# 2009 Session



Iowa Republicans have abandoned executive branch oversight

Governor Kim Reynolds has been lucky at key points in her political career. Terry Branstad passed over more experienced contenders to select her as his 2010 running mate, allowing a little-known first-term state senator to become a statewide elected official. Six years later, Donald Trump won the presidency and named Branstad as an ambassador, setting Reynolds up to become governor without having to win a GOP primary first.

Most important, Reynolds has enjoyed a Republican trifecta her entire four years as governor. Not only has she been able to sign much of her wish list into law, she has not needed to worry that state lawmakers would closely scrutinize her administration’s work or handling of public funds.

During the legislative session that wrapped up last month, the GOP-controlled House and Senate rejected every attempt to make the governor’s spending decisions more transparent. They declined to hold even one hearing about questionable uses of federal COVID-19 relief funds or practices at state agencies that disadvantaged thousands of Iowans.

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Friends and former colleagues remember Rich Olive

Former State Senator Rich Olive died of cancer yesterday at the age of 66. He represented Wright and Hamilton counties, along with some rural areas in Story and Webster counties, from 2007 through 2010. During that time, he chaired the Iowa Senate Government Oversight Committee.

Many Iowans who knew Olive through his work in the legislature agreed to share some of their memories with Bleeding Heartland readers.

Photo of Rich Olive at the capitol taken by Senate Democratic staff; used with permission.

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

I seem to have jinxed things by praising Democratic state legislators who allowed the Iowa Department of Natural Resources’ new clean water rules to go forward this week.

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.  

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Pitiful settlement reached in nursing home neglect case

What happens when you fracture your ankle and no one checks on your wound or changes your stocking for 25 days? Ruth Louden, an otherwise healthy 89-year-old, developed gangrene, leading to the amputation of her leg. Her health went downhill quickly, and she died within months. Federal officials hit the Friendship Manor nursing home in Grinnell with a fine of $112,650. But the owner, Tim Boyle, appealed the fine and has settled for $75,397.

If management had brought Friendship Manor into compliance with all regulations on patient care during the past year, reducing the fine might be justified. But according to Clark Kauffman of the Des Moines Register, another patient died last year because of an accident linked to an unsafe walkway at the facility. That’s not all:

• In November, state inspectors compiled a 45-page list of deficiencies at the home, including:

• Improper use of physical restraints.

• Failure to meet a professional standard of care.

• Failure to provide incontinence care.

• Failure to prepare food under sanitary conditions.

• Failure to adhere to infection-control guidelines.

Current protocols for nursing home inspections and fines don’t appear to be compelling this facility’s managers to meet reasonable standards of care. It may be cheaper for owners to accept the occasional federal fine (after appealing to get it reduced) than to bring conditions up to par.

Iowa nursing homes have less to fear than ever from state regulators. During last year’s legislative session, lawmakers voted unanimously to eliminate “a broad range of fines against Iowa nursing homes that fail to meet minimum health and safety standards.” Friendship Manor owner Tim Boyle heads the nursing home industry’s main lobbying group, which provided a a textbook case of how to buy influence at the Iowa statehouse.

Even now, some Iowa legislators think regulators are too tough on nursing homes. What a sorry state of affairs in a state with one of the highest proportions of elderly people in the population.

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Year in review: Iowa politics in 2009 (part 2)

Following up on my review of news from the first half of last year, I’ve posted links to Bleeding Heartland’s coverage of Iowa politics from July through December 2009 after the jump.

Hot topics on this blog during the second half of the year included the governor’s race, the special election in Iowa House district 90, candidates announcing plans to run for the state legislature next year, the growing number of Republicans ready to challenge Representative Leonard Boswell, state budget constraints, and a scandal involving the tax credit for film-making.

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Year in review: Iowa politics in 2009 (part 1)

I expected 2009 to be a relatively quiet year in Iowa politics, but was I ever wrong.

The governor’s race heated up, state revenues melted down, key bills lived and died during the legislative session, and the Iowa Supreme Court’s unanimous ruling in Varnum v Brien became one of this state’s major events of the decade.

After the jump I’ve posted links to Bleeding Heartland’s coverage of Iowa politics from January through June 2009. Any comments about the year that passed are welcome in this thread.

Although I wrote a lot of posts last year, there were many important stories I didn’t manage to cover. I recommend reading Iowa Independent’s compilation of “Iowa’s most overlooked and under reported stories of 2009,” as well as that blog’s review of “stories that will continue to impact Iowa in 2010.”

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Gronstal: Legislators see few benefits from film tax credit

Iowa Senate Majority Leader Mike Gronstal discussed the film tax credit fiasco on this weekend’s Iowa Press program, and it sounds like defenders of the tax credit will be fighting an uphill battle during next year’s legislative session:

“I think we’re going to get this investigation from the Attorney General and from the State Auditor. I think we’re going to do a good evaluation of the program and if we can’t show a real benefit to the state of Iowa – and not just a few part-time jobs, but a real long-term benefit to the state of Iowa – I think it’s 50-50 as to whether this program continues.”

According to Gronstal, he and other legislators right now “see very little in terms of potential benefits” to the state from the film tax credits which have been awarded already.  […]

Gronstal says he may regret having voted to create the program and he expects some political fall-out from this episode.

“People will be disappointed in that, but I think it’s the responsibility of the legislature – we try things in economic development. Everything we try doesn’t work and it’s perfectly o.k. to occasionally decide, ‘You know, we’ve (gone) down a road and that road doesn’t make as much as sense as we thought it made,’” Gronstal says. “And so we’re going to go back and change that.”

Gronstal also defended Governor Chet Culver, saying “once he found out about [problems with the film tax credit] he acted quickly and put the program on hold and got people to investigate.”

Gronstal expressed surprise that a flood of applications for film tax credits this spring allowed producers to get around the $50 million annual cap the legislature approved for the program. (Note to legislators: next time you cap a tax credit, make the law go into effect immediately on being signed by the governor.)

Culver has ordered a comprehensive review of all Iowa tax credits, and Gronstal made clear that legislators will subject these programs to additional scrutiny in the coming year:

“If you can show that a tax credit creates a climate, for instance, the research activities tax credit – if you can show that that keeps an industry here in the state of Iowa and builds long-term jobs and high-wage, high-skills jobs in this state where there’s a net benefit to the state by having that set of jobs come along with it, yeah, that makes sense,” Gronstal says.  But Gronstal says if you can’t show that, then the tax credit should be repealed.

A critical analysis of Iowa’s tax credits is overdue, but better late than never. State revenues continue to lag behind projections because of the recession. Repealing wasteful tax credits could reduce the size of state spending cuts during the 2010 fiscal year. Iowa Republicans would like to plug the budget gap entirely through spending cuts, but they forget that deep spending reductions by state and local governments can also be a drag on the economy.  

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Five reasons to vote in today's school board elections

School board elections are being held across Iowa today. Here’s why you should get out and vote.

1. Everyone should support strong educational standards in our schools and competent management of the school district’s affairs, whether or not you have kids in school or will have in the future.

2. Your vote is more likely to make a difference in a low-turnout school board election. Many of these races will be decided by a handful of votes.

You should vote even if your school board election is a snoozer, with only as many registered candidates as seats available. Extremely low turnout creates opportunities for fringe candidates to win seats on write-in campaigns.

3. Your property tax dollars are being spent in the local schools, whether or not you have kids. Homes in a good school district are often worth more than comparable homes in an area with lower-performing schools.

4. School board members vote on some issues that affect the broader economy and quality of life. For instance, property values in established neighborhoods and the ability of many kids to walk to school were harmed when school boards closed Roosevelt Elementary in Ames a few years ago and voted this year to close Roosevelt Elementary in Iowa City.

Iowa school boards will be less constrained in making decisions on school closures going forward. This summer, the Iowa Supreme Court invalidated the Barker rules on school closure procedures that the State Board of Education adopted more than 30 years ago. That ruling simultaneously rejected the lawsuit of parents challenging the Des Moines school board’s decision a few years ago to close several schools. Click here for the Iowa Supreme Court ruling (pdf file).

5. Iowans will have almost no legal recourse against future decisions by school boards, thanks to a law the Iowa legislature adopted during the 2009 session. House File 233 was a below-the-radar bill that unanimously passed both the House and Senate. It changed the rules so that citizens have only ten days (as opposed to the 12 months previously allowed) to file a lawsuit challenging a school board’s decision on disposition of property.

For all practical purposes, it is impossible to find plaintiffs, hire legal counsel, draft arguments and file a complaint in ten days. It’s disappointing that a bill limiting legal checks on a school board’s actions passed with so little public debate. Despite following the news during the legislative session closely, I would never have heard about this bill if not for a panel discussion at the 1000 Friends of Iowa annual meeting in July.

House File 233 makes it all the more important for citizens to choose their school board members wisely. Abuses of power can happen, and there’s no guarantee school boards will always comply with the law. For instance, Spirit Lake school board members “met illegally twice in 2007 and 2008” and were fined by a judge this year. Amazingly, no challengers filed to run against two of the incumbents involved.

If you’re reading this post at work, it should only take you a few minutes to vote on the way home today. Or, if you’re reading this at home, zip out to vote before or after dinner.

Your local newspaper probably has published short bios of the candidates. For those in central Iowa, these nine candidates are seeking four spots on the Des Moines school board, and here’s a list of candidates in other Des Moines-area districts. John Deeth has been covering the Iowa City school board campaign at his blog.

Sometimes it can be hard to figure out what the candidates stand for based on news reports or vague campaign mailings. If you aren’t sure how to vote, ask a friend who has attended a candidate forum or has been following the school board campaign closely. (Teachers and retired teachers can be good sources of information.) Many of my well-informed friends speak highly of Des Moines school board candidate Margaret Buckton, for instance.

Please post any comments about education or school board elections in this thread.

Pharmacy group didn't disclose reception for governor, lawmakers

Groups that throw receptions for Iowa legislators are supposed to file a disclosure report within five business days of the event, but the Iowa Pharmacy Association filed paperwork for its February 10 reception only this week. Why now? Journalists have been asking about the event that preceded State Representative Kerry Burt’s drunk driving arrest around 2 am on February 11. Burt told an Ankeny police officer that he’d been drinking with the governor that evening.

I agree with Iowa Citizens for Community Improvement; the Iowa Pharmacy Association’s disclosure violation once again demonstrates the need for campaign finance reform. I’ve posted a press release from Iowa CCI after the jump. Excerpt:

Several years ago, state lawmakers voted to strip oversight powers from the nonpartisan State Ethics and Campaign Disclosure Board and task the House and Senate Ethics Committees with oversight responsibilities.  Since then, the number of reported filings have gone down, as has the amount of money spent at lobbying events.

“What other profession in the state is allowed to regulate themselves,” asks Ed Rethman, Iowa CCI member from West Des Moines.  “Are doctors allowed to license themselves?”

The Des Moines Register reported in April that many interest groups are providing free food and drink to legislators without properly disclosing how much they spend on these events. Usually, the public never finds out about these events, because no one gets arrested afterwards.

Wining and dining legislators is only one of many ways to buy influence at the Iowa statehouse. Many interest groups hire expensive lobbyists. Some pay legislators’ expenses for out of state trips. Then there’s good old-fashioned contributions to political parties and campaign funds, which are unlimited in Iowa. These methods bury a lot of good ideas and get some bad ideas signed into law.

Meanwhile, what passes for campaign finance reform in the Iowa legislature is a joke.

Any suggestions for making progress on this issue are welcome in this thread.  

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More details on extra help for Iowa's unemployed

I recently discussed how Iowa is fully utilizing federal stimulus funds to expand unemployment benefits, unlike many other states, which are leaving all or part of that money on the table.

The Iowa Senate highlighted steps taken during the 2009 session to extend unemployment benefits, which went into effect on July 1:

· Improving and expanding services for unemployed Iowa workers. By making reforms to Iowa’s unemployment insurance program, our state will receive $70.8 million from the federal government to extend benefits for unemployed workers in training programs. It makes sense to support Iowans who are trying to upgrade their skills by attending community college and other types of training.

· Paying unemployment claims for replacement workers who become unemployed when Iowa National Guard and Reserve members return to their local jobs after active duty. When our soldiers come home, the state should help the replacement workers without penalizing employers.

· Providing $18.9 million to workforce field offices across Iowa. Iowa has 55 workforce centers, which provide job counseling, training, placement and other assistance. These services help laid off workers move forward and help local businesses find the employees they need.

For more details, read the full text of Senate File 197 here.

Note: the $70.8 million in federal funding for expanded unemployment benefits came from the economic stimulus bill, or American Reinvestment and Recovery Act. All House Republicans, including Iowa’s Tom Latham and Steve King, voted against that bill, as did almost all Senate Republicans, including Chuck Grassley.  

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Do Iowa's budget problems warrant a special legislative session?

Iowa’s 2009 fiscal year ended on June 30, and if the Legislative Service Agency’s projections are correct, net revenues will fall well short of what legislators anticipated when they approved the 2009 budget. The Legislative Service Agency puts the possible shortfall at $161 million, whereas Iowa’s budget director Dick Oshlo says things don’t look that bad:

Total gross receipts for FY 2009 are $6.921 billion, which is only $57.7 million lower than the Revenue Estimating Conference’s official estimate of $6.979 billion.

Dick Oshlo, state budget director, said: “With yesterday marking the end of the fiscal year, we now know the state’s gross receipts for FY 2009. While the state’s tax receipts deteriorated more than expected during the last two months of the fiscal year due to the ongoing effects of the national economic recession, this is a manageable number. Fortunately, receipts improved during the final days of June.  At this point we see no legitimate reason for a special session to balance the state’s budget.”

Meanwhile, Republican State Representative and gubernatorial candidate Chris Rants says Governor Chet Culver should call legislators back to the capitol:

“It is time to quit worrying about the political ramifications of admitting that we have a deficit and get about the business of fixing it,” Rants said. “Gov. [Tom] Vilsack put aside partisan politics and called a special session in 2001 and 2002 to balance the budget after revenues declined. Culver needs to do the same.”

I wasn’t living here during Vilsack’s first term and don’t know how bad the projected shortfalls were in those years, compared to what Iowa is facing now. Culver’s office argues that we won’t know the real picture for a while yet:

The LSA’s figures are just estimates, and true net receipts won’t be known until September when the Department of Management closes the books on the fiscal year 2009 budget.

There is also revenue that will be collected within the next 90 days but allocated to the fiscal year that ended Tuesday, money that will improve the state’s financial situation and is not included in the LSA projections.

Culver Press Secretary Troy Price told the Iowa Independent last month that until accruals, expenditures and refunds are all taken into account there is no way of getting an accurate picture of the 2009 budget.

Like Chris Woods, I felt a special session was warranted last year to address flood relief and recovery issues, but that never happened. Incidentally, many Iowa Republicans opposed calling the legislature back in response to the flooding.

I’d like to hear from others in the Bleeding Heartland community. Should Culver call legislators back in light of the possible budget deficit?

I’ll update this post later today after Culver’s press conference with State Treasurer Mike Fitzgerald. According to Lynn Campbell of IowaPolitics.com, they will discuss the budget and “new info” on state finances.

LATE UPDATE: Forgot to update yesterday. As you can see from ragbrai08’s comment below, Vilsack called a special session in October 2001. Like Culver, he waited until all the numbers were in (rather than calling the legislature back shortly after June 30). It’s quite misleading for Rants to suggest Culver is being less prudent here than Vilsack.

At yesterday’s press conference, Culver said he is “very confident” the 2009 budget is balanced. He and Fitzgerald emphasized Iowa’s AAA bond rating:

“In a very partisan way, the Republicans running for governor are misleading people,” Culver says. “…So I think it’s very important to make sure that we hold those people accountable that are misleading Iowans. It’s just not fair. It’s not appropriate and there’s no need for alarm.” […]

Culver is also stressing that the Wall Street firm “Standard and Poors” just “reaffirmed” Iowa’s triple-A bond rating.

“What a timely testimonial from (Standard and Poors.)  They’re just looked at our books inside and out,” Culver says.  “They’ve looked at our debt.  They’ve looked at our revenue streams.  They’ve determined…that Iowa is one of the best-managed states in America.”

That triple-A bond rating (the highest on the Standard and Poors scale) means Iowa will be able to borrow money for the I-JOBS program at favorable interest rates.

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Happy Windsor Heights zip code day!

July 1, 2009 is a big day: the 4,800 residents of Windsor Heights are no longer divided by three zip codes. It couldn’t have happened without Congressman Leonard Boswell’s legislative efforts last year, and that probably wouldn’t have happened without Ed Fallon’s primary challenge. (Note: WHO’s Dave Price attended last night’s event celebrating our new zip code.)

Don’t feel left out if you’re among the 3 million Iowans who aren’t enjoying the good life in our state’s only inner-ring suburb. You too may be affected by one of the many laws that take effect today.

The Iowa House Democrats posted a partial list of these laws on their site, and Jason Hancock provided additional information at Iowa Independent, such as the margin by which these bills passed during the 2009 session. Many won unanimous approval or overwhelming bipartisan majorities in one or both chambers.

Most of the new laws are steps in the right direction for Iowa: increased foreclosure protections; $30 million in historic tax credits; expanded health care for children, low-income pregnant women and adult children under 25; broader eligibility for wind energy tax credits; more job protection for volunteer emergency providers, electronic logbooks to track pseudoephedrine sales. A few of the highlights on the House Democrats’ list deserve additional comment.

New rules for sex offenders: I’m glad that legislators replaced pointless sex offender residency restrictions that did nothing to protect children from predators, according to prosecutors as well as advocates for exploited children.  Too bad nobody listened to State Representative Ed Fallon, who was the only legislator to vote against the 2002 law and got bashed for that vote during his primary challenge against Boswell (see also here). Speaking of campaigns, Chris Rants was one of only three state representatives to vote against the new sex offender law. Will he make this an issue in the gubernatorial race?

Manure application during winter: On principle I think it’s a bad idea for legislators to interfere with the rulemaking process at the Department of Natural Resources. However, amendments greatly improved this bill from the version that passed the Iowa Senate. In fact, the new law includes tougher restrictions on liquid manure application than the rules that the DNR would have eventually produced. It’s important to note that these restrictions only apply to manure from hogs. Cattle farmers face no new limits on what to do with solid manure during winter.

Consumer fraud protections: Iowans rightly no longer need permission from the Attorney General’s Office to sue some types of businesses for fraud. Unfortunately, this law contains an embarrassingly long list of exemptions.

Nursing home rules: It’s pure chutzpah for House Democrats to write, “Nursing homes will face higher fines for incidents resulting in death or severe injury.” More like, nursing homes will no longer be fined for the violations most likely to result in death or severe injury, but are subject to higher fines for offenses regulators never charge anyone with.

Let’s end this post on a positive note. The septic tank inspection law approved during the 2008 session also takes effect today. Over time these inspections will reduce water pollution produced by unsewered communities in Iowa. Credit goes to the legislators who approved this bill last year and to Governor Chet Culver. He wisely used his line-item veto to block State Senator Joe Seng’s attempt to sneak a one-year delay of the septic tank inspections into an appropriations bill.

This thread is for any thoughts about Iowa’s brand-new laws. Probably none of them will be as controversial as the public smoking ban that took effect on July 1, 2008.

Legislators not sold on new junk food rules for schools

In April the Iowa State Board of Education approved new nutrition standards:

A special task force drew up the standards, which set limits on calories, fat content, sugar and other nutritional measures. Carbonated beverages are banned. Caffeinated beverages and sports drinks are banned in elementary schools.

But the rules do not apply to food provided by school lunch or breakfast programs, items sold at concession stands or certain fundraisers or items provided by parents, teachers or others for class events.

Although I would have preferred tougher guidelines, these rules were a step in the right direction. To be more precise, they would have been a step in the right direction. After protests from some school officials, the State Board of Eduation “delayed most of the standards from going into effect until the 2010-11 school year.”

By that time, the regulations may have been relaxed, judging from what happened last week in the state legislature’s Administrative Rules Review Committee (unofficial motto: “Where good rules go to die”). The rest of the story is after the jump.

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Pharmacy board declines to reclassify marijuana in Iowa

I missed this story earlier in the week, but caught it at the Huffington Post on Friday:

The Iowa Board of Pharmacy sidestepped a court ruling this week, which had ordered it to consider whether the state should reclassify marijuana as having medical value. […]

The effort to reclassify marijuana in Iowa is led by the American Civil Liberties Union and local medical marijuana users. […]

The pharmacy board was fully informed by assistant attorney general and counsel to the board Scott Galenbeck of its job. “Judge Novak’s ruling states,” Galenbeck read to the board, “‘The board must determine whether the evidence presented by petitioner is sufficient to support a finding that marijuana has accepted medical use in the United States and does not lack accepted safety for use in treatment under medical supervision.’ A couple sentences before that the judge stated if the board believes that evidence presented by petitioner was insufficient to support such a finding it should have stated such in its order.”

The board had previously rejected the ACLU effort. The civil liberties group appealed to the district court, setting up this week’s rematch.

Yet the Iowa board, instead of asking whether it has “accepted medical use in the United States,” asked whether Iowa should approve of it, which is not a question for the board but for the Iowa legislature.

A bill to legalize the medical use of marijuana was introduced in the Iowa Senate this year. More details about that are after the jump.

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The case for Kate Gronstal on the I-JOBS Board

Iowa Republicans are bashing Governor Chet Culver for appointing Kate Gronstal to the I-JOBS board, which will decide how to spend $118.5 million of the $830 million in I-JOBS money. Kate Gronstal is the daughter of Iowa Senate Majority Leader Mike Gronstal.

Iowa GOP chairman Matt Strawn slammed what he called “political nepotism”:

“I’m sure there are thousands of qualified engineers in this state that don’t raise the red flag that someone who is an immediate family member of a legislator in charge of ramming this through the Senate,” Strawn said.

Since Culver “declined to respond” to Strawn’s allegation, I want to lay out the case for putting Kate Gronstal on this board.

1. She is qualified for the position as a professionally trained structural engineer. It’s not as if the governor put a well-connected person with no relevant experience on the board.

2. By all accounts she is smart and highly capable. People born into political families have certain doors opened for them. I’m sure Marcus Branstad had a leg up on the competition when he was starting his career in Iowa Republican circles. Who cares as long as he is good at what he does?

3. Kate Gronstal’s presence on the board will subject its award process to a higher level of scrutiny. That’s good.

I supported the large infrastructure bonding package because Iowa’s debt load is not that high, interest rates are relatively low, and public works projects can improve the quality of life in the long term while creating jobs in the short term.

However, it is critically important that the I-JOBS money be spent wisely to benefit whole communities, not just a few wealthy developers.

Iowa Republicans never liked Culver’s bonding plan, and they’ll be watching for any mistakes that bolster their misleading talking points. With Kate Gronstal on the I-JOBS board, Republicans will use any unworthy project approved to highlight alleged Democratic nepotism and mismanagement.

I-JOBS has the potential to make Iowa a better place to live. Governor Culver has appointed a qualified board to administer the program. All the board members, and especially Kate Gronstal, have strong incentives to demonstrate that they can handle this responsibility.

After the jump I’ve posted the governor’s press release containing bios for all members of the I-JOBS Board and the Accountability And Transparency Board, which will “make sure Iowa meets or exceeds the accountability and transparency requirements of the American Recovery and Reinvestment Act” (also known as the federal economic stimulus bill).

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Good news for water quality in Culver's final bill signings

Governor Chet Culver signed more than two dozen bills on May 26, the last day he was able to take action on legislation approved during the 2009 session. Two of the bills made up the last piece of the I-JOBS program, four more are aimed at helping veterans and Iowans on active duty, and the rest cover a wide range of issues.

Some good news for water quality was buried in the long list of bills and veto messages signed on Tuesday. For the details, follow me after the jump.

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Review of the 2009 Iowa legislative session (good lobbyist edition)

first in a series on the legislative session that ended on April 26

Last week I planned to highlight this editorial from the Des Moines Business Record, but I didn’t get around to it. Fortunately, Iowa Citizens for Community Improvement jogged my memory today by linking to the same piece on the Iowa CCI Twitter feed.

The Business Record’s unsigned editorial advises readers to check “the list of exemptions in House File 712” if you want to know who has the best lobbyists in Iowa:

After a 19-year struggle by Attorney General Tom Miller, after all of the other 49 states took care of this issue, Iowa’s citizens are being granted the right to sue anyone who defrauds them. With some exceptions:

Insurance companies. Attorneys. Financial institutions. Doctors. Veterinarians. Architects. Banks. Retailers that advertise a product with advertising prepared by a supplier. Print publications and broadcast outlets, in connection with the ads they run. Telephone companies. Cable TV providers. Public utilities. Funeral directors. Real estate agents. Charity volunteers. Physical therapists. Optometrists. Anyone whose conduct is permitted by government. And more.

With exemptions like these, who needs the phone number of a lawyer?

Here’s a hint for Democratic legislative leaders: it’s not a good sign when even a business publication is mocking you for protecting businesses at the expense of consumers.

Seriously, what public interest is served by exempting so many industries and businesses from fraud lawsuits filed by individuals? I doubt “frivolous lawsuits” are a big problem in the 49 other states that allow consumers to seek legal remedy for alleged fraud.

The Business Record notes that the bill prevents class action lawsuits from being filed unless the Attorney General’s Office approves. It quotes the bill manager, House Representative Kurt Swaim, as saying the bill will help reduce the backlog of approximately 4,000 and 5,000 fraud complaints Iowans file with the Attorney General’s Office each year.

Swaim said he wished the bill didn’t have so many exemptions. But he said it still would allow consumers to act in the areas that draw the most complaints, such as car repair, home remodeling, debt collection and mortgage brokering.

Sorry, that’s not good enough in my opinion. I know business lobbyists spent a lot of time with Democrats at the statehouse this year, but next session legislators should listen to them a bit more skeptically.

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Final results from the Iowa Legislature's 2009 session

The Iowa House adjourned for the year a little after 5 am today, and the Iowa Senate adjourned a few minutes before 6 am. I’ll write more about what happened and didn’t happen in the next day or two, but I wanted to put up this thread right away so people can share their opinions.

Several major bills passed during the final marathon days in which legislators were in the statehouse chambers nearly all night on Friday and Saturday. The most important were the 2010 budget and an infrastructure bonding proposal. Legislators also approved new restrictions on the application of manure on frozen or snow-covered ground. Another high-profile bill that made it through changes restrictions on convicted sex offenders.

Several controversial bills did not pass for lack of a 51st vote in the Iowa House, namely a tax reform plan that would have ended federal deductibility and key legislative priorities for organized labor.

Not surprisingly, last-minute Republican efforts to debate a constitutional amendment banning gay marriage also failed.

More details and some preliminary analysis are after the jump.

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Why did Iowa Senate Republicans reject three Culver appointees?

The Republican caucus in the Iowa Senate is the smallest it’s ever been in this state’s history, but they let us know this week that they are not entirely irrelevant. On Tuesday all 18 Republican senators blocked Governor Chet Culver’s appointment of Shearon Elderkin to the Environmental Protection Commission. The 32 Senate Democrats supported Elderkin, but nominees need a two-thirds majority (34 votes) to be confirmed.

The following day, Senate Republicans unanimously blocked Gene Gessow’s appointment as head of the Department of Human Services. Also on April 15, two Senate Democrats joined with the whole Republican caucus to reject a second term for Carrie La Seur on the Iowa Power Fund board.

Senate Republican leader Paul McKinley released statements explaining each of these votes, but I doubt those statements tell the whole story, and I’ll tell you why after the jump.

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Please call your legislators about the Democratic tax reform plan

The package of tax reform proposals that Iowa Democratic leaders worked out will come up for a vote this week. The Republican Party of Iowa and various right-wing interest groups are generating phone calls and e-mails to the capitol in opposition to this plan, and are planning several protest actions as well.

This package isn’t everything I’d like to see on tax reform, but it would be a huge improvement on the status quo. As State Senator Joe Bolkcom wrote in this op-ed for the Iowa City Press-Citizen,

There is no doubt that lightening the tax burden on Iowa’s middle-class families would be a significant change in direction for Iowa tax policy. It would reverse the trend of tax changes that mostly benefit the wealthiest Iowans. Increases in sales taxes, the reliance on gambling, and the changes in income tax policies have made Iowa’s overall tax system very regressive and unfair. Those who have less pay more. Those with more pay less to support state and local services.

Our proposed reform would reward work and provide tax cuts to middle-class Iowa workers who are bearing the brunt of the national recession.

Iowa Democratic Party chairman Michael Kiernan sent out an action alert on Monday urging Democrats to contact legislators in support of the tax changes. After the jump I’ve posted an excerpt with some details about the plan and other talking points.  

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Tell legislators to fund passenger rail in Iowa

Following up on my post from Wednesday, here’s another issue to bring up when you contact your state representatives and senators. (Hat tip to noneed4thneed.)

Iowa Global Warming is calling on supporters to advocate for at least $25 million in passenger rail funding as part of the huge infrastructure bonding package that is likely to pass. $25 million is less than 5 percent of the cost of the bonding bill.

I’m a fan of calling your elected officials rather than e-mailing this late in the session, because I am not convinced they get through all the messages in their in-boxes.

Iowa Senate switchboard: 515-281-3371

Iowa House switchboard: 515-281-3221

If you prefer to e-mail, Iowa Global Warming has made it really easy for you on this page. They also provide some talking points, such as

– The future of our state economy will be determined by the decisions we make now about infrastructure

– Reliable, efficient and economical rail service connecting Iowa to Chicago and other Midwest cities will ensure that Iowa can fully benefit from the regional economy

Iowa Global Warming has a sample letter ready for you to send, although it’s better to put these things in your own words if you have time.

This thread is for discussing anything Iowa progressives should bring up with their representatives and senators before the end of session. Don’t let anyone tell you elected officials don’t pay attention to how many voters they hear from on an issue.  

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Iowa House Speaker rejects attempt to bring constitutional amendment for vote (updated)

Iowa House Speaker Pat Murphy ruled out of order an attempt by Republicans to bring a resolution to the floor on amending Iowa’s constitution to ban gay marriage. The resolution did not pass any House committee before last month’s “funnel” deadline, so could only have reached the floor if leadership made an exception for it.

I will update this post as more news becomes available. You can read a couple of different play-by-play accounts on the Twitter feeds of journalist Charlotte Eby and Republican Representative Renee Schulte. It sounds as if leadership conferred for a while before Murphy ruled the resolution out of order. Iowa Senate Majority leader Mike Gronstal, who refused to let a similar bill come to the Senate floor on Monday, was in the House chamber this morning speaking with House leaders.

Earlier today marriage equality opponents and supporters rallied at the Iowa capitol. I wasn’t there, but Charlotte Eby provided the highlights. Former State Representative Danny Carroll told the crowd that politicians who don’t listen to the word of God should be replaced. Someone doesn’t seem to understand the constitution too well. Unfortunately for Carroll and fortunately for us, the voters of Iowa House district 75 sent him packing in 2006, and voted him down by a larger margin in his rematch against Eric Palmer last year.

One Iowa also had supporters at the capitol this morning. If you were there, please post a comment or a diary about what you saw.

UPDATE with background: The bill in question, House Joint Resolution 6, proposes an amendment to the Iowa constitution stipulating that marriage is between one man and one woman (here is the text). The co-sponsors of HJR 6 are Republican Dwayne Alons (not one of the brightest lights in Iowa politics) and Democrat Dolores Mertz (the kind of Democrat who votes against good labor bills and buries bills that would reduce pollution from factory farms).

The Iowa legislature’s “funnel” date passed in early March. Under the normal rules of operation, bills that did not clear at least one House or Senate committee by that time were dead for the 2009 session.

SECOND UPDATE: One Iowa says this is not over yet and is urging supporters of marriage equality to contact their representatives today.

House Switchboard: 515-281-3221

Tell them to stand firm with legislative leadership and oppose this distracting and divisive move. With all the challenges Iowa is facing, it’s time for our elected officials to get back to work for Iowa families!

The Des Moines Register explains House Speaker Murphy’s ruling:

Murphy’s ruling today stemmed from the fact that the House cannot suspend rules it has enacted jointly with the Senate. House members can only suspend their own rules.

The only way to suspend the joint rules is for someone to introduce a resolution in the Rules and Administration Committee. If it starts in the House, then there’s a vote in House committee and in the full House. If it passes, it goes to Senate committee then a vote of the full Senate.

That explains why Senate leader Gronstal was in the House chamber this morning. The bill is HJR 6.

The Des Moines Register article also makes clear that House Republicans aren’t giving up:

But Republicans hinted that they will make another run at the issue later today.

“We’ll just let the day unfold,” said House Republican Leader Kraig Paulsen of Hiawatha. He later added. “The Legislature has a whole mass of rules and while you can use them sometimes to hide behind, sometimes they work to your advantage in other situations.”

I don’t pretend to know what rules he is referring to, but please tell all your friends in Iowa to contact their House representatives and ask them to respect the Iowa Supreme Court’s decision in Varnum v Brien.

YET ANOTHER UPDATE: More drama this afternoon, as Republican Chris Rants tried to attach an amendment banning gay marriage to a bill on health care, according to Charlotte Eby. House Speaker Murphy ruled the amendment out of order, but Rants moved to suspend rules. Eby said “some Ds” voted with Republicans and named Mertz and Geri Huser, but the motion failed. I don’t know whether Mertz and Huser were the only Democrats voting with Republicans on that bill.

If we can’t defeat Huser in the 2010 primary with all the bad votes she’s cast, I don’t know what to say. I am not giving a penny to the House Democratic leadership fund as long as any money could be spend defending incumbents like Mertz and Huser.

FINAL UPDATE: According to The Des Moines Register, the amendment defeated this afternoon

would have gutted a $1.25 billion health and human services bill, House File 811, and replaced it with a proposed constitutional amendment to define marriage as between a man and a woman.

That amendment failed on a 54-44 vote. Mertz and Huser were the only two House Democrats who voted with Republicans. Shame on them for trying to sacrifice a health care bill in order to pass an amendment that would put discrimination in our state constitution.

If your representative is one of the 54 Democrats who stood firm with Speaker Murphy, please call or e-mail to say thank you. I know that some of the House Democrats are personally uncomfortable with same-sex marriage, but they did the right thing today.

Murphy released this statement:

“The latest political stunt by House Republicans this afternoon proves this is all about politics.  It’s stunning that Republicans would choose to gut health care for our children, veterans, seniors and disabled Iowans to score political points.

Despite today’s political posturing and attempts to circumvent rules agreed to by Republicans earlier this year, my goal is to keep our focus

on helping middle class families struggling to make ends meet and balancing the state budget.

Iowans expect us to work together on the issues that unite us –good-paying jobs, affordable health care and a quality education.”

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No time like today to contact your state legislators

The 2009 legislative session is ending soon, and if you haven’t contacted your state representative or senator yet, quit procrastinating. I don’t think legislators diligently read every e-mail when the session gets busy, so I recommend calling them.

Iowa Senate switchboard: 515-281-3371

Iowa House Switchboard: 515-281-3221

I encourage you to tell your state representative and state senator that you support the Iowa Supreme Court’s decision in Varnum v Brien and want them to respect that ruling.

Although I haven’t had time to finish writing a post here about the tax reforms being proposed this year, I support most of what’s in the package, including ending federal deductibility. Right-wing groups are urging Iowans to call their legislators about this issue, so if you support the Democratic tax reform plan, please say so. This article describes the proposed changes to Iowa’s tax code, which Democratic legislative leaders and Governor Culver have agreed on.

Please also mention to members of the Iowa House that you want them to reject SF 432 (here’s why) or remove the Liquid Manure division in SF 432.

If you are speaking with a state senator, especially a Republican senator, please also mention that you want Shearon Elderkin to be confirmed as a member of the Environmental Protection Commission. Culver appointed her to that body last year, and she has been a good vote for the environment.

I happen to know Shearon (pronounced like “Sharon”), because we used to serve on the same non-profit organization’s board of directors. She reads widely on public policy and asks tough questions. She also is a good listener and does not view issues through the prism of partisan politics. Even after serving with her for more than a year, some of our board members did not know whether she was a Republican, Democrat or independent. (For the record, she’s a moderate Republican.)

Feel free to mention any other pending bills or tips for contacting legislators in this thread.

UPDATE: Senator Jack Hatch, who chairs the Senate Health and Human Services Appropriations Subcommittee, says Gene Gessow’s confirmation as director of the Department of Human Services “is in trouble.” I posted Hatch’s speech calling for Gessow to be confirmed after the jump. If your state senator is a Republican, you may want to bring this up as well.

SECOND UPDATE: 1000 Friends of Iowa sent out an action alert regarding Elderkin’s nomination. I’ve posted that after the jump.

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Iowa has 42 of the 150 watersheds that create the Gulf of Mexico's "Dead Zone"

I just received a press release from the Iowa Environmental Council about new data released this week by the U.S. Geological Survey. The USGS identified “the top 150 polluting watersheds in the Mississippi River Basin that cause the annual 8,000 square-mile ‘Dead Zone’ in the Gulf of Mexico” and found that 42 of those watersheds are in Iowa. I’ve posted the whole press release after the jump, but here is an excerpt:

Marine dead zones can be caused by too many nutrients (nitrogen and phosphorus) in the water. Excess nutrients cause excess algae growth which, in turn, causes oxygen levels to drop too low to support marine life. […]

This is not the first time that Iowa nutrient problems in Iowa waters have been linked to problems downstream. In January of 2008, USGS identified 9* states, including Iowa, as the source of over 70 percent of the Gulf Dead Zone pollution. Nitrogen and phosphorus pollution from commercial fertilizers and animal manure from farmland were the biggest contributing sources in these states.

“It is ironic that our legislature is currently considering a bill that would weaken new rules proposed by the Iowa DNR to reduce runoff of manure applied to frozen or snow covered cropland during the winter,” said Marian Riggs Gelb, executive director for the Iowa Environmental Council.

I wrote about the “manure in water” bill, which passed the Iowa Senate as SF 432, earlier this week. Organizations opposing that bill include the Iowa Department of Natural Resources, the Iowa Environmental Council, the Sierra Club’s Iowa chapter, Iowa Farmers Union, Raccoon River Watershed Association, Iowa Citizens for Community Improvement, and the Izaak Walton League.

In fact, I received an action alert about this bill from the Sierra Club today. Excerpt:

SF 432 is the Manure Bill, with the first Division of the bill being the Liquid Manure on Frozen Ground issue. It allows the spread of liquid manure on snow or ice covered frozen ground under certain conditions. Sierra Club, and many Iowans, are absolutely opposed to the spread of liquid manure on top of snow, ice or frozen ground. The risk of runoff into Iowa’s streams and lakes is quite high from such activity, especially upon thawing. Fundamentally this bill limits State implementation of Clean Water Act rules.

The Sierra Club wants Iowans to contact House representatives and ask them to remove the Liquid Manure division of SF 432. The floor manager of this bill in Iowa House is Representative Ray Zirkelbach (district 31). Other key Democratic legislators to contact about this bill, according to the Sierra Club, are House Speaker Pat Murphy (district 28), Majority Leader Kevin McCarthy (district 67), Representative Mike Reasoner (district 95), Representative Donovan Olson (district 48), and Representative Polly Bukta (district 26).

If you live in any of the above districts, please contact them in the next few days regarding the manure in water bill. You can find contact information at the Iowa House Democrats’ site.

Getting back to the U.S. Geological Survey findings, the Iowa Environmental Council’s water program director, Susan Heathcote, pointed out that Iowans would also benefit from cleaning up our watersheds that contribute to the Gulf of Mexico’s “Dead Zone.” By way of example, she cited the Cedar, Iowa and Des Moines Rivers, which are on the USGS list and also provide drinking water for major population centers in Iowa.

Click “there’s more” to read the rest of the IEC’s press release on this issue.

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Why don't Iowa leaders do more to protect the environment? (updated)

David Yepsen published his final column in the Des Moines Register before starting his new job as director of the Paul Simon Public Policy Institute at Southern Illinois University. It reprises some themes from many previous columns, such as the need to create a world-class education system and thriving economy in Iowa, with fewer layers of government.

As often happens when I read one of Yepsen’s columns, I wonder why he ignores some obvious paths to achieving his admirable goals. For instance, he wants Iowa to “set the goal of having one of the highest per-capita incomes in the country within 10 years.” Is this the same columnist who never met a labor union he liked? It reminded me of how Yepsen periodically slams the excessive influence of big money in politics, but won’t get behind a voluntary public financing system for clean elections.

In Yepsen’s final column, one passage in particular caught my eye:

Let’s set a goal to have the cleanest environment in the country within 10 years. The cleanest air. The cleanest water. The best soil- and energy-conservation practices.

We’ve had education governors. We’ve had sporadic focus on growing the economy. For some reason, we’ve lacked a similar focus on the environment. Creating a clean environment will create green jobs, but it will also make Iowa more attractive as a place to live and do business.

“For some reason”? I think most of us have a pretty good idea why improving air and water quality has never been a high priority for Iowa leaders. Follow me after the jump for more on this problem.

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Events coming up this weekend and next week

I was downtown today helping set up a couple of booths for the Natural Living Expo tomorrow, which has been taking up a lot of my time lately. Maybe I’ll see some of you there, but I won’t have my “desmoinesdem” hat on, so won’t be talking about partisan politics.

As always, please post a comment or send me an e-mail (desmoinesdem AT yahoo.com) if you know of an event I’ve left out.

The calendar is after the jump.

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Don't blow it, Democrats: Stand up for Iowa women

Looking ahead to the 2010 elections, I’m concerned  that Iowa Democratic leaders will try to coast on our party’s voter registration advantage and well-organized early voting effort.

As I’ve written before, I believe Democrats need to have big successes to show for 12 years of control of the governor’s office and four years of a legislative majority. Democrats have posted net gains of seats in the Iowa House and Senate for four straight elections now. Voters are going to ask what have we done for them lately, especially if the country is still in recession 18 months from now.

Trouble is, the budget outlook continues to deteriorate. Deep cuts to education and other popular programs are expected when Governor Culver submits his revised draft 2010 budget to the legislature. Iowa’s budget problems are nowhere near as bad as those faced by some other states, but they’re bad enough to prevent legislators from throwing money toward every good idea.

For those reasons and more, it’s important for Democrats not to blow it when they have a chance to do something tangible (yet inexpensive) for a key voter bloc. You know how they say, “When women vote, Democrats win?” Now Democrats in the Iowa legislature have a chance to return the favor. I enclose part of an action alert the Iowa Commission on the Status of Women sent out on Wednesday:

We need your help today to contact your legislators on all three issues.

   * SF 137 Being the first state in the nation to extend the Ledbetter Fair Pay Act to the state level

(The House and Senate have passed different versions and are working to reach consensus.)

   * HF243 Tripling the number of women making decisions that impact our communities by requiring gender balance on local boards and commissions

(Passed the House and now deferred on the Senate Floor for later action. Local government officials have been contacting legislators, urging them to oppose the bill “because it would be difficult” to achieve gender balance.  Please contact your Senators!)

   * Justice Systems Appropriations bill: Keeping Iowans safe by restoring a $4 million state appropriation to fund victim services

For more information on any of these issues, please visit our policy page. Also, you might want to listen to yesterday’s Talk at 12 on Iowa Public Radio, which featured discussion on the wage discrimination and gender balance bills and the issue of women running for office.

If your representatives are Democrats, please contact them about these issues. The Lilly Ledbetter Fair Pay Act is a no-brainer. Frankly, refusing to pass it would be a tremendous insult to all the women who have worked so hard for so many years to elect Iowa Democrats.

It’s false to imply that Iowa lacks enough talented women to serve on boards and commissions.

There aren’t many well-organized interest groups working the phones to demand appropriation for victim services, but cutting those funds would cause real suffering.

It’s time for our leaders to step up and show that when Democrats vote, women win.

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Iowa legislature pretends to care about money in politics

On March 18 the Iowa House voted 96 to 0 to pass a bill banning candidates from using campaign funds to pay themselves or immediate family members a salary. This measure closes the so-called “Ed Fallon loophole,” named because Fallon received $13,750 from his gubernatorial campaign between June and November 2006 after losing the Democratic primary.

The Iowa Senate approved Senate File 50 in February (also unanimously). Governor Chet Culver is expected to sign the bill and may have done so already, but I did not find confirmation of that on the governor’s website.

Looking at the text of Senate File 50, I noticed that it defines “immediate family member” as “the spouse or dependent child of a candidate.”

I’ve been told that at least 20 members of the Iowa House (including Democrats and Republicans) employ either their spouse or child as a clerk. Apparently it is fine for spouses and children of state legislators to draw a salary from taxpayer dollars, but it becomes a terrible ethical problem for a candidate to draw a salary from money voluntarily contributed by supporters.

I have more to say about this farcical bill after the jump.

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Keep early ballots sealed until election day

On Wednesday IowaVoter posted a diary here about a bill passed by the Iowa House to allow absentee ballots to be counted before election day. Click here to read the text of HF 670, formerly known as HSB 133.

IowaVoter uses humor to raise valid concerns about this bill. Quite a few people could be tipped off about the early voting results, and if they leak the information, some candidates could gain an advantage on election day. Lots of state legislative races in Iowa were decided by very narrow margins last November, and it is not uncommon for a local or county-level race to be decided by a handful of votes.

I can’t see any public interest served by this bill. Even though early voting has grown in Iowa, with about a third of the electorate casting early ballots last fall, we still got our election results promptly.

Mr. desmoinesdem pointed me to this site, which shows that only California and Colorado allow early ballots to be counted before election day. Many states don’t allow them to be opened until after the polls close on election day (Iowa law currently allows counting to begin the morning of election day).

I can understand why many would support early counting of absentee ballots in a huge state like California. Even though California election officials were allowed to start counting on October 25 of last year, some had hundreds of thousands of votes still uncounted after election day. But California has three counties more populous than all of Iowa, six more counties with at least 1 million residents, plus another 12 counties that have more residents than Iowa’s largest county (Polk).

There is no logistical need for county auditors in Iowa to open the early ballots before election day. I would rather wait a few more hours for the final results than open the door to political mischief by insiders.

HF 670 is worse than a solution in search of a problem–it’s a solution that could spark allegations of fraud and misconduct every time we have a very close election outcome. The Iowa Senate should reject this bill. If they pass it, Governor Culver should veto it.

How to win friends and influence state legislators

The first “funnel” deadline passed at the end of last week, leaving most of the bills introduced in the Iowa legislature dead for this session. Summaries of notable bills that did and did not make it through the funnel can be found here and here.

Bills that have been approved by a full committee remain alive for the 2009 session, and Iowa House and Senate leaders can still introduce new measures. Also, amendments affecting various programs could be attached to appropriations bills that won’t be finalized until next month.

That means advocates should be informed and ready to help persuade legislators in the weeks to come. I’ve posted some ideas on how to accomplish that after the jump, and I’d like to hear your suggestions in the comments.

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Life in the minority isn't much fun

This one is hot off Senator Chuck Grassley’s Twitter feed:

Attention Ia legislative business lobbyists:I visit w many Repbli can REPs and Sntors. Don’t take ur frends 4granted.U spend all time w Dem

Part of me is laughing to learn that statehouse Republicans are bent out of shape because the business lobbyists aren’t courting them.

Part of me is crying because nothing good can come of business lobbyists spending “all time” with statehouse Democrats.

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The failure of leadership behind that pig odor earmark

President Barack Obama proposed reforms to the Congressional earmarking process on Wednesday:

• Members’ earmark requests should be posted on their Web sites.

• There should be public hearings on earmark requests “where members will have to justify their expense to the taxpayer.”

• Any earmark for a for-profit company would have to be competitively bid.

The reforms are intended to deflect criticism after Obama signed the $410 billion 2009 omnibus spending bill, which included about $7.7 billion in earmarks.

I have no time for the Republican Party’s blatant hypocrisy on what is really a “phantom problem”. Republican members of Congress secure plenty of earmarks for their own states even as they posture against “pork.” They don’t seem to care about sweetheart deals and no-bid contracts awarded by executive agencies, which cost taxpayers much more than all earmarks combined.

Beltway journalists have been following the Republican script, focusing way too much on earmarks, even though they are “inconsequential”:

Not only do they represent less than one percent of the federal budget, eliminating them wouldn’t even reduce federal spending by even that tiny amount, or any amount at all, since earmarks by definition simply tag the spending in an already established pot of money, such as the Community Development Block Grant. The only question is whether decisions about funding individual projects should be made by Congress — through earmarks — or by a supposedly apolitical administrative process.

Furthermore, Jonathan Singer points out, earmarks simply don’t register when Americans are asked an open-ended question about their concerns.

I’m all for the reforms Obama announced yesterday, but let’s not fool ourselves into thinking that they will make a dent in government spending.

Although I think concerns about earmarks are exaggerated, I do want to examine the origin of Senator Tom Harkin’s $1.8 million earmark for studying odors from large hog confinements (CAFOs) in Iowa. It has become the poster child for Republican taunts about useless earmarks, prompting Harkin to defend himself (see here and here).

Follow me after the jump for more on why the federal government is funding this study. The earmark has its roots in unfortunate decisions that Iowa Democratic leaders made last year–with the enthusiastic support of statehouse Republicans and corporate ag groups.

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Choice of doctor debate reveals Republican hypocrisy

Iowa Republicans are mobilizing against House File 530, which would allow employees to select their own doctor in case of a workplace injury. The workers’ compensation reform has already cleared a subcommittee (over the objections of its Republican member) and will be discussed at a public hearing tonight at 7 pm at the capitol. Iowa GOP chairman Matt Strawn held a press conference on the issue yesterday in Davenport, and most statehouse Republicans agree with the business interests working hard to defeat the bill.

Opponents claim the bill would let injured workers go “doctor-shopping,” even though the text states clearly that workers would have to designate a personal physician before any injury occurs. The Des Moines Register explains,

• If employees fail to select a doctor before an injury, the employer will select the doctor.

• If either the worker or employer is dissatisfied with the care chosen by the other party, the dissatisfied party may suggest alternative care. If the parties cannot agree, the dissatisfied party may appeal to the labor commissioner and a hearing may be set within 10 work days.

Seems reasonable to me. Shouldn’t every American be able to choose his or her own doctor?

We already knew Republicans don’t really care about the individual’s ability to choose a physician. If they did, they would support a “Medicare for All” approach to health care reform instead of the status quo in which private insurance companies routinely limit patients’ ability to go “out of network” for a doctor.

The controversy over Iowa House file 530 provides further evidence that Republicans don’t respect your right to choose your own doctor. If you’re an employee suffering from a workplace injury, Iowa Republicans think your rights are less important than the bottom line for businesses claiming this bill will cost them more.

Here’s hoping Iowa will join the 35 states that allow workers to choose their own doctors soon. It’s the least the Iowa legislature can do to advance workers’ interests after last month’s prevailing wage bill fiasco. The failure of Democratic leaders to find a 51st vote in favor of that bill provided a real shot in the arm for the Iowa GOP. Party chairman Strawn recently boasted to the Register about how he

sent e-mail alerts to county party leaders asking them to contact their local membership to flood undecided Democrats with phone calls. […]

“There was some very effective use of new technology that helped rally grass-roots Republicans around the state,” Strawn said. “Most all of that was done using these online tools. It wasn’t the old-school phone tree.”

Sounds like the Iowa Democratic Party and its labor union allies need to get those phones ringing down at the capitol.

I’ll have more to say on the doctors’ choice bill later in the week.

UPDATE: After the public hearing on March 10, the Iowa House Labor Committee approved this bill on a 10-6 vote. We’ll see whether leadership can come up with 51 votes to pass it.

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Legislators, show engaged citizens some common courtesy

During the caucus campaign, one of my pet peeves was the tendency for Iowa voters to complain about all those phone calls and knocks on the door. When volunteers care enough about the direction of this country to advocate for their candidates, and all they are trying to do is engage you politically, the least you can do is be courteous. People in many other states would love to have as much influence over the presidential nominating process as Iowans have.

Similarly, politicians who sought out the opportunity to represent Iowans in the state legislature should not complain when engaged citizens contact them for a cause they believe in.

The Iowa legislature’s “funnel deadline” is approaching, and with very few exceptions, bills that have not been voted out of a committee will be dead within a few days. So, many Iowans are calling or e-mailing legislators regarding this or that bill.

I have friends who are passionate about a particular bill and are mobilizing a lot of people in favor of it. They don’t have money to hire a lobbyist or run advertisements. (Slight correction: Although my friends who are getting involved don’t have spare cash for lobbying or political donations, an organization has hired a lobbyist to help pass this bill.) It’s not a high-profile issue getting a lot of media attention. All these people have is the ability to ask friends to write legislators directly. They’ve been sending out contact information for the people on the relevant committee. They feel they need a lot of grassroots support to counteract the efforts of at least one well-funded interest group that is actively opposing the bill.

I received an urgent message from an acquaintance saying that no one should write to one particular legislator. This person responded to a message by saying he or she supports the bill but will change his or her mind if he or she continues to receive numerous messages about it.

Threatening to change your vote on a good bill because you are hearing from a lot of its supporters is immature and unprofessional. Show some understanding, legislators. A bunch of ordinary people are doing their best to get involved in a positive way. The funnel deadline will pass soon, and you will stop getting so many e-mails.

If you don’t like hearing from citizens about pending bills during a few busy weeks out of the year, may I suggest that you not run for re-election. Plenty of other people would be happy to take your place at the statehouse.

UPDATE: Someone who works at the statehouse suggested to me that the offensive e-mail my acquaintance received may have been written by a clerk without the legislator’s knowledge. Many clerks routinely respond to e-mail correspondence on behalf of the Iowa House representative they work for. My point still stands–representatives should be respectful in their communication with engaged citizens.

Action: Contact Iowa legislators on energy efficiency bills

Improving energy efficiency is the fastest way to meet our baseload needs for electricity while saving consumers and businesses money and reducing greenhouse-gas emissions.

Stepping up our efforts on energy efficiency should be a no-brainer, but some utilities feel otherwise and aren’t shy about letting state legislators know.

I received this action alert from Plains Justice today:

Iowa clean energy advocates, your help is urgently needed. Two good pieces of legislation that would lower your energy bills and decrease our reliance on dirty energy are stalled in the statehouse. Unless legislators hear from you now, this money-saving legislation will die before the full House and Senate can vote on it.

House Study Bill 150 and Senate Study Bill 1191 would save you money by requiring Iowa electric and natural gas utilities to invest in strong energy efficiency programs, the cheapest and cleanest way to meet our energy needs. According to current filings before the Iowa Utilities Board, energy efficiency costs only 3 cents per kilowatt hour, while new coal generation can cost more than three times as much. Some current studies put the cost of power from new nuclear plants at 25 to 30 cents per kilowatt hour.

Energy efficiency is common sense, but some utility companies don’t want to bother. They can put more of your hard-earned dollars in their pockets if they build new coal plants and new nuclear plants instead.  Call these legislators today and ask them to move the bills forward!

Senator Mike Gronstal (SSB 1191)    mike.gronstal@legis.state.ia.us           (515) 281-4610

Rep. Pat Murphy (HSB 150)              Pat.Murphy@legis.state.ia.us             (563) 582-5922

Governor Chet Culver                        (515) 281-5211 (Please ask the Governor to tell the committee members to move the bills forward.)

Senator Jerry Behn (SSB 1191)          jerry.behn@legis.state.ia.us                (515) 432-7327

Senator Tom Hancock (SSB 1191)     tom.hancock@legis.state.ia.us            (563) 876-3219

Senator Tom Rielly (SSB 1191)         tom.rielly@legis.state.ia.us                 (641) 673-5878

Rep. Nathan Reichert (HSB 150)       Nathan.Reichert@legis.state.ia.us      (515) 281-3221

Rep. Donovan Olson (HSB 150)        Donovan.Olson@legis.state.ia.us       (515) 432-8163

Rep. Chuck Soderberg (HSB 150)     Chuck.Soderberg@legis.state.ia.us    (712) 546-6136

Rep. Nick Wagner (HSB 150)            nick.wagner@legis.state.ia.us             (515) 281-3221

The full text of HSB 150 is available at http://tinyurl.com/Iowa-HSB-150.

The full text of SSB 1191 is available at http://tinyurl.com/Iowa-SSB-1191.

Thank you for helping Iowans save money on our energy bills!

If you live in the districts of any of the above legislators, definitely call. Phone calls are harder to ignore than e-mails. However, many legislators don’t routinely return calls to Iowans who don’t live in their districts. So you might want to e-mail the people on the above list if you are not one of their constituents.

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The price of a flawed coordinated campaign

The “prevailing wage” bill, one of organized labor’s top legislative priorities, stalled in the Iowa House on Friday as Democrats were unable to find a 51st vote. Apparently the plan is to try to twist someone’s arm over the weekend:

House Speaker Pat Murphy will keep the voting machine open the entire weekend until Democrats can convince one of their dissenting members to change their vote. The move will mean Murphy will have to sleep in the chamber over the weekend.

“I want to be sure that taxpayer money is going to responsible Iowa employers who pay a decent wage, not employers who take advantage of people like we’ve seen in Postville and Atalissa,” Murphy said. “As the presiding officer of the House, I will stay in the Speaker’s chair and the voting machine will remain open until Monday. My goal is to get 51 votes and make sure we have good-paying jobs for middle class families.”

This post is not about the merits of the bill, which I support. (Click here for background on House file 333, which “would require that companies that contract for public projects pay workers wages and benefits comparable to private projects in the area.”)

This post is about why Democratic House leaders now face two unappealing outcomes: either they fail to pass a good bill supported by a key Democratic constituency, or they force one of their members into an embarrassing about-face that could affect the next election campaign.

Further thoughts on this mess are after the jump.

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Please, somebody make him stop

Why is Iowa Senator Dick Dearden so obsessed with legalizing dove-hunting? I know he’s introduced this bill many times before.

It doesn’t seem smart to let the state legislature get tied up in a divisive debate over mourning doves. We don’t want to give the impression that Democrats are wasting time on trivia during an economic meltdown.

Apparently Democratic statehouse leaders need to find non-spending issues to debate while they’re waiting for revised budget forecasts. Great–there are lots of things they could consider that would either boost the economy or improve the quality of life.

For instance, they could pass an ambitious renewable electricity standard to create more incentives for increasing wind and solar-power generating capacity.

Or, they could give county officials zoning authority over agricultural operations. After all, the Iowa Democratic Party’s platform does endorse the concept of “local control” over large hog lots. This measure would be popular and would address a significant issue in the lives of many Iowans.

If Senator Dearden is suffering from a shortage of winged animals to hunt, put him to work on preserving and expanding the habitat for other game birds in Iowa.  

Borrow money for infrastructure, but fix what we have first

The highlight of Governor Chet Culver’s “condition of the state” address yesterday (video here and prepared text here) was a proposal to issue state bonds to borrow up to $700 million over the next few years:

Thousands of new jobs will be created, Culver said. Every $100 million spent on highway construction alone means more than 4,000 new jobs, he said.

“We’re cutting back on the day-to-day expenditures of state government,” Culver said in his Condition of the State speech this morning. “But, at the same time, we will be investing in bricks and mortar – to create jobs and keep our economy going.”

Culver said Iowa won’t need to raise taxes to pay for the plan. The state is in the position to issue bonds, which is essentially borrowing money. Existing gaming revenue would repay the bonds, he said.

Predictably, road industry lobbyists like the spending plans while expressing some doubts about the borrowing plans.

Republicans also don’t seem to like the bonding proposal, while statehouse Democrats think it’s a good idea. State Auditor David Vaudt, who may be a Republican candidate for governor in 2010, said he needed to study the details before expressing an opinion, but noted, “What we’ve got to remember is we’ve got to dedicate and set aside a piece of revenue stream to pay that principal and interest.”

Senate Majority Leader Mike Gronstal made a great point:

Gronstal deflected Republican criticism by pointing out that [Senate Minority leader Paul] McKinley, in his opening day speech, talked about a business he once owned.

“He borrowed every nickel he could and leveraged himself as far as he could because he believed in his future. I believe in Iowa’s future. I believe it makes sense now to borrow money and move this state forward,” Gronstal said.

He added: “This is probably one of the best times in our history to go out and borrow money with a dedicated repayment stream. Do you own a home? Did it make sense for you to borrow money? Or did you just pay cash?”

Gronstal is absolutely right. Iowa has a triple-A bond rating, interest rates are fairly low, and creating jobs is essential to bringing the economy back. Two-thirds of our economy depends on consumer spending, and good jobs generate the money people then spend at businesses in their communities. Construction jobs tend to be good jobs too.

Des Moines Register columnist David Yepsen, who is usually a deficit hawk, also likes the infrastructure bonding idea:

The money will be borrowed over the next few years, supervised by an oversight board and repaid with gambling profits, so no tax increases will be necessary. (If we have to have all this gambling in Iowa, wouldn’t it be nice to see something tangible in return?)

It will be the modern-day equivalent of the Depression-era Works Progress Administration, which built infrastructure we still use today, such as dams, sewers, parks and shelters. Previous American generations left us wonderful systems of interstates, canals, railroads, river locks and dams. What are we leaving our kids? Potholes, bridge collapses and sewers that pollute river ways.

Iowans are a frugal people. Perhaps we are too frugal. According to state Treasurer Mike Fitzgerald’s office, Moody’s Investors Service says Iowa’s per-capita level of public debt ranked 48th in the country last year. Iowa has $98 of state public debt per person. The national average of state debt is $1,158. You could double Iowa’s $98 of per-capita state debt to $200, and we would then rank 46th.

Culver should have told us that. Clearly, most other states saddle their citizens with more debt than is proposed here. And many are more attractive places to live, too, as our children attest when they leave for the better jobs and brighter lights elsewhere.

It’s funny to watch all these Republican legislators, who borrow all sorts of money to buy, expand or repair homes, businesses and farms, now turn prune-faced when Culver suggests doing the exact same thing in state government.

The Des Moines Register explained how Culver’s plan would work:

* Borrow $700 million in 20-year tax-exempt state revenue bonds

* Secure the bonds with about $56 million a year in gaming tax revenues

* Create a Rebuild Iowa Infrastructure Authority to issue the bonds. It will be overseen by a five-member board.

* The authority would be administered and staffed by the Iowa Finance Authority.

How money will be spent:

housing

trails

highways

roads

bridges

mass transit

railways

airports

water quality and wastewater treatment improvements

flood control improvements

energy infrastructure

disaster-relief infrastructure

public buildings

Projects will be judged on:

Whether they are ready to proceed

How quickly the project can be started and completed

Number of jobs to be created by the project

Contribution to sustainability

On the whole, I support the idea. My main concern is that infrastructure money be spent on fixing what we already have, not on building every new road on developers’ wish lists. In the past, our legislators and state officials have focused too much on funding new roads instead of a balanced transportation policy.

The housing slump is likely to continue for at least two more years, and there is no reason to spend large sums to build new highway interchanges and major new roads through undeveloped farmland now. We should spend the money to fix stretches of existing major roads and highways and crumbling bridges, as well as on modes of transit that allow alternatives to driving. These projects will improve the quality of life for large numbers of Iowans while also creating jobs.

As for airports, I would only support spending money on needed repairs and improvements to existing airports. This is not the time to start building a bunch of small regional airports that would benefit a handful of corporate executives.

Culver emphasized that he did not plan to raise taxes, but Gronstal indicated that raising the state gas tax is still on the table.

I would like to hear more lawmakers talk about closing various tax loopholes that mainly benefit wealthy Iowans. The Iowa Policy Project has documented this and various other flaws in our current tax policies.

If you’ve got the time and the inclination, the governor’s official website has a video Culver showed during his address, called “In Deep Water: The Flood of 2008.” Iowa Public Television has House Minority leader Kraig Paulsen’s response to Culver’s address.

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Open thread on Culver's "condition of the state" address

I have to be away from my computer this morning, but please use this thread to discuss Governor Chet Culver’s annual “condition of the state” address to members of the state legislature.

Citing Lieutenant Governor Patty Judge and Senate Majority Leader Mike Gronstal, the Des Moines Register reported that Culver is expected to announce some new proposals. Presumably those will address flood recovery and the state budget.

I’ll be interested to see whether Culver goes out on a limb to back anything really controversial. If he wants to go down in history as one of the all-time greats, he’ll need to take some risks.

Gronstal and Kibbie set the tone on the Iowa Senate's opening day

The Iowa Legislature opened its 2009 session today, and Senate Majority Leader Mike Gronstal let the members of the upper chamber know that he has “never seen such a tough situation” with the state budget and economy in his 26 years at the statehouse.

In his opening address the the Iowa Senate, Gronstal listed some of the biggest challenges facing legislators, in particular rebuilding communities damages by last year’s natural disasters and leading Iowa “through these tough times without sabotaging the commitments we’ve made on economic growth, health care and education.”

He warned that a lot of legislators won’t get what they want this year:

Our resources are limited.  We will say “no” to many good ideas.  We are going to disappoint some people and frustrate others.

If your idea of being an elected official involves being loved by everyone, the next few months will be pretty rough.

Gronstal also noted that bipartisan majorities approved many key policies in Iowa during the past few years, and called for finding “bipartisan solutions” to this year’s challenges.

In his opening address to the chamber, Senate President Jack Kibbie echoed Gronstal’s warning that leaders will be saying “no” to a lot of requests from legislators.

He also advocated some policies that are anything but bipartisan: a gas tax hike and the expansion of workers’ bargaining rights.

Kibbie said increasing the gas tax would create jobs and boost economic development:

First, we can no longer put off the challenges to our transportation infrastructure. It is vital that we begin to clear the backlog of projects that play a  significant role in future economic development. In my district my constituents, Republicans and Democrats, all tell me that we need to get to work and if the only impediment to that progress is money they are willing to pay a few more cents at the pump. I support efforts that result in a gas tax increase. Success in that endeavor will mean better roads, jobs, and an economic boost to Iowa’s families and communities.

I’ve supported a gas tax increase since John Anderson proposed it during his 1980 presidential campaign, but I don’t expect that measure to get through the legislature without a bruising battle.

Here’s a piece listing the many potential benefits of a federal gas tax increase. Kibbie is talking about a smaller increase in the state gas tax, but many of the same benefits would apply.

Kibbie also said Iowa workers need good wages, and therefore “we should not fear passing Legislation that help[s] workers bargain for a better future.”

Kibbie could be referring to the “fair share” bill that Democrats didn’t have to votes to get through the Iowa House in 2007, or to the collective bargaining bill that Governor Chet Culver vetoed last spring. Either way, Republicans and corporate interest groups will put up a fight.

Getting labor legislation through the Iowa House, where Democrats have a 56-44 majority, is likely to be more difficult than getting it through the Iowa Senate, where Democrats have a 32-18 majority.

The complete texts of the opening statements by Gronstal and Kibbie (as prepared) are after the jump.

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