe (R), Tedd Gassman (R), Megan Hess (R), Jarad Klein (R), David Maxwell (R), Jason Schultz (R), Larry Sheets (R), Jeff Smith (R), Chuck Soderberg (R), Marti Anderson (D), Deborah Berry (D), Dan Kelley (D), Vicki Lensing (D), Daniel Lundby (D), Mark Smith (D), Sharon Steckman (D), Phyllis Thede (D), Beth Wessel-Kroeschell (D)

Ethics

Chair: Jeff Smith (see above) is the new chair of this committee, as well as an assistant majority leader. Last year Kevin Koester chaired this committee.

Vice Chair: Tom Shaw was first elected in 2010 and just re-elected from House district 10, covering Pocahontas, Humboldt, and Calhoun Counties as well as part of Webster County. Last year Scott Raecker was vice chair of this committee, but he retired.

Ranking member: Phyllis Thede was first elected in 2008 and just re-elected in House district 93, covering parts of Davenport and Bettendorf in Scott County.

Other members: Dave Heaton (R), Tyler Olson (D), Mark Smith (D)

Government Oversight

Chair: Kevin Koester was first elected in 2008 and just re-elected in House district 38, covering a large part of northeast Polk County. Last year Chris Hagenow, now majority whip, chaired this committee.

Vice Chair: Greg Heartsill was just elected for the first time in 2012 in House district 28, covering parts of Marion, Jasper, and Lucas Counties. Last year Chip Baltimore was the vice chair of this committee.

Ranking member: Ruth Ann Gaines was first elected in 2010 and just re-elected in House district 32, covering part of Des Moines. Last year Janet Petersen was ranking member of this committee, but she left the Iowa House to run for the Iowa Senate.

Other members: Clel Baudler (R), Peter Cownie (R), Dawn Pettengill (R), Vicki Lensing (D), Pat Murphy (D), Phyllis Thede (D)

Human Resources

Chair: Linda Miller was first elected in 2006 and just re-elected in House district 94, covering part of Bettendorf in Scott County.

Vice Chair: Rob Bacon was just elected to the Iowa House for the first time from House district 48, covering Hamilton County and parts of Webster, Boone, and Story Counties. He previously served two years in the Iowa Senate. Last year Joel Fry was the vice chair of this committee.

Ranking member: Beth Wessel-Kroeschell was first elected in 2004 and just re-elected in House district 45, covering part of Ames in Story County.

Other members: Mark Costello (R), Greg Forristall (R), Joel Fry (R), Julian Garrett (R), Dave Heaton (R), Megan Hess (R), Kevin Koester (R), John Landon (R), Mark Lofgren (R), Rob Taylor (R), Ako Abdul-Samad (D), Marti Anderson (D), David Dawson (D), Lisa Heddens (D), Bruce Hunter (D), Pat Murphy (D), Mark Smith (D), Sally Stutsman (D)

International Relations

Chair: Mark Lofgren (see above)

Ranking member: Deborah Berry was first elected in 2002 and just re-elected in House district 62, covering part of Waterloo in Black Hawk County.

Other members: Jack Drake (R), John Landon (R), Walt Rogers (R), Dan Kelley (D), Mary Mascher (D)

Judiciary

Chair: Chip Baltimore was first elected in 2010 and just re-elected in House district 47, covering most of Boone County and all of Greene County. Last year Rich Anderson chaired this committee, but he retired.

Vice Chair: Megan Hess was just elected for the first time in 2012 in House district 2, covering Palo Alto and Clay Counties and part of Dickinson County. Last year Chip Baltimore was vice chair of this committee.

Ranking member: Mary Wolfe was first elected in 2010 and just re-elected in House district 98, covering part of Clinton County, including the city of Clinton.

Other members: Dwayne Alons (R), Mark Brandenburg (R), Julian Garrett (R), Tedd Gassman (R), Chris Hagenow (R), Greg Heartsill (R), Dave Heaton (R), Bobby Kaufmann (R), Matt Windschitl (R), Gary Worthan (R), Marti Anderson (D), David Dawson (D), Vicki Lensing (D), Jo Oldson (D), Rick Olson (D), Tyler Olson (D), Mark Smith (D), Beth Wessel-Kroeschell (D)

Labor

Chair: Greg Forristall was first elected in 2006 and just re-elected in House district 22, covering most of Pottawattamie County outside Council Bluffs. Last year Lance Horbach chaired this committee, but he retired.

Vice Chair: Larry Sheets was just elected for the first time in House district 80, covering Monroe and Appanoose Counties and parts of Mahaska and Wapello Counties. Last year Jarad Klein was the vice chair of this committee.

Ranking member: Bruce Hunter was first elected in a 2003 special election and just re-elected in House district 34, covering downtown Des Moines and part of the south side.

Other members: Mark Costello (R), Joel Fry (R), Mary Ann Hanusa (R), Ron Jorgensen (R), Jarad Klein (R), Mark Lofgren (R), Jason Schultz (R), Ralph Watts (R), Deborah Berry (D), Jerry Kearns (D), Mary Mascher (D), Pat Murphy (D), Kirsten Running-Marquardt (D), Todd Taylor (D)

Local Government

Chair: Jason Schultz was first elected in 2008 and just re-elected in House district 18, covering all of Shelby County and parts of Crawford and Harrison Counties. Last year Nick Wagner chaired this committee, but he lost his re-election bid in House district 68.

Vice Chair: Greg Heartsill (see above). Last year Jeff Smith was vice chair of this committee.

Ranking member: Art Staed was just elected to House district 66 in Cedar Rapids, defeating Republican incumbent Renee Schulte. He previously served one term in the House (2007-2008). Last year John Wittneben was ranking member of this committee, but he lost his re-election bid in House district 7.

Other members: Cecil Dolecheck (R), Dean Fisher (R), Tedd Gassman (R), Mary Ann Hanusa (R), Jake Highfill (R), Henry Rayhons (R), Larry Sheets (R), Quentin Stanerson (R), Matt Windschitl (R), John Forbes (D), Mary Gaskill (D), Bob Kressig (D), Daniel Lundby (D), Joe Riding (D), Kirsten Running-Marquardt (D), Phyllis Thede (D), Frank Wood (D)

Natural Resources

Chair: Henry Rayhons was first elected to the Iowa House in 1996 and just re-elected in House district 8, covering Wright and Hancock Counties and part of Kossuth County.

Vice Chair: Dean Fisher was just elected for the first time in 2012 in House district 72, covering Tama County and parts of Marshall and Black Hawk Counties. Last year Jeff Smith was the vice chair of this committee.

Ranking member: Curt Hanson was first elected in a 2009 special election and just re-elected in House district 82, covering Davis and Van Buren Counties and most of Jefferson County.

Other members: Rob Bacon (R), Clel Baudler (R), Josh Byrnes (R), Cecil Dolecheck (R), Jake Highfill (R), Dan Huseman (R), David Maxwell (R), Sandy Salmon (R), Tom Shaw (R), Jeff Smith (R), Chris Hall (D), Daniel Lundby (D), Jim Lykam (D), Helen Miller (D), Scott Ourth (D), Patti Ruff (D), Phyllis Thede (D), Roger Thomas (D)

Public Safety

Chair: Clel Baudler was first elected in 1998 and just re-elected in House district 20, covering all of Guthrie and Adair Counties and parts of Cass and Dallas Counties.

Vice Chair: Tom Shaw (see above)

Ranking member: Bob Kressig was first elected in 2004 and just re-elected in House district 59, covering most of Cedar Falls and some rural areas in Black Hawk County.

Other members: Mark Brandenburg (R), Joel Fry (R), Greg Heartsill (R), Dan Huseman (R), Jarad Klein (R), Steve Olson (R), Henry Rayhons (R), Sandy Salmon (R), Tom Sands (R), Gary Worthan (R), Ako Abdul-Samad (D), Deborah Berry (D), David Dawson (D), Ruth Ann Gaines (D), Dan Muhlbauer (D), Rick Olson (D), Mary Wolfe (D)

State Government

Chair: Guy Vander Linden was first elected in 2010 and just re-elected in House district 79, covering most of Mahaska County and the Pella area of Marion County. Last year Peter Cownie chaired this committee.

Vice Chair: Jake Highfill was just elected for the first time in 2012 in House district 39, covering suburban and rural areas in Polk County. He defeated House Majority Whip Erik Helland in the Republican primary. Last year Guy Vander Linden was vice chair of this committee.

Ranking member: Vicki Lensing was first elected in 2000 and just re-elected in House district 85, covering part of Iowa City in Johnson County.

Other members: Rob Bacon (R), Mark Costello (R), Jack Drake (R), Pat Grassley (R), Chris Hagenow (R), Lee Hein (R), Kevin Koester (R), Linda Miller (R), Dawn Pettengill (R), Quentin Stanerson (R), Ralph Watts (R), Dennis Cohoon (D), Bruce Hunter (D), Chuck Isenhart (D), Anesa Kajtazovic (D), Mary Mascher (D), Sharon Steckman (D), Todd Taylor (D), Todd Prichard (D), Cindy Winckler (D)

Transportation

Chair: Josh Byrnes was first elected in 2010 and just re-elected in House district 51, covering Worth, Mitchell, and Howard Counties, and part of Winneshiek. Last year Dave Tjepkes chaired this committee, but he retired.

Vice Chair: Brian Moore was first elected in 2010 and just re-elected in House district 58, covering Jackson County and parts of Jones and Dubuque Counties. Last year Glen Massie was vice chair of this committee, but he retired.

Ranking member: Jim Lykam was first elected in 2002 and just re-elected in House district 89, covering part of Davenport in Scott County.

Other members: Greg Forristall (R), Greg Heartsill (R), Dan Huseman (R), Ron Jorgensen (R), Bobby Kaufmann (R), John Landon (R), Steve Olson (R), Dawn Pettengill (R), Henry Rayhons (R), Walt Rogers (R), Dennis Cohoon (D), John Forbes (D), Helen Miller (D), Pat Murphy (D), Rick Olson (D), Joe Riding (D), Sally Stutsman (D), Mary Wolfe (D)

Veterans Affairs

Chair: Dwayne Alons was first elected in 1998 and just re-elected in House district 4, covering most of Sioux County. Although he is one of the longest-serving Iowa House Republicans, Alons was shut out of the committee chairmanships in 2011 and 2012. Paulsen didn't even make him a vice chair of any committee before now. Last year Royd Chambers chaired the Veterans Affairs Committee, but he retired.

Vice Chair: Sandy Salmon was just elected for the first time in 2012 in House district 63, covering Bremer County and parts of Black Hawk County. Last year Guy Vander Linden was the vice chair of this committee.

Ranking member: Jerry Kearns was first elected in 2008 and just re-elected in House district 83, covering part of Lee County including Keokuk and Fort Madison.

Other members: Rob Bacon (R), Mark Brandenburg (R), Mark Costello (R), Linda Miller (R), Tom Shaw (R), Quentin Stanerson (R), Matt Windschitl (R), Gary Worthan (R), Ruth Ann Gaines (D), Dave Jacoby (D), Dan Muhlbauer (D), Art Staed (D), Roger Thomas (D)

Ways and Means

Chair: Tom Sands was first elected in 2002 and just re-elected in House district 88, covering all of Louisa County and large parts of Des Moines and Muscatine Counties.

Vice Chair: John Landon was just elected for the first time in 2012 in House district 37, covering Ankeny and other parts of northern Polk County. Last year Josh Byrnes was the vice chair of this committee.

Ranking member: Jo Oldson was first elected in 2002 and just re-elected in House district 41, covering part of Des Moines. Last year Dave Jacoby was ranking member on this committee.

Other members: Chip Baltimore (R), Josh Byrnes (R), Peter Cownie (R), Greg Forristall (R), Pat Grassley (R), Chris Hagenow (R), Lee Hein (R), David Maxwell (R), Brian Moore (R), Quentin Stanerson (R), Guy Vander Linden (R), Matt Windschitl (R), John Forbes (D), Mary Gaskill (D), Chuck Isenhart (D), Jerry Kearns (D), Dan Kelley, Dan Muhlbauer (D), Joe Riding (D), Sally Stutsman (D), Roger Thomas (D), Todd Prichard (D)

Administrative Rules Review

Five Iowa House and five Iowa Senate members serve on this committee.

Chair: Dawn Pettengill was first elected in 2004 (as a Democrat) and switched to the Republican caucus in 2007. She was just re-elected in House district 75, covering Benton County and part of Iowa County.

Other Iowa House members: State Representative Jeff Smith (R), State Representative Dave Jacoby (D), State Representative Rick Olson (D), State Representative Guy Vander Linden (R)

More proof smoking bans save lives

desmoinesdem — Fri, 14 Dec 2012 23:09:58 GMT

How about a little good news on a lousy day? A new study confirms previous research, which showed public smoking bans reduce hospitalizations for heart attacks and other life-threatening problems. The Iowa Smokefree Air Act, which went into effect in July 2008, has likely prevented many premature deaths.

UPDATE: The smoking ban was controversial while it was debated in 2008. Below I've listed all of the state legislators who had the courage to send that bill to Governor Chet Culver's desk.
The new study appears in the latest issue of Health Affairs, a peer-reviewed journal. Here's the abstract of "Smoking Bans Linked To Lower Hospitalizations For Heart Attacks And Lung Disease Among Medicare Beneficiaries," by Mark W. Vander Weg, Gary E. Rosenthal, and Mary Vaughan Sarrazin.

Policies limiting exposure to cigarette smoke have been associated with reduced hospitalizations for heart attacks, but little is known about the impact of smoking bans on other health conditions and whether findings from individual communities generalize to other areas. We investigated the association between smoking bans targeting workplaces, restaurants, and bars passed throughout the United States during 1991-2008 and hospital admissions for smoking-related illnesses-acute myocardial infarction and chronic obstructive pulmonary disease-among Medicare beneficiaries age sixty-five or older. Risk-adjusted hospital admission rates for acute myocardial infarction fell 20-21 percent thirty-six months following implementation of new restaurant, bar, and workplace smoking bans. Admission rates for chronic obstructive pulmonary disease fell 11 percent where workplace smoking bans were in place and 15 percent where bar smoking bans were present. By contrast, very little effect was found for hospitalization for gastrointestinal hemorrhage and hip fracture-two conditions largely unrelated to smoking and examined as points of comparison. These findings provide further support for the public health benefits of laws that limit exposure to tobacco smoke.

That's a big drop in hospitalizations for heart attacks and serious lung ailments in communities with public smoking bans. In Iowa, the smoking rate dropped noticeably even in the first year after the Smokefree Air Act passed, and has continued to decline since. That trend benefits both people who quit smoking and those who no longer are exposed to their loved ones' or co-workers' secondhand smoke.

Lead author Mark Vander Weg is an associate professor in the University of Iowa Carver College of Medicine. He spoke to the Iowa City Press-Citizen:

Hospitalization for heart attack rates is on the decline in general, Vander Weg said, which could be a result of advancing medical care resulting in better identification and treatment of coronary artery disease. It also could be because fewer people are smoking, he said. COPD, on the other hand, has been increasing across the country, Vander Weg said.
Within the first three months of smoking bans being enacted, the increase in COPD admission rates was 5 percent lower in communities with bans than those without. After three years, that difference had grown to 17 percent.
Communities that had smoking bans in all three possible locations - bars, restaurants and offices - saw greater relative reductions than counties that banned smoking only in a single setting, the study found.
Areas with bans in two or three settings saw decreases in heart attack admissions of between 14 percent and 16 percent, while those with a single ban did not see as significant of decreases, Vander Weg said.
"The bottom line for that is that the more bans that there were, the greater reduction that we saw, at least in heart attacks," he said.
The admissions were only for patients age 65 and older because the study relied on Medicare data. Although research has shown that smoking is declining nationwide, it's declining at a lower rate among people age 65 and older.

The Iowa Department of Public Health has posted rules and frequently asked questions related to the Smokefree Air Act.

Because of the many health risks associated with secondhand smoke, Bleeding Heartland strongly supported the Iowa Smokefree Air Act and the Iowa Department of Public Health's decision to enforce that ban in all restaurants. I had no sympathy for smokers who whined about "Big Brother Democrats and Turncoat Republicans" and called the public smoking ban "Soviet" or "fascist."

Former Governor Chet Culver deserves credit for supporting this bill through the legislative process and signing it into law. The lawmakers who had the guts to vote for this controversial bill should feel proud too.

Here is the full list of 54 House members who voted yes on the final version of House File 2212 in 2008. I've put an asterisk next to those who still serve in the Iowa legislature. Note that while Democrats provided most of the yes votes, the bill would not have passed without some support from House Republicans.

Democrats:
Ako Abdul-Samad*
Paul Bell
Deborah Berry*
Polly Bukta
Dennis Cohoon*
Swati Dandekar
Mark Davitt
Ro Foege
Wayne Ford
Marcella Frevert
Mary Gaskill*
Elesha Gayman
Lisa Heddens*
Bruce Hunter*
Dave Jacoby*
Pam Jochum* (now in Iowa Senate)
Doris Kelley
Bob Kressig*
Mark Kuhn
Vicki Lensing*
Mary Mascher*
Kevin McCarthy*
Helen Miller*
Jo Oldson*
Donovan Olson
Rick Olson*
Tyler Olson*
Eric Palmer
Janet Petersen* (now in Iowa Senate)
Mike Reasoner
Nathan Reichert
Paul Shomshor
Mark Smith*
Art Staed (defeated in 2008 but just re-elected)
Kurt Swaim
Dick Taylor
Todd Taylor*
Roger Wendt
Beth Wessel-Kroeschell*
Mark Whitaker
Wes Whitead
Cindy Winckler*
Phil Wise
Ray Zirkelbach
Pat Murphy*

Republicans:
Rich Anderson
Clel Baudler*
Dan Clute
Libby Jacobs
Michael May
Henry Rayhons*
Bill Schickel
Walt Tomenga
Tami Wiencek

Special credit goes to Iowa senators who resisted House Democrats' attempt to weaken the bill and got a fairly strong smoking ban through the conference committee. Here's the full list of the 28 state senators who voted for the final version of the Iowa Smokefree Air Act. Again, most of the yes votes came from Democrats, but at least one Republican vote was needed for final passage. I put asterisks next to the names of those who still serve.

Democrats:
Staci Appel
Daryl Beall*
Joe Bolkcom*
Michael Connolly
Tom Courtney*
Jeff Danielson*
Dick Dearden*
Bob Dvorsky*
Gene Fraise
Mike Gronstal*
Jack Hatch*
Rob Hogg*
Wally Horn*
Jack Kibbie
Matt McCoy*
Rich Olive
Herman Quirmbach*
Amanda Ragan*
Tom Rielly
Becky Schmitz
Brian Schoenjahn*
Joe Seng*
Roger Stewart
Steve Warnstadt
Frank Wood (defeated in 2008, just elected to Iowa House)

Republicans:
Mary Lundby
Larry Noble
Pat Ward

One major loophole remains in Iowa's public smoking ban: casino floors are exempt. Democrat state senator Bill Heckroth voted for an earlier version of the smoking ban but against the final bill, I think because of the casino exemption. An Iowa Smoke-Free Gaming group is trying to rescind that loophole, but they face long odds, given the gambling industry's influence at the statehouse.

Full list of Iowa House Democratic leaders, ranking members

desmoinesdem — Thu, 29 Nov 2012 14:57:29 GMT

Yesterday the Iowa House Democrats announced ranking members for all the standing and appropriations committees for the 2013 legislative session. Below I've posted the full list of House minority leaders and ranking members. Where relevant, I've noted changes since last year. House Democrats will start the session with 46 caucus members, because State Representative Brian Quirk just resigned his seat.

House Republicans named all the committee chairs earlier this week.
Iowa House Democratic leadership team

Minority Leader Kevin McCarthy was first elected in 2002 and just re-elected in House district 33, covering parts of the southeast side of Des Moines. He served as majority leader during the 2007 through 2010 legislative sessions.

Assistant minority leaders: Ako Abdul-Samad was first elected in 2006 and just re-elected in House district 35, covering central and north-side neighborhoods in Des Moines.

Mary Mascher was first elected in 1994 and just re-elected in House district 86, covering parts of Iowa City.

Mark Smith was first elected in 2000 and just re-elected in House district 71, covering northeastern Marshall County, including Marshalltown.

Standing committees

Administrative Rules Review

Dave Jacoby and Rick Olson will serve on this committee, which includes five Iowa House members and five Iowa Senate members. Jacoby was first elected in 2002 and just re-elected in House district 74, covering Coralville and North Liberty in Johnson County. Olson was first elected in 2004 and just re-elected in House district 31, covering parts of the east side of Des Moines.

Administration and Rules

Dan Muhlbauer was first elected in 2010 and just re-elected in House district 12, covering Carroll and Audubon Counties and part of Crawford County. Last year Andrew Wenthe was ranking member on this committee, but he retired.

Agriculture

Helen Miller was first elected in 2002 and just re-elected in House district 9, covering part of Webster County, including Fort Dodge.

Appropriations

Tyler Olson was first elected in 2006 and just re-elected in House district 65, covering part of Cedar Rapids in Linn County.

Administration and Regulation Appropriations Subcommittee: Dan Kelley was first elected in 2010 and just re-elected in House district 29, covering most of Jasper County, including Newton.

Agriculture and Natural Resources Appropriations Subcommittee: Frank Wood was just elected to the Iowa House for the first time in House district 92, covering parts of Scott County. He served one term in the Iowa Senate from 2005 through 2008. Last year Dan Muhlbauer was the ranking member on this subcommittee.

Economic Development Appropriations Subcommittee: Kirsten Running-Marquardt won a 2009 special election and was just re-elected in House district 69, covering part of Cedar Rapids as well as parts of southwestern Linn County. Last year Chris Hall was the ranking member on this subcommittee.

Education Appropriations Subcommittee: Cindy Winckler was first elected in 2002 and just re-elected in House district 90, covering part of Davenport in Scott County.

Health and Human Services Appropriations Subcommittee: Lisa Heddens was first elected in 2002 and just re-elected in House district 46, covering part of Ames and Story County.

Justice System Appropriations Subcommittee: Todd Taylor was first elected in a 1995 and just re-elected in House district 70, covering part of Cedar Rapids in Linn County.

Transportation, Infrastructure, and Capitals Appropriations: Dennis Cohoon was first elected to the Iowa House in 1986 and just re-elected in House district 87, covering Burlington and part of eastern Des Moines County.

Commerce

Chris Hall was first elected in 2010 and just re-elected in House district 13, covering part of Sioux City and eastern Woodbury County. Last year Brian Quirk was ranking member of this committee, but he just resigned his House seat this week.

Economic Growth

Roger Thomas was first elected to the Iowa House in 1996 and just re-elected in House district 55, covering parts of Winneshiek, Fayette and Clayton Counties.

Education

Sharon Steckman was first elected in 2008 and just re-elected in House district 53, covering part of Cerro Gordo County, including Mason City.

Environmental Protection

Chuck Isenhart was first elected in 2008 and just re-elected in House district 100, covering part of Dubuque.

Ethics

Phyllis Thede was first elected in 2008 and just re-elected in House district 93, covering parts of Davenport and Bettendorf in Scott County.

Government Oversight

Ruth Ann Gaines was first elected in 2010 and just re-elected in House district 32, covering part of Des Moines. Last year Janet Petersen was ranking member of this committee, but she left the Iowa House to run for the Iowa Senate.

Human Resources

Beth Wessel-Kroeschell was first elected in 2004 and just re-elected in House district 45, covering part of Ames in Story County.

Judiciary

Mary Wolfe was first elected in 2010 and just re-elected in House district 98, covering part of Clinton County, including the city of Clinton.

Labor

Bruce Hunter was first elected in a 2003 special election and just re-elected in House district 34, covering downtown Des Moines and part of the south side.

Local Government

Art Staed was just elected to House district 66 in Cedar Rapids, defeating Republican incumbent Renee Schulte. He previously served one term in the House (2007-2008). Last year John Wittneben was ranking member of this committee, but he lost his re-election bid in House district 7.

Natural Resources

Curt Hanson was first elected in a 2009 special election and just re-elected in House district 82, covering Davis and Van Buren Counties and most of Jefferson County.

Public Safety

Bob Kressig was first elected in 2004 and just re-elected in House district 59, covering most of Cedar Falls and some rural areas in Black Hawk County.

State Government

Vicki Lensing was first elected in 2000 and just re-elected in House district 85, covering part of Iowa City in Johnson County.

Transportation

Jim Lykam was first elected in 2002 and just re-elected in House district 89, covering part of Davenport in Scott County.

Veterans Affairs

Jerry Kearns was first elected in 2008 and just re-elected in House district 83, covering part of Lee County including Keokuk and Fort Madison.

Ways and Means

Jo Oldson was first elected in 2002 and just re-elected in House district 41, covering part of Des Moines. Last year Dave Jacoby was ranking member on this committee.

Notes from the Trayvon Martin rally at the Iowa Capitol

desmoinesdem — Tue, 27 Mar 2012 14:54:45 GMT

At least 200 people gathered on the west steps of the Iowa State Capitol Monday evening for a rally and vigil marking one month since Trayvon Martin's killing in Floriday. After the jump I've posted a few notes from the event, along with links about the impact of Martin's death on the debate over proposed "stand your ground" legislation in Iowa.
Drake Law School students organized the event to call attention to Iowa House File 2215, the so-called "stand your ground" bill. A similar statute in Florida is the main reason law enforcement did not arrest or charge George Zimmerman after he shot and killed the unarmed Martin. The Iowa House passed the bill along party lines on February 29. It is dead in the Iowa Senate for this session, despite efforts by the National Rifle Association to pressure Senate Judiciary Committee Chair Gene Fraise.

The crowd was larger than I expected, given that the organizers announced the time and place of the rally only a day in advance. Most of the attendees posed for a group photo after the speeches. State Representative Ako Abdul-Samad posted the photo on Facebook, which should give you an idea of the size. The organizers said they planned to send copies of the photo to all 150 Iowa legislators and to Trayvon Martin's family.

Lots of Democratic state legislators attended the rally, many wearing hoodies. Unfortunately, they were not introduced individually, and they weren't all standing together so I didn't get a complete count. Besides Abdul-Samad, I saw State Representatives Deborah Berry, Curt Hanson, Bruce Hunter, Chuck Isenhart, Dan Kelley, Helen Miller, Mark Smith, Sharon Steckman, Phyllis Thede, Beth Wessel-Kroeschell, and John Wittneben. Fraise was there, along with State Senators Bob Dvorsky, Jack Hatch, Pam Jochum. Iowa Democratic Party Chair Sue Dvorsky was in the crowd too, as was Senate district 22 Democratic candidate Desmund Adams. I'll update this post with more names if other Bleeding Heartland readers can add to my list.

Third-year law student Kevin Patrick introduced the speakers and in his own remarks urged the audience not to get bogged down in anger and assigning blame, but to be informed and go beyond the superficial in how we relate to each other. He talked about the hoodie as a metaphor for superficialities that obscure who we really are as people.

Abdul-Samad gave a powerful speech and got a laugh from the crowd by demonstratively putting away the talking points he got from Democratic staff ahead of time. He mentioned his son, who was shot to death in 1996, and other black men who have been killed more recently in central Iowa. He lamented the lack of "real conversations" that might prevent violence in our society. He asked members of the audience to hold onto someone else's hand, preferably a stranger's hand, and look into that person's eyes while repeating his words, such as, "I'm sick and tired of being sick and tired!" and "No justice, no peace! Know justice, know peace!" Several times Abdul-Samad stopped to tell people, "Don't look at me," look at your neighbor.

Wessel-Kroeschell was up next, joking, "I have a new rule: never speak after Ako." Although she has a different style due to her "quiet, Lutheran background," she spoke passionately about the dangers of House File 2215, and how we don't want a law in Iowa that would justify actions like killing Trayvon Martin. According to Wessel-Kroeschell, Florida's law has been invoked 93 times in cases involving 65 deaths. (She repeatedly referred to the law as "shoot first" rather than "stand your ground.") She vowed to keep fighting the bill.

Polk County prosecutor Jeff Noble was the next speaker. He emphasized the Polk County Attorney John Sarcone wanted to address the rally himself but had a prior commitment. Noble explained why his office and the county attorneys' association lobbied strongly against House File 2215, which he called the "license to kill bill." He said the legislation protects those who seek to do violence as opposed to those who seek to avoid violence. Current Iowa law already protects our right to defend ourselves. Noble added that sometimes legislators who pass a law don't know how it might work in the real world, but the Trayvon Martin tragedy gives Iowa lawmakers the benefit of seeing the implications of the bill. He also warned against judging Florida police too harshly for not arresting and charging Zimmerman, because if you give law enforcement "defective tools" (laws on the books), you will get "defective justice just like they're seeing in Florida today."

Speaking to me by telephone today, Noble said he has learned in 22 years of work as a Polk County prosecutor that nine times out of ten, both people involved in a violent altercation feel justified in their actions. He is very worried that the "stand your ground" legislation would tie the hands of police and prosecutors when faced with any number of confrontations that become deadly through "incremental escalation." (For instance, a fender bender leads to angry words or profanity, which leads to a clenched fist, which leads to someone pulling out a gun, which makes the other person feel compelled to grab a tire iron. Suddenly both people have "reasonable" grounds to feel so threatened that they must act with deadly force to protect themselves.)

As I mentioned above, House File 2215 is dead for this year. Its lead sponsor, Republican State Representative Matt Windschitl, has pledged to introduce it again next year.

"I understand it's a tragic case that happened in Florida. I wasn't there. The only two people who were there were the victim and the man who defended himself," Windschitl said. "Nobody can tell you what happened besides those people. I think Iowans have a right to defend themselves where they have a right to be present. To require an Iowan to retreat when they feel threatened, I think, that's an asinine proposal."

Windschitl also defended his bill in comments to the Des Moines Register a few days ago.

"I believe the language we have incorporated into the bill passed over to the Senate has protections already embedded into it that would protect law-abiding Iowans who choose to defend themselves but also protect Iowans at large," Windschitl said. [...]
But for opponents of the measure, the Florida case provides a clear example of the dangers inherent in a law loosening restrictions on the use of deadly force.
"What happened in Florida is exactly the type of tragedy that all these law enforcement leaders told us we would see here," said Rep. Mary Wolfe, D-Clinton, and a vocal opponent of the bill. "And it's exactly the scenario that the people supporting the 'stand your ground' bill told us ... was never going to happen." [...]
Another strong critic of "stand your ground" laws, Polk County Attorney John Sarcone, said Thursday that he believes such laws restrict law enforcement's ability to make arrests and initiate the legal process that decides whether the use of force was justified.
That is evident, he said, in the Martin case, where the local police said in a statement they were "prohibited from making an arrest based on the facts and circumstances they had at the time."
"I think it shows what the clear danger of that law is and what it allows to happen," Sarcone said of the Florida case.

All 24 Iowa Senate Republicans have signed a discharge petition seeking to bring the bill directly to the Senate floor. (The tactic wouldn't work, even if they convinced a few Democrats to join them.) Democratic State Senator Jack Hatch brought up the petition in a speech to his colleagues yesterday afternoon:

"I want you to think real hard if you've signed it, why you signed it, and if you haven't signed it, keep your signature off that petition," Hatch told his colleagues. [...]
"The rally today is not only to celebrate and look at the life of Trayvon Martin, but to have us think real clearly whether or not that legislation not only should go forward, let's hope that the state of Florida and other states that have passed that legislation at least consider revising it or even repealing it. This is not a time for us to incite fear among our citizens. This is a time for us to consider providing leadership."
Hatch's remarks drew a sharp rebuke from Sen. Mark Chelgren, R-Ottumwa, who also spoke briefly about the Florida incident on the Senate floor.
"A tragedy happened, a young man is dead and another family is broken," Chelgren said. "This happened in Florida, and it's unfortunate. We have a judicial system that is going to go through this process. And so while we grieve with the families for this tragedy, it is unconscionable to turn this into a political theater here in the state of Iowa.
"The death of a young man should not be used as an excuse to attack the very liberties that we have in this country, and personally I am offended and ashamed of what Sen. Hatch said today because he should not be treating the families who are grieving at this time in such a manner."

Meanwhile, Vanessa Miller reported for the Cedar Rapids Gazette on opposition to the bill from law enforcement officials in eastern Iowa.

"A person already has the right to defend themselves or others, if needed," said Linn County Attorney Jerry Vander Sanden. "The 'stand your ground' legislation goes far past that. I refer to it as the 'license to kill' statute, because that's exactly what it does." [...]
"I think this incident in Florida is going to be, our hope is, an eye-opening true life experience for legislators about what can happen with this type of legislation on the books," Vander Sanden said. [...]
"If you give law enforcement powers to citizens who have no law enforcement training, tragedy will result," Vander Sanden said.
The proposed legislation that passed through the Iowa House this legislative session would allow a person to use force - even deadly force - against someone who they reasonably believe is committing a violent felony or is a threat to kill or cause serious injury.
The proposal says a person has "no duty to retreat from any place where the person is lawfully," and it states that a person "may be wrong in the estimation of the danger or the force necessary to repel the danger as long as there is a reasonable basis for the belief." [...]
Johnson County Attorney Janet Lyness said she's concerned about the proposed bill because it would implement a "shoot first ask questions later" policy that could be problematic in a college community like Iowa City where students have been known to drink and occasionally end up in the wrong house.
"We could have a situation where we would have a drunk student go into the wrong place, and any neighbor could shoot and kill them, and that would be acceptable," Lyness said. "It's a dangerous approach to take."

Countless commentaries on the Florida tragedy have been posted in the last ten days. Michelle Goldberg's post about conservatives smearing Martin's reputation is depressing but worth reading.

Speaking of off-base conservative takes on this tragedy, this exchange on Rush Limbaugh's show yesterday was mind-boggling:

CALLER: [...] Now, [Florida Democratic Party state chair] Rod Smith -- correctly, I think -- is in defense of the law, but also agrees that an arrest should have been made in the case. Now here's my personal observation as a police officer, former police officer. Mr. Zimmerman, I think, fits the profile of somebody that we might refer to as suffering from the John Wayne syndrome. He was a person equipped with a weapon and charged with certain responsibilities as a Neighborhood Watch person that overstepped his bounds. I don't think, um, he was necessarily a racist, but he made poor decisions based on poor judgment.
RUSH: Jerry, what I've read is that Mr. Zimmerman -- who, again, the New York Times refers to as a "white Hispanic" and the rest of the media has now picked that up, 'cause that fits the template. You need white-on-black here to gin this up. I understand. He wants to be a cop. He just loves law enforcement, and he's a self-appointed Neighborhood Watch commander, and he wanted to protect his neighborhood, and he just got a little overzealous and so forth. But we still don't know what the real facts of this are, I don't think.

We don't know all the facts, but somehow I think Rush would consider it more than "a little overzealous" if a black man pursued a confrontation with an unarmed white teenager before shooting him to death.

I don't want to end this post with Limbaugh's ravings. Here's a brief clip from last night's Rally for Justice for Trayvon Martin in Iowa City.

First look at Democratic prospects for Iowa House gains

desmoinesdem — Tue, 20 Mar 2012 11:15:00 GMT

The redistricting process and several Republican retirements have created many pickup opportunities for Iowa House Democrats. The devastating 2010 election left them nowhere to go but up in the lower chamber, where Republicans currently enjoy a 60 to 40 majority. Relatively few sitting House Democrats represent vulnerable districts.

Speaking to activists at the Polk County Democratic convention on March 10, I heard lots of optimism about the House races. After the jump I've posted some early thoughts on the seats up for grabs.
Of the 40 current Iowa House Democrats, two opted to retire from the legislature. Kurt Swaim and Andrew Wenthe were paired with fellow Democratic incumbents Curt Hanson and Roger Thomas, respectively. Two other Democratic representatives, Janet Petersen and Nate Willems, decided to run for the Iowa Senate rather than seek re-election to the House.

That leaves 36 Iowa House Democrats seeking re-election. Of those, 15 do not have a Republican opponent and are therefore virtually assured of winning another term: Rick Olson, Kevin McCarthy, Brian Quirk, Sharon Steckman, Deborah Berry, Tyler Olson, Kirsten Running-Marquardt, Todd Taylor, Dave Jacoby, Jerry Kearns, Vicki Lensing, Mary Mascher, Cindy Winckler, Mary Wolfe, and Chuck Isenhart.

I must point out that at this stage in 2010, State Representatives John Beard and Tom Schueller didn't have Republican opponents either, yet both ended up losing in November. I don't expect any of the currently unchallenged House Democrats to meet the same fate.

Another 14 Democratic incumbents have Republican competition but shouldn't have any trouble winning re-election in their strongly Democratic districts: Helen Miller, Pat Murphy, Jim Lykam, Dennis Cohoon, Mary Gaskill, Mark Smith, Anesa Kajtazovic, Lisa Heddens, Beth Wessel-Kroeschell, Jo Oldson, Ako Abdul-Samad, Bruce Hunter, Ruth Ann Gaines, and Dan Kelley. Disclaimer: several Democrats thought to be "safe" lost in 2010, and more could fall if 2012 turns out to be another horrible year for Democrats generally.

The last seven Democratic House incumbents face potentially difficult re-election battles, either because of the partisan lean of their district, because they are relatively new to politics, or because they have drawn a particularly strong opponent.

John Wittneben in the new district 7. He won an open seat by a few dozen votes in 2010, and his new district no longer has a strong Democratic voter registration advantage. Two Republicans filed to challenge him: Mark Frakes and Tedd Gassman.

Dan Muhlbauer is another first-term Democrat, having won an open-seat race against an unbelievably weak Republican candidate. Muhlbauer's new district is a tiny bit more Democratic, but if Republican candidate Barney Bornhoft has the faintest clue, he should be a stronger opponent than the man Muhlbauer beat in 2010.

Chris Hall also won an open seat in 2010. He is the only House Democrat who will face a sitting House Republican in the general election. First-term GOP State Representative Jeremy Taylor decided to run here after the new map placed his house outside of his current district. He proved himself to be a strong campaigner by almost beating a Democratic incumbent in 2008 and winning an open seat in 2010.

Roger Thomas has more experience in the House, but the new district 55 has a GOP voter registration advantage, unlike the seat where Thomas was previously elected. Three Republicans filed to challenge him: Michael Klimesh, Marshall Nessa, and Dustin Noble.

Bob Kressig has won re-election by narrow margins several times. The winner of the GOP primary between James Kenyon and Howard Lyon will face Kressig in the new district 59.

Curt Hanson won a 2009 special election and his 2010 re-election in a Republican-leaning district, so he stands a decent chance of overcoming the voter registration disadvantage in the new district 82. Two Republicans have filed for this seat: James Johnson and Jeff Shipley.

Phyllis Thede knocked off a GOP incumbent in 2008 and survived the 2010 wave in a Democratic-leaning seat. Her new district 93 is more evenly divided in terms of voter registration. The good news is that she doesn't appear to have drawn a particularly strong candidate in Mark Nelson.

Depending on how many of those seven incumbents hang on, Democrats will have between 29 and 36 current House members returning in 2013.

One Democratic pick-up is a lock: Republicans aren't fielding a candidate in the new House district 57, where Steve Lukan is retiring. Nancy Dunkel is the only Democrat on the ballot.

The new House district 36 should be an easy hold for the winner of the Democratic primary between Marti Anderson, Cara Kennedy-Ode, and William Rock. Janet Petersen left this district open when she decided to run for Senate district 19.

That leaves House Democrats with 31 to 38 seats--a long way from the 51 they need to win back the majority.

The optimism I heard at the convention stems from the many strong candidates Democrats are fielding in Republican-held districts.

In general, it's easier for a political party to pick up an open seat than to defeat an incumbent from the other side. The following 13 districts with no incumbent seem potentially winnable for Democrats:

* district 14, left empty under the redistricting plan. Democrats have a voter registration advantage here; their unsuccessful 2010 candidate David Dawson will face Republican Greg Grupp.

* district 26, where Republican Glen Massie opted not to seek re-election. Massie's 2010 Democratic opponent, Scott Ourth, faces the winner of the GOP primary between Ruth Randleman and Steve McCoy.

* district 28, where Republican Rich Arnold is retiring. Democrat Megan Day Suhr will face the winner of the GOP primary between Len Gosselink and Greg Heartsill (my money's on Heartsill to be the general election candidate).

* district 30, where Republican Kim Pearson opted not to seek re-election. Altoona City Council member Joe Riding is the Democratic candidate; Republicans have a primary between Jim Carley and Carol Miller.

* district 40, where Republican House Appropriations Committee Chair Scott Raecker opted not to seek re-election. Urbandale City Council member John Forbes is the Democratic candidate; he'll face business owner and veteran Mike Brown.

* district 63, left empty under the redistricting plan. Former Democratic State Senator Bill Heckroth faces Sandy Salmon here.

* district 64, where Republican Dan Rasmussen retired. Two candidates from Oelwein are on the ballot: Democratic City Council member Bruce Bearinger and Republican business owner Jim Givant. The party registration numbers lean Democratic.

* district 72, where Republican Lance Horbach retired. The voter registration numbers lean to the GOP. Dean Fisher is the only Republican on the ballot here; a Democratic primary looms between Christina Blackcloud-Garcia and Nathan Wrage.

* district 73, where House Speaker Pro Tem Jeff Kaufmann is retiring. His son, Bobby Kaufmann, is the only Republican on the ballot. He'll have name recognition going for him, but clearly he won't be nearly as tough an opponent as his father would be. Democrats have a primary here between David Johnson and Dick Schwab.

* district 76, left empty after redistricting. Grinnell City Council member Rachel Bly will face the winner of a Republican primary between David Maxwell and Larry Wilson (my money's on Wilson, a Poweshiek County supervisor).

* district 77, left empty after redistricting. The voter registration numbers give the advantage to Democrat Sally Stutsman over Republican Steve Sherman.

* district 80, left empty after redistricting. Joe Judge, the son of former Lieutenant Governor Patty Judge, is the Democratic candidate here. His GOP opponent will be Larry Sheets.

* district 95, where Democrat Nate Willems is running for the Senate instead of for a third term in the House. Two teachers will face off here: Republican Quentin Stanerson and Democrat Kristin Keast.

Obviously, Democrats aren't going to sweep all of those House races, but even winning half of them would represent a major step forward.

There are at least 12 districts Democrats can credibly play for despite the fact that Republican incumbents are seeking re-election. (I'm not saying lightning couldn't strike in some other Republican-held district, but the other Democratic challengers will face long odds given the partisan lean.)

* district 15, covering Carter Lake and the western part of Council Bluffs; first-term GOP Representative Mark Brandenburg moved into this district. The Democratic candidate is George Yaple.

* district 38, where Ankeny Republican Kevin Koester, who was elected from a solidly Republican district, has to seek re-election in an evenly divided seat. John Phoenix is the Democratic candidate here (Koester also has a primary challenger).

* district 43, where Republican Chris Hagenow will be favored but Democrat Susan Judkins has a strong resume.

* district 47, where Democrat Donovan Olson is seeking a rematch with Chip Baltimore, who defeated him by a narrow margin in 2010.

* district 56, where Patti Ruff is running against first-term Republican Bob Hager.

* district 58, where former State Representative Tom Schueller is seeking a rematch with surprise 2010 winner Brian Moore.

* district 60, now represented by first-term Republican Walt Rogers. Bob Greenwood is the Democratic challenger in this Waterloo/Cedar Falls district.

* district 66, where Democrat Art Staed is challenging the Republican who beat him in 2008, Renee Schulte. The voter registration numbers lean Democratic, but Schulte has proved herself to be a strong campaigner.

* district 68, where Daniel Lundby, the son of the late Republican State Senator Mary Lundby, will be a big underdog against two-term Republican Nick Wagner.

* district 88, where House Ways and Means Committee Chair Tom Sands will be heavily favored against Democrat Sara Sedlacek.

* district 91, where 2010 winner Mark Lofgren is up against Democrat John Dabeet.

* district 92, where 2010 GOP winner Ross Paustian (an unsuccessful House candidate in 2008) is up against former State Senator Frank Wood.

Again, Democrats are not going to sweep these races, but having so many GOP-held seats in play will be helpful. Every dollar House Republican leaders spend defending their own incumbents is a dollar they can't spend targeting the vulnerable House Democrats.

It's also worth noting that eleven sitting House Republicans face primary challengers. As a result, many Republicans in safe seats will have to spend money on their own re-election campaigns, rather than in districts Democrats are targeting.

I don't see the House changing hands in 2013, but with good campaigning and GOTV, Democrats should be able to climb most of the way out of their 60-40 hole.

Any comments about the Iowa House races are welcome in this thread.

Iowa Supreme Court strikes down Branstad line-item vetoes

desmoinesdem — Fri, 16 Mar 2012 16:17:45 GMT

The Iowa Supreme Court ruled unanimously today that Governor Terry Branstad impermissibly used his line-item veto to strike language about Iowa Workforce Development field offices without vetoing the money allocated to fund those offices.

UPDATE: Added Branstad's reaction below as well as statements from Iowa House and Senate Democrats.
Branstad announced the line-item vetoes in July, and Iowa Workforce Development moved forward with closing offices in 36 cities during the second half of 2011. Five plaintiffs filed the lawsuit in August: Danny Homan, head of the largest public employee union in Iowa, Democratic State Senators Bill Dotzler and Daryl Beall, and Democratic State Representatives Bruce Hunter, Dave Jacoby, and Kirsten Running-Marquardt. A district court judge ruled in December that two of the disputed line-item vetoes were unconstitutional. The Iowa Supreme Court heard the governor's appeal last month.

The Des Moines Register posted the full text of today's ruling here (pdf). Excerpt from the decision by Justice Thomas Waterman (p.3):

This is not an easy case. The legislature failed to use language in section 15(3) expressly conditioning the $8.66 million appropriation on the restrictions against closing staffed field offices. Nonetheless, we conclude the definition of "field office" in section 15(5) qualifies or restricts the $8.66 million appropriation in section 15(3)(b) "for the operation of field offices." Accordingly, the Governor could not veto section 15(5) without vetoing the accompanying appropriation in section 15(3). We further conclude the Governor impermissibly item vetoed the restriction in section 20 on use of IWD appropriations for the national certificate program.
Simply stated, the legislature appropriated funds to IWD with strings attached, and our constitution does not permit the Governor to cut the strings and spend the money differently.

The district court upheld one of Branstad's disputed line-item vetoes, saying the provision to which it applied was a "rider" rather than a budget item. The Supreme Court disagreed, saying the provision barring the use of funds for the National Career Readiness Certificate Program was neither overly broad nor a "rider subject to item veto." (pages 16 and 17)

The plaintiffs had asked the court to declare the appropriations bill law "as if the Governor had not exercised the item vetoes which were herein determined to be void." Branstad's attorneys argued that "the proper remedy for an invalid veto of a condition on an appropriation is to invalidate the entire item containing the appropriation." The district court judge agreed with the plaintiffs, but the Iowa Supreme Court declared the governor "correct on this point." The ruling explains the court-ordered remedy on pages 18 through 20.

We hold that, when the Governor impermissibly item vetoes a condition on an appropriation during the pocket veto period, the appropriation item fails to become law. This result is mandated by our constitutional requirement that enactments do not become law without the approval of both elected branches except when a legislative supermajority overrides a vet. Here, the Governor did not approve the IWD appropriations with the conditions. Yet, the legislature did not pass the appropriations without the conditions. Thus, the IWD appropriations without the conditions could not become law because the approval of both elected branches was lacking.

So, the court declared that the disputed sections of Senate File 517 did not become law. In other words, the plaintiffs can't demand that the $8.66 million be used to reopen the field offices--which wouldn't be practical anyway, since the funding was designed to last through the current fiscal year, ending on June 30.

The ruling won't revive the Iowa Workforce Development field offices, but it may deter the governor from trying to veto similar conditions in future appropriations bills without also vetoing the money. Democratic candidates in many competitive legislative districts are likely to keep criticizing the Branstad administration's decision to replace 36 staffed offices with hundreds of computer terminals. The governor has defended the policy as a success that makes government services more accessible to unemployed Iowans.

Branstad appointed four of the seven Iowa Supreme Court justices: Chief Justice Mark Cady in 1998 and Justices Thomas Waterman, Ed Mansfield, and Bruce Zager in 2011. The author of today's ruling donated $7,500 to Branstad's 2010 gubernatorial campaign.

UPDATE: The ruling has been posted on the Iowa Supreme Court's website.

SECOND UPDATE: Radio Iowa's O.Kay Henderson reports,

Branstad spoke with reporters a couple of hours after the ruling was issued.
"This decision has far-reaching implications," Branstad said.
Branstad's aides say the governor may order more than 200 layoffs in the Workforce Development agency, close the few regional Workforce Development offices that are still operating and shut down the on-line services the agency's been providing to unemployed Iowans.
"The decision is complex and it has implications that need to be reviewed," Branstad said during that midday interview in Northwood, Iowa. "We want to do the very best thing in terms of providing the best opportunity for people to have access to job opportunities. We've been working very hard to get more access to people."

THIRD UPDATE: First press release issued from Branstad's office:

Homan lawsuit decision risks closure of all Workforce Development Offices; 200+ layoffs now possible; Court's decision does not erode the scope of the Governor's item veto power under the Constitution
March 16, 2012
(DES MOINES) - The Branstad-Reynolds administration today responded to the Iowa Supreme Court decision in Homan vs. Branstad.
"We disagree with the Iowa Supreme Court's ruling from a legal and policy perspective, but we respect their decision and will abide by it," said Branstad attorney Dick Sapp. "We are pleased the Iowa Supreme Court's decision did not erode the scope of the governor's item-veto power under the Constitution to control spending and serve Iowans who need jobs."
Gov. Branstad's program for Iowa Workforce Development has proven to be enormously successful. Gov. Branstad's actions have led to:
• Expanded hours, making Iowa's workforce development services available in the evenings and on Saturdays, which was previously not available;
• The Virtual Access Sites have increased the services offered to unemployed Iowans searching for work in Iowa;
• Multiple Workforce Development sites now exist in all 99 counties, providing rural Iowans with convenient access that did not previously exist;
• Nearly 100,000 services have been used since the launch of the governor's Virtual Access Points;
• Iowa Workforce Development is adding 10-20 new sites all across Iowa every week, and currently has 641 sites with more than 2,000 desktops;
• Iowa's unemployment rate continues to edge lower, and now stands at 5.4% in January, nearly three percentage points lower than the national 8.3% average.
Now, as a result of Danny Homan's lawsuit, there is no funding to keep open these vital services for Iowa's unemployed following this decision.
The irony of today's Supreme Court decision is that it strikes down a number of appropriations within the Workforce Development department - including funding for all Workforce Development offices, the workers compensation division, the labor division, and the unemployment reserve fund.
"What started as an attempt by Danny Homan to prevent the implementation of a new, streamlined service delivery system that has proven to serve Iowans even better has now, as a result of Homan's lawsuit, put at risk all of the services our state provides to unemployed Iowans and hundreds of state workers' jobs," said the governor's spokesman, Tim Albrecht.
"The governor is very concerned that these services would no longer be available to those Iowans who need it most," said Albrecht. "Our unemployment rate is going down as a result our successful workforce efforts - Danny Homan's lawsuit would increase the unemployment rate and put more Iowans out of work. The governor will continue working for Iowa's unemployed and workers, and will work diligently to deal with the aftermath of Danny Homan's reckless lawsuit."

Later, the governor's office released this statement:

Governor files motion with Supreme Court to prevent layoffs, keep offices open and continue the delivery of critical workforce services
March 16, 2012
(DES MOINES) - Gov. Branstad this afternoon filed a motion with the Iowa Supreme Court to temporarily stay their decision and thus prevent layoffs of all Workforce Development employees and to continue the delivery of critical workforce services to Iowa's workers and the unemployed.
Today's Iowa Supreme decision in Homan vs. Branstad has struck down a number of appropriations within the Workforce Development department - including funding for all Workforce Development offices, the workers compensation division, the labor division, and the unemployment reserve fund.
"Those who brought the lawsuit, with this result, eliminated funding for our Workforce Development services," said Branstad spokesman Tim Albrecht. "The governor's action today to stay the decision from this reckless lawsuit is intended to prevent layoffs and maintain these needed services for Iowa's workers and unemployed."
Further, Gov. Branstad is committed to working with the Legislature to find a solution that restores funding and maintains Iowans' access to these vital services.
Gov. Branstad's program for Iowa Workforce Development has proven to be enormously successful. Gov. Branstad's actions have led to:
• Expanded hours, making Iowa's workforce development services available in the evenings and on Saturdays, which was previously not available;
• The Virtual Access Points have increased the services offered to unemployed Iowans searching for work in Iowa;
• Multiple Workforce Development sites now exist in all 99 counties, providing rural Iowans with convenient access that did not previously exist;
• Nearly 100,000 services have been used since the launch of the governor's Virtual Access Points;
• Iowa Workforce Development is adding 10-20 new sites all across Iowa every week, and currently has 641 sites with more than 2,000 desktops;
• Iowa's unemployment rate continues to edge lower, and now stands at 5.4% in January, nearly three percentage points lower than the national 8.3% average.

I've never heard of staying a Supreme Court decision.

Statement from the Iowa House Democrats:

DEMOCRATS: HELP IOWANS GET BACK TO WORK
Des Moines, Iowa - After the Iowa Supreme Court unanimously ruled today that Governor Terry Branstad illegally shut down 36 job workforce centers across Iowa, Democrats said the Legislature and Governor should work together to reopen the offices and help Iowans get back to work.
"Iowans win with the court decision today. We're ready to move forward to help underemployed and unemployed Iowans find work. While we're disappointed the Governor took this route, it's time for us to work together to help businesses find skilled workers and Iowans find a good-paying job," said Rep. Dave Jacoby, D-Coralville, who was a plaintiff in the lawsuit challenging the veto.
"Our system of checks and balances with co-equal branches of government are central to our democracy and the Governor clearly overstepped his authority. What's important now is to work together to make sure Iowans who need to upgrade their skills or find a job can get the support they need," said Rep. Kirsten Running-Marquardt, D-Cedar Rapids.
"The future of our state is dependent on a highly skilled workforce because the jobs of tomorrow require some training or education beyond high school. The ruling today is an opportunity for Governor Branstad to work with us and redouble our efforts to build a skilled workforce," said Rep. Bruce Hunter, D-Des Moines.
During the 2011 legislative session, Republicans and Democrats in the Legislature worked together to ensure workforce development field offices were adequately funded and language was included in Senate File 517 directing Iowa Workforce Development to keep their current offices open. Governor Branstad ignored the bi-partisan work of the Legislature and vetoed funding for the centers and requirements that they remain open. The Iowa Supreme Court ruled the veto was unconstitutional today.

Statement from the Iowa Senate Democrats:

'This is a huge victory for Iowans hoping to find a job'
Senators pledge to work with Governor to reopen all offices
DES MOINES - The unanimous decision by the Iowa Supreme Court to overturn Governor Branstad's veto of a bipartisan effort to keep dozens of local workforce offices is a victory for tens of thousands of Iowans looking for a job, two key legislators said today.
Senator Bill Dotzler of Waterloo and Senator Daryl Beall of Fort Dodge, both plaintiffs on the lawsuit, pledged to work with the Governor to immediately reopen all workforce offices that were illegally closed.
"This is a huge victory for Iowans hoping to find a job," said Dotzler, the chair of the Senate Economic Development Budget Subcommittee.
"It was a mistake to close dozens of local workforce offices during a severe economic recession and when returning soldiers are looking for work," said Beall, chair of the Senate Veterans Committee. "Let's work together to fix that mistake."
Senate File 517 included specific funding to keep open dozens of local workforce offices that help unemployed Iowans find work. The legislation was approved with overwhelming, bipartisan support during the 2011 regular session. The state workforce offices help Iowans search for jobs, prepare for interviews, improve their skills and help businesses find qualified employees.

It's not going to be a "huge victory" if more Workforce Development services shut down. But key members of the House Appropriations Committee said they are willing to help find the funding needed (presumably through a supplemental appropriation).

"I'm ready to meet anytime, anywhere to make sure underemployed and unemployed Iowans have the resources they need to find a good-paying job," state Rep. Tyler Olson, D-Cedar Rapids, ranking member of the House Appropriations Committee, said in a statement. "Since the governor's illegal actions have invalidated $20 million we approved for our skilled work force needs last year, we should work together to take quick action on behalf of the 90,000 Iowans still looking for work."
Rep. Scott Raecker, R-Urbandale, chairman of the House Appropriations Committee, issued a statement through the House Republicans.
"With the announcement of the Supreme Court decision today, we will carefully review the opinion and work with the governor's office and our colleagues in the Senate to identify necessary next steps as it relates to the appropriations process and work force development," he said.

FINAL UPDATE: Branstad discussed supplemental funding for Iowa Workforce Development during his March 19 press conference:

"You can't recreate the past and it doesn't make any sense to try to recreate the past," Branstad said. "Many of these leases have, you know, expired and, in fact, we have a better system which is more efficient and providing better services and more access points."
Workforce Development officials set up an on-line system with "access points" in public libraries, community colleges, National Guard armories and other public sites. Workforce Development counselors are also available by phone on nights and on Saturdays to help out-of-work Iowans who're searching for a job. Still, some Democrats have said they want to reopen at least some of the 36 regional Workforce Development offices. Branstad's not ready to indicate whether that's something he'd approve as part of the emergency fix-it package for the agency.
"I'm not going to try to go into the details of that," Branstad told reporters this morning. "I'm just saying that the present system that we put in place is better and more efficient, has more access points, and it's available evenings and weekends and I don't want to see us go backwards, but I do want to work with the legislature to make sure that we have something that's more efficient and economical and that administratively can be managed with the resources provided."

Iowa Supreme Court hears arguments in Branstad line-item veto case

desmoinesdem — Wed, 22 Feb 2012 17:56:41 GMT

The Iowa Supreme Court held an unusual evening session on February 21 to hear oral arguments in Governor Terry Branstad's appeal of a district court ruling that declared two of his line-item vetoes illegal.
Danny Homan, president of the AFSCME labor union's chapter in Iowa, and five Democrats in the Iowa legislature filed the appeal last August. Iowa Workforce Development proceeded with closing 36 field offices during the summer and fall of 2011. District Court Judge Brad McCall ruled in December that Branstad acted improperly when he vetoed language defining an Iowa Workforce Development "field office" and language stating, "the department shall not reduce the number of field offices below the number of field offices being operated as of January 1, 2009." Bleeding Heartland summarized the key points in his decision here.

PDF files of briefs filed by both sides are available on the Iowa Supreme Court's website: click here for Branstad's appellant brief, here for the response from attorneys representing the plaintiffs, and here for the reply by Branstad's attorneys.

The governor's attorneys argue that Iowa's constitution gives the governor broad line-item veto authority.

Article III, Section 16 of the Iowa Constitution provides that the "governor may approve appropriation bills in whole or in part, and may disapprove any item of an appropriation bill." (emphasis added). Unlike Virginia, there is no prohibition on vetoing items that are interrelated with others. And unlike Minnesota, the veto is not limited to items that appropriate money. If a provision is an "item," it may be stricken.

Branstad's appeal relies heavily on the 1971 case Turner v. Iowa State Highway Commission.

Like here, several legislators disagreed with Governor Ray's veto. And like here, they asked the courts to intervene in the political dispute. The legislators argued that the office-closure provision was a "condition" on the Highway Commission appropriation and therefore not itself an "item" under the Iowa Constitution. Id. at 148-49. If Governor Ray disagreed with the office-closure provision-the legislators appeared to argue-he had to veto the Highway Commission appropriation as well.Id.
Not so, said this Court in a unanimous opinion. "The legislature may have intended to make [the office-closure provision] a condition, limitation or proviso on the expenditure of funds," but it failed to draft the bill that way. Id. at 153. The office-closure provision did not contain any conditional or limitation "language" or "phraseology." Id.at150. As such, it was a separate "item" subject to veto. Id.
Thus, the "judicial message" to the legislature was this: "[I]f it expects judicial intervention to be available when the Governor attempts to excise limitations or qualifications on appropriations through an item veto, the legislature must provide the court with clear language establishing the necessary legal foundation." Brent R. Appel, Item Veto Litigation in Iowa: Marking the Boundaries Between Legislative and Executive Power, 41 Drake L. Rev. 1,19 (1992) (emphasis added) (hereinafter, "Appel"). In other words, if the legislature wants to condition or limit an appropriation, it must "expressly" say so. Id. at 20.

Branstad's attorneys argue further that

If the legislature wants to create a condition, it can do so simply by expressly (1) identifying the appropriation and (2) stating how that appropriation is limited or conditioned.
The office-closure provision does neither. It states:
The department shall not reduce the number of field offices below the number of field offices being operated as of January 1,2009.

(App. 16). There is no mention of an appropriation and thus no express limitation or condition on an appropriation. Under Turner, this policy provision is a separate item subject to veto. [...]
From the beginning, there has been no question what this case is really about: The closure of Workforce Development field offices. Plaintiffs disagree with it, but they do not have the numbers in the General Assembly to override the Governor's veto, or the legal authority to prevent it. The office-closure provision does not expressly limit or condition an appropriation, and is thus a separate item.

Attorneys representing the plaintiffs responded,

The item veto power hinges on the definition of "item." In Turner v. Iowa State Highway Comm 'n, this Court acknowledged that the governor may constitutionally item veto nearly any item in an appropriation bill regardless of it being a monetary allocation. 186 N.W.2d 141, 149 (Iowa
1971). Consequently, as stated by this Court in Rants, "[t]his broad definition of an item requires a difficult calculation to ensure a proper balance between the executive and legislative branches." 684 N.W.2d at 205. In effort to ensure that balance, this Court has held that "the Governor may not selectively strike words and phrasesfrom 'conditions inextricably linked to an appropriation,' and, on the other hand, the legislature may not block [an] item veto by attaching 'unrelated riders' to an appropriation." Id. (quoting Welsh v. Branstad, 470 N.W.2d 644, 649 (Iowa 1991)). This court defined "condition" and "rider" in Colton v. Branstad, 372 N.W.2d 184, 189, 191 (Iowa 1985). A condition is "a provision in a bill that limits the use to which an appropriation may be put", while a rider is "an unrelated substantive piece of legislation incorporated in the appropriation bill." Id [...]
In defending his improper veto, Appellant continues to rely on Turner, the first item veto case decided in Iowa. Turner v. Iowa State Highway Comm., 186 N.W.2d 141 (Iowa 1971). His heavy reliance ignores the Iowa cases that have come since, the cases that have continued to shape the item veto discussion. As shown in his district court brief, oral argument, and again in his appellant brief, Appellant fails to acknowledge the difference between Turner and the case at hand. Under Welden, a condition may be item vetoed only if the accompanying appropriated money is also vetoed. Welden v. Ray, 229 N.W.2d 706 (Iowa 1975).

District Court Judge McCall ruled one of Branstad's disputed line-item vetoes constitutional. That language language attempted to prevent Iowa Workforce Development from using funds for the National Career Readiness Certificate program. The plaintiffs are asking the Iowa Supreme Court to overturn that portion of the district court ruling, while Branstad is seeking to have that portion affirmed.

Dar Danielson covered last night's oral arguments for Radio Iowa.

Richard Sapp presented the governor's case and told the justices that the veto was legal because the governor created an alternative to the "brick and mortar" field offices. He says the definition of what constituted a field office was not clearly laid out by the legislature in the bill, and said a definition has been the test since the first challenge of the item veto.
"Since 1971 the legislature has been on notice of what it must write if it intends to make something a condition," Sapp said. [...]
Justice Thomas Waterman asked Hedberg about the purpose of the item veto. "The intent of the framers of the item veto amendment was to give the governor more control over the budget than he'd have without it?," Waterman asked Hedberg, who replied yes. "And wouldn't you undermine that if you construed the item veto power so narrowly that he couldn't strike out a policy provision that would tie his hands on ways to save money, " Waterman asked.
Hedberg replied, "The item veto as I understand it was to prevent pork barrel politics is that fair enough? But I think in this case the governor vetoed the barrel and kept the pork for himself, that's the problem. And I think that's why you have got to veto the money. Because now you can take that $8.6-million and use it, distort it."

The Iowa Supreme Court will rule on the case later this year. Even if the justices uphold the lower-court ruling, it's hard to see Iowa Workforce Development reopening any of the 36 shuttered offices. The language Branstad may have improperly vetoed would have kept the offices open only through the 2012 fiscal year, which ends on June 30.

Branstad appointed four of the seven current Iowa Supreme Court justices. He named Chief Justice Mark Cady to the court in 1998, and he named Thomas Waterman, Ed Mansfield, and Bruce Zager last year.

UPDATE: From Jeff Eckhoff's story in the Des Moines Register:

"Since 1971, the Legislature has been aware of what it needs to write," Sapp said. "The question is why they didn't do that in this case."
Justice David Wiggins, sitting before a courtroom packed with legislators, seemed to jokingly dismiss Sapp's argument that any straying from the court's 1971 decision in a similar case would require judges to mysteriously divine the intent of politicians.
"We're here all the time trying to figure out what the Legislature said," Wiggins responded. "That's why we exist."
AFSCME attorney Mark Hedberg argued that the limiting language in the bill was limiting enough.
Sections stricken by Branstad included definitions requiring that "field offices" have employees, rather than provide mere electronic access, and a sentence that Workforce Development "shall not reduce the number of field offices below the number of field offices being operated as of Jan. 1, 2009."
The tie to Jan. 1, 2009, comes two sentences after the bill's section setting aside $8.67 million for field offices. The meaning is obvious, Hedberg argued: "If we're going to give you $8.6 million, here's how we want it spent."
However, Chief Justice Mark Cady noted that the paragraph was missing more blatant "provided that" language that would have placed a clearer condition on the money: "Shouldn't we have a standard requiring the Legislature to use that type of language if it's available?"

Who's who in the Iowa House for 2012

desmoinesdem — Fri, 13 Jan 2012 23:46:35 GMT

Although the 60 Republicans and 40 Democrats in the Iowa House haven't changed since last year, I thought it was worth updating this post, because some committee assignments have changed, and House Democrats reshuffled their ranking members somewhat.

Majority and minority leadership teams are after the jump, along with all members of standing House committees. All 100 House districts are on the ballot every two years, so I've noted the new district numbers for state representatives seeking re-election in 2012, as well as which House members have said they will retire after this year's legislative session.
Iowa House Republican leadership team

Speaker Kraig Paulsen (bio) was first elected in 2002 from district 35, covering suburban and rural areas in Linn County. He is up for re-election in the new House district 67.

Majority Leader Linda Upmeyer (bio) was first elected in 2002 from district 12, covering Franklin County and part of Cerro Gordo and Hancock. Redistricting put her in the new House district 8, but she is moving to the Clear Lake area to seek re-election in the new House district 54 instead. District 54 covers all of Franklin County and parts of Cerro Gordo and Butler Counties.

Speaker Pro Tem Jeff Kaufmann (bio) was first elected in 2004 from district 79, covering Cedar County and parts of Johnson and Muscatine. He is up for re-election in the new House district 73, covering all of Cedar County, a larger area in Johnson County and a tiny portion of Muscatine County.

Majority Whip Erik Helland (bio) was first elected in 2008 in House district 69, covering suburban and rural areas in Polk County. He is up for re-election in the new district 39, covering a smaller area in the northwest Polk County suburbs.

Assistant majority leaders: Matt Windschitl (bio was first elected in 2006 from district 56, covering Harrison County, most of Monona and part of Pottawattamie. He is up for re-election in the new district 17, covering all of Ida and Monona Counties and parts of Harrison and Woodbury Counties.

Renee Schulte (bio) was first elected in 2008 from district 37, covering part of Cedar Rapids in Linn County. She is up for re-election in the new House district 66, covering a similar area. Her likely opponent is Art Staed, the Democratic incumbent Schulte defeated in 2008.

Dave Deyoe (bio) was first elected in 2006 from district 10, covering most of Story County outside Ames and part of Hamilton County. He is up for re-election in the new House district 49, covering parts of Story and Hardin Counties.

Steve Lukan (bio) was first elected in 2002 from district 32, covering parts of Dubuque and Delaware counties. He decided not to seek re-election after the redistricting plan put him in Democratic-leaning House district 57.

Iowa House Democratic leadership team

Minority Leader Kevin McCarthy (bio) was first elected in 2002 from district 67, covering the southeast side of Des Moines. He served as House majority leader from 2007 through 2010 alongside House Speaker Pat Murphy. He is up for re-election in the new House district 33, also centered on the southeast side of Des Moines.

Assistant Minority Leaders: Ako Abdul-Samad (bio) was first elected in 2006 from district 66, covering much of central Des Moines in Polk County. He is up for re-election in the new House district 35, covering central and north-side neighborhoods in Des Moines.

Mary Mascher (bio) was first elected in 1994 from district 77, covering part of Iowa City in Johnson County. She is up for re-election in the new House district 86, covering a similar area.

Kirsten Running-Marquardt is the newest member of the House Democratic leadership team, replacing Sharon Steckman as assistant leader in November 2011. Running-Marquardt won a 2009 special election in district 33, covering part of Cedar Rapids. She is up for re-election in the new House district 69, covering part of Cedar Rapids as well as small towns and rural areas in southwestern Linn County.

Mark Smith (bio) was first elected in 2000 from district 43, covering northeastern Marshall County, including Marshalltown. He is up for re-election in the new House district 71, covering a similar area.

Rural Caucus Chair: Andrew Wenthe (bio) was first elected in 2006 from district 18, covering parts of Fayette, Bremer and Black Hawk Counties. He decided not to run for re-election in 2012 after the new map put him with fellow Democrat Roger Thomas in the new House district 55.

Rural Caucus Vice-Chair: Dan Muhlbauer (bio) was first elected in 2010 from district 51, covering Carroll County and parts of Sac and Crawford Counties. He is up for re-election in the new House district 12, covering all of Carroll and Audubon Counties and parts of Crawford.

Iowa House Standing Committees

Administration and Rules

Chair: Renee Schulte (see bio above)

Vice Chair: Dave Deyoe (see bio above)

Ranking member: Andrew Wenthe (see bio above)

Other members: Erik Helland (R), Jeff Kaufmann (R), Steve Lukan (R), Kraig Paulsen (R), Matt Windschitl (R), Linda Upmeyer (R), Andrew Abdul-Samad (D), Dennis Cohoon (D), Mary Mascher (D), Kevin McCarthy (D), Mark Smith (D)

Agriculture

Chair: Annette Sweeney (bio) was first elected in 2008 from district 44, covering Hardin County and most of Marshall outside Marshalltown. She is running for re-election in the new House district 50 and will face fellow incumbent Pat Grassley in the GOP primary.

Vice Chair: Lee Hein (bio) was first elected in 2010 from district 31, covering Jones County and parts of Dubuque County. He decided to move so that he could run for re-election in the new House district 96, covering all of Delaware County and part of Jones. (The redistricting plan paired Hein with another Republican incumbent in the new district 58.)

Ranking member: Helen Miller (bio) was first elected in 2002 from district 49, covering part of Webster County, including Fort Dodge. She is up for re-election in the new House district 9, covering a similar area.

Other members: Dwayne Alons (R), Clel Baudler (R), Betty DeBoef (R), Dave Deyoe (R), Cecil Dolecheck (R), Jack Drake (R), Dan Huseman (R), Brian Moore (R), Steve Olson (R), Ross Paustian (R), Dan Rasmussen (R), Tom Shaw (R), Curt Hanson (D), Chuck Isenhart (D), Dan Kelley (D), Dan Muhlbauer (D), Brian Quirk (D), Kurt Swaim (D), Roger Thomas (D), Andrew Wenthe (D)

Appropriations

Chair: Scott Raecker (bio) was first elected in 1998. During the last decade he represented district 63, covering most of Urbandale in Polk County. He is up for re-election in the new district 40, covering a similar area.

Vice Chair: Nick Wagner (bio) was first elected in 2008 from district 36, covering Marion and some rural areas of Linn County. He is up for re-election in the new House district 68, covering a similar area.

Ranking member: Tyler Olson (bio) was first elected in 2006 from district 38, covering part of Cedar Rapids in Linn County. He is up for re-election in the new House district 65, covering a similar area.

Administration and Regulation Appropriations Subcommittee Chair: Ralph Watts (bio) was first elected in 2002 from district 47, covering most of Dallas County and a small part of Boone County. He is up for re-election in the new House district 19, covering part of Dallas County and a small area in northern Polk County.

Administration & Regulation Appropriations Subcommittee ranking member: Dan Kelley (bio) was first elected in 2010 from district 41, covering most of Jasper County, including Newton. He is up for re-election in the new House district 29, covering a similar area.

Agriculture and Natural Resources Appropriations Subcommittee Chair: Jack Drake (bio) was first elected in 1992 from district 57, covering Shelby County and parts of Cass and Pottawattamie Counties. He is up for re-election in the new House district 21, covering all of Union and Adams Counties and parts of Cass and Pottawattamie Counties.

Agriculture & Natural Resources Appropriations Subcommittee ranking member: Dan Muhlbauer (see bio above)

Economic Development Appropriations Subcommittee Chair: Jason Schultz (bio) was first elected in 2008 from district 55, covering Ida County and parts of Woodbury, Crawford and Monona. He is up for re-election in the new House district 18, covering all of Shelby County and parts of Crawford and Harrison Counties.

Economic Development Appropriations Subcommittee ranking member: Chris Hall (bio) was first elected in 2010 from district 2, covering the northeast part of Sioux City in Woodbury County. He is up for re-election in the new House district 13, covering a similar area in Sioux City and part of rural Woodbury County.

Education Appropriations Subcommittee Chair: Cecil Dolecheck (bio) was first elected in 1996 from district 96, covering Montgomery, Adams, Taylor and Ringgold Counties and part of Union County. He is up for re-election in the new House district 24, covering Ringgold, Taylor and Page Counties and part of Montgomery County.

Education Appropriations Subcommittee ranking member: Cindy Winckler (bio) was first elected in 2002 from district 86, covering part of Davenport in Scott County. She is up for re-election in the new House district 90, covering a similar area.

Health and Human Services Appropriations Subcommittee Chair: Dave Heaton (bio) was first elected in 1994 from district 91, covering Henry County and part of Lee County. He is up for re-election in the new House district 84, covering Henry County and parts of Lee, Washington and Jefferson Counties.

Health & Human Services Appropriations Subcommittee ranking member: Lisa Heddens (bio) was first elected in 2002 from district 46, covering part of Story County, including the north side of Ames, and a small area in Boone County. The redistricting plan put her into the new House district 48, but Heddens decided to move into the new House district 46, covering part of Ames and Story County.

Justice Systems Appropriations Subcommittee Chair: Gary Worthan (bio) was first elected in 2006 in district 52, covering Buena Vista County and part of Sac County. He is up for re-election in the new House district 11, covering all of Buena Vista and Sac Counties.

Justice Systems Appropriations Subcommittee ranking member: Todd Taylor (bio) was first elected in a 1995 special election from House district 34, covering part of Cedar Rapids in Linn County. He is up for re-election in the new House district 70, covering a similar area.

Transportation, Infrastructure and Capitals Appropriations Subcommittee Chair: Dan Huseman (bio) was first elected in 1994 in House district 53, covering Cherokee county and parts of Plymouth and Woodbury Counties. He is up for re-election in the new House district 3, covering O'Brien and Cherokee Counties and parts of Sioux and Plymouth.

Transportation, Infrastructure and Capitals Appropriations Subcommittee ranking member: Dennis Cohoon (bio) was first elected to the Iowa House in 1986. For the last decade he has represented district 88, covering Burlington and part of eastern Des Moines County. He is up for re-election in the new House district 87, covering a similar area.

Other Appropriations Committee members: Julian Garrett (R), Chris Hagenow (R), Steve Lukan (R), Walt Rogers (R), Renee Schulte (R), Mary Gaskill (D), Chris Hall (D), Pat Murphy (D), Kirsten Running-Marquardt (D), Andrew Wenthe (D)

Commerce

Chair: Chuck Soderberg (bio) was first elected in 2004 from district 3, covering parts of Plymouth and Sioux Counties. He is up for re-election in the new House district 5, covering most of Plymouth and part of Woodbury Counties.

Vice Chair: Chip Baltimore (bio) was first elected in 2010 from district 48, covering most of Boone County and part of Dallas County. He is up for re-election in the new House district 47, covering most of Boone County and all of Greene County.

Ranking member: Brian Quirk (bio) was first elected in 2000 from district 15, covering Chickasaw and Howard Counties and part of Winneshiek County. He is up for re-election in the new House district 52, covering all of Chickasaw and Floyd Counties and a small part of Cerro Gordo.

Other members: Mark Brandenburg (R), Joel Fry (R), Pat Grassley (R), Lance Horbach (R), Stew Iverson (R), Ross Paustian (R), Dawn Pettengill (R), Tom Shaw (R), Jeff Smith (R), Nick Wagner (R), Ralph Watts (R), Matt Windschitl (R), Dave Jacoby (D), Anesa Kajtazovic (D), Bob Kressig (D), Jim Lykam (D), Dan Muhlbauer (D), Jo Oldson (D), Kurt Swaim (D)

Economic Growth/Rebuild Iowa

Chair: Pat Grassley (bio) was first elected in 2006 from district 17, covering Butler County and part of Bremer. He is up for re-election in the new House district 50, where he has been paired with fellow Republican Annette Sweeney.

Vice Chair: Mary Ann Hanusa (bio) was first elected in 2010 from district 99, covering part of Council Bluffs. She is up for re-election in the new House district 16, also covering part of Council Bluffs.

Ranking member: Roger Thomas (bio) was first elected to the Iowa House in 1996. For the past decade he represented district 24, covering Clayton County and parts of Delaware and Fayette. He is up for re-election in the new House district 55, covering parts of Winneshiek, Fayette and Clayton Counties.

Other members: Rich Anderson (R), Chip Baltimore (R), Josh Byrnes (R), Betty DeBoef (R), Bob Hager (R), Mark Lofgren (R), Steve Lukan (R), Dan Rasmussen (R), Jeff Smith (R), Jason Schultz (R), Chuck Soderberg (R), Chris Hall (D), Lisa Heddens (D), Dave Jacoby (D), Helen Miller (D), Kirsten Running-Marquardt (D), Sharon Steckman (D), John Wittneben (D)

Education

Chair: Greg Forristall (bio) was first elected in 2006 from district 98, covering parts of Pottawattamie and Mills Counties. He is up for re-election in the new House district 22, covering most of Pottawattamie County outside Council Bluffs.

Vice Chair: Jeremy Taylor (bio) was first elected in 2010 from district 1, covering the western part of Sioux City in Woodbury County. He is up for re-election in the new district 13, covering the eastern part of Sioux City and some rural areas in Woodbury County.

Ranking member: Sharon Steckman (bio) was first elected in 2008 from district 13, covering part of Cerro Gordo County, including Mason City. She is up for re-election in the new House district 53, covering a similar area.

Other members: Josh Byrnes (R), Royd Chambers (R), Peter Cownie (R), Cecil Dolecheck (R), Mary Ann Hanusa (R), Ron Jorgensen (R), Kevin Koester (R), Mark Lofgren (R), Linda Miller (R), Kim Pearson (R), Renee Schulte (R), Annette Sweeney (R), Ako Abdul-Samad (D), Dennis Cohoon (D), Ruth Ann Gaines (D), Curt Hanson (D), Dan Kelley (D), Mary Mascher (D), Cindy Winckler (D)

Environmental Protection

Chair: Steve Olson (bio) was first elected in 2002 from district 83, including parts of Scott and Clinton counties. He is up for re-election in the new House district 97, covering a large area of Clinton County.

Vice Chair: Bob Hager (bio) was first elected in 2010 from district 16, covering Allamakee and part of Winneshiek County. He is up for re-election in the new House district 56, covering Allamakee and most of Clayton County.

Ranking member: Chuck Isenhart (bio) was first elected in 2008 in district 27, covering part of Dubuque. He is up for re-election in the new House district 100, covering a similar area.

Other members: Josh Byrnes (R), Betty DeBoef (R), Dave Deyoe (R), Cecil Dolecheck (R), Lee Hein (R), Jarad Klein (R), Brian Moore (R), Ross Paustian (R), Tom Sands (R), Jason Schultz (R), Chuck Soderberg (R), Dan Kelley (D), Vicki Lensing (D), Mark Smith (D), Sharon Steckman (D), Phyllis Thede (D), Beth Wessel-Kroeschell (D), Cindy Winckler (D)

Ethics

Chair: Kevin Koester (bio) was first elected in 2008 from district 70, covering Ankeny in Polk County. He is up for re-election in the new House district 38, covering a large part of northeast Polk County.

Vice Chair: Scott Raecker (see bio above)

Ranking member: Phyllis Thede (bio), first elected in 2008 from district 81, covering part of Bettendorf and Davenport in Scott County. She is up for re-election in the new House district 93, covering less of Davenport and a larger area of Bettendorf.

Other members: James Van Engelenhoven (R), Dan Kelley (D), Mark Smith (D)

Government Oversight

Chair: Chris Hagenow (bio) was first elected in 2008 from district 59, covering some of the western Des Moines suburbs in Polk County. He is up for re-election in the new House district 43, covering a similar area.

Vice Chair: Chip Baltimore (see bio above)

Ranking member: Janet Petersen (bio) was first elected in 2000 from district 64, covering part of the west side of Des Moines in Polk County. She decided to run for the new Senate district 18 in 2012 instead of seeking another term in the House.

Other members: Clel Baudler (R), Kim Pearson (R), Dawn Pettengill (R), David Tjepkes (R), Ruth Ann Gaines (D), Bob Kressig (D)

Human Resources

Chair: Linda Miller (bio) was first elected in 2006 from district 82, covering part of Bettendorf in Scott County. She is up for re-election in the new House district 94, covering a similar area.

Vice Chair: Joel Fry (bio) was first elected in 2010 from district 95, covering Union, Clarke and Decatur Counties. He is up for re-election in the new House district 27, covering Clarke, Decatur, and Wayne Counties, and part of Lucas County.

Ranking member: Beth Wessel-Kroeschell (bio) was first elected in 2004 from district 45, covering most of Ames in Story County. She is up for re-election in the new House district 45, covering a similar area.

Other members: Richard Anderson (R), Mark Brandenburg (R), Julian Garrett (R), Dave Heaton (R), Stew Iverson (R), Ron Jorgensen (R), Kevin Koester (R), Mark Lofgren (R), Glen Massie (R), Renee Schulte (R), Ako Abdul-Samad (D), Lisa Heddens (D), Bruce Hunter (D), Mary Mascher (D), Janet Petersen (D), Mark Smith (D), Cindy Winckler (D), Mary Wolfe (D)

Judiciary

Chair: Rich Anderson (bio) was first elected in 2004 from district 97, covering Page and Fremont Counties and much of Mills County. He decided not to run for re-election in 2012.

Vice Chair: Chip Baltimore (see bio above)

During the 2011 legislative session, Kim Pearson was the vice chair of this committee, but she and House Republican leaders had a lot of friction. Pearson is not seeking re-election in the new House district 30 in 2012.

Ranking member: Mary Wolfe (bio) was first elected in 2010 in district 26, covering part of Clinton County, including the city of Clinton. She is up for re-election in the new House district 98, covering a similar area.

Other members: Dwayne Alons (R), Julian Garrett (R), Chris Hagenow (R), Dave Heaton (R), Jeff Kaufmann (R), Glen Massie (R), Kim Pearson (R), Walt Rogers (R), Jeremy Taylor (R), David Tjepkes (R), Ruth Ann Gaines (D), Vicki Lensing (D), Jo Oldson (D), Rick Olson (D), Tyler Olson (D), Mark Smith (D), Kurt Swaim (D), Beth Wessel-Kroeschell (D)

Labor

Chair: Lance Horbach (bio) was first elected in 1998 from district 40, covering Grundy County and most of Tama. He has decided not to seek re-election in 2012, leaving the new House district 72 open.

Vice Chair: Jarad Klein (bio) was first elected in 2010 from district 89, covering Washington County and parts of Johnson and Jefferson Counties. He is up for re-election in the new House district 78, covering all of Keokuk County and most of Washington County.

Ranking member: Bruce Hunter (bio) was first elected in 2003 (special election) from district 62, covering part of the south side of Des Moines in Polk County. He is up for re-election in the new House district 34, covering downtown Des Moines and part of the south side.

Other members: Mark Brandenburg (R), Dave Deyoe (R), Greg Forristall (R), Mary Ann Hanusa (R), Ron Jorgensen (R), Linda Miller (R), Brian Moore (R), Jason Schultz (R), Ralph Watts (R), Jerry Kearns (D), Pat Murphy (D), Kirsten Running-Marquardt (D), Todd Taylor (D), Nate Willems (D)

Local Government

Chair: Nick Wagner (see bio above)

Vice Chair: Jeff Smith (bio) was first elected in 2010 to district 6, covering all of Dickinson County and part of Clay County. He is up for re-election in the new House district 1, covering all of Lyon and Osceola Counties and part of Dickinson.

Ranking member: John Wittneben (bio) was first elected in 2010 from district 7, covering Palo Alto and Emmet Counties and part of Kossuth County. He is up for re-election in the new district 7, covering all of Emmet and Winnebago Counties and part of Kossuth County.

Other members: Rich Arnold (R), Chip Baltimore (R), Bob Hager (R), Erik Helland (R), Lance Horbach (R), Jarad Klein (R), Kim Pearson (R), Henry Rayhons (R), David Tjepkes (R), James Van Engelenhoven (R), Deborah Berry (D), Ruth Ann Gaines (D), Mary Gaskill (D), Anesa Kajtazovic (D), Jerry Kearns (D), Bob Kressig (D), Kirsten Running-Marquardt (D), Phyllis Thede (D)

Natural Resources

Chair: Henry Rayhons (bio) was first elected to the Iowa House in 1996. For the past decade he represented district 11, covering Winnebago and Worth Counties and part of Hancock County. He is up for re-election in the new House district 8, covering Wright and Hancock Counties and part of Kossuth County.

Vice Chair: Jeff Smith (see bio above)

Ranking member: Curt Hanson (bio) was first elected in the 2009 special election from district 90, covering Van Buren County, most of Jefferson and part of Wapello County. He is up for re-election in the new House district 82, covering Davis and Van Buren Counties and most of Jefferson County.

Other members: Rich Arnold (R), Clel Baudler (R), Joel Fry (R), Bob Hager (R), Mark Lofgren (R), Steve Lukan (R), Dan Rasmussen (R), Annette Sweeney (R), James Van Engelenhoven (R), Guy Vander Linden (R), Mary Gaskill (D), Chris Hall (D), Dan Kelley (D), Jim Lykam (D), Helen Miller (D), Sharon Steckman (D), Phyllis Thede (D), John Wittneben (D)

Public Safety

Chair: Clel Baudler (bio) was first elected in 1998 from district 58, covering Guthrie, Audubon and Adair Counties and part of Cass County. He is up for re-election in the new House district 20, covering all of Guthrie and Adair Counties and parts of Cass and Dallas Counties.

Vice Chair: Tom Shaw (bio) was first elected in 2010 from district 8, covering Pocahontas and Humboldt Counties and part of Kossuth County. He is up for re-election in the new House district 10, covering Humboldt, Pocahontas and Calhoun Counties and part of Webster County.

Ranking member: Bob Kressig (bio) was first elected in 2004 from district 19, covering most of Cedar Falls and some rural areas in Black Hawk County. He is up for re-election in the new House district 59, covering a similar area.

Other members: Dwayne Alons (R), Mark Brandenburg (R), Joel Fry (R), Chris Hagenow (R), Jarad Klein (R), Steve Olson (R), Henry Rayhons (R), Tom Sands (R), David Tjepkes (R), Matt Windschitl (R), Gary Worthan (R), Ako Abdul-Samad (D), Deborah Berry (D), Ruth Ann Gaines (D), Dan Muhlbauer (D), Rick Olson (D), Kurt Swaim (D), Mary Wolfe (D)

State Government

Chair: Peter Cownie (bio) was first elected in 2008 from district 60, covering part of West Des Moines. He is up for re-election in the new House district 42, covering parts of Des Moines and West Des Moines.

Vice Chair: Guy Vander Linden (bio) was first elected in 2010 from district 75, covering parts of Mahaska and Poweshiek Counties. He is up for re-election in the new House district 79, covering most of Mahaska County and the Pella area of Marion County.

Ranking member: Vicki Lensing (bio) was first elected in 2000 from district 78, covering part of Iowa City in Johnson County. She is up for re-election in the new House district 85, covering a similar area.

Other members: Jack Drake (R), Lee Hein (R), Erik Helland (R), Stew Iverson (R), Ron Jorgensen (R), Jeff Kaufmann (R), Kevin Koester (R), Glen Massie (R), Dawn Pettengill (R), Scott Raecker (R), Walt Rogers (R), Renee Schulte (R), Mary Gaskill (D), Bruce Hunter (D), Chuck Isenhart (D), Anesa Kajtazovic (D), Mary Mascher (D), Brian Quirk (D), Todd Taylor (D), Andrew Wenthe (D)

Transportation

Chair: David Tjepkes (bio) was first elected in 2002 from district 50, covering Calhoun and Greene Counties and part of Webster County. He decided not to seek re-election in 2012 after the redistricting plan paired him with fellow Republican Tom Shaw in the new House district 10.

Vice Chair: Glen Massie (bio) was first elected in 2010 in district 74, covering most of Warren County. He has not confirmed whether he will seek re-election in the new House district 26, also covering most of Warren County.

Ranking member: Jim Lykam (bio) was first elected in 2002 from district 85, covering part of Davenport in Scott County. He is up for re-election in the new House district 89, covering a similar area.

Other members: Rich Arnold (R), Julian Garrett (R), Dan Huseman (R), Stew Iverson (R), Kim Pearson (R), Dan Rasmussen (R), Walt Rogers (R), James Van Engelenhoven (R), Ralph Watts (R), Matt Windschitl (R), Gary Worthan (R), Dennis Cohoon (D), Chris Hall (D), Curt Hanson (D), Pat Murphy (D), Janet Petersen (D), Andrew Wenthe (D), Mary Wolfe (D)

Veterans Affairs

Chair: Royd Chambers (bio), first elected in 2002 from district 5, covering Osceola and O'Brien Counties and parts of Clay and Sioux Counties. He has decided to retire in 2012; the redistricting plan paired him with fellow Republican Dan Huseman in the new House district 3.

Vice Chair: Guy Vander Linden (see bio above)

Ranking member: Jerry Kearns (bio) was first elected in 2008 from district 92, covering part of Lee County including Keokuk and Fort Madison. He is up for re-election in the new House district 83, covering a similar area.

Other members: Dwayne Alons (R), Mary Ann Hanusa (R), Steve Lukan (R), Henry Rayhons (R), Tom Shaw (R), Annette Sweeney (R), Jeremy Taylor (R), Deborah Berry (D), Lisa Heddens (D), Dan Muhlbauer (D), Roger Thomas (D), John Wittneben (D)

Ways and Means

Chair: Tom Sands (bio) was first elected in 2002 from district 87, covering Louisa County and part of Des Moines County. He is up for re-election in the new House district 88, covering all of Louisa County and large parts of Des Moines and Muscatine Counties.

Vice Chair: Josh Byrnes (bio) was first elected in 2010 in district 14, covering Mitchell County and parts of Floyd and Cerro Gordo. He is up for re-election in the new House district 51, covering Worth, Mitchell, and Howard Counties, and part of Winneshiek.

Ranking member: Dave Jacoby (bio) was first elected in 2002 from district 30, covering Coralville and North Liberty in Johnson County. He is up for re-election in the new House district 74, covering a similar area.

Other members: Peter Cownie (R), Betty DeBoef (R), Greg Forristall (R), Pat Grassley (R), Lee Hein (R), Erik Helland (R), Jeff Kaufmann (R), Brian Moore (R), Ross Paustian (R), Dawn Pettengill (R), Chuck Soderberg (R), Jeremy Taylor (R), Guy Vander Linden (R), Chuck Isenhart (D), Anesa Kajtazovic (D), Jerry Kearns (D), Dan Muhlbauer (D), Jo Oldson (D), Janet Petersen (D), Brian Quirk (D), Roger Thomas (D), Nate Willems (D)

Administrative Rules Review

Five Iowa House and five Iowa Senate members serve on this committee.

Chair: Democratic State Senator Wally Horn

Vice Chair: Dawn Pettengill (bio) was first elected in 2004 as a Democrat in district 39, covering Benton County and part of Iowa County. She switched to the Republican caucus in 2007. She is up for re-election in the new House district 75, covering a similar area. During the 2011 legislative session, Pettengill chaired the Administrative Rules Review Committee.

Other members: Senator Merlin Bartz (R), Senator Tom Courtney (D), Senator Jack Kibbie (D), Senator James Seymour (R), State Representative Dave Heaton (R), State Representative Jo Oldson (D), State Representative Rick Olson (D), State Representative Guy Vander Linden (R)

District court finds Branstad line-item veto unconstitutional

desmoinesdem — Thu, 08 Dec 2011 23:50:31 GMT

Polk County District Court Judge Brad McCall has upheld a legal challenge to Governor Terry Branstad's veto of language intended to keep Iowa Workforce Development offices open across the state. Excerpts from the court ruling and background on the controversy are after the jump.
Background: Iowa Workforce Development officials announced plans early this year to close most of the agency's 55 field offices around the state. The state budget for fiscal year 2012 included $3 million in funding designated for keeping all Iowa Workforce Development field offices open, but Branstad used his line-item veto power to reject that language in July. Democratic state legislators and the president of AFSCME in Iowa filed a lawsuit in August, claiming that the governor cannot veto language on the Iowa Workforce Development offices without vetoing the appropriation as well.

Judge McCall found that two of the challenged line-item vetoes exceeded the governor's authority. The full 16-page ruling is here (pdf). On pages 2 through 5, the judge noted the difference between "riders" attached to appropriations bills, which the governor may veto, as opposed to "conditions" attached to appropriations, which can be vetoed only if the governor also vetoes the relevant appropriation.

Pages 6 through 9 of the ruling deal with the core issue in this lawsuit. Judge McCall found that the language Branstad vetoed ("the department shall not reduce the number of field offices below the number of field offices being operated as of January 1, 2009") was "inseparably connected" to an appropriation of $8,660,480, which Branstad did not veto.

Had the legislature not placed this limitation on the number of field offices it was financing, it may have allocated less money for their operation. "The Governor [can] not let the appropriation stand yet nullify the condition upon which the legislators gave their consent to the expenditure."32
This affirmative qualification on the appropriated funds could not be vetoed by the Governor without a veto of the corresponding appropriation. Accordingly, Governor Branstad's attempted item vetoes of Division I, Section 15, paragraph 3(c), and of Division IV, Section 61, paragraph 3(c), were improper and ineffective.

Judge McCall also rejected Branstad's item veto of language defining "field office" for Iowa Workforce Development. Lawmakers required that a field office employ a staff person and excluded from the definition "a workforce development center maintained by electronic means."

Read in the context in which they were enacted, the legislative limitations embodied in the definitions contained in the vetoed provisions were clearly intended by the legislature to apply directly to the funds appropriated "for the operation of field offices". With the use of the phrase "in this section" the legislature evinced an intent to place restrictions on the use of the appropriations it made earlier in the section. Moreover, if the definitions contained in Section 15, paragraph 5, were vetoed, eliminating any statutory definition for a "field office", the appropriation contained in Section 15, paragraph 3 "for the operation of field offices" would be meaningless. [...]
In the context in which they were included in SF 517 the definitions for "field office" and "workforce development center" constituted qualifications and limitations on the use of the funds specifically appropriated "for the operation of field offices". To allow those definitions to be stricken would empower the governor to "distort, frustrate or defeat the legislative purpose. . . He would thereby create new law, and this power is vested in the Legislature and not in the Governor." 39
Because he failed to veto the $8,660,480 appropriation conditioned by the definitions in Division I and the $4,330,240 appropriation conditioned by the definitions in Division IV, Governor Branstad's item vetoes of Division I, Section 15, paragraph 5 and Division IV, Section 61, paragraph 5, were ineffective.

Finally, Judge McCall supported Branstad's position regarding a line-item veto of language seeking to prevent Iowa Workforce Development from using funds for the National Career Readiness Certificate program.

Unlike the two vetoed limitations discussed above, which were specifically limited and tied only to the appropriation "for the operation of field offices", the restriction on the use of appropriations contained in Section 20 is linked to all of the different and unrelated appropriations made to the Department of Workforce Development. Thus, while it is not related to many of the appropriations to which it is attached, if it is a "condition" and not a separate item the Governor would be forced to veto all of the unrelated appropriations to legitimately veto this restriction. The concept of an "item" in an appropriation bill must be interpreted to avoid such a result.45
Although this provision places explicit qualifications and limitations on the use of the appropriated funds, it is overly broad in the appropriated funds to which it is attached. It therefore must be considered to be a rider, and not an item, for item veto analysis purposes. Accordingly, Governor Branstad's item vetoes of Division I, Section 20 and of Division IV, Section 66, were effective and should be upheld.

Branstad's office released the following statement today:

"We respectfully disagree with the decision of the District Court. Historically, item veto cases are eventually decided by the Iowa Supreme Court. This is the first step. The item veto is a power given to the governor by our constitution to control spending in appropriation bills. We are studying the ruling and considering next steps."

State Representatives Dave Jacoby, Kirsten Running-Marquardt, and Bruce Hunter, who were co-plaintiffs in the lawsuit, released this statement:

"Governor Branstad clearly overstepped his authority when he shut down 36 local centers where Iowans go to find a job and we are pleased the court agreed with us. Unfortunately, thousands of Iowans looking for good-paying jobs are still suffering from Governor Branstad's reckless actions. I hope the Governor takes this ruling to heart and, instead of proclaiming himself to be the 'sheriff', is now willing to work with us to strengthen the middle class and put Iowans back to work."

I assume the governor will appeal this ruling, since Iowa Workforce Development has already shut down 36 of the field offices, and Branstad has highly praised the transition to a wider network of computer terminals for unemployed Iowans to access services online.

Even if higher courts uphold Judge McCall's decision, the process will take months. It is hard to imagine Iowa Workforce Development reopening the shuttered field offices.

Whatever the outcome of this litigation, today's court ruling will provide an additional talking point for Democrats who have bashed the Branstad administration's actions in this area. Many potentially competitive Iowa House and Senate districts include communities that have lost Iowa Workforce Development field offices this year.

P.S. McCall's decision relies heavily on prior court rulings regarding the item veto power. It's a good example of why a Republican bill that would have barred judges from using judicial precedent or case law "as a basis for rulings" was one of the stupidest ideas I've ever heard from an Iowa legislator. Incidentally, the state representative who introduced that bill, Jason Schultz, may face a former Iowa Workforce Development field office employee in the 2012 general election.

UPDATE: Iowa Senate Democrats welcomed the court ruling with this statement:

DES MOINES (Dec. 8, 2011) - A court decision today overturning Governor Branstad's veto of a bipartisan effort to keep dozens of local workforce offices open is a victory for tens of thousands of Iowans still looking for a job, two key legislators said today.
"This is a huge victory for Iowans hoping to find a job," said State Senator Bill Dotzler of Waterloo, a plaintiff on the lawsuit.
"As Iowans were attempting to recover from the worst national recession since World War II, the Governor's decision to close dozens of local workforce offices could not have come at a worse time," said State Senator Daryl Beall of Fort Dodge, a plaintiff on the lawsuit. "The Governor has the authority to line-item veto legislation, but he can't then keep the money. This is a political and policy issue that affects the lives of Iowans, but it's also a constitutional issue. The Court ruled that the Governor's veto was unconstitutional."
Senate File 517 included specific funding to keep open dozens of local workforce offices that help unemployed Iowans find work. The legislation was approved with overwhelming, bipartisan support during the 2011 regular session. The state workforce offices help Iowans search for jobs, prepare for interviews, improve their skills and help businesses find qualified employees.
Dotzler and Beall pledged to work with the Governor to expedite the reopening of the workforce offices that were illegally closed.

AFSCME Council 61 President Danny Homan called on the Branstad administration to reopen the offices immediately, but the governor's communications director Tim Albrecht confirmed that the offices will remain closed pending appeal of Judge McCall's decision.

Democrats sue over Branstad veto on Iowa Workforce Development offices

desmoinesdem — Thu, 25 Aug 2011 13:29:21 GMT

Four Democratic state legislators and the leader of Iowa's largest public employee union filed a lawsuit yesterday challenging Governor Terry Branstad's line-item veto of a provision barring Iowa Workforce Development from closing 36 of its 55 field offices around the state.

UPDATE: Further details are at the end of this post.
Iowa Workforce Development announced plans six months ago to close most of its field offices. Instead, the agency will set up hundreds of "locally enhanced access points" at locations such as public libraries, community and private colleges, county courthouses and Veterans Affairs offices. Iowa Senate Democrats strongly opposed the reorganization, and plans nearly derailed Teresa Wahlert's confirmation as director of Iowa Workforce Development. Many Iowa House Republicans also opposed the office closures, which affected cities and towns in their districts.

In late June, the Iowa House and Senate approved an economic development appropriations bill including funds and language designed to keep all 55 Workforce Development field offices open through the end of the 2012 fiscal year (June 30, 2012). Branstad vetoed that language, saying it "would prohibit Iowa Workforce Development from putting forth an enhanced delivery system that broadens access to Iowans across the state in fiscal year 2012." However, Branstad did not veto the $3 million that legislators allocated to cover operating costs for the field offices.

Iowa House and Senate Democrats sought unsuccessfully to call a special legislative session to override Branstad's veto. Republican lawmakers blocked that effort.

Five plaintiffs filed suit yesterday in Polk County District Court: Danny Homan, president of the American Federation of State County and Municipal Employees Iowa Council 61; State Senator Bill Dotzler of Waterloo; State Representative Bruce Hunter of Des Moines; State Representative Dave Jacoby of Coralville; and State Representative Kirsten Running-Marquardt of Cedar Rapids. They are represented by a prominent labor attorney, Mark Hedberg. Dotzler was the Iowa Senate's most vocal critic of plans to close the workforce development offices. Jacoby is the ranking member of the Iowa House Ways and Means Committee and serves on the State Workforce Development Board. He has expressed concern over the office-closing plan and the process by which it was adopted. Hunter is the ranking Democrat on the Iowa House Labor Committee.

The lawsuit asserts that the governor exceeded his authority by blocking language on keeping the Iowa Workforce Development offices open but not the $3 million appropriation for that purpose. (NOTE: See update at the bottom of this post.) Excerpt from the court filing:

11. Defendant Governor purported to exercise a line-item veto as to certain provisions of [Senate File] 517 as indicated by this brackets and initialed portions set forth in Exhibit A, and as described in his veto message delivered to the Iowa Secretary fo State of July 27, 2011, a copy of which is attached hereto and marked as Exhibit B.
12. As demonstrated by its content, SF 517 is an appropriations bill, in each instance the provisions vetoed, as indicated by the Defendant Governor's strike brackets and initials, constitute conditions or restrictions on the appropriations made in SF 517. None of the appropriations that were conditioned and restricted by the vetoed provisions, however, were vetoed.
13. Since the appropriations that were to be conditions and restricted by these vetoed provisions were not vetoed, the Defendant Governor's exercise of his item veto power is in violations of limits that were recognized by the Iowa Supreme Court in Rants v Vilsack, 684 N.W.2d 198, 206-207 {Iowa 2004}. [...]
15. Since the Defendant Governor's attempted use of Gubernatorial Item Veto powers, as set out in the Iowa Constitution, to strike from SF 517 language that, in each instance, clearly constituted a condition and/or restrictinos on the various items of appropriations involved, and thus beyond the Governor's Constitutional powers and authority that he had sworn to uphold, a fact of which he knew or reasonably should have known, these purported item vetoes were ineffective, null and void. Accordingly, SF 517 became law as passed, enrolled and submitted to the Governor on June 30, 2011, by the Eighty-Fourth General Assembly, including the provisions the Governor attempted to strike from the bill by improperly using the item veto provisions of the Iowa Constitution.

Speaking to the Des Moines Register, Branstad's communications director Tim Albrecht characterized the lawsuit as "political chest-thumping and political posturing from Danny Homan [...] The governor has full authority to carry out this action." Speaking of political posturing, Homan made a good point in an AFSCME press release on August 22. Speaking about what kind of ammunition Iowans can use to hunt doves, Branstad told reporters, "We need to respect the intent of the legislature and an issue of this magnitude should be decided by the legislature." Yet Homan noted that Branstad ignored bipartisan legislative intent to keep Iowa Workforce Development field offices open.

The plaintiffs have asked the court to expedite hearings on this case. Iowa Workforce Development has already laid off staff and closed some offices, with others closing by the end of December. At the end of this post I've listed all 36 field offices on the chopping block.

The plaintiffs cite a 2004 case Republican Iowa House Speaker Chris Rants filed against Democratic Governor Tom Vilsack. That lawsuit stemmed from an economic development bill, which created the Iowa Values Fund. Vilsack vetoed language cutting income taxes and changing business regulations. Rants maintained that the governor's line-item veto power extended only to appropriations bills, not policy measures. In a unanimous ruling, the Iowa Supreme Court struck down the entire bill because of Vilsack's "unconstitutional action."

The current lawsuit clearly relates to an appropriations bill, but the plaintiffs belief the Rants v Vilsack precedent applies because Branstad vetoed policy language in that bill.

Share any relevant thoughts in this thread.

The 36 Iowa Workforce Development offices to be closed are located in the following cities and towns: Algona, Ames, Atlantic, Boone, Centerville, Charles City, Cherokee, Clarinda, Clinton, Denison, Emmetsburg, Estherville, Fairfield, Glenwood, Harlan, Humboldt, Iowa Falls, Keokuk, Manchester, Maquoketa, Mt. Pleasant, Muscatine, New Hampton, Newton, Oelwein, Orange City, Osceola, Oskaloosa, Pella, Perry, Pocahontas, Red Oak, Shenandoah, Storm Lake, Washington and Waverly. The 16 remaining "regional one-stop offices" will be located in Burlington, Carroll, Cedar Rapids, Council Bluffs, Creston, Davenport, Decorah, Des Moines, Dubuque, Fort Dodge, Marshalltown, Mason City, Ottumwa, Sioux City, Spencer and Waterloo. Three satellite locations with reduced Iowa Workforce Development services will stay open in Fort Madison, Iowa City and Webster City.

UPDATE: Forgot to add that no matter what happens with the Iowa Workforce Development offices, I think it would be valuable for Iowa courts to determine whether the governor can veto language restricting the use of an appropriation without vetoing the appropriation itself. This may not be the last time Branstad seeks to redirect funding with strings attached. Democratic State Senator Jack Hatch has said that when next year's budget bills are drafted, he plans to be more specific about how state agencies can spend money. That's because the Department of Inspections and Appeals declined to hire additional nursing home inspectors for the current budget year. Legislators allocated $650,000 for that purpose but didn't spell it out in the health and human services appropriations bill for fiscal year 2012.

UPDATE: Christina Crippes reports for the Burlington Hawk Eye:

IWD spokeswoman Kerry Koonce said the department does not comment on pending litigation, but both the Mount Pleasant and Keokuk offices are scheduled for closure on Aug. 31.
In fact, those two offices essentially already have been shuttered in advance of the target date. [...]
"It is my understanding that there has been a noticeable increase in the amount of persons at the Fort Madison office," Fife-LaFrenz said. "Currently, there is no (workforce training) class being offered in Fort Madison. It defeats the reason that we worked so hard to get an office to stay open in Lee County."
Fife-LaFrenz said she did not know whether classes would begin to be offered or if Lee County residents would have to continue to drive to the Burlington office for training. [...]
There are access points in Lee County at the Keokuk, Fort Madison, Donnellson, West Point and Montrose libraries, as well as at God's Way Christian Center, 1629 Des Moines St. in Keokuk. More sites are expected to go online soon, including at Southeastern Community College southern campus in Keokuk.
"The (federally funded) Workforce Investment Act will have a presence in Keokuk at the SCC campus in the enrollment services office, for those individuals looking for assistance with job training," said Iowa Works Region 16 Director Deb Dowell.
She said the job training staff will not be able to assist with the computer access points, which will be located outside the SCC enrollment services office.
In Henry County, computer access point services will continue to be offered at the Fellowship Cup, 203 N. Jefferson St., in Mount Pleasant, and at the Salem library. More sites also are expected to go online soon, including at the SCC center in Mount Pleasant and at the Iowa Wesleyan campus.

SECOND UPDATE: Branstad told reporters on August 29 that he's "very confident" of winning the lawsuit.

"I think we're in a very strong position in terms of winning," Branstad says. "...The constitution clearly says the governor has authority to veto items in appropriations bills."
But Senator Bill Dotzler, a Democrat from Waterloo who is part of the lawsuit, says Branstad didn't veto all the money for operating those 37 offices, just a fraction of it.
"I don't think he knows exactly what he vetoed," Dotzler said. "I mean, he did veto $3.5 million, but it takes about $15 (million) to keep all those offices open."
Dotzler says Branstad needs to tell Iowans what he plans to do with the rest of the money legislators set aside to run those satellite Workforce Development offices.
"By the governor vetoing the $3.5 million, he did make it much more difficult to keep all the offices open," Dotzler says. "but he didn't veto the whole appropriation."

The original news stories about this lawsuit suggested that Branstad vetoed plans for using that $3.5 million but not the appropriation itself. If he did veto the money connected to language on keeping all the field offices open, he's probably on stronger legal ground.

Iowa House passes pro-nuclear bill; Senate prospects unclear

desmoinesdem — Thu, 28 Apr 2011 16:27:33 GMT

After more than five hours of debate, the Iowa House on April 26 approved a bill to let MidAmerican Energy charge consumers for costs associated with a nuclear reactor it may or may not build in the coming decade. House File 561 passed 68 to 30. All Republicans present except two voted yes, joined by 12 House Democrats: Deborah Berry (district 22), Chris Hall (district 2), Minority Leader Kevin McCarthy (district 67), Dan Muhlbauer (district 51), Pat Murphy (district 28), Rick Olson (district 68), Brian Quirk (district 15), Mark Smith (district 43), Phyllis Thede (district 81), Andrew Wenthe (district 18), John Wittneben (district 7) and Mary Wolfe (district 26). The remaining 29 House Democrats voted against the bill. Two Republicans voted no: Guy Vander Linden (district 75) and Kim Pearson (district 42).

Details on the House debate and efforts to amend the bill are after the jump, along with some speculation about its prospects in the Senate and thoughts about the coalitions lobbying for and against it.
An unusually large number of amendments were submitted to House File 561. Many came from Democrats seeking more protection for consumers, more obligations for MidAmerican, or further study of the risks, costs and benefits of nuclear power. Most of the Democratic amendments failed by voice vote or nearly along party lines if roll call was taken. The House Journal for April 26 lists the amendments in the order considered and includes the roll calls. Most of the Democrats who voted for final passage of House File 561 supported amendments to improve this very bad bill during the floor debate.

Notable amendments that passed Tuesday:

*language to require an applicant to build a nuclear power plant to work with relevant state agencies to develop a detailed "public emergency preparedness and response strategy in the event of an accident, natural disaster," or other event threatening public safety and welfare. Passed unanimously, submitted by Democrat Chuck Isenhart (district 27), amended by Republican Chuck Soderberg (district 3).

*language instructing the governor to appoint a task force to "evaluate the economic development opportunities created through nuclear electric power generation in this state and to develop specific plans to maximize these opportunities." Passed unanimously, jointly submitted by Soderberg and Democrat Pat Murphy.

*language allowing the Iowa Utilities Board and the state's Consumer Advocate to hire new employees to handle matters related to ratemaking principles to finance a nuclear power project. Passed unanimously, submitted by Soderberg.

Notable amendments that failed on voice votes:

*an attempt to replace the entire bill with language creating an interim study committee with five House representatives and five state senators, who would study issues relating to nuclear power generation and report back to the legislature by January 15, 2012. Submitted by Chuck Isenhart (district 27).

*language requiring a utility to project trends related to energy demand, production and transmission over a 20-year period before applying to build a nuclear generating facility. Submitted by Vicki Lensing (district 78).

*language requiring the Iowa Utilities Board to submit a report on "baseload electrical generation options and costs" by January 1, 2012. The study would explore "nuclear power and potential retrofits of existing generation plants, based on evidence regarding system benefits, rate impact, financing options, and any risks of delay, cancellation, or cost overruns." Submitted by Nate Willems (district 29).

*language requiring a utility to conform to an "energy savings performance standard of 1.5 percent annual reduction in energy use" if that utility seeks to operate a nuclear generating facility in Iowa. Submitted by Isenhart.

*language removing a section of the bill that would protect a utility from having to refund money if a court decision modified rules on what the utility could charge customers to cover anticipated costs of building a nuclear plant. Submitted by Bruce Hunter (district 62).

*language stating that a utility could recover costs from ratepayers only "over the useful life of the nuclear unit," not "during the period of construction." Submitted by Isenhart.

*an attempt to remove part of one sentence asserting that nuclear generation has a proven record of providing a "safe, reliable and secure" electricity production. Submitted by Mary Mascher (district 77).

*language requiring a utility that seeks to build a nuclear facility to "demonstrate that the need for additional baseload generating capacity justifying the application cannot be achieved in whole or in part through any combination of demand reduction strategies, or any combination of demand reduction strategies and alternative generating options." Submitted by Isenhart.

Notable amendments that failed on nearly party-line roll call votes:

*language requiring a public referendum in any county where a company seeks to build a nuclear generating facility. If a majority of county voters reject the proposal, the application to build the nuclear plant would be denied and another referendum could not be held in that county for at least eight years. All Republicans voted against this amendment (so much for "local control"!), joined by Democrat Brian Quirk; the rest of the Democratic caucus voted for it. Submitted by Dan Kelley (district 41), Phyllis Thede (district 81), Beth Wessel-Kroeschell (district 45) and Ruth Ann Gaines (district 65).

*language stating that in the event of an accident or natural disaster, the utility operating a nuclear generating facility bears "sole responsibility for the costs associated with the cleanup and disposal of any radioactive material and for resulting damages sustained by individuals and entities." The amendment also said neither ratepayers nor taxpayers would be charged for those costs. Obviously MidAmerican would never build a nuclear reactor if it had to assume those risks. All Republicans voted against this amendment, joined by Democrat Brian Quirk; the rest of the Democratic caucus voted for it. Submitted by Wessel-Kroeschell.

*an attempt to replace most of the bill text with language instructing the Iowa Utilities Board to analyze "risks associated with financing nuclear power plants and the assignment of those risks, and safety risks associated with traditional nuclear facility and small modular reactor technology construction." The board would report back to the legislature with recommendations by January 9, 2012. All Republicans voted against this amendment, joined by Democrats Brian Quirk and John Wittneben; the rest of the Democratic caucus voted for it. Submitted by Janet Petersen (district 64).

*language to cap rate increases a utility could impose to recover costs associated with building a nuclear power plant. The revenue increase would be applied equally to each customer class and capped at one percent per year. Most of the Republican caucus and Democrats Brian Quirk and John Wittneben voted against this amendment; the rest of the House Democrats voted for it, joined by Republicans Kim Pearson (district 42) and Guy Vander Linden (district 75). Submitted by Anesa Kajtazovic (district 21). Kajtazovic commented during the debate, "I know there are people back home that support nuclear energy as part of a comprehensive plan. But they don't support an open checkbook."

Prospects in the Iowa Senate

Governor Terry Branstad supports more nuclear power generation, so the only way to stop this legislation is to keep it from passing the Iowa Senate. The companion bill Senate File 390 passed the Senate Commerce Committee on a bipartisan vote in March. Senate Majority Leader Mike Gronstal told IowaPolitics.com this week that a decision on bringing the bill up for a floor vote "hasn't been made." Last month nine Democratic senators urged their colleagues to shelve the nuclear bill. They want a legislative commission "to thoroughly investigate all of the issues including the need for a nuclear power plant, the costs and impact on utility rates, financing and liability issues, safety and waste disposal issues, and renewable energy alternatives."

The American Association for Retired Persons has spoken out repeatedly against this bill, saying it would hurt consumers on fixed incomes. After House passage on Tuesday, an AARP statement said:

"AARP is concerned about this legislation, not because of the question of nuclear power, but because we oppose raising rates for consumers already struggling to afford their utility bills for a plant yet to be built, where we don't know the actual cost to build, and may or may not even be built in Iowa,"

AARP's Iowa associate state director for advocacy, Anthony Carroll, added,

"AARP is disappointed the Iowa House of Representatives ignored the concerns of Iowa consumers and voted to advance legislation that substantially shifts the costs and risk to Iowa ratepayers for a possible new nuclear power plant in Iowa. We hope that the Senate will decide to make consumers' wishes and needs a priority."

The desire to do the right thing by consumers wouldn't normally prevail over MidAmerican's campaign contributions to Iowa legislators, but perhaps public opinion will derail this bill in the Senate. Earlier this week, Friends of the Earth announced results from a Survey USA Iowa poll showing large majorities oppose raising electricity rates to pay for building a nuclear power plant. Republican State Representative Chuck Soderberg dismissed those findings:

"I know what the survey said, I would have liked it to continue and have asked 'How many Iowans would like to spend $800 million on old, outdated (coal) plants?' " he said. "Not many, I don't think."

Soderberg also made a misleading claim in defense of the bill he floor-managed:

"This bill does not authorize anyone to build a nuclear facility in the state of Iowa," Soderberg said. "It does not authorize any utility to increase their rates. That's the responsibility of the Iowa Utilities Board."

Yes and no, Mr. Soderberg. Mark Cooper, Senior Fellow for Economic analysis at the Vermont Law School's Institute for Energy and the Environment, analyzed the proposed Iowa legislation and concluded that they "are among the most aggressive in removing consumer protection as any in the nation. " In part that's because the Iowa Utilities Board would not be allowed to apply "the used and useful standard and the least cost principle" when considering an application for a nuclear permit. Also, Cooper noted,

• It excuses the utility from showing that it "has considered other source for long-term electricity supply," of that the nuclear reactor is "reasonable when compared to other feasible alternative sources of supply," While it applies such language to all other feasible alternative sources of supply.
• Language that would have allowed alternatives other than nuclear to be selected on the basis of competitive bidding was stricken from the Senate versions.

Final note: the lobbyist declarations on House File 561 reveal some unusual coalitions. Quite a few business groups and corporations supported the bill, but several large companies registered "undecided," and I noticed WalMart's lobbyist registered against. Organized labor was split, with the Iowa Federation of Labor, Plumbers and Steam Fitters, Central Iowa Building and Construction Trades Council, and the Great Plains Laborers District Council supporting the bill. A lobbyist representing the South Central Iowa Federation of Labor AFL-CIO registered undecided, while the United Transportation Union and the Iowa Farmers Union registered against.

A lobbyist for some unions backing the bill told IowaPolitics.com, "Our membership is out of work, and they need to find jobs. They see this as a real opportunity to create some jobs and get their people back to work and support their families." Creating well-paying jobs for union members is a worthwhile goal, but jobs building a nuclear reactor in Iowa won't materialize for many years, if ever. Nuclear projects around the country have stalled for lack of financing, and I believe there's a good chance no reactor will be built in Iowa even if House File 561 becomes law. MidAmerican could cancel its nuclear program at any time without giving back money it collected from ratepayers to cover anticipated construction costs. Ramping up energy efficiency programs and other ways to generate electricity in Iowa would create more jobs more quickly. UPDATE: It's also worth mentioning that this small modular reactor design MidAmerican is touting has not been approved by the U.S. Nuclear Regulatory Commission. There is no guarantee it will ever be approved for construction.

Lobbyists registered against the bill represented the Sierra Club Iowa chapter, the Iowa Environmental Council, the Iowa Beyond Nuclear Coalition, Green State Solutions, the American Association for Retired Persons, the Iowa Council of Health Care Centers, the League of Women Voters, and the Iowa Conference of the United Methodist Church.

Share any relevant thoughts in this thread.

Who's who in the Iowa House for 2011 (revised)

desmoinesdem — Tue, 21 Dec 2010 14:51:10 GMT

When the 84th General Assembly convenes on January 10, the Iowa House will have 60 Republicans and 40 Democrats. House Republicans selected leaders and committee chairs last month, and Democrats finished choosing leaders and ranking committee members in the past two weeks.

All Iowa House leaders, committee chairs and ranking members can be found after the jump. I've included a link to a short biography for each state representative, as well as the year the person was first elected to the Iowa House and the district he or she represents.
Republicans (60 state representatives)

Leadership team

Speaker Kraig Paulsen (bio), first elected in 2002 from district 35, covering suburban and rural areas in Linn County

Majority Leader Linda Upmeyer (bio), first elected in 2002 from district 12, covering Franklin County and part of Cerro Gordo and Hancock

Speaker Pro Tem Jeff Kaufmann (bio), first elected in 2004 from district 79, covering Cedar County and parts of Johnson and Muscatine

Majority Whip Erik Helland (bio), first elected in 2008 in House district 69, covering suburban and rural areas in Polk County

Assistant majority leaders: Matt Windschitl (bio), first elected in 2006 from district 56, covering Harrison County, most of Monona and part of Pottawattamie

Renee Schulte (bio), first elected in 2008 from district 37, covering part of Cedar Rapids in Linn County

Dave Deyoe (bio), first elected in 2006 from district 10, covering most of Story County outside Ames and part of Hamilton

Steve Lukan (bio), first elected in 2002 from district 32, covering parts of Dubuque and Delaware counties

House committee chairs

Appropriations Committee: Scott Raecker (bio) first elected in 1998 from district 63, covering most of Urbandale in Polk County

Administration and Regulation Appropriations Subcommittee: Ralph Watts (bio), first elected in 2002 from district 47, covering most of Dallas County and a small part of Boone

Agriculture and Natural Resources Appropriations Subcommittee: Jack Drake (bio), first elected in 1992 from district 57, covering Shelby County and parts of Cass and Pottawattamie

Economic Development Appropriations Subcommittee: Jason Schultz (bio), first elected in 2008 from district 55, covering Ida County and parts of Woodbury, Crawford and Monona

Education Appropriations Subcommittee: Cecil Dolecheck (bio), first elected in 1996 from district 96, covering Montgomery, Adams, Taylor and Ringgold counties and part of Union

Health and Human Services Appropriations Subcommittee: Dave Heaton (bio), first elected in 1994 from district 91, covering Henry County and part of Lee

Justice Systems Appropriations Subcommittee: Gary Worthan (bio), first elected in 2006 in district 52, covering Buena Vista County and part of Sac

Transportation, Infrastructure and Capitals Appropriations Subcommittee: Dan Huseman (bio), first elected in 1994 in House district 53, covering Cherokee county and parts of Plymouth and Woodbury

Agriculture Committee: Annette Sweeney (bio), first elected in 2008 from district 44, covering Hardin County and most of Marshall outside Marshalltown

Commerce Committee: Chuck Soderberg (bio), first elected in 2004 from district 3, covering parts of Plymouth and Sioux Counties

Economic Growth/Rebuild Iowa Committee: Pat Grassley (bio), first elected in 2006 from district 17, covering Butler County and part of Bremer

Labor Committee: Lance Horbach (bio), first elected in 1998 from district 40, covering Grundy County and most of Tama

State Government Committee: Peter Cownie (bio), first elected in 2008 from district 60, covering part of West Des Moines

Transportation Committee: David Tjepkes (bio), first elected in 2002 from district 50, covering Calhoun and Greene Counties and part of Webster

Ways and Means Committee: Tom Sands (bio), first elected in 2002 from district 87, covering Louisa County and part of Des Moines County

Government Oversight Committee: Chris Hagenow (bio), first elected in 2008 from district 59, covering some of the western Des Moines suburbs in Polk County

Judiciary Committee: Rich Anderson (bio), first elected in 2004 from district 97, covering Page and Fremont Counties and much of Mills

Education Committee: Greg Forristall (bio), first elected in 2006 from district 98, covering parts of Pottawattamie and Mills Counties

Administration and Rules: Renee Schulte (bio), first elected in 2008 from district 37, covering part of Cedar Rapids in Linn County

Environmental Protection: Steve Olson (bio), first elected in 2002 from district 83, including parts of Scott and Clinton counties

Ethics: Kevin Koester (bio), first elected in 2008 from district 70, covering Ankeny in Polk County

Human Resources: Linda Miller (bio), first elected in 2006 from district 82, covering part of Bettendorf in Scott County

Local Government: Nick Wagner (bio), first elected in 2008 from district 36, covering Marion and some rural areas of Linn County

Natural Resources: Henry Rayhons (bio), first elected in 1996 from district 11, covering Winnebago and Worth Counties and part of Hancock

Public Safety: Clel Baudler (bio), first elected in 1998 from district 58, covering Guthrie, Audubon and Adair Counties and part of Cass

Veterans Affairs: Royd Chambers (bio), first elected in 2002 from district 5, covering Osceola and O'Brien Counties and parts of Clay and Sioux

Administrative Rules Review: Dawn Pettengill, (bio), first elected in 2004 as a Democrat before switching parties in 2007; represents district 39, covering Benton County and part of Iowa

Note on experience: seven committee chairs were elected to the House for the first time in 2008; four were elected for the first time in 2006. Some of those legislators had plenty of relevant work experience prior to running for office, but others are only in their 20s or early 30s.

Of the 60 incoming House Republicans, 34 are either on Paulsen's leadership team or will chair a committee or appropriations subcommittee. Another 22 were just elected for the very first time. These four relatively experienced state representatives were left behind:

Dwayne Alons (bio), first elected in 1998 from district 4, covering Lyon County and most of Sioux. Bleeding Heartland readers may recall Alons' remarkably ill-informed views on climate change.

Rich Arnold (bio), first elected in 1994 from district 72, covering Monroe and Lucas Counties and parts of Mahaska and Marion

Betty De Boef (bio), first elected in 2000 from district 76, covering Keokuk County and parts of Iowa, Poweshiek and Tama

Jim Van Engelenhoven (bio), first elected in 1998 from district 71, covering most of Marion Couty and a little bit of Jasper

Democrats (40 state representatives)

Leadership team

Minority Leader Kevin McCarthy (bio), first elected in 2002 from district 67, covering the southeast side of Des Moines. He served as House majority leader for the last four years alongside House Speaker Pat Murphy.

Assistant Minority Leaders:

Ako Abdul-Samad (bio), first elected in 2006 from district 66, covering much of central Des Moines in Polk County

Mark Smith (bio), first elected in 2000 from district 43, covering northeastern Marshall County, including Marshalltown

Sharon Steckman (bio), first elected in 2008 from district 13, covering part of Cerro Gordo County, including Mason City

Mary Mascher (bio), first elected in 1994 from district 77, covering part of Iowa City in Johnson County

On December 19, House Democrats voted to create a Rural Caucus "that will focus on giving Iowa's rural economy a boost by focusing on rural job creation, meeting Iowa's rural infrastructure needs, and guaranteeing adequate resources for rural schools."

Rural Caucus Chair: Andrew Wenthe (bio), first elected in 2006 from district 18, covering parts of Fayette, Bremer and Black Hawk Counties

Rural Caucus Vice-Chair: Dan Muhlbauer (bio), first elected in 2010 from district 51, covering Carroll County and parts of Sac and Crawford

Ranking committee members

Appropriations: Tyler Olson (bio), first elected in 2006 from district 38, covering part of Cedar Rapids in Linn County

Administration & Regulation Appropriations Subcommittee: Mary Gaskill (bio), first elected in 2002 from district 93, covering part of Wapello County, including Ottumwa

Agriculture & Natural Resources Appropriations Subcommittee: Chris Hall (bio), first elected in 2010 from district 2, covering the northeast part of Sioux City in Woodbury County

Economic Development Appropriations Subcommittee: Kirsten Running-Marquardt (bio), first elected in 2009 (special election) from district 33, covering part of Cedar Rapids in Linn County

Education Appropriations Subcommittee: Cindy Winckler (bio), first elected in 2002 from district 86, covering part of Davenport in Scott County

Health & Human Services Appropriations Subcommittee: Lisa Heddens (bio), first elected in 2002 from district 46, covering part of Story County, including the north side of Ames, and a small area in Boone County

Justice Systems Appropriations Subcommittee: Todd Taylor (bio), first elected in a 1995 special election from House district 34, covering part of Cedar Rapids in Linn County

Agriculture: Helen Miller (bio), first elected in 2002 from district 49, covering part of Webster County, including Fort Dodge

Commerce: Brian Quirk (bio), first elected in 2000 from district 15, covering Chickasaw and Howard Counties and part of Winneshiek

Economic Growth/Rebuild Iowa: Roger Thomas (bio), first elected in 1996 from district 24, covering Clayton County and parts of Delaware and Fayette

Education: Nate Willems (bio), first elected in 2008 from district 29, covering parts of Linn and Johnson Counties

Environmental Protection: Phyllis Thede (bio), first elected in 2008 from district 81, covering part of Davenport in Scott County

Ethics: Dan Kelley (bio), first elected in 2010 from district 41, covering most of Jasper County, including Newton

Government Oversight: Janet Petersen (bio), first elected in 2000 from district 64, covering part of the west side of Des Moines in Polk County

Human Resources: Beth Wessel-Kroeschell (bio), first elected in 2004 from district 45, covering most of Ames in Story County

Judiciary: Kurt Swaim (bio), first elected in 2002 from district 94, covering Appanoose, Davis and Wayne Counties

Labor: Bruce Hunter (bio), first elected in 2003 (special election) from district 62, covering part of the south side of Des Moines in Polk County

Local Government: John Wittneben (bio), first elected in 2010 from district 7, covering Palo Alto and Emmet Counties and part of Kossuth

Natural Resources: Curt Hanson (bio), first elected in 2009 (special election) from district 90, covering Van Buren County, most of Jefferson and part of Wapello

Public Safety: Bob Kressig (bio), first elected in 2004 from district 19, covering most of Cedar Falls and some rural areas in Black Hawk County

State Government: Vicki Lensing (bio), first elected in 2000 from district 78, covering part of Iowa City in Johnson County

Transportation: Jim Lykam (bio), first elected in 2002 from district 85, covering part of Davenport in Scott County

Veterans Affairs: Jerry Kearns (bio), first elected in 2008 from district 92, covering part of Lee County including Keokuk and Fort Madison

Ways & Means: Dave Jacoby (bio), first elected in 2002 from district 30, covering Coralville and North Liberty in Johnson County

When lawmakers feel sorry for law-breakers

desmoinesdem — Mon, 14 Dec 2009 16:15:45 GMT

Normally, people who write laws want the rest of us to follow those laws. However, when enforcing a statute costs a corporate interest group more money, prepare to hear some whining about government officials doing their jobs. So it was last week, when the Iowa Legislature's Administrative Rules Review Committee unanimously approved rules formulated by Iowa Department of Inspections and Appeals.

The rules expand the number of hospital workers who are considered mandatory reporters of abuse to include food service workers and housekeeping staff, and define "gross negligence" as a form of abuse.
Lobbyists for Iowa's hospitals and nursing homes attended Tuesday's meeting and argued against approval. They said the state inspectors' definition of gross negligence would result in too many caregivers being branded as abusers. They argued that gross negligence requires a willful, deliberate effort to harm a patient. [...]
Representatives of Iowa AARP, the Governor's Developmental Disability Council and Iowa Protection and Advocacy argued that industry proposals would weaken protection for seniors.
Rep. Bruce Hunter, a Des Moines Democrat who managed legislation related to the proposed rules, addressed the committee and said the industry's proposed definition of gross negligence was unworkable.
"It would make it very, very difficult, if not impossible, to prosecute somebody in a nursing home or a hospital," he said. "Yes, we want to make prosecution difficult because dependent-adult abuse is a serious charge, but we don't want to make it impossible."

Democratic State Representative Marcella Frevert

expressed dismay that regulators seemed to have regressed from "educational and helpful" enforcement to a "gotcha mentality" of penalizing violators.
Frevert joined the rest of the committee in approving the inspections department's proposals, but said the full Legislature should consider revisiting the issue in 2010. "So, this isn't over," she said.

Here's an idea: let's stop issuing tickets for speeding and running red lights in favor of more "educational and helpful" enforcement of traffic laws.

Seriously, those talking points about the "gotcha" mentality of nursing home regulators sound familiar. That's because legislators from both parties have made the same points in the past. By an amazing coincidence, those legislators have taken expenses-paid trips to Washington courtesy of the Iowa Healthcare Association, which represents nursing homes.

This issue bears watching during the 2010 legislative session, because nursing home operators know their way around the capitol and are good at getting what they want. Legislators could do this group a favor by relaxing the rules on "gross negligence" in nursing homes, and it wouldn't cost an extra dollar from the general fund.

New thread on film tax credit scandal

desmoinesdem — Fri, 25 Sep 2009 14:05:42 GMT

The news keeps pouring in on the mismanagement of Iowa's tax credit for film-making, which may turn out to be among the most expensive mistakes in our state's history.

Lots of links are after the jump.
Governor Chet Culver announced on Wednesday that he is ordering a thorough review of all Iowa tax credit programs:

"That will be a part of our comprehensive review. We're going to make that a priority and bring in all of those agency directors," Culver says. "I believe John Frew, the new chief of staff, will be meeting with them next week." Culver's new chief of staff starts work on Monday.

That step is long overdue; the Iowa Policy Project and the Iowa Fiscal Partnership have shown repeatedly that the rapid growth in tax credits has far outpaced the growth in state spending. (Click here to find past reports on the Iowa Policy Project's website.) Kay Henderson listed all of Iowa's 28 tax credit programs here. Todd Dorman linked to an August 2009 report on the subject by the Iowa Department of Revenue (scroll to the end of Dorman's column). In a time of budget scarcity, many of these programs should be on the table.

On Wednesday, Iowa Department of Economic Development spokesperson Erin Seidler announced that the state will not be liable for 109 film projects that received initial approval for the tax credit but were not under contract. IDED has already issued about $32 million in tax credits and has signed contracts for another 26 projects that would cost the state a total of $78 million.

Even that figure is way too high in my opinion. Subsidizing some temporary jobs in film-making will cost this state more than the four-year investment in the Power Fund. Unlike film production, many of the Power Fund projects entail collateral benefits for the public (like increasing energy efficiency and renewable energy production).

Unfortunately, Iowa taxpayers may end up being on the hook for a lot more than the $32 million already paid to film-makers and the $78 million for film projects under contract. Attorney General Tom Miller released a statement on Thursday saying, "The state's obligations and liabilities may not be determined solely by whether a contract has been signed by the parties, and statements by state officials to that effect are mistaken." Issuing tax credits for all 109 project that received initial approval would cost more than $250 million.

Charles Bruner, co-director of the Iowa Fiscal Partnership, called for ending the tax credit in a Des Moines Register op-ed on September 23. You should click over and read his whole column, but here is an excerpt:

Iowa regulations allow for $50 million in film tax credits this year, but we do not know how many jobs that $50 million creates. We do know that same $50 million is enough to pay salaries and benefits for 879 full-time Iowa teachers - throughout the state. That is a better investment in Iowa's future than a 50 percent subsidy of the film industry's mostly temporary jobs.
If Iowa established "half-priced airplane manufacturing," Boeing would be foolish not to leave Washington state to come to Iowa, but Iowa would soon be using every dollar in its state budget to subsidize that one industry - with no money left for education, health, or public safety.
Everyone likes a good show, but do Iowa taxpayers really want to foot half the bill for the production of films, or any other business activity? Louisiana recently lost a court case and now owes film companies in excess of $260 million for its film credit.
Clearly, Iowa is not alone in being suckered into establishing an excessive film tax credit, but it now needs to act quickly to curb the practice.

The legislature's Government Oversight Committee announced on September 24 that it will review the film tax credit issue later this year. Republican leaders have insisted that the investigation should start immediately, but House Speaker Pat Murphy and Senate President Jack Kibbie have expressed concerns that calling state officials to testify now could impede the investigations being conducted by the Attorney General's Office, State Auditor and Department of Revenue. At least one Republican on the Government Oversight Committee is ok with waiting:

Rep. Clel Baudler, R-Greenfield who is also a member of the committee, agreed that the film inquiry should be delayed until the committee's meeting next month. So far, Culver has taken the right steps in suspending payments and launching state investigations, he said.
"Once we have the entire information then we'll act and we better act smartly because, quite frankly, the people of Iowa are getting fed up," Baudler said.

Several Republican candidates for governor are using the scandal to make their case against Culver. Chris Rants "submitted ten questions and requests for information to the Department of Economic Development and the Department of Revenue and Finance." Rants also said the scandal illustrates Culver's "lack of attention to detail."

Bob Vander Plaats blames Culver for appointing the wrong people: "It's easy for Governor Culver to be outraged now that this scandal has been exposed. He was asleep at the switch and is responsible for the people who he hired to oversee these programs." According to the Des Moines Register on September 23, Vander Plaats said

he doesn't favor tax credits, generally: 'Is this another way for the government to pick winners and losers?'
He said instead of tax credits, he'd look at reducing taxes so that all businesses and industry could benefit.

I couldn't help noticing that in March, Vander Plaats slammed Democrats who wanted to reduce the number of tax credits Iowa offers.

Christian Fong is advocating "a 'transparency' system that would allow Iowans to access state spending details online." The Des Moines Register's Kathie Obradovich comments, "But if the film office officials weren't using the database created for tracking the tax-credit program, it's hard to imagine how the information would have gotten to the public database."

Republican blogger Craig Robinson is disappointed that Republican gubernatorial candidates and state legislators are not (yet) calling for an end to the film tax credit. They may be afraid to set a precedent, since Republicans have supported tax credits for so many industries.

It's also an awkward issue for the GOP because almost all statehouse Republicans joined with Democrats to create the film tax credit. In the discussion thread under this post at The Iowa Republican, Robinson published the roll call vote from 2007. Only one Iowa House representative (Democrat Bruce Hunter) and two Iowa senators (Democrat Herman Quirmbach and Republican Dave Hartsuch) voted against the bill.

Todd Dorman quoted Quirmbach in this excellent column for the Cedar Rapids Gazette on the "master thespians" in the legislature:

Our state lawmakers are doing some award-worthy acting in the wake of the film tax credit fiasco.
They were blindsided. They were tricked. Tax credits for luxury cars? Round up the usual suspects. Call in the Legislative Oversight Committee.
But not everyone is shocked, shocked. [...]
"It seemed to be a very poorly designed program," said Quirmbach, who believes making taxpayers silent 50-50 partners in film projects is a bad idea. [...]
Clearly, lawmakers are not directly to blame for the blatant rule-breaking and breathtaking lack of bureaucratic oversight that turned a popular program into an embarrassment.
But they also shouldn't pretend they're innocent victims.

Here's hoping that the film tax credit debacle will give legislators the political will to critically examine all tax credits during next year's session.

Post any comments about the scandal in this thread.

Events coming up this week

desmoinesdem — Sun, 10 Aug 2008 17:42:26 GMT

As always, post a comment if you know of any important event I have left out.

Democratic candidates, send me your public schedules (desmoinesdem AT yahoo.com) so I can include your events on my calendar.

I have included notices about public meetings convened by the Rebuild Iowa Office, but note that you can give your feedback in person any day at the Iowa State Fair:

The Rebuild Iowa Office will have representatives at the Iowa State Fair in Des Moines to answer questions and hear Iowans' concerns and ideas as the state moves forward with flood recovery. RIO representatives will greet Iowans alongside members of the Governor's Office staff at the Governor's Office booth, located in the center of the Varied Industries Building on the main concourse.
Iowans can also go online and submit their ideas at the Rebuild Iowa Office Web site (www.rio.iowa.gov) or call the RIO office at (515) 242-5004. [...]
The RIO and Rebuild Iowa Advisory Commission were established by Executive Order after the Flood of 2008. RIAC is a 15-person, bipartisan commission whose members chair nine task forces focused on specific issues that will develop further recommendations to support the state's strategic recovery and rebuilding process. The Commission reports to the Lt. Governor. Major General Ron Dardis, adjutant general of the Iowa National Guard serves as the Commission's chairman. The RIO coordinates all state recovery activities.
Iowans can fill out "Speak up Iowa!" surveys at the RIO/Governor's Office booth. "Speak Up Iowa!" input sessions are taking place across the state and were created to initiate dialogue on the major issues facing the State of Iowa and provide an opportunity for official public and community involvement, with specific focus on gaining input for the RIAC 45-day Report due Sept. 2, 2008. "Speak Up Iowa!" allows residents the opportunity to voice their ideas and desires regarding the long-term recovery of their communities.

Now, on to the rest of the calendar.

Sunday, August 10:

There's a fundraiser for Rob Hubler in Carroll, which former Governor Tom Vilsack will attend. Reception starts at 6pm; dinner at 7pm. Crossroads Bistro, 12012 Hwy 71 in Carroll. To RSVP for this event, please call the Hubler campaign headquarters: 712-352-2077.

Monday, August 11:

The Rebuild Iowa Office is holding its third "Speak Up Iowa!" public input session at the Red Coach Inn, Banquet Rooms 2 and 4, 1200 Senate Avenue in Red Oak, from 4:00 to 7:00 p.m.

Tuesday, August 12:

The Rebuild Iowa Office is holding its fourth "Speak Up Iowa!" public input session at the Iowa Central Community College Career Education Building (Rooms 108 and 110), 330 Ave. M in Fort Dodge from 4:00 to 7:00 p.m.

It's the last day to reserve a spot at the Interfaith Alliance of Iowa's Crossroad lunch event, which will take place on Friday, August 15. (see below for more details). For more information or to make a reservation, call (515) 279-8715 or email tiaiowa@dwx.com.

Tom Harkin is attending a fundraising reception and private classic car display in Ankeny hosted by Dennis Albaugh at 5:30 pm. The evening promises to be a fun one with over 120 classic Chevrolets for you to view. For full details of this great event please click here.

One Iowa is holding its "Coffee House/Happy Hour" at Ritual Cafe, a time to meet like-minded friends and relax in a welcoming atmosphere, from 5:00 pm to 6:45 pm. At One Iowa , we believe all families should have equal protections and responsibilities; the way to achieve this is through marriage. As we continue our work toward Marriage Equality, this month Phyllis Stevens will talk about the Seven Straight Nights for Equal Rights events going on in September. Ritual Cafe, located on 13th Street between Grand and Locust in downtown Des Moines, is an LGBT-operated coffee shop and cafe offering "really great coffee and food" in an open and affirming place. For questions, please contact One Iowa at (515)288-4019, or you can visit our web site at www.oneiowa.org.

State Representative Bruce Hunter (House district 62) is holding his Re-Election Kickoff and fourth annual Hunter house party, with special guest Michael Mauro, Iowa Secretary of State. The party will take place on Tuesday from 5:00 p.m.-7:00 p.m. at the home of Bruce Hunter & Betty Brim-Hunter, 452 Wilmers Avenue, Des Moines. Suggested donation $25. Please Make Checks Payable To The Committee To Elect Bruce Hunter.

The Des Moines Business Record is honoring this year's "women of influence" at a reception on August 12 from 4:30 to 7:30 pm (honors presentation at 5:00) at the Des Moines Marriott Downtown. You can register for the event, which costs $25 to attend, at http://www.businessrecord.com. The honorees are:

Des Moines Register columnist Rekha Basu
Former Iowa Attorney General Bonnie Campbell
Des Moines attorney Lori Chesser
Community volunteer Sheila Drevyanko
Wells Fargo Home Mortgage employee Cara Heiden
Iowa Environmental Protection Commissioner and philanthropist Charlotte Hubbell
Community activist Willie Glanton
Lieutenant Governor Patty Judge
West Des Moines City Council member Loretta Sieman
The woman business owner of the year is Sarah Grant of Sticks.

Wednesday, August 13:

From the Iowa Power Fund:

(DES MOINES)- The Iowa Power Fund board of directors will hold three of its monthly meetings in locations around the state with the second meeting being held on Wednesday, August 13 in Algona. This meeting, as well as the last summer meeting of the Power Fund directors, will be followed by an evening public forum on energy issues.
The August 13 meeting of the Power Fund directors will be held at 10:00 a.m. at the Water's Edge Nature Center, 1010 250th, Algona. The meeting will include presentations by seven applicants for funding. They will include: Soy Energy, LLC - Biodiesel Plant at Marcus using PEF Pellet Boiler; Carbon-Free Energy, LLC - Vertical Wind Turbine Manufacturer; The cornerstone BRAD, LLC managed by Bison Renewable Energy, LLC; Indigo Dawn, LLC - Green & Main, Integrating Efficiencies into a Historic Mix; I-Renew - Energy and sustainability EXPO; TPI Iowa LLC - TPI Wind Blade Advanced Manufacturing Initiative; Prairie Land Enterprises L.C - Switchgrass.
The evening public forum is the second in a series of six annual forums hosted by the Office of Energy Independence. The energy forum in Algona will also be held at the Water's Edge Nature Center and will begin at 6:30 p.m.

From 1000 Friends of Iowa:

NW 26th Street Public Input Meeting
Wednesday, August 13, 2008
Central Senior Center
2008 Forest Ave.
Des Moines, IA 50311
Commonly known as the MLK Parkway Extension, Polk County and other leaders are now calling this project the "NW 26th Street" project. This proposal consists of
* Reconstruction of NW 26th Street to a 4-lane facility between IA 415 and I 35/80
* Construction of a new interchange at I-35/80 and NW 26th Street, and
* Construction of a new four-lane roadway on new alignment from near Euclid Ave/U.S. 6 and MLK Jr Parkway and the proposed NW 26th St interchange
This will be an open house with some audio/visual presentations, and held by Snyder and Associates, the engineering firm doing the study for Polk County. This will be a meeting to provide an update on the study and collect input on proposed alternative locations for the project, including possible expansion of existing streets in Des Moines like Beaver Avenue and 6th Avenue. Another alternative presented for public comments is for expansion of transit services in the metro area to prevent congestion in the future.
This meeting is a part of the Environmental Impact Statement, a federally required evaluation for a project that has extensive environmental impacts.

Thursday, August 14:

Congressman Leonard Boswell, who represents Iowa's third district, will be speaking at the Des Moines Register's Soap Box (outside the Register's Service Center on the Grand Concourse) at 1:30 pm. As part of this new Iowa State Fair tradition, the Congressman will be speaking on the challenges facing our country in these uncertain times and about his work to put us back on the road to peace and prosperity.

Friday, August 15:

The Interfaith Alliance of Iowa is holding a Crossroads lunch featuring Michele Soria of New Realities Diversity & Innovation Training & Consulting:

Do I really value diversity?
Challenging perceptions & creating new behavior
Does equity exist for all people? Is it possible? What is my responsibility to create multi-cultural inclusiveness in society?
An intensely interactive experience which will challenge your beliefs and create new behaviors.
The Crossroads luncheon is Friday, August 15 from 11:45 am - 1 pm at Plymouth Congregational Church, 42nd & Ingersoll Avenue , Des Moines .
Reservations are required for Crossroads and must be received by Tuesday, August 12.
Cost is $8 and is payable at the door.
For more information or to make a reservation, call (515) 279-8715 or email tiaiowa@dwx.com.

Dr. Steven and Jill Kraus will be hosting a reception at their home for Tom Harkin in Carroll on Friday, August 15th at 5:30 PM. Hors d'oeuvres and refreshments will be provided and valet parking is available. For the full details on this event, please click here.

Saturday, August 16:

Senator Harkin and Mayor Jerry Sullivan, candidate for Statehouse (HD-59), will attend a fundraiser for Sullivan's campaign from 3:00 to 4:30 pm at the Great Midwestern Café, 1250 NW 128th St in Clive. Catering provided by Great Midwestern Café. Suggested donation $50 (host levels higher). Checks can be made payable to Sullivan for State Representative, 7018 Franklin Ave, Windsor Heights, IA 50322. RSVP to Mike at mmccall@iowademocrats.org or call (614) 561-9117.

1000 Friends of Iowa is holding its 10th anniversary celebration and annual meeting at the Griffieon family farm near Ankeny. The event starts at 9:00 am and runs all day. Click here to register for the meeting or find more details about the event, including a schedule and directions to the farm. Agriculture Secretary Bill Northey will be the keynote speaker. Registration costs $30, and that includes an "Iowa grown lunch." Other events of the day include:

Presentation - Connie Mutel author of The Emerald Horizon: The History of Nature in Iowa Mutel will describe her new book, which offers an opportunity to understand, reconnect with, and nurture Iowa's precious natural world. She'll also discuss the functions (such as flood-resistance) provided by healthy native communities, and offer a challenge to restore these functions through reintegrating nature into Iowa's working landscape. 1:30 Presentation - Erv Klaas Dr. Klaas will discuss how reserving valuable cropland for growing corn and soybeans creates difficult challenges to livestock owners who use riparian zones for pasture. He will use the Griffieon pasture to illustrate problems livestock owners face, the technique LaVon is using to remedy the problem and how improvements to water quality and to our streams depends on a total watershed approach. 2:00 Tour de Sprawl - Guides: LaVon Griffieon & Stephanie Weisenbach In the past decade development has encroached upon the farmland next to the Griffieon's farm. We will tour the neighborhood by bus to see the changes made upon some of the world's most prime soils.

I am involved with 1000 Friends of Iowa and will attend this meeting, but not in my capacity as desmoinesdem, so don't expect any talk about partisan politics!