Rematch coming in Iowa House district 90

by: desmoinesdem

Thu Mar 18, 2010 at 07:24:53 AM CDT

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

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

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

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

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

We have a new candidate in Iowa House district 7

by: desmoinesdem

Wed Mar 17, 2010 at 18:00:27 PM CDT

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

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

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

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

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

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

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

Wayne Ford announces retirement; House district 65 open

by: desmoinesdem

Tue Mar 16, 2010 at 10:43:13 AM CDT

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

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

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

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

by: desmoinesdem

Tue Mar 16, 2010 at 08:47:04 AM CDT

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

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

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

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

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

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

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

We may need a new candidate in Iowa House district 65

by: desmoinesdem

Mon Mar 15, 2010 at 18:04:47 PM CDT

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

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

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

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

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

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

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

Share any other suggestions or opinions in this thread.

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

We have a new candidate in Iowa House district 1

by: desmoinesdem

Fri Mar 12, 2010 at 10:18:44 AM CST

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

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

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

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

Republican "family values" on display in Iowa House

by: desmoinesdem

Fri Mar 12, 2010 at 07:00:00 AM CST

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

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

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

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

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

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

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

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

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

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

Most conservative Iowa House Democrat retiring

by: desmoinesdem

Wed Mar 10, 2010 at 13:44:43 PM CST

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

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

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

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

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

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

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

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

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

Dream recruit may spark Republican infighting in Senate district 45

by: desmoinesdem

Mon Mar 08, 2010 at 09:21:07 AM CST

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

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

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

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

by: desmoinesdem

Mon Mar 01, 2010 at 13:10:40 PM CST

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

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

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

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

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

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

Share any relevant thoughts in this thread.

Film tax credit fallout continues

by: desmoinesdem

Wed Feb 24, 2010 at 10:24:26 AM CST

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

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

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

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

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

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

Meanwhile, the Des Moines Register reports today,

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

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

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

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

Culver opposes dirty water bill

by: desmoinesdem

Tue Feb 23, 2010 at 09:06:58 AM CST

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

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

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

State Representative Wendt (D) stepping down for health reasons

by: desmoinesdem

Mon Feb 22, 2010 at 14:31:42 PM CST

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

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

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

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

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

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

* Wendt fought for a model core curriculum, intended to give all students the same strong education foundation, in 2008.
* He supported an anti-bullying law. The legislation in 2007 forced public and private schools to have policies that prevent and punish bullying or harassment of any student, including based on sexual orientation.
* Wendt was one of the lawmakers who led the charge three years ago on a statewide sales tax to raise money for school building projects. The old method was more piecemeal - counties voted periodically on a tax for their area. Urban schools, where most shopping and sales taxes happen, raked in more money, while rural districts felt funding inequity. Money is distributed equally per pupil across the state now.
* He began speaking out about a "dramatic need" for preschool programs in 2005.   Two years later, a law passed so that nearly all of Iowa's 4-year-olds could attend preschool on a voluntary basis, paid for by the state and taught by licensed teachers.
* He helped make high school more rigorous. He believed that students - and their parents - need to take high school more seriously. Too many students coast in their junior and senior years, he said.

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

Republican "family values" on display in Iowa Senate

by: desmoinesdem

Mon Feb 22, 2010 at 07:04:20 AM CST

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

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

Massive Iowa Legislature linkfest (post-funnel edition)

by: desmoinesdem

Fri Feb 19, 2010 at 07:56:41 AM CST

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

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

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

Pharmacy Board unanimously recommends legalizing medical marijuana

by: desmoinesdem

Wed Feb 17, 2010 at 18:12:53 PM CST

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

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

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

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

by: desmoinesdem

Mon Feb 15, 2010 at 14:56:11 PM CST

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

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

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

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

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

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

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

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

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

Who is the most clueless Iowa legislator?

by: desmoinesdem

Fri Feb 12, 2010 at 11:18:40 AM CST

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

 1  1    Section 1.  NEW SECTION.  602.1100  Judicial authority.
 1  2    1.  A judicial officer shall not use judicial precedent,
 1  3 case law, penumbras, or international law as a basis for
 1  4 rulings.  A judicial officer shall only use the Constitution
 1  5 of the United States, the Constitution of the State of Iowa,
 1  6 and the Code of Iowa as the basis for any ruling issued by such
 1  7 judicial officer.    The only source material that may be used
 1  8 for interpreting the Constitution of the United States by a
 1  9 judicial officer in this state shall be the Federalist papers
 1 10 and other writings of the founding fathers to describe the
 1 11 intent of the founding fathers, and if such source material is
 1 12 used, the full context of the source material must be used by
 1 13 the judicial officer.
 1 14    2.  This section is not reviewable by the court.
 1 15    3.  A violation of this section by a judicial officer shall
 1 16 be considered malfeasance in office and subjects the judicial
 1 17 officer to impeachment under chapter 68.

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

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

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

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

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

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

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

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

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

by: desmoinesdem

Wed Feb 10, 2010 at 12:10:00 PM CST

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

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

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

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

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

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

Dorman comments,

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

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

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

How is this stuff conservative?

You don't want judges who "legislate from the bench," so you elect them just like legislators?

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

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

by: desmoinesdem

Wed Feb 10, 2010 at 07:00:00 AM CST

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

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

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

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

From a statement issued by Iowa CCI:

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

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

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

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

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

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

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

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

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