Assistant Iowa Attorney General Nathan Blake is “seriously considering running” for Iowa secretary of state, he told Bleeding Heartland on March 6. “In the time of [President Donald] Trump, voting rights are at once more important than ever and under attack like never before,” he added. “It’s a daunting race, but Democrats need to contest it with a strong, well-funded candidate.” Blake plans to decide before this summer whether to run for the statewide office.

Earlier this evening, Blake spoke at a public hearing to oppose House File 516, which would create new barriers to voting through photo ID and signature verification requirements. He provided a copy of those comments, which I enclose below along with background on the potential candidate.

Blake ran for the Iowa Senate in 2014 but lost the Democratic primary to Tony Bisignano by an excruciating eighteen-vote margin. He has since filled a vacancy on the Des Moines School Board for part of one term and now serves on the City of Des Moines Zoning Board of Adjustment, the Polk County Democratic Central Committee, and the board of the Sherman Hill Association in his central Des Moines neighborhood.

Any comments about possible challengers to Secretary of State Paul Pate are welcome in this thread. A few county auditors in eastern Iowa are rumored to be considering the race. Someone needs to take the fight to a guy who postures about “election integrity” while his own office failed to realize that nearly 6,000 votes went uncounted in Iowa’s fastest-growing county last November.

Pate defeated Democrat Brad Anderson by about 20,000 votes (a roughly 2 percent margin) in the GOP wave of 2014.

UPDATE: A reader speculated that another possible challenger to Pate might be Bill Brauch, former director of the Consumer Protection Division in the Iowa Attorney General’s Office and the current chair of the Iowa Democratic Party’s Third District Central Committee. However, Brauch told Bleeding Heartland on March 7 that he has decided against running for secretary of state.

State Senator David Johnson wrote to Attorney General Tom Miller today to follow up on his request last month for answers to nine questions related to the coming transfer of power in Iowa. Governor Terry Branstad plans to resign following his expected confirmation as U.S. ambassador to China, which could happen in late April or early May.

I enclose Johnson’s latest letter in full below. The senator, who is not affiliated with any political party, noted the urgency of the question, because of Branstad’s upcoming U.S. Senate confirmation hearings. Johnson added, “My mail last month included a surprising number of cards and letters thanking me for making the request for an Official Opinion, as citizens’ attention has been drawn to the situation.”

Johnson’s February 1 letter to Miller requested a formal opinion “on an expedited basis” by February 15, because Lieutenant Governor Kim Reynolds will assume the governor’s powers soon. However, the Attorney General’s Office has not yet responded in writing. When I last inquired about the status of the opinion, Miller’s spokesperson Geoff Greenwood told me in a February 27 e-mail, “Our office is still working on it. I’ll let you know when we have something available.”

Several readers have asked why anyone should care whether Reynolds will have the title of governor and whether she will appoint a new lieutenant governor after Branstad leaves the scene. To recap points I explained in more detail here, allowing Reynolds to appoint a new lieutenant governor would put an unelected person (rather than the Iowa Senate president) next in line to perform the governor’s duties, should anything happen to Reynolds before January 2019. In addition, a newly-appointed lieutenant governor could travel the state in an official capacity, handling public events and generating local media coverage. In effect, Reynolds would be able to use state resources to boost the political profile of her chosen running mate for 2018.

I look forward to reading the opinion from Miller, though I still believe the best outcome would be for the seven Iowa Supreme Court justices to provide a definitive interpretation of the relevant provisions in the Iowa Constitution. Nowhere in that document is it written that the lieutenant governor is empowered to a new lieutenant governor when the governor’s office becomes vacant.

Republicans have already inflicted immeasurable harm on Iowans during the 2017 legislative session, taking rights away from more than 180,000 workers, slashing funding for higher education and human services, and approving the third-smallest K-12 school funding increase in four decades. The worst part is, they’re nowhere near finished.

Iowa Senate Minority Leader Rob Hogg has flagged twelve of the most destructive bills still alive in the GOP-controlled House and Senate. Any Iowan can attend public hearings scheduled for March 6 or 7 on four of those “dirty dozen” bills. Those who are unable to come to the Capitol in person can submit written comments on the legislation or contact Republican state representatives or senators directly by phone or e-mail.

Here’s what you need to know about the four bills most urgently requiring attention.

It was a busy week in Iowa politics, as state lawmakers raced the clock before the first “funnel” deadline on Friday. With few exceptions, non-appropriations bills not yet approved by at least one Iowa House or Senate committee are no longer eligible for consideration during the 2017 legislative session. For roundups of which bills are alive and dead, see James Q. Lynch’s story for the Cedar Rapids Gazette and the Des Moines Register article by William Petroski and Brianne Pfannenstiel. Bleeding Heartland covered the demise of the “personhood” bill here.

Some bills that didn’t clear the funnel may be attached to appropriations bills later. Republican State Senator Brad Zaun hopes to revive a medical cannabis proposal that way, Tony Leys reported for the Des Moines Register.

I enclose below Iowa Senate Minority Leader Rob Hogg’s post-funnel list of the “dirty dozen” bills that Democrats are most focused on blocking during the remainder of the legislative session.

This is an open thread: all topics welcome. I’d especially appreciate tips on newsworthy comments from today’s legislative forums around the state. A Democrat in Muscatine asked State Representative Gary Carlson this morning whether he had any evidence of election fraud and whether he would acknowledge that the Republican voter ID proposal is a voter suppression bill. Carlson told her, “I just want the right people to vote.” Probably more honest than he meant to be. John Deeth explained the latest disenfranchising provisions House Republicans want to attach to Secretary of State Paul Pate’s bill, now named House File 516.

Final note: although it was sunny and unseasonably warm today in Des Moines, only about 100 people showed up for the “Spirit of America” rally by the Capitol building. A much larger crowd came to the Capitol on a very cold Thursday in February to march against President Donald Trump’s “Muslim ban” and immigration executive orders. An estimated 26,000 turned out for the Iowa Women’s March at the same venue on a Saturday morning in January.

UPDATE: Added after the jump side by side photos of the Women’s March and today’s event. SECOND UPDATE: A reader sent me his photo (taken by a drone) of the crowd at the Capitol for the “Day Without Immigrants” rally on Thursday, February 16. Added below.

Zaun was the first speaker to the pro-Trump audience today, and he noted (accurately) that he was the first Iowa Republican elected official to endorse Trump for president. He didn’t mention that he had previously declared himself “110 percent behind” Wisconsin Governor Scott Walker, whose campaign flamed out months before the Iowa caucuses. On caucus night, Trump finished third in the Senate district Zaun represents, behind Senators Marco Rubio and Ted Cruz.

UPDATE: Past and future presidential candidate Martin O’Malley was back in central Iowa on March 4, attending a fundraiser for State Senator Nate Boulton, among other events. O’Malley’s 2016 presidential campaign had a strong organization on the east side of Des Moines, which is part of Boulton’s district. The former governor of Maryland has visited Iowa regularly since the election, including stops in Davenport to support the special election campaigns of Jim Lykam for the Iowa Senate and Monica Kurth for the Iowa House.

No medical cannabis bills made it through the Iowa legislature’s “funnel” this week. Quinn Symonds comments on the debate and recounts a March 1 event advocates organized to inform state lawmakers about the issue. -promoted by desmoinesdem

In my previous Bleeding Heartland post, I talked about key differences between Republican and Democratic proposals on medical cannabis. I’m hoping that if you did catch the last piece, you understand how neither of the bills are adequate. After visiting the Capitol on Wednesday and talking to many leaders, one thing became clear to all of us: there isn’t so much a party divide as a lack of enthusiasm from Republican leaders.

Have you wondered why U.S. Representative David Young (IA-03) voted with fellow Republicans to table indefinitely a resolution “directing the House to ask for 10 years of [President Donald] Trump’s tax returns,” only four days after telling constituents the president should release those returns?

Explaining his vote today, Young demonstrated that he is ill-suited to the task of holding Trump accountable.

Anna Ryon has filed papers with the Federal Election Commission to run for Congress in Iowa’s third district, she confirmed on March 2. Her official campaign launch will take place in Des Moines on March 8; scroll down for event details. Ryon is also planning a March 11 event in Council Bluffs, the second-largest city in IA-03.

An attorney currently working for the Office of Consumer Advocate, Ryon began publicly exploring a Congressional campaign last month. Bleeding Heartland posted more background on the candidate here. Ryon said yesterday that new English and Spanish-language versions of annaryon.com will be online soon. Blue Wave Political Partners will help manage her campaign, and she has chosen to open her campaign bank account “at an institution that is not invested in the Dakota Access pipeline.”

Ryon is the second Democratic challenger in IA-03 to declare this week. Mike Sherzan formally entered the race on March 1. As Bleeding Heartland discussed here, other possible candidates include State Senator Matt McCoy and longtime Iowa Democratic campaign operative Pete D’Alessandro.

Two-term Representative David Young is on the Democratic Congressional Campaign Committee’s long list of targets for 2018. The sixteen counties in IA-03 contain 167,249 active registered Democrats, 177,408 Republicans, and 167,222 no-party voters, according to the latest figures from the Iowa Secretary of State’s office.

Market research and polling expert Kent Kroeger argues that without a major re-branding effort, the national and Iowa Democratic Party will not build a durable electoral majority anytime soon. -promoted by desmoinesdem

The Democrats’ brand, nationally and here in Iowa, is in desperate need of a reboot. The once growing assumption that the Donald Trump presidency will soon implode ended with his speech to Congress last Tuesday.

Following the speech, many Democrats finally reached Kübler-Ross’ final stage of grief over the 2016 general election: acceptance.

Republican State Senator Mark Chelgren has a history of grabbing headlines by filing unworkable bills or making offensive statements. This year, his attention-seeking behavior backfired in a big way.

Corky Siemaszko reported for NBC News yesterday that Chelgren’s official bio wrongly claimed he had a “business degree” from the “Forbco Management school.” In reality, Chelgren took a management course while working for the Sizzler restaurant chain. The story went viral, not just in Iowa.

Chelgren denied any “attempt to inflate” his resume. But although the Iowa Senate Republicans have removed any reference to the so-called business degree from their website, Chelgren’s corporate website still misleads regarding his college education.

Mike Sherzan made it official yesterday: he is running for Congress again in Iowa’s third district. I enclose below his announcement and background on the candidate, who finished second to Jim Mowrer in the 2016 Democratic primary. Sherzan has attended numerous recent political events in central Iowa, including last night’s fundraiser for the House Truman Fund in Des Moines.

In a short new video, Sherzan said, “Like most Iowans, I’m fed up with what’s going on with Washington politics. Iowans deserve a progressive leader, not a Washington career politician. That’s why I’ve decided to run for Congress.” During last year’s campaign, he highlighted his business practices as a reflection of his values: treating workers fairly, sharing profits with employees, paying women the same as men, and promoting employees of either gender based on performance.

Speaking to Kathie Obradovich of the Des Moines Register, Sherzan criticized “the lack of leadership we have in the 3rd District” and charged, “We have individuals who have been elected to office who hid their intentions, in my opinion, and they’re using what people voted for to put into policy and then legislative action their own agendas, they’re far-right agendas.”

GOP Representative David Young has drawn criticism this week for voting against a House resolution seeking to force President Donald Trump to release his tax returns. During a public forum in Urbandale on February 23, Young had said, “Donald Trump should release his taxes. It’s a no-brainer.”

At least one candidate will likely compete against Sherzan for the Democratic nomination in IA-03. Anna Ryon, an attorney with the Office of Consumer Advocate, has scheduled a “Meet Anna/Special Announcement” event in Des Moines on March 8, which is International Women’s Day. Ryon confirmed last month that she is considering a Congressional campaign and already has a website up. UPDATE: Added below a March 2 news release from Ryon about her upcoming event.

Pat Rynard reported for Iowa Starting Line on February 28,

Some recent rumors point to longtime Iowa political consultant Pete D’Alessandro strongly considering a bid as well. D’Alessandro served most recently as Bernie Sanders’ campaign coordinator for Iowa in the caucus. He’s been involved in nearly every major Iowa Democratic race in one way or the other for the past two decades, serving in key roles on Tom Vilsack, Chet Culver and Leonard Boswell’s campaigns, as well as Bill Bradley’s Iowa Caucus operation in 2000.

When I sought comment, D’Alessandro didn’t rule out a campaign in IA-03: “Bernie Sanders has inspired so many people over the last two years–both veterans of the political process and those new to the process. Like many of them, I’m looking as to how I can help move the progressive movement forward. Running for office is certainly one of those options.”

The sixteen counties in IA-03 contain 167,249 active registered Democrats, 177,408 Republicans, and 167,222 no-party voters, according to the latest figures from the Iowa Secretary of State’s office. Young won re-election in 2016 by 53.4 percent to 39.7 percent, outperforming the top of the GOP ticket by about five points. Although Trump carried IA-03 by 48.5 percent to 45.0 percent, the swing to the Republican presidential nominee here was significantly smaller than in Iowa’s first and second Congressional districts.

IA-03 is on the Democratic Congressional Campaign Committee’s long list of 2018 targets but not among the 20 top-priority Republican-held districts.

UPDATE: Forgot to mention State Senator Matt McCoy, who considered but decided against running for Congress in 2016. He is up for re-election next year in Senate district 21, covering parts of Des Moines and West Des Moines. He would have to abandon his seat in the legislature in order to challenge Young in 2018.

SECOND UPDATE: McCoy didn’t rule out running for Congress, telling me, “I won’t make any decision until fall 2017.”

One of the anti-abortion community’s top legislative priorities, a bill declaring that life begins at conception, appears likely to perish in this week’s “funnel.” Social conservatives introduced companion “personhood” bills in the Iowa House and Senate two weeks ago. Under legislative rules, all non-appropriations bills must pass at least one committee in one chamber by March 3 in order to remain eligible for consideration this year.

However, House File 297 has not even been assigned to a House Human Resources subcommittee, and Senate File 253 appears not to have the votes to get out of the Senate Judiciary Committee.

The University of Iowa has decided to reinstate scholarships to undergraduates who were informed recently that they would lose promised funding. I enclose below an e-mail many students received this morning from President Bruce Harreld.

Two students had already filed class-action lawsuits over the university’s decision to terminate five scholarships in order to save some $4.3 million. A trial pitting the university against children of alumni would be a public relations nightmare. In addition, Harreld would have had to explain under oath why university officials wrongly claimed last week to have warned current scholarship holders that awards were contingent on state funding levels.

In today’s message to students, Harreld noted,

Over the past few days we heard from many families who were unaware this was a renewable scholarship reliant on state support. While this was not a need-based award, we also heard from families who budgeted for college based on the scholarships and feared financial hardship with the programs’ elimination.

The University of Iowa takes its relationship with students and alumni very seriously and, therefore, will honor the awards previously made to those currently receiving this scholarship. […]

Moving forward we must continue to place a priority on need-based and merit-based awards, which is why the Iowa Heritage Award will no longer be offered to new students who start at the university in 2018.

I also enclose below a statement released by the university.

UPDATE: Added comments from James Larew, the attorney representing plaintiff Jenna Pokorny.

A new bill that would have named a task force to study licensing requirements in Iowa will not move forward this legislative session, Republican State Representative Dawn Pettengill told representatives of the National Association of Social Workers Iowa chapter. House Study Bill 174 replaced an earlier proposal from Governor Terry Branstad, which would have eliminated licensing requirements for numerous professions. During the past week, House Study Bill 138 generated as many constituent contacts to Iowa lawmakers as the bill passed earlier this month to destroy collective bargaining rights. Among other things, the governor’s licensing bill would have reduced insurance coverage for mental health care services. On February 27, an Iowa House State Government subcommittee voted not to move that bill forward.

House State Government Committee Chair Ken Rizer introduced the replacement licensing bill on February 28. In addition to changing regulations in several other areas, House Study Bill 174 called for a new task force to review Iowa’s licensing requirements and report back to the legislature by the end of 2017.

Although Rizer’s bill would not have immediately affected marriage and family therapists, mental health counselors, or social workers, the leading association representing Iowa’s social workers expressed concern that “the taskforce as outlined would mostly be selected by the Governor, who has demonstrated that he wants to de-professionalize many different important professions that serve some of our most vulnerable populations.” (You can read the task force membership provisions on on page 37.) The social workers group was seeking an amendment to give licensed professionals greater influence over the task force membership. But last night, Pettengill–one of two Republicans on the subcommittee where the new bill was assigned–said House Study Bill 174 was dead.

Most non-appropriations bills must be approved by at least one Iowa House or Senate committee by March 3 in order to stay alive for this year. Bills need to clear a subcommittee before coming up for a full committee vote.

Whether the licensing task force language led to the new bill’s demise is not clear. The lobbyist declarations on House Study Bill 174 show substantial opposition, presumably related to other provisions on regulating hospitals and electricians.

P.S. Attention-seeking State Representative Bobby Kaufmann could have let the governor’s original licensing bill die quietly by not scheduling a subcommittee hearing, as is normal practice in the Iowa legislature. Instead, the publicity hound wasted a lot of people’s time before drawing cheers as he ripped up the bill’s cover sheet. Alas, television cameras had already left the meeting room before Kaufmann’s dramatic gesture. The young Republican lawmaker was literally not ready for prime time.

Iowa Democratic Party Chair Derek Eadon wrote to members of the party’s State Central Committee on Monday to explain why he supported Tom Perez to lead the Democratic National Committee. Among the roughly half of SCC members who supported Bernie Sanders for president in 2016, many are unhappy that 1) the Iowa delegation unanimously backed Perez instead of casting some of their votes for Keith Ellison, the preferred candidate of most on the Sanders wing, 2) SCC members were not consulted about the decision, and 3) SCC members received no advance warning before Perez’s campaign tweeted out the news on the day before the DNC election.

Over the weekend, a number of SCC members were among the Iowa activists vehemently expressing their disappointment in public and private forums on Facebook. Several asserted that Eadon and First Vice Chair Andrea Phillips had previously committed to supporting Ellison. Some drafted a joint letter to Iowa’s five voting members of the DNC (Eadon, Phillips, Scott Brennan, Sandy Opstvedt, and Jan Bauer) criticizing the bloc support for Perez and the lack of transparency surrounding the choice.

Multiple sources involved in those discussions told Bleeding Heartland today that SCC members decided to raise those concerns at an upcoming retreat on March 4, rather than sending a joint letter to the DNC delegation in advance. But former Sanders campaign staffer Evan Burger, one of the fourth Congressional district’s representatives on the SCC, did go public with his views. In a commentary for Iowa Informer, Burger argued the “block vote for the establishment candidate was a tone deaf move” symbolizing “a continuation of business as usual” in the Democratic Party.

After the jump I’ve posted the full text of Eadon’s message to the SCC, excerpts from Burger’s post, and part of an e-mail blast by Ed Fallon, an influential voice among Iowa progressives.

UPDATE: Added an excerpt from the speech Phillips gave at the January 21 State Central Committee meeting, where she was elected first vice chair.

A guest commentary by a committed activist who served on the Iowa Democratic Party Platform and Rules Committees and currently serves on a county central committee. -promoted by desmoinesdem

I believe in obeying the Constitution. The 14th Amendment says that debts of the USA shall not be questioned. Steve King–and most Republicans–voted to not raise the debt ceiling which would have put the government in default. That vote led to the downgrading of the government’s credit rating. The 14th amendment also guarantees equal protection under the law. But Republicans don’t think the Constitution applies to same sex couples who wish to marry. George W. Bush violated the constitutional rights of Americans by spying on them without a warrant. Democrats objected; Republicans didn’t. President Barack Obama nominated a replacement for the late Justice Scalia. Republicans senators refuse to do their duty and vote to confirm—or not—that nominee.

I don’t believe judges should legislate from the bench, but I do believe they must strike down laws that violate the Constitution. Republicans applauded the U.S. Supreme Court for striking down the Washington D.C. handgun law, but went nuts when the Iowa Supreme Court unanimously struck down the law banning gay marriage. Republicans agreed when activist justices on the U.S. Supreme Court created a new right for corporations to spend unlimited secret money to try to buy our elections with misleading TV ads; Democrats want that decision overturned.

Originalists, who claim that the Constitution must be interpreted as the Founding Fathers meant it, are contradicted by the Founding Fathers themselves.

Gary Kroeger comments on “Stand Your Ground,” part of a wide-ranging gun bill that has concerned some law enforcement officials. -promoted by desmoinesdem

With Republicans taking the majority in both the Iowa Senate and House there are going to be several Republican-based initiatives that have been waiting (im)patiently in the wings for several years, that will become front and center as the legislature reconvenes.

One such issue is going to be Castle Doctrine.

Castle Doctrine has been around for several years, but became scrutinized as a result of the Trayvon Martin murder in Florida in February of 2012. It is the position that a person’s abode (their “castle” or, in some states, any place legally occupied, such as a car or work envirnoment) is a place in which the person is entitled to certain protections and immunities and may attack an intruder without becoming liable to prosecution.

“Stand Your Ground” law is a term that we probably hear more often, and it is a broader realization of that concept and states that a person may use deadly force in self-defense when there is reasonable belief of a threat, without an obligation to retreat first.

University of Iowa undergraduate Ben Muller filed a class action lawsuit today in Polk County District Court, charging that the university “revoked its scholarship offers to Plaintiff and the putative class without warning, without due process, and without just compensation.” Muller is among 3,015 undergraduates who learned last week that the University of Iowa was discontinuing five scholarship programs to help cover losses in state funding. Scroll down to read the full seven-page court filing, which alleges multiple violations of the Fifth and Fourteenth Amendments to the U.S. Constitution.

In a news release also enclosed below, attorney Steve Wandro described the university’s action as “not only immoral, but illegal as well.” Jon Muller, the plaintiff’s father, said, “What has occurred here is insane. My son’s decision to attend the University of Iowa was partially based on his being awarded a scholarship.”

Attorneys have scheduled meetings in West Des Moines and Iowa City this Saturday for “students, parents of students, and interested alumni to discuss their concerns and legal options.” The press release includes details on meeting locations and times.

The plaintiff is asking for a jury trial. A Facebook page created to support a class-action filing has nearly 250 likes.

My hunch is that University of Iowa President Bruce Harreld and his advisers will come up with a face-saving way out of this mess before Muller and other members of his class have their day in court. A trial pitting the university against students, most of whom are children of alumni, would generate massive terrible publicity.

After Harreld figures out how to cover the $4,343,699 the university planned to save by canceling the current students’ scholarships, he needs to deal with an extra $1,237,500 reduction in state funding before June 30. The Branstad administration announced additional mid-year cuts to higher education last Friday.

UPDATE: Added below details on a second class-action lawsuit that undergraduate Jenna Pokorny filed in Johnson County District Court on February 27.

Advice from Laura Hubka, chair of the Howard County Democrats and member of the Iowa Democratic Party’s State Central Committee. -promoted by desmoinesdem

I suggest planting a very large garden this year if you like your produce.

All people with so-called “questionable immigration status” (brown people) are being rounded up. I get it. There are laws in this land. It makes me sick to my stomach and sad.

Iowa House Majority Leader Chris Hagenow is committed to preserving Iowa’s “great system” of having a non-partisan commission draw new political maps following each ten-year census, he told Bleeding Heartland on February 25. Iowa’s redistricting process has been a model for the country since the 1970s. I’ve been concerned that during the next few years, Republicans might use their political power to enact a new redistricting law. Following the 2010 census, gerrymandering gave the GOP airtight state legislative majorities in Pennsylvania, Michigan, and Wisconsin, and several other states.

Since the majority leader controls which legislation reaches the Iowa House floor, I asked Hagenow after a February 25 public forum in Clive whether he would ever consider supporting a bill to change Iowa’s redistricting process. “No, we’re not doing that,” he said emphatically. Would he consider such legislation in 2019 and 2020, if Republicans still control both chambers? “No, I don’t want that. We have a great system.”

I noted that everywhere Republicans have had the trifecta during the last decade, they have gerrymandered. Hagenow responded, “We have not had that conversation. I think we’ve got a great system. I think that we should continue with that system.”

Even if Republicans retain the governorship and Iowa House and Senate majorities in 2018? “Yes. We’ve got a great system.”

A few minutes later, I put the same question to Republican Senator Charles Schneider, who serves as Iowa Senate majority whip. “I will never support that,” he said without hesitation. You will never support gerrymandering? “Nope, never.” Even if Republicans control the legislative and executive branches after 2018? “Never. What we have right now is fair.”

I will follow up with House Speaker Linda Upmeyer, Senate Majority Leader Bill Dix, and Lieutenant Governor Kim Reynolds, to see if they also will unequivocally promise to protect non-partisan redistricting in Iowa. The more Republican elected officials we can get on the record now, the better. In November, staff for Governor Terry Branstad did not respond to my e-mails seeking comment on whether the governor would rule out signing a bill that replaced the current system with rules allowing the political party in control of the legislature to draw new legislative and Congressional districts.

A Republican bill that would have made Iowa courts far less accessible to ordinary people will die in an Iowa Senate subcommittee, GOP State Senator Charles Schneider told Bleeding Heartland on February 25. Bill Brauch, former director of the Consumer Protection Division in the Iowa Attorney General’s Office, explained here how the so-called “loser pays” bill “would in effect kill Iowa’s private consumer fraud law, and just about eliminate any other type of legal action by an individual against a defendant with money.”

Senate Judiciary Committee Chair Brad Zaun introduced Senate Study Bill 1008 during the first week of the legislative session, then assigned it to a subcommittee chaired by Schneider. Following a February 25 public forum in Clive, I asked Schneider about that bill’s status. He replied, “I don’t think it’s going anywhere. I haven’t held a subcommittee meeting for it, and I’m not planning to.”

I mentioned that Senate Majority Leader Bill Dix had named “loser pays” as one of his top four priorities in an interview with Radio Iowa. Schneider responded, “I’m not planning to hold a subcommittee meeting on it. I don’t think any other tort reform bills include a ‘loser pays’ section in them.”

Under Iowa legislative rules, most non-appropriations bills will be dead for the year if they have not cleared at least one Iowa House or Senate committee by the first “funnel,” coming up on Friday, March 3. The leaders of subcommittees and committees have discretion on what bills to bring up for a vote.

I’m pleasantly surprised to learn Senate Study Bill 1008 will go down without a fight. Only a month and a half ago, Dix cited a “measure that ensures losers in those court cases pay for the cost associated with the case” as one of “four bills that I believe define us and give Iowans a clear indication of where we plan to go with policies for our state.” The Iowa Association of Business and Industry, a lobby group with substantial influence among statehouse Republicans, registered in favor of this bill almost immediately. Perhaps Schneider, who practices law as a day job, was able to convince non-attorneys Dix and Zaun that “loser pays” is unnecessary and unfair. Or perhaps Zaun miscalculated by putting Schneider in charge of this subcommittee.

Whatever caused this bill’s demise, any bit of good news from this dreadful legislative session is worth celebrating.

UPDATE: Reader Marian Kuper noticed that Senate Study Bill 1144 contains a “loser pays” clause for nuisance lawsuits against large livestock farms. Senate Agriculture Committee Chair Dan Zumbach proposed that bill, which contains several provisions designed to shield confined animal feeding operations (CAFOs) from lawsuits. It has passed a subcommittee and appears likely to survive the funnel, with support from several Big Ag lobby groups.