# 2016 Session



Republicans have underfunded Iowa's State Hygienic Lab for years

Staff at Iowa’s State Hygienic Laboratory have been working around the clock to process tests that reveal the scope of the novel coronavirus epidemic. Governor Kim Reynolds has often lauded their “yeoman’s work” at her daily news conferences.

But as former Vice President Joe Biden famously said, “Don’t tell me what you value, show me your budget, and I’ll tell you what you value.” In real terms, state support for a facility critical to Iowa’s COVID-19 response dropped considerably over the last decade.

The Iowa legislature hasn’t increased dollars allocated to the State Hygienic Lab since 2013, when Senate Democrats insisted on doing so. Not only has state funding failed to keep up with inflation since then, the laboratory’s annual appropriation has yet to recover from a mid-year budget cut in 2018.

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A Word of Caution on Local Control

Pete McRoberts describes how some local officials in Iowa lobbied against a 2016 bill designed to protect domestic violence victims from eviction. -promoted by desmoinesdem

It’s impossible to spend any time at the state legislature this year without hearing phrases like “local control” and “home rule” discussed in concert with any number of progressive questions. At yesterday’s public hearing on a statewide preemption bill, many people based their opposition on these same ideas, specifically, that a local government “knows best for its residents,” and that city councils are where big decisions should be made.

The Iowa Constitution, and state law, both support this idea – within some clearly defined boundaries. Home rule is simple; it generally means local governments are in charge when there’s no contrasting state law, or when they are acting to execute an identified city power.

These rights exist for a reason; there are more than 900 cities in Iowa, each with their own local issues. The boundaries exist for that same reason, but on the other side of the ledger – a person’s rights can never be diminished because of a local decision. Home rule and local control work when both of those parts are understood.

An example of local control and home rule falling apart came to my attention in 2014, when activists began a multi-year response to abusive local ordinances in Cedar Rapids and Des Moines which hurt survivors of domestic violence, and set them up for eviction upon calling the police when they needed to. It was a full-blown battle. Those cities spent hundreds of thousands of dollars in taxpayer money to defend their corrupt ordinances, all in the name of “home rule” and local control. They nearly won.

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Weekend open thread: Bad signs for education

The next few years won’t be a good time to be a public school student in the U.S. generally or in Iowa specifically. Betsy DeVos is likely to be confirmed as secretary of education, despite bombing in her confirmation hearing, where she dodged some important questions and revealed shocking ignorance about basic education policy matters. Only two GOP senators say they will vote against the billionaire, who has given generously to Republican candidates and causes and worked to undermine public schools for decades.

Iowa’s Senators Chuck Grassley and Joni Ernst have yet not published statements about DeVos, but I enclose below comments confirming they will support her nomination.

Meanwhile, in a party-line vote on February 2, Iowa Senate Republicans approved a bill to increase state funding for K-12 school districts by just 1.11 percent for the year beginning on July 1. Under state law, the Iowa House and Senate should have set school funding for fiscal year 2018 more than a year ago. However, statehouse Republicans have refused to follow that law for the past several years. Last year was no exception: despite action by Iowa Senate Democrats, House Republicans did not vote on fiscal year 2018 “allowable growth” (now officially known as “supplemental state aid”) during the 2016 legislative session.

If Senate File 166 is approved by the Iowa House and signed into law by Governor Terry Branstad, next year’s 1.11 percent growth in K-12 funding would be the third-smallest increase in more than 40 years. I enclose below a chart showing allowable growth levels approved by the state legislature since 1973. Branstad requested 2 percent more funding for K-12 schools in his draft budget. To my knowledge, the governor has not said whether he would sign Senate File 166 in its current form.

Recruiting and retaining educators to work in Iowa may become a lot more difficult after Republicans destroy collective bargaining rights for public employees, including thousands of teachers. House and Senate leaders have indicated that they will make the first significant changes in Iowa Code Chapter 20 since 1974. Details about the plan have been hidden from public view up to now, but a bill on collective bargaining is expected to appear on the state legislature’s website on February 6.

This is an open thread: all topics welcome.

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Republicans hope money will bail out lazy Peter Cownie in Iowa House district 42

Some Iowa statehouse Republicans are more extreme, more ignorant, more unhinged, more dishonest, or more mean-spirited than Peter Cownie.

But few lawmakers make less effort than Cownie to demonstrate that they deserve to be in a position of power.

A television commercial in heavy rotation on Des Moines stations doesn’t name even one legislative accomplishment from Cownie’s eight years in the Iowa House, including two years leading the State Government Committee and two as Commerce Committee chair. Cownie has rarely if ever knocked doors to talk to his constituents in West Des Moines. He doesn’t show up at many local public forums. He doesn’t consistently answer e-mails. He doesn’t follow through on some of his promises.

Recent campaign disclosure forms show the Iowa GOP has spent more than $300,000 on tv ads promoting Cownie or trashing his Democratic challenger, my friend Claire Celsi. Tens of thousands more went toward direct mail to benefit Cownie’s campaign.

Why did Republicans hit the panic button?

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The Medical Cannabis Debate in Dallas County, Iowa

Erin Miller shares her family’s experience with a rare medical condition at the Abram Mayhem blog. You can find her past contributions to Bleeding Heartland here. -promoted by desmoinesdem

This blog is specifically regarding medical cannabis and what happened during the recent debate in Iowa House district 19 between State Representative Ralph Watts and his opponent, Bryce Smith. Please watch the enclosed video first, then read the following story.

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Legislative Attacks on Women’s Health Threaten Women’s Lives

Maridith Morris is a registered nurse and the Democratic challenger to State Representative Jake Highfill in Iowa House district 39. -promoted by desmoinesdem

A recent American College of Gynecology study uncovered concerning data about maternal mortality from Texas. Since 2011 the number of women dying during the time of pregnancy and childbirth doubled in only two years, from 18.8 to nearly 40 deaths per 100,000 live births.

The study’s authors found the data “puzzling,”-stating that-, “in the absence of war, natural disaster, or severe economic upheaval, the doubling of a mortality rate within a 2-year period in a state with almost 400,000 annual births seems unlikely.” However, when we compare the shift in data to Texas’ legislative attacks on women’s healthcare, the trend makes sense.

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More hidden costs of Iowa's generous business tax breaks

The excellent lead editorial in today’s Des Moines Register reminded me of a topic I didn’t manage to cover during the run-up to last week’s primary: the coming belt-tightening in Iowa’s judicial branch, which will affect thousands of Iowans who use the court system.

As with the under-funding of K-12 schools and higher education, the “crisis” in the judiciary is happening because state legislators and Governor Terry Branstad keep approving and extending unaffordable business tax breaks.

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Weekend open thread: Good tsar, bad advisers edition

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

A bunch of Iowa primary election previews are in the works to post between now and Tuesday. Still trying to decide on my last few guesses for the latest Bleeding Heartland election prediction contest.

Meanwhile, the Iowa Board of Regents will meet this week to discuss, among other things, how to handle the upcoming search for a University of Northern Iowa president and whether to approve a staff recommendation on raising tuition for the coming academic year.

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Iowa Republicans tell Sick Iowans: "Go Somewhere Else."

Thanks to AbramsMom for her first-person account of how Iowa House Republicans avoided a floor vote on legislation that would have genuinely expanded access to medical cannabis. The author blogs about her son at Abram’s Mayhem. -promoted by desmoinesdem

As a parent who has been advocating for medical cannabis both before and after we obtained a Cannabidiol Registration Card (the fluke identification card that decriminalizes me for possession of my son’s medicine), I want to share what happened this year with Medical Cannabis, why it failed miserably and why I feel that the amendment (to an amendment) to a Controlled Substance Bill that expanded conditions – yet still did NOT ALLOW ACCESS IN IOWA is absolutely disgustingly wrong.

I sat in the House Gallery not once, but twice as Medical Cannabis came to the House Floor. The first time, I thought I was going to hear a debate on a Democratic amendment (because our original Bill for this year was stalled and killed in the Ways and Means committee by House Leadership) that would allow for expansion of qualifying conditions and would have allowed ACCESS IN IOWA – which is what every parent and patient have been asking for and advocating on behalf of for YEARS.

I sat in the Gallery in the last week of the session to learn that the Democratic Amendment was pulled by House Leadership and instead we heard a debate on Medical Cannabis that stunned those sitting in the Gallery hoping to have access to medicine for their children, their loved ones or for themselves.

What transpired was nothing short of being absolutely blindsided by a garbage truck.

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Weekend open thread: University politics

Congratulations to all the Bleeding Heartland readers who just finished a year of academic work and especially to those who completed their undergraduate or graduate degrees this month. Good luck with whatever you have planned for the summer and beyond, and remember, many people switch gears several times during their careers. What I spend my time on now is different from the work I did during and immediately after grad school and far from any future I imagined as an undergraduate.

Pat Rynard recently interviewed eight student journalists about their experiences covering the Iowa caucuses. Well done to all, and good luck to the four who are graduating: Brent Griffiths, Madeline Meyer, Rebecca Morin, and Lissandra Villa.

Congratulations are also in order for everyone involved with the Iowa State Daily, which just won the “Best All-Around Daily Student Newspaper” award from the Society of Professional Journalists.

University of Iowa President Bruce Harreld struck an odd note in his graduation message to faculty, staff, and students: “Although a university attempts to create a space for fruitful study for its faculty and students, it can’t escape reality. We have gone through a lot at the University of Iowa, particularly in the last year. And yet here we are, about to uphold a time-honored tradition.”

Much of the turmoil and discontent at the University of Iowa this past year stemmed from Harreld’s hiring, against the wishes of most campus stakeholders. Unlike most of the people affected by his arrival, Harreld has been extremely well-compensated, receiving a substantially higher salary than the woman he replaced. He also presided over a generous contract extension for Athletics Director Gary Barta, despite troubling trends for women under Barta’s leadership and questionable decisions that have spawned multiple lawsuits and investigations of alleged gender discrimination. Meanwhile, the University of Iowa decided against complying with Johnson County’s latest minimum wage hike, a policy Harreld declined to explain in a public forum.

Seeing Harreld allude to what “we have gone through” at the University of Iowa (as if he were some passive bystander) reminded me of the president’s strange answer to the Daily Iowan’s recent questions about hate speech. As the Ditchwalk blog covered in more detail here, Harreld doesn’t seem to appreciate the difference between being insulted in public and being a target of hate speech.

Last week, some activists encouraged University of Iowa graduates not to shake Harreld’s hand while receiving their diplomas during the May 13 commencement ceremony. I understand the sentiment, but I would have encouraged students to deliver some concise verbal message while crossing the stage instead. Refusing a handshake makes a visible statement but also risks generating sympathy for Harreld.

Speaking of university leaders in the news, Iowa State University President Steven Leath’s approach to building relationships with lawmakers drew scrutiny recently. As Ryan Foley reported for the Associated Press on May 6, Leath provided tickets to sold-out ISU men’s basketball games to ten influential state legislators this year. Although the lawmakers paid face value for the tickets, the practice seems inconsistent with the spirit of Iowa’s gift law, since the courtside seats are normally available only to people who donate thousands of dollars to the university. Excerpts from Foley’s report and a recent Des Moines Register editorial on the subject are after the jump.

Simpson College political science Professor Kedron Bardwell recently flagged a disturbing interview Sam Clovis gave to Inside Higher Education. Clovis is on leave from his tenured position at Morningside College in Sioux City while he serves as a policy director for Donald Trump’s presidential campaign. Absurdly, Clovis suggested that even though “The liberal arts education is the absolute foundation to success in life,” perhaps student loans should not be available for those planning to major in the humanities. Presidential candidates bashing non-STEM education, especially philosophy majors, has long been a pet peeve for Bardwell. Many Simpson graduates who majored in philosophy or political science have gone on to successful careers. Research has shown that “philosophy majors consistently outperform nearly all other majors on graduate entrance exams such as the GRE and LSAT.”

This is an open thread: all topics welcome.

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Iowa families get promises but no guarantee on autism insurance coverage

Iowa families hoping for guaranteed insurance coverage of autism services will have to wait at least one more year. Despite Democratic efforts to add an autism coverage mandate to the health and human services budget for fiscal year 2017, the compromise approved on the final day of this year’s legislative session excluded such language. Instead, lawmakers increased state funding for various autism-related grants and programs.

According to the lead Republican negotiator on the human services budget, families affected by autism will have insurance coverage by January 2017 without a mandate, thanks to Wellmark Blue Cross/Blue Shield’s decision to sell policies through Iowa’s public insurance exchange. But those policies will not be available to Iowans living in dozens of counties, nor will they cover applied behavior analysis (ABA) interventions, which are effective but prohibitively expensive for many people with spectrum disorders.

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Never let it be said that the 2016 Iowa legislature accomplished nothing

In four months of work this year, Iowa lawmakers made no progress on improving water quality or expanding conservation programs, funded K-12 schools and higher education below levels needed to keep up with inflation, failed to increase the minimum wage or address wage theft, let most criminal justice reform proposals die in committee, didn’t approve adequate oversight for the newly-privatized Medicaid program, opted against making medical cannabis more available to sick and suffering Iowans, and left unaddressed several other issues that affect thousands of constituents.

But let the record reflect that bipartisan majorities in the Iowa House and Senate acted decisively to solve a non-existent problem. At a bill-signing ceremony yesterday, Governor Terry Branstad and supporters celebrated preventing something that probably never would have happened.

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Now he tells us: Hatch bashes property tax law he voted for, campaigned on

Jack Hatch isn’t happy with the work of his former colleagues in the Iowa Senate. Writing in the Sunday Des Moines Register, he declared the 2016 legislative session to be a “disaster for Democrats,” who made no progress on improving water quality, protecting public employees, raising the minimum wage, or funding education adequately. In Hatch’s view, Governor Terry Branstad has “bullied” Senate Democrats “into siding with him in serving only the top 10 percent.” In particular, he cited the “historic levels of tax relief for corporations” senators approved three years ago, part of a trend toward providing generous tax breaks for business while Iowa schools lack essential resources.

I couldn’t agree more that the commercial property tax cut lawmakers approved at the end of the 2013 legislative session was too expensive and mostly oriented toward businesses that didn’t need help, with foreseeable consequences for public services. Undoubtedly, that legislation and other corporate tax breaks are largely responsible for budget constraints that drove Democrats toward lousy deals on funding for K-12 school districts as well as higher education.

Just one question: why didn’t Hatch listen to the experts who warned at the time that the tax cut amounted to “Christmas for Walmart and McDonald’s”?

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Fake compromise lets Iowa GOP save face on Planned Parenthood capitulation

The Iowa House and Senate adjourned for the year this evening. As usual, the health and human services budget was one of the last deals Senate Democrats and House Republicans agreed on. Both sides gave significant ground on oversight of Iowa’s recently-privatized Medicaid program; a future post will look more closely at the terms of that agreement. In another example of history repeating itself, key negotiators had trouble finding common ground on what to do about Planned Parenthood funding through the Iowa Family Planning Network.

The outcome of last year’s budget talks left little doubt that Republicans wouldn’t achieve their goal of creating a new state family planning program, excluding abortion providers. Yet House Speaker Linda Upmeyer had promised a “deliberate and unwavering battle” on “pro-life issues,” and specifically to make defunding Planned Parenthood a “priority” for her caucus.

I’ve been wondering what Democrats might offer Republicans in exchange for preserving status quo language on state funding for Planned Parenthood’s non-abortion services.

As it turned out, they didn’t have to make any real concession.

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Iowa Democrats trying to add autism insurance coverage to budget bill

Earlier this month, Claire Celsi informed Bleeding Heartland readers about the demise of an autism insurance bill after State Representative Peter Cownie refused to bring the measure up for a vote in the Iowa House Commerce Committee, which he chairs.

As both Autism Awareness Month and the 2016 legislative session wind down, Democrats in the Iowa House and Senate have been working to add the same requirements to a must-pass budget bill. Follow me after the jump for background and where things stand in this fight.

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Weekend open thread: Exposing abuse edition

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

The Pulitzer Prizes announced this week recognized some powerful reporting on the misuse of power. The Associated Press won the public service award for “an investigation of severe labor abuses tied to the supply of seafood to American supermarkets and restaurants, reporting that freed 2,000 slaves, brought perpetrators to justice and inspired reforms.” Margie Mason, Robin McDowell, Martha Mendoza, and Esther Htusan contributed to this incredible investigative work; the whole series is available here.

The Washington Post won the Pulitzer’s national reporting category for its “revelatory initiative in creating and using a national database to illustrate how often and why the police shoot to kill and who the victims are most likely to be.” The database is available here; reporters who contributed to this work include Kimberly Kindy, Wesley Lowery, Keith L. Alexander, Kimbriell Kelly, Sandhya Somashekhar, Julie Tate, Amy Brittain, Marc Fisher, Scott Higham, Derek Hawkins, and Jennifer Jenkins. In one of the articles for this series, Kindy and Tate explored the common practice of police departments withholding video footage of fatal shootings, using the January 2015 death of Autumn Steele in Burlington, Iowa as the touchpoint.

The Pulitzer for explanatory reporting went to T. Christian Miller of ProPublica and Ken Armstrong of The Marshall Project “for a startling examination and exposé of law enforcement’s enduring failures to investigate reports of rape properly and to comprehend the traumatic effects on its victims.” An Unbelievable Story of Rape was a stunning and depressing piece.

Speaking of stunning and depressing, previously unreported abuses of teenagers at the now-closed Midwest Academy boarding school came to light earlier this year. Several former students spoke to Ryan Foley of the Associated Press about being kept in isolation boxes for days or weeks at a time. (Isolation is particularly harmful to developing adolescent brains.) The Des Moines Register’s Lee Rood reported on approximately 80 law enforcement calls to the facility in Keokuk during the last three years the school was open. Abusive practices by staff went back more than a decade, though.

No state agency had ever inspected the Midwest Academy, prompting calls for the Iowa legislature to prevent future problems at unregulated schools. The Iowa Senate unanimously approved a bill setting out certification and inspection standards for boarding schools. House Republicans amended Senate File 2304 before approving it in the lower chamber, making “some exemptions for religious facilities.” The Senate refused to concur in the House amendment, and on a mostly party-line vote, the House rejected the Senate version. The school oversight bill now goes to a conference committee. I hope lawmakers will work out a deal before adjourning, but this legislation is not a must-pass bill like the health and human services budget (currently hung up over disagreements on Medicaid oversight and Planned Parenthood funding).

Alleged verbal abuse by Iowa State University women’s basketball coach Bill Fennelly was among the actions that inspired a discrimination lawsuit by former star player Nikki Moody. The AP’s Luke Meredith and Ryan Foley broke news about that lawsuit on April 18. After the jump I’ve enclosed excerpts from their report and some reaction, but I highly recommend reading the plaintiff’s jaw-dropping twelve-page court filing. Looking through some Cyclone fan board threads about the lawsuit, I was struck by two contradictory lines of argument from the coach’s defenders: Moody is lying, because this or that former player says Fen was always supportive and would never behave that way; or alternatively, Moody is lying, because Fen is tough on all his players, not just the black ones. Cheyenne Shepherd, an unheralded player for ISU during the 1990s, provided strong support for Moody in a guest column for the Des Moines Register about her experience as one of Fennelly’s “non-favorites.” Retired ISU journalism professor Dick Haws discussed the “not-very-well-hidden secret” of how Fennelly berates and humiliates some of his players. Gavin Aronsen asked at Iowa Informer whether the lawsuit is “A Symptom of Broader Diversity Problems at ISU.”

Since Thursday, I’ve been reading reflections on the life and work of Prince. I remembered his exceptional creativity, charisma, and talent as a songwriter (for many other artists as well as for himself), but I didn’t realize how highly regarded he was as a guitarist. His solo during this performance of “While My Guitar Gently Weeps” was mesmerizing. Billy Gibbons of ZZ Top described Prince’s “sensational” guitar playing in an interview with the Washington Post: “Even today, I’m struggling to try and emulate that guitar introduction to ‘When Doves Cry.’ It’s just a testament to his extraordinary technique.” The whole “Purple Rain” album brings back strong high school memories for me, especially “When Doves Cry.” Prince’s biggest fan in the Iowa blogosphere was John Deeth, easily recognized at political events by his raspberry beret. Deeth reflected on what the music meant to him here.

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One Iowa House Republican's strange and lonely battle against marriage equality

Seven years have passed since the Iowa Supreme Court struck down our state’s Defense of Marriage Act. The Republican-controlled Iowa House failed to approve a constitutional amendment to overturn that court ruling more than three years ago. Fewer than a quarter of GOP state representatives were willing to co-sponsor the marriage amendment in 2015. Even if Iowa lawmakers tried to turn back the clock on marriage equality, the effort would be futile, since the U.S. Supreme Court ruled last year that all states must recognize marriages between same-sex couples.

Nevertheless, one Iowa House Republican won’t let this fight go. Today he seized on an unusual and futile way to register his discontent with the Iowa Supreme Court’s Varnum v Brien decision.

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Weekend open thread: "The resources we have" edition

What’s on your mind this weekend, Bleeding Heartland readers? This is an open thread: all topics welcome. The Des Moines Register ran an extraordinary lead editorial on Saturday about a Des Moines police officer’s “pattern of misconduct” and “poor judgment.” Click through to read the most strongly-worded warning about a law enforcement official I’ve seen in an Iowa newspaper.

An emerging compromise on higher education funding was one of the biggest state-level news stories of the week. The Iowa legislature’s joint Education Appropriations Subcommittee, co-chaired by Democratic State Senator Brian Schoenjahn and Republican State Representative Cecil Dolecheck, agreed on April 13 that the fiscal year 2017 budget for higher education will include an additional $6.3 million for public universities: $2.8 million for the University of Northern Iowa, $2.2 million for Iowa State University, and $1.3 million for the University of Iowa. Iowa Public Radio’s Joyce Russell noted that the increases work out to a little less than 3 percent more state funding for UNI, 1.2 percent for ISU, and less than 1 percent for UI.

The Iowa Board of Regents had requested an extra $20 million in state funding for the coming fiscal year: $4.5 million for UI, $8.2 million for ISU, and $7.65 million for UNI. Governor Terry Branstad’s draft budget had included a combined $8 million in additional state funding for the public universities. Last month, Board of Regents President Bruce Rastetter said at least $8 million would be needed to avoid raising tuition. In a statement released April 14, Rastetter said the board would “immediately start discussions regarding tuition increases at our universities for Fall 2016.”

More background and details on the higher education funding compromise are after the jump, but I want to highlight a couple of misconceptions. Russell quoted Dolecheck as saying “we did the best we can with the resources that we have,” and quoted Schoenjahn as saying lawmakers tried to stretch “the precious resources we had” but couldn’t do more without raising taxes.

No. Just last month, the Iowa House and Senate approved a tax bill that will reduce fiscal year 2017 revenues by nearly $120 million: $97.6 million by harmonizing Iowa tax code with federal statutes, and around $21 million by reducing state sales taxes for manufacturing companies. Another $280 million was taken off the table long before this year’s budget negotiations began, when most lawmakers in both chambers approved an expensive commercial property tax cut in 2013. Leaders of both parties bragged about that tax cut at the time but did not acknowledge how the windfall for commercial property owners would affect the state’s ability to pay for other priorities down the road.

Speaking on behalf of the union that represents UNI faculty, Professor Joe Gorton said this week, “It seems clear to me that the regent universities are being sacrificed on the altar of corporate welfare.” An Iowa Fiscal Partnership analysis from January shows Gorton was closer to the truth than were Schoenjahn or Dolecheck. Business tax credits are expected to cost the state around $272 million during fiscal year 2017.

Writing at Blog for Iowa this weekend, Dave Bradley argued, “Had Branstad’s administration not given tax cuts to businesses without consulting the legislature we would probably [be] OK. […] while the special interests that the Republicans have given breaks to are no longer paying what they once did, Iowa’s parents will see higher tuition fees on their kids university bills.” Fact-check: mostly false. Over many years, the legislature approved and failed to revise Iowa’s generous business tax breaks. Most Democrats in both chamber joined their GOP colleagues to pass the costly property tax cut three years ago. Just six state senators and thirteen representatives voted no; I’ve listed them after the jump. The Branstad administration did try to enact the manufacturing sales tax break without legislative approval last year, and was on track to succeed. However, the tax bill lawmakers negotiated and approved last month included a scaled-back sales tax break, superseding the Department of Revenue’s proposed administrative rule.

Speaking of money for state universities not living up to expectations, Ryan Foley of the Associated Press revealed on April 15 that Rastetter has paid only $1.5 million toward his 2008 pledge of $5 million to the University of Iowa’s football program. Before 2015, Rastetter had donated just $500,000 toward that pledge, raising “questions about whether the delay was part of the pressure he put on former university President Sally Mason.” Excerpts from Foley’s article are at the end of this post.

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IA-Sen: Judge playing down, Hogg playing up differences on water quality

Photo of Iowa stream courtesy of InIowaWater.org, a project of the Environmental Law & Policy Center

By entering the U.S. Senate race, former Lieutenant Governor Patty Judge ensured that environmental issues would become salient for many Iowa Democrats trying to choose among the four candidates running against Senator Chuck Grassley.

During the past two weeks, Judge has sought to minimize the daylight between herself and State Senator Rob Hogg on the need to address water pollution. But Hogg, widely considered Judge’s leading rival for the nomination, has made environmental concerns a big part of his pitch to Democrats.

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Promises Made, Never Kept for Natural Resources

A response to the Iowa House Republican plan to pay for water quality programs, which Governor Terry Branstad has endorsed. -promoted by desmoinesdem

I’m a long-time reader of Bleeding Heartland and a very infrequent source of posts/commentary. I am also heavily involved with Citizens for a Healthy Iowa and was the Campaign Manager for the Iowa’s Water & Land Legacy constitutional amendment campaign in 2010. Issues like water quality, wildlife habitat and protecting our public lands are near and dear to me …

Through that work I came to know Mark Ackelson of Iowa Natural Heritage Foundation and Bob Riley, a local businessman and conservation advocate. They recently penned a piece for Citizens for a Healthy Iowa that I wanted to share with Bleeding Heartland readers.

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Peter Cownie Kills Autism Insurance Bill

Claire Celsi is the Democratic challenger to Peter Cownie in Iowa House district 42. -promoted by desmoinesdem

April is Autism month. I wish I had better news for all the parents out there who are trying to provide the best care for their children.

State Representative Peter Cownie (R-West Des Moines), Chair of the Iowa House Commerce Committee, single-handedly killed the bill that autism advocates in Iowa had worked all year to bring to a vote in the House Commerce Committee. Cownie had challenged the bill’s advocates to “find him seven Republican votes” so he could bring the bill up and pass it out of his committee for consideration by the entire House. The autism advocates (mostly parents of children who have autism) found the committee votes – both Democrat and Republican. On March 8, the Commerce Committee met, but the bill was never brought up for a vote. Cownie apparently decided that insurance companies were more important than kids. I have heard stories from some of the parents who worked very hard to convince legislators to vote for the bill and they are adamant that the bill would have passed if Cownie would have allowed it to come up for a vote in his committee.

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Weekend open thread: Threats to public health edition

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

On April 1, three months later than originally planned, Iowa officially switched to a managed-care model for the Medicaid program. Erin Murphy explained here how privatization will affect almost all of our state’s roughly 560,000 Medicaid recipients.

Many Iowans on Medicaid are learning that their current health care providers are now out of network, a particular concern for those who have special medical needs. The Mayo Clinic in Rochester, Minnesota has not signed contracts with any of the three insurance companies selected to be managed-care providers in Iowa. KCRG’s Katie Wiedemannn reported on March 31 about a 9-year-old cancer patient whose scheduled treatment at Mayo has been delayed because of the new policy. I am aware of other families whose children on Medicaid have relied on out-of-state medical specialists to treat their children’s rare genetic or chronic conditions.

Iowa House Republican leaders have refused to act on an extensive Medicaid oversight bill that cleared the Senate with bipartisan support. However, they promise to unveil their own Medicaid oversight proposal soon. Senate Democrats will seek to add many oversight provisions to the human services budget, which is often one of the last bills to be resolved before lawmakers adjourn for the year.

One major red flag: Iowa hired only “two ombudsmen to investigate and work as advocates for the 560,000 poor or disabled people” on Medicaid. As Jason Clayworth reported for the Des Moines Register in January, a working group that studied the issue recommended hiring 134 more ombudsmen at a possible cost of $17 million annually.

Rhonda Shouse has been among the most vocal opponents of Medicaid privatization. She shared with Bleeding Heartland some resources for recipients who run into problems with their new managed-care providers. I enclose those below.

Some good public health news: state lawmakers recently approved a bill that would allow “First responders, emergency medical service providers, police, firefighters and licensed health care professionals” to maintain a supply of the drug Naloxone (also known as Narcan). The medication can prevent death after an overdose of heroin or prescription opioid pain-killers, both of which have become more prevalent in Iowa, as in many other states. Senate File 2218 passed the upper chamber the Senate unanimously and cleared the House by 93 votes to 2 (the dissenters were Republicans Stan Gustafson and Mike Sexton). Several groups representing law enforcement or medical professionals lobbied for this bill. At this writing, Governor Terry Branstad has not yet signed it.

UPDATE: Branstad signed the bill about the overdose drug on April 6.

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Iowa to require inventory of untested rape kits

Yesterday Governor Terry Branstad signed a bill requiring a statewide inventory of untested rape kits. The Iowa Attorney General’s Office pushed for House File 2420, which passed the Iowa House and Senate unanimously with the support of various groups representing law enforcement, crime victims, and attorneys.

I enclose below background on the provisions, benefits and limitations of the bill State Public Defender Adam Gregg described as a “significant step toward justice in Iowa.”

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Democrats settle for quarter of a loaf on tax deal, crumbs on school funding

The more things change, the more they stay the same.

Leaders in the Democratic-controlled Iowa Senate agreed early in the 2015 legislative session to pass two major tax bills backed by top Iowa House Republicans. The moves left Democrats no leverage to obtain concessions from Republicans on state spending for vital services, especially education. After months of negotiations, the final deal struck after Memorial Day gave House Republicans what they wanted on global budget targets and acceded to their demand for “allowable growth” of only 1.25 percent for K-12 education budgets.

As a gesture toward compromise, Republicans agreed last year to a supplemental spending bill, which included one-time funding for K-12 school districts, community colleges, and state universities. But once lawmakers had adjourned, Governor Terry Branstad item-vetoed some $56 million for education from that bill. The governor pleaded fiscal responsibility in his veto message, though such concerns hadn’t stopped him from signing $99 million in tax cuts into law months earlier.

I had high hopes for a better outcome this year when I saw Senate Democrats balk at passing a $97.6 million “tax coupling” bill much like the one that sailed through the upper chamber in 2015.

But during the past two weeks, Democrats approved harmonizing the state and federal tax codes as part of compromise legislation that was not linked to education spending. Then they agreed to school funding levels very close to the House Republicans’ initial offer for fiscal year 2017, which begins on July 1 and runs through next June. Lower projected state revenues forced Democrats to accept insufficient allowable growth for K-12 school budgets, lawmakers told disappointed students and educators. As usual, budget constraints never seem to be a reason for the Iowa legislature to say no to constituencies seeking expensive tax breaks.

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Turtle Protection Bill passes and is signed by the governor

When a bill passes by an overwhelming bipartisan vote, like the turtle harvesting bill did in both the Iowa House and Senate, one might assume it was easy to persuade lawmakers and the governor to act. Not necessarily. Thanks to Mike Delaney for an in-depth look at how one good idea became state law. Delaney is a founder of the non-profit Raccoon River Watershed Association. Turtle graphic produced by the non-profit Iowa Rivers Revival. -promoted by desmoinesdem

Over the years I have noticed a decline in the number of Soft-shelled turtles on my sandbars along the Raccoon River in Dallas County. When I first bought my farm in 1988 12” and 14” Soft-shells would regularly slide into the river off the sand where they were warming their cold-blooded bodies. A few seconds later you could see their noses and foreheads pop up to look around. When my son and daughter were little I showed them (as my older brothers had shown me as a child) how to walk along the shore at night, focus a flashlight at the water’s edge and spot the heads of baby Softshells sticking out of the sand. However, we have not seen these little guys for many years.

I asked around about what happened to the turtles. County conservation folks told me that the commercial turtle trappers were selling them to China. I asked some “environmentally concerned” friends. One said that the DNR was worried about Iowa’s turtles and had proposed rules to limit turtle “harvest” during egg laying season and limits on the numbers that could be taken. Iowa had no rules preventing over-harvest of turtles. I was told that the rules were being held up in the governor’s office.

I decided to act on the matter.

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How did this Iowa state senator escape a primary challenge?

State legislative incumbents typically are unchallenged for their party’s nomination, but every election cycle, some hopefuls take on sitting members of the Iowa House or Senate in a primary election. This year, nine Iowa House members (four Democrats, five Republicans) will face competitive primaries. Sometimes these long-shot candidates just want to serve in the legislature, like State Representative Kevin Koester’s GOP opponent in House district 38. Brett Nelson has run for the Iowa House more than half a dozen times.

Other primary challengers are motivated by ideology, like the Liberty-oriented former Congressional candidate Bryan Jack Holder. Wearing an 18th-century style tri-corner hat, he filed this year against State Representative Greg Forristall in House district 22.

Some challengers have a specific bone to pick with the incumbent. Conservative Dave Hartsuch ousted State Senator Maggie Tinsman, one of the last pro-choice Republicans to serve in the Iowa legislature, in a 2006 GOP primary. Hartsuch proved too extreme for his district and fell to Roby Smith in a primary four years later.

Occasionally, an incumbent who appears destined to fight for his party’s nomination ends up in an uncontested primary. In what I deemed a St. Patrick’s Day miracle two years ago, State Representative Josh Byrnes drew no GOP challenger despite having publicly supported marriage equality, Medicaid expansion, and a gasoline tax increase.

This year’s escape artist serves in the Iowa Senate, where no incumbents have any competition on the primary ballot. How he managed to avoid a battle with the far right is completely beyond me.

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Democrats will keep pushing Medicaid oversight despite bill's demise in Iowa House

Two bills to address the impending privatization of Medicaid died in the Iowa House this week. Effective April 1, some 560,000 Iowans on Medicaid will have their health care services managed by one of three private insurance companies. Last month, three Republicans joined Iowa Senate Democrats to pass approved Senate File 2125, which would terminate the state’s contracts with the managed care companies. Last week, six GOP senators voted with their Democratic colleagues for Senate File 2213, which would strengthen oversight of Medicaid by the Iowa Department of Human Services and the state legislature.

To stay alive after the Iowa legislature’s second “funnel” deadline today, non-appropriations bills must have been passed by one chamber and by a committee in the other chamber. However, the bill to end privatization and the oversight bill both died in House Human Resources subcommittees. To my knowledge, the only bill related to Medicaid privatization that remains alive is Senate File 2260, which would prohibit the Iowa DHS from releasing to managed care organizations certain information about board members of non-profits that provide Medicaid services in Iowa.

Speaking to journalists yesterday, Iowa Senate President Pam Jochum described the House failure to act on the oversight and termination bills as a “disappointment” but added, “I can assure you the fight over Medicaid is not done. You will see the human services budget bill contain many of the measures that we believe are needed to protect Iowa’s most vulnerable citizens.” Click here for a detailed summary of the oversight bill’s provisions. Maridith Morris described here how privatization will affect services available for her nephew on Medicaid.

House Speaker Linda Upmeyer told statehouse reporter Erin Murphy that Senate Democrats spent too long “working on killing the Medicaid modernization plan,” while passing the oversight bill too close to the funnel deadline: “That’s an 80-page bill that arrived very late last week. So we will look at oversight. We will work on oversight. But that bill just could not be managed in the time frame we were given. So we’ll look at opportunities.”

For the last five years of divided control at the statehouse, the human services budget has been one of the last bills to be resolved before lawmakers adjourn. Count on history to repeat itself this spring, because negotiations could drag on for months over Medicaid oversight and the near-certain Republican effort to eliminate Planned Parenthood funding for contraception services. A Bleeding Heartland post in progress will cover the family planning funding debate, as well as the fate of abortion-related legislation in the Iowa House and Senate this year.

Iowa Senate approves transgender protections in hate crimes law

The Iowa Senate voted today to add protections for transgender people to Iowa’s hate crimes law. Currently, hate crimes are defined as offenses “committed against a person or a person’s property because of the person’s race, color, religion, ancestry, national origin, political affiliation, sex, sexual orientation, age, or disability, or the person’s association with a person of a certain race, color, religion, ancestry, national origin, political affiliation, gender identity, gender expression, sex, sexual orientation, age, or disability.” Senate File 2284 would add the words “gender identity” and “gender expression” to that list. The full bill text is after the jump.

Democratic State Senator Matt McCoy has championed this bill and addressed his colleagues yesterday about last week’s horrific murder of Kedarie Johnson, a 16-year-old high school student in Burlington who was transitioning from female to male. I enclose the video of that speech below.

During today’s floor debate, Republican State Senator Mark Chelgren, who is also running for Congress in Iowa’s second district, offered an amendment that would have removed all individual classes from the state code on hate crimes. McCoy countered that such an amendment would “destroy the point of a hate crimes statute.” Senators rejected Chelgren’s amendment by 30 votes to 18, with Republicans Bill Dix, Mike Breitbach, Charles Schneider, and Jack Whitver joining all 26 Democrats to vote no. Chelgren then withdrew another amendment he had proposed, which would have added “military veteran or military personnel status” to the list of protected classes.

Republican Senator Jake Chapman offered an amendment to add “unborn status” to the hate crimes bill, but as he was speaking in its favor (and graphically describing abortion procedures), Democratic Senator Tony Bisignano questioned whether the remarks were relevant. McCoy then formally objected that the amendment was not germane, and Senate President Pam Jochum ruled the objection “well-taken” and Chapman’s amendment out of order.

Schneider was the only Republican to join all 26 Democrats in approving the bill on final passage. Republicans Rick Bertrand and Brad Zaun were absent, and the 21 other GOP senators voted no. Schneider represents my own district in the western suburbs of Des Moines, and I’m proud to see him continue a tradition of Republicans from this area supporting protections for LGBT Iowans. The same was true when the Iowa House and Senate added sexual orientation and gender identity to the state’s Civil Rights Code in 2007, and when lawmakers approved an anti-bullying bill the same year.

I don’t expect Iowa House Republican leaders to bring up Senate File 2284 this year, but I hope to be proven wrong.

UPDATE: The video from today’s debate is up on the Iowa legislature’s website. Chapman went on for several minutes, starting around the 1:38 mark. Jochum repeatedly asked him to confine his remarks to why “unborn status” should be included in the hate crimes statute, but Chapman kept talking about abortion procedures.

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Medicaid oversight bill passes Iowa Senate with bipartisan support

Since Terry Branstad returned to the governor’s office, the overwhelming majority of Iowa Senate votes on contentious political issues have fallen along strict party lines: 26 Democrats one way and 24 Republicans the opposite. However, the Branstad administration’s rush to privatize Medicaid has created space for bipartisanship, as a growing number of Republicans acknowledge the dangers of shifting to managed care for a program through which one in six Iowans access health services.

Last month, three GOP senators joined their Democratic colleagues to vote for a bill that would have halted Iowa’s Medicaid privatization. That legislation is going nowhere in the Republican-controlled state House, and federal officials recently approved waivers to allow the Iowa Department of Human Services to implement the managed care policy as of April 1.

Yesterday a quarter of the GOP state senators voted with all 26 Democrats for a Medicaid oversight bill that had cleared the Senate Human Resources Committee unanimously. In her remarks to open floor debate on Senate File 2213, Human Resources Committee Chair Amanda Ragan said the bill was designed “to safeguard the interests of Medicaid members, encourage the participation of Medicaid providers, and protect Iowa taxpayers.” She told colleagues, “we must require DHS and the managed care companies to protect consumers, preserve provider networks, address the unique needs of children and assure accountability.”

I enclose below highlights from the debate on SF 2213, the roll call on final passage, and Ragan’s full remarks, along with a Democratic staff analysis summarizing the bill’s key points.

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Casual sexism in the Iowa House becomes easy clickbait for Radio Iowa

The Iowa House Government Oversight Committee wasted more time today arguing over efforts by some Republicans to investigate last year’s Governor’s Conference on LGBTQ Youth. For background on the controversy surrounding the annual event organized by the non-profit Iowa Safe Schools, see reporting by Iowa statehouse correspondents William Petroski and James Q. Lynch, as well as Mark Joseph Stern’s article for Slate. Committee Chair Bobby Kaufmann could be directing his oversight energy toward the governor’s hasty privatization of the Medicaid program, which will affect health care for one in six Iowans. But no, Kaufmann asserts “it would be a dereliction of my duty if we did not have an investigation” of the Governor’s Conference on LGBTQ Youth, attended by roughly a thousand people last year. (I am a longtime supporter of the conference but play no role in planning it.)

Iowa Safe Schools Executive Director Nate Monson has declined invitations from Kaufmann’s committee to testify about the conference. Today Democratic State Representative Mary Wolfe, a defense attorney by trade, and Republican State Representative Dawn Pettengill, occasionally prone to paranoid fears, disagreed over whether Monson should be compelled to appear. I’ve enclosed below excerpts from their remarks at the latest committee meeting.

House Republican Clel Baudler interrupted the exchange to declare it a “catfight,” “eliciting laughter from some committee members, including Pettengill,” by Lynch’s account.

It’s disappointing but not surprising that an Iowa lawmaker would belittle two of his female colleagues by reducing their substantive disagreement to a “catfight.”

Equally disappointing and much more surprising: O.Kay Henderson validated Baudler’s assessment by elevating his description to the headline and lede of her story for Radio Iowa. Putting the word in quotation marks signified that the label came from someone other than the journalist. Nevertheless, a story called “Committee ‘catfight’ over panel’s subpoena power,” with the opening sentence “One committee member today used the word ‘catfight’ to describe this debate,” gave Baudler’s interjection more importance than it warranted. Henderson’s reports reach thousands of Iowans, not only online but also through more than 50 affiliate radio stations.

In contrast, Lynch played it straight with his title (“Iowa lawmakers clash on scope of oversight in LGBT case”) and lede (“Members of an Iowa House committee that reviews the performance of state agencies clashed Wednesday over the scope of its authority to compel testimony from members of the public”). He mentioned Baudler’s comment near the end of the story, where the colorful detail belonged.

I don’t expect Baudler to provide enlightened commentary on legislative happenings. I do expect one of Iowa’s most accomplished and respected female journalists not to seize on a sexist cheap shot as clickbait.

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Iowa's "Toddler Militia Bill" is a chance to build bridges across pro/anti gun cultures

The Iowa House approved House File 2281 on February 23 by 62 votes to 36. All 57 Republicans voted yes, joined by Democratic State Representatives David Dawson, Rick Olson, Jim Lykam, Mary Wolfe, and Patti Ruff. -promoted by desmoinesdem

Yesterday, the WaPo posted an op-ed opposing a bill in the Iowa legislature that makes it legal for kids under 18 to use a handgun under direct parent supervision. The bill is being lambased as a “toddler militia” bill that would let 1 and 2 and 3 year olds use guns.

I’m a parent very much concerned about gun violence in the US. One of my top reasons for supporting Hillary Clinton is her outstanding record on common sense gun control. However, I don’t oppose this bill, and in fact, I think it offers an opportunity for folks on both sides of the gun issue to come together.

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Feds approve Iowa's Medicaid privatization, effective April 1

Iowa’s Medicaid program will shift to managed care for some 560,000 recipients on April 1, in accordance with waivers granted by the federal Centers for Medicare and Medicaid Services. CMS had previously denied the request from Governor Terry Branstad’s administration to privatize Medicaid by January 1, citing numerous signs that the state was not ready. In a letter the Branstad administration released today, Vikki Wachino of CMS noted “significant improvement” in several areas: the provider networks of three insurance companies picked to manage care for Medicaid recipients; plans for reimbursing out-of-network providers for services; better communication between state officials and Medicaid providers and recipients; and training of case managers to assist Medicaid beneficiaries during the transition.

I enclose below reaction to today’s news from the governor, key state lawmakers, and other stakeholders, as well as the full five-page letter from CMS to Mikki Stier, director for Medicaid in the Iowa Department of Human Services. Federal officials set several conditions on their approval of Iowa’s plans, such as monitoring the actions of the three managed-care organizations, making sure call centers are running their helplines competently, and preserving some “continuity of care” for Medicaid recipients.

Although the delay until April 1 will allow more time to prepare for the transition, the policy’s likely impact remains the same: more money for insurance company overhead and profit and less for health care services; a deterioration in care for disabled people, as seen in Kansas and other states; and less access to health care providers (a key issue for the three Iowa Senate Republicans who recently voted with Democrats to terminate Medicaid privatization).

Senate Democrats continue to push for “tough, bipartisan oversight and accountability protections.” Chelsea Keenan reported for the Cedar Rapids Gazette that the Senate Human Resources Committee will consider that bill (Senate File 2213) on February 24. I don’t expect that legislation to go anywhere. All I’ve heard from Iowa House Republicans is happy talk, backed up by no evidence, that privatizing Medicaid will save the state money and improve patient care.

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Three Republicans join Iowa Senate Democrats in vote to terminate Medicaid privatization

This morning the Iowa Senate passed Senate File 2125, which would terminate contracts the state has signed with insurance companies picked to manage care for Iowans on Medicaid. Governor Terry Branstad announced his administration’s “modernization” plans early last year and selected four managed care providers in August, with a view to fully privatizing Medicaid by January 1, 2016. The state later terminated a contract with one of those four companies, and the federal government refused to grant the necessary waivers, saying Iowa would not be ready to shift to managed care until March 1 at the earliest.

Iowa Senate leaders made clear on day one of this year’s legislative session that Medicaid privatization would be a pressing concern. Senate President Pam Jochum has been sounding the alarm since last year, worried about how privatization would affect her developmentally disabled adult daughter and other Iowans with special needs. Jochum gave the opening and closing remarks in support of Senate File 2125 today. She repeatedly warned that the Branstad administration has tried to do too much, too fast, without input from state lawmakers or other stakeholders with expertise in the area. Fellow Democrats Chris Brase, Liz Mathis, Mary Jo Wilhelm, Rich Taylor, and Amanda Ragan echoed many of those concerns in their speeches.

During the floor debate, Republican State Senator David Johnson explained why he would vote for the bill. He read e-mails from numerous constituents expressing concern about access to health services for their loved ones on Medicaid. He pointed out that Minnesota took 20 years to transition to managed care, while Iowa is trying to implement the same changes over just one year. “It’s moving too fast. That’s the issue here. We need to put a dagger in this.”

Last week Johnson became the first GOP lawmaker to come out in favor of terminating the privatization program; I enclose below excerpts from Jason Clayworth’s report for the Des Moines Register. Johnson’s fears about “children at risk of losing services” stem from the failure of the managed care companies to sign contracts with thousands of providers who have been treating Iowans on Medicaid, including children on HAWK-I (Iowa’s version of the State Children’s Health Insurance Program). Scroll to the end of this post for more details on that access problem, based on data from the Iowa Department of Human Services.

Republicans who spoke against the bill today included Senators Jason Schultz and Mark Chelgren. Schultz claimed Democrats took “ownership” of managed care by putting assumptions about Medicaid savings into the health and human services budget for the current fiscal year. During her concluding remarks, Jochum pushed back hard against the idea that a vote for last year’s health and human services budget was a vote for managed care. Rarely do I ever agree with Schultz, but I think Senate Democrats walked into a trap there. The Branstad administration’s estimates on reduced Medicaid costs after privatization were never grounded in reality, but Democrats accepted those assumptions in the budget they passed–not because they supported the Branstad effort, but likely because doing so gave them an extra $51 million to spend on other health-related priorities.

Chelgren argued that lawmakers should keep their word after voting for a budget that assumed Medicaid would shift to managed care. He likened the situation to Congressional Republicans voting to repeal the 2010 Affordable Care Act without having a plan ready to replace “Obamacare.” The analogy fails because terminating Medicaid privatization that hasn’t been fully implemented would not be like repealing Obamacare after several years of operation. The status quo is an available and less disruptive alternative to serving the 560,000 Iowans on Medicaid. Chelgren claimed that halting Medicaid privatization and starting the process over would “betray” those who signed up as providers under the new system. That argument made no sense; public comments from Iowans on Medicaid and health care stakeholders have overwhelmingly opposed the Branstad policy.

During her concluding remarks, Jochum refuted claims that 39 other states have put Medicaid in managed care. In reality, only four states have fully privatized the system, as the governor is doing.

Shortly after the floor debate, senators voted 29 to 19 to approve SF 2125. Republicans Jake Chapman and Tom Shipley joined Johnson and all 26 Senate Democrats. Notably, those three Republicans all represent strongly GOP districts, not marginal seats.

The bill now goes to the Iowa House, where Speaker Linda Upmeyer has indicated she does not plan to bring the measure up for debate. For a nurse practitioner by training, Upmeyer is remarkably insensitive to ordinary people’s health care needs–not only those on Medicaid, but also chronically ill Iowans who could benefit from medical cannabis. A post in progress will catch up on the state of play for medical marijuana in the Iowa legislature.

UPDATE: Added more links and comments on the Medicaid debate below. According to Erin Murphy, Upmeyer confirmed today that the House will not take up SF 2125, because the governor would certainly veto it. Given how unpopular Medicaid privatization is, the public would likely support a legislative override of that veto. But at least five more Republican senators would have to change their stands to override a veto in the upper chamber. In the House, at least 24 GOP state representatives would need to support an override, assuming all 43 House Democrats voted in favor.

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How Iowa political leaders could honor the legacy of Rev. Dr. Martin Luther King, Jr.

When Congress finally passed a bill establishing a federal holiday named after the Rev. Dr. Martin Luther King, Jr. in 1983, national public opinion was split down the middle on whether the civil rights leader should be honored in this way. The holiday is no longer controversial, and members of Congress who voted against it, such as Senator Chuck Grassley, are quick to explain that they admire King’s work. Bleeding Heartland has compiled links related to Dr. King’s legacy and the long slog to establish this national holiday here, here, here, here, here.

I’ve been predicting for months that this year’s legislative session would mostly be a giant waste of many people’s time. I hope Iowa lawmakers and Governor Terry Branstad will prove me wrong by enacting not only the criminal justice reforms Branstad advocated in his Condition of the State speech last week, but also legislation to reduce mandatory minimum sentences, and improve police identification and interrogation procedures as well as police use of body cameras. The NAACP is pushing for a bill to ban racial profiling by law enforcement, which should not be controversial but probably will be a very heavy lift at the Capitol.

Branstad could act unilaterally to reduce one of Iowa’s massive racial disparities by revoking his 2011 executive order that has disenfranchised thousands of people, disproportionately racial minorities. (The procedure the governor established for regaining voting rights is “just about impossible” for felons to navigate.)

Any relevant comments are welcome in this thread. All three Democratic presidential candidates mentioned Dr. King during their opening statements during last night’s debate in South Carolina, and I’ve enclosed the videos and transcript below. I also included the part of the transcript containing Hillary Clinton’s and Bernie Sanders’ remarks on criminal justice reform.

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Weekend open thread: "Making a Murderer" edition

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

The more I hear about “Making a Murderer,” the more tempted I am to become a Netflix subscriber so I can watch the ten-part documentary myself. The series follows the case of Steven Avery, released from prison after 18 years when DNA evidence showed he was innocent of the rape for which he had been convicted. A few years later, Avery and his teenage nephew Brendan Dassey were charged and convicted of murdering Teresa Halbach. The documentary suggests that Avery and Dassey, who are both serving life sentences, did not kill Halbach and did not receive fair trials.

Lee Rood has a front-page feature in today’s Des Moines Register about how problems highlighted in “Making a Murderer” point to the need for criminal justice reforms in Iowa, such as “uniform best practices for eyewitnesses and the mandatory recording of law enforcement interrogations.” I’ve enclosed excerpts after the jump, but I strongly recommend clicking through to read her whole story.

Avery’s wrongful conviction for rape rested primarily on eyewitness testimony. The latest edition of the New Yorker contains an excellent piece by Paul Kix on how a similar “travesty led to criminal-justice innovation in Texas.” Passages enclosed below cite Iowa State University Psychology Professor Gary Wells, who “has spent decades researching ways in which police lineups can be made more accurate.” Wells testified at a hearing seeking to exonerate a man who had died in prison, serving time for a rape he did not commit. Some of Wells’ recommendations for improving police identification practices were incorporated into a Texas law.

Those measures are different from the reforms an Iowa working group proposed and Governor Terry Branstad endorsed in his speech to state lawmakers this week. But with statehouse Republicans and Democrats deeply divided over education spending, Medicaid privatization, and Planned Parenthood funding, criminal justice reform may provide a rare opportunity for bipartisan cooperation this year. I hope members of the Iowa House and Senate who applauded Branstad’s call to reduce racial disparities will also consider some of the steps Texas has taken to prevent wrongful convictions.

Speaking recently to the Marshall Project, the rape survivor whose mistaken eyewitness testimony sent Avery to prison during the 1980s recounted how seeing a picture of her real attacker doesn’t stir up any emotion for her. In contrast, she says, “I still see Steven Avery as my assailant even though I understand he wasn’t.” I have read other accounts of traumatic memories being altered so that misremembered details evoke panic and terror. The way trauma affects the mind and body and the malleability of traumatic memories are major themes in Dr. Peter Levine’s latest book Trauma and Memory. I hadn’t heard of the book until I received a copy from a friend who found Levine’s approach to healing trauma life-changing.

A videotaped confession by Avery’s “low-functioning” nephew became a key part of the prosecution’s case in the trial that is the focus of “Making a Murderer.” Des Moines defense attorney Gary Dickey told Rood, “Set aside Avery’s innocence or guilt, the most striking thing of the whole series is the clearly coerced confession of Brendan Dassey.” It is surprisingly easy to manipulate a person to admit doing things that never happened, as shown by the New York Police Department’s ability to obtain false confessions from five teenagers accused of assaulting the “Central Park jogger” during the 1980s. Discussing that notorious crime, Saul Kassin, Psychology Professor at the John Jay College of Criminal Justice and Williams College, pointed out that “in some cases people accused of crimes, particularly kids and others who are limited intellectually, become so confused by the lies that they actually come to believe they have committed this crime they did not commit.”

A chapter in Trauma and Memory focuses on “the pitfall of false memory,” such as when therapists (either unscrupulous or well-meaning) induce patients to believe wrongly that they suffered ritual or sexual abuse as children. At the end of this post, I enclose a passage from Levine’s book addressing “malevolent police interrogation methods” used to implant inaccurate memories and thereby obtain false confessions or wrongful convictions.

Among other things, the final installment of “Making a Murderer” covers a post-script to the Avery case: the downfall of District Attorney Ken Kratz, who prosecuted Avery and Dassey. Ryan Foley, an Associated Press correspondent in Iowa, was working for the AP in Wisconsin when he reported that Kratz “sent repeated text messages trying to spark an affair with a domestic abuse victim while he was prosecuting her ex-boyfriend.” Kratz lost his job over that despicable abuse of power, which he later blamed on mental health conditions and prescription drug dependence. All journalism students should listen to Foley’s interview with Kratz before the story appeared, a fascinating example of a newsmaker trying to intimidate a reporter. In quite a show of interrogation techniques, the DA warned that a “hatchet story” on his inappropriate behavior would reveal the journalist to be a “tool” for someone else’s political agenda. Kratz modulated his voice frequently–lecturing, mocking, shouting, even whispering–hoping to throw Foley off balance and trick him into revealing his sources.

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Criminal justice reform is major theme of Branstad's Condition of the State address

Governor Terry Branstad delivered his annual Condition of the State address to members of the Iowa House and Senate and the Iowa Supreme Court justices yesterday. If you missed the speech, the full prepared text is here. Iowa Public Television posted the video and transcript here. The early part of the 30-minute address included one false or misleading assertion after another.

· “Sound budgeting practices and fiscal discipline now have us ranked as the 3rd best managed state in the nation.” Contrary to the idea that Branstad markedly improved Iowa’s operation, a major investors group also ranked Iowa the third best-managed state in 2010 under Governor Chet Culver, recognizing Iowa’s good fiscal position, high credit ratings from leading agencies, and low debt per capita compared to most other states.

· “The Iowa Economy has created 214,000 new jobs; surpassing our 2010 goal.” Sorry, no. That’s a fake statistic no economist would accept. It’s a shame the governor has instructed Iowa Workforce Development to keep cooking the books on employment.

· “If the state fails to implement managed care, the growth of Medicaid spending will consume virtually all of our revenue growth.” The Branstad administration has not been able to demonstrate that managed care will save the state money. Florida’s Medicaid privatization turned out to be more costly without improving patient care.

I was also disappointed not to hear more specifics about how Branstad envisions spending funds he would like to divert from school infrastructure to water programs. What kind of water quality programs would be prioritized, and who would administer them? Then again, details about this plan may be irrelevant, because Iowa House and Senate leaders don’t sound open to the idea.

For now, I want to focus on a much more promising part of Branstad’s address. To my surprise, the governor devoted a major section–roughly eight minutes of speaking time–to advocating for criminal justice reforms proposed by a working group he appointed in August. The group was charged with developing ideas to increase fairness and reduce racial disparities in Iowa’s criminal justice system. Click here to read the full recommendations released in November. Bleeding Heartland will discuss some of the proposals in more detail in future posts. Advocates for defendants’ rights and racial justice have generally welcomed the proposals.

Although some policies do not go far enough, and other important reforms are missing from the document, I’m encouraged to see the governor apply some political capital toward reducing systemic racism and inequities in the justice system. I enclose below the relevant portion of Branstad’s speech, with some annotations.

UPDATE: I can’t believe I forgot to mention one thing Branstad could do immediately to address a massive racial disparity in Iowa. His executive order making it extremely difficult for felons to regain their voting rights disenfranchises Iowans of all ethnic backgrounds but disproportionately affects racial minorities.

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Budget looms large, social issues largely absent on the Iowa legislature's opening day in 2016

Governor Terry Branstad wore a pink tie and many colleagues remarked on history made yesterday at the Capitol, as Linda Upmeyer became the first woman to preside over the Iowa House as speaker, as well as the first child of an Iowa legislative leader to rise to the same position. Erin Murphy’s take on the milestone is worth a read.

As in recent years, social issues were almost entirely absent from the leaders’ opening remarks to their Iowa House and Senate colleagues. State budget priorities dominated the comments relating to public policy, with Republicans emphasizing the importance of not spending too much and Democrats emphasizing the need to spend enough on education and other vital services. No one mentioned Branstad’s call to extend the penny sales tax for school infrastructure and divert part of the revenue stream to water programs.

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Who's who in the Iowa Senate for 2016

The Iowa legislature’s 2016 session began on Monday. For the sixth year in a row, the 50 state senators include 26 Democrats and 24 Republicans. Just seven senators are women (six Democrats and a Republican), down from a high of ten women serving in the chamber during 2013 and 2014. All current senators are white. To my knowledge, the only African-American ever to serve in the Iowa Senate was Tom Mann, elected to two terms during the 1980s. No Latino has ever served in the Iowa House or Senate; Nathan Blake fell 18 votes short of becoming the first in 2014. No Asian-American has served in the state Senate since Swati Dandekar resigned in 2011.

I enclose below details on the Iowa Senate majority and minority leadership teams, along with all chairs, vice chairs, and members of standing Senate committees. Little has changed since last year, in contrast to the Iowa House, which saw some big changes in the majority Republican caucus since the legislature adjourned in June.

Term limits are a terrible idea generally but would be especially awful if applied to the Iowa Senate, as the longest-serving current senator bizarrely advocated last year. The experience gap between Democrats and Republicans is striking. As detailed below, only four of the 24 Senate Republicans have ten or more years of experience in the Iowa legislature, compared to seventeen of the 26 Democrats. No current Iowa Senate Republican has more than 20 years legislative experience, whereas six Democrats do.

Some non-political trivia: the 50 Iowa Senate members include three Marks, three Bills, three Richards (who go by Rich, Rick, and Dick), two Mikes, two Toms, two Joes, and two men named Charles (one goes by Chaz).

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Who's who in the Iowa House for 2016

The Iowa House opened its 2016 session today with 57 Republicans and 43 Democrats. The 100 state representatives include 27 women (21 Democrats and six Republicans) and 73 men. Five African-Americans (all Democrats) serve in the legislature’s lower chamber; the other 95 state representatives are white. No Latino has ever been elected to the Iowa House, and there has not been an Asian member since Swati Dandekar moved up to the Iowa Senate following the 2008 election.

After the jump I’ve posted details on the Iowa House majority and minority leadership teams, along with all chairs, vice chairs, and members of standing House committees. Where relevant, I’ve noted changes since last year. All are on the Republican side, mostly following from Kraig Paulsen’s decision to step down as speaker, Chuck Soderberg’s retirement, and the passing of Jack Drake.

Some non-political trivia: the Iowa House includes two Millers (one from each party), two Taylors (one from each party), and two Moores (both Republicans). As for first names, there are six Davids (four go by Dave), four Roberts (two Robs, one Bob, and a Bobby), four Marys (one goes by Mary Ann), four Johns, and three Brians. There are two Lindas, two Elizabeths (a Beth and a Liz), and two men each named Dan, Mark, Greg, Tom, Bruce, Todd, Chris, and Charles (one goes by Chuck).

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Republican Brian Moore retiring, opening up Iowa House district 58

One of the best pickup opportunities for Democrats in the Iowa House got better on Thursday, as three-term Republican State Representative Brian Moore told KMAQ Radio in Maquoketa that he will not run for re-election in House district 58. After an unsuccessful bid for the Democratic nomination in an Iowa Senate district, Moore switched parties, filed in a House seat where there was no Republican challenger, and pulled off one of the most shocking Iowa state legislative upsets in 2010. He won a re-match against Tom Schueller in the next election cycle and defeated challenger Kim Huckstadt by a comfortable margin in 2014.

House district 58 is among the most Democratic-leaning legislative seats currently held by a Republican. In 2012, Barack Obama received 55.6 percent of the vote here; only residents of House district 91 in the Muscatine area gave a higher percentage of their votes to the president while electing a Republican to the Iowa House. According to the latest figures from the Iowa Secretary of State’s office, House district 58 contains 6,968 active registered Democrats, 4,726 Republicans, and 9,151 no-party voters.

Moore has not always fallen in line with House Republican leaders. In late December, he told William Garbe of the Dubuque Telegraph-Herald that he may break with his caucus during this year’s session to support a larger funding increase for K-12 schools. Fellow GOP State Representatives Quentin Stanerson and Ron Jorgensen are also retiring this year and are known to have been dissatisfied with the final compromise on education funding last year. Moore’s announcement will increase speculation that State Representative Josh Byrnes may not seek a fourth term in House district 51. He challenged Linda Upmeyer for the speaker’s chair last summer. After losing that contest, Byrnes criticized excessive partisanship and the failure to meet deadlines for approving school funding. In 2013, Byrnes and Moore were the only two House Republicans to vote with Democrats to expand Medicaid as foreseen under the Affordable Care Act.

Democrat Peter Hird launched his campaign in House district 58 in October. I enclose below some background on Hird and a map of the district, which covers all of Jackson County, a large area in Jones County and two rural Dubuque County townships. Pat Rynard profiled Hird at Iowa Starting Line last month. I would not be surprised to see another Democrat file to run for this seat, since the winner of the primary will have a good chance of being elected in November.

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How the Governor Could Invest in Water without Raiding Other Priorities or Raising Taxes

Governor Branstad deserves credit for his proposal to provide significant resources to address water quality in Iowa. The proposal is an acknowledgment that water pollution is a serious, immediate problem that will take a major investment of resources to solve. It’s an acknowledgment that the drinking water in communities from Boone to Des Moines is at risk of being unsafe to drink because of high nitrate levels. It’s an acknowledgment that Iowans deserve better than a record number of public beach warnings caused by toxic algae and nutrient pollution. It’s an acknowledgment that while the voluntary Nutrient Reduction Strategy may provide a framework for solving our water quality problems, without the resources and urgency to implement it, the voluntary Nutrient Reduction Strategy won’t get us there.

Proposing a significant investment in water quality acknowledges the seriousness of our water quality problem and opens the door for serious discussions about how to find the resources to solve the problem. The Governor demonstrated leadership in starting the conversation, and it will take continued leadership to be open to input to improve the proposal and get buy in from legislators and the diverse constituencies that care about solving our water quality problem.

The leadership of an open mind is critical, because Governor Branstad’s proposal is not without its flaws.

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16 Iowa politics predictions for 2016

Hoping to improve on my percentages from last year, I offer sixteen Iowa politics predictions for 2016. Please spin your own scenarios in this thread.

I finally gave up on trying to predict whether Governor Terry Branstad will still be in office at the end of the year. Although his close adviser David Roederer “emphatically” says Branstad will serve out his sixth term, I am convinced the governor will resign early. But I can’t decide whether that will happen shortly after the November 2016 election or shortly after the Iowa legislature’s 2017 session.

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"The View from Nowhere" in Iowa legislative news coverage

When politicians lie, opponents often echo longtime Senator Daniel Patrick Moynihan’s famous words: You’re entitled to your opinion, but you’re not entitled to your own facts.

Politicians can get away with deception, however, when journalists present conflicting facts as opposing viewpoints in a “he said/she said” frame. So it was when Governor Terry Branstad recently touted phony job creation numbers, and reputable Iowa journalists hid behind “critics say” rather than acknowledging reality: no serious economist would recognize those statistics.

And so it was when the Des Moines Register again covered the Iowa Department of Revenue’s unprecedented attempt to rewrite tax code through the rule-making process. Statehouse reporter Brianne Pfannenstiel’s attention to the topic is welcome. The rule change has been an under-reported Iowa politics story this fall, even though it could have a huge impact on the state budget in coming years. Unfortunately, as was the case in earlier articles for the Register on the same controversy, Pfannenstiel avoided stating some important truths about the Branstad administration’s efforts, attributing such observations to “others” including “Democratic lawmakers.”

The journalist’s reflex to appear impartial by presenting factual statements as partisan opinions is part of what media critic Jay Rosen has called the View from Nowhere.

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Des Moines Water Works ran nitrate removal system for nearly half of 2015

graph of nitrates in the Des Moines River exceeding safe levels, taken by Steven Witmer using data from the U.S. Geological Survey

The Des Moines Water Works announced yesterday that it spent some $1.5 million during 2015 to operate its nitrate removal system “for a record 177 days, eclipsing the previous record of 106 days set in 1999.” The utility provides drinking water to about 500,000 residents of central Iowa, roughly one-sixth of the state’s population. The U.S. Environmental Protection Agency considers 10 mg/l the maximum safe level for nitrates in drinking water. The Des Moines Water Works switches the nitrate removal system on when nitrates exceed 9 mg/l in both of its sources, the Raccoon River and the Des Moines River. I enclose below the full press release from the Water Works, as well as charts from the U.S. Geological Survey’s website showing recent nitrate levels in the Raccoon and Des Moines rivers.

Runoff from agricultural land is the primary source of nitrates in Iowa waterways. As David Osterberg wrote yesterday, “so little land in Iowa is devoted to urban uses (lawns or golf courses) that even if urban application rates of Nitrogen and Phosphorous fertilizer were much higher than that on farms, only 2 percent of the pollution from land application of fertilizer comes from lawns and golf courses.” This “nutrient pollution” not only incurs extra costs for providing safe drinking water but also creates toxic algae blooms, which caused a record number of beach advisory warnings during the summer of 2015.

Last January, the Des Moines Water Works filed a lawsuit against drainage districts in northwest Iowa’s Sac, Calhoun and Buena Vista Counties. Drake University Law Professor Neil Hamilton wrote an excellent backgrounder on this unprecedented litigation: Sixteen Things to Know About the Des Moines Water Works Proposed Lawsuit. In a guest column for the Des Moines Register last May, Hamilton debunked the “strenuous effort” to convince Iowans that “the lawsuit is unfair and unhelpful.”

Governor Terry Branstad has depicted the lawsuit as a sign that “Des Moines has declared war on rural Iowa” and repeatedly criticized the Water Works last year. Iowa Secretary of Agriculture Bill Northey claims the water utility “has attempted to stand in the way of these collaborative efforts” to reduce nutrient pollution. A front group funded by the Iowa Farm Bureau and other agribusiness interests and led by Cedar Rapids Mayor Ron Corbett, among others, has also tried to turn public opinion against the lawsuit. In recent weeks, that group with the Orwellian name of Iowa Partnership for Clean Water has been running television commercials seeking to demonize Water Works CEO Bill Stowe.

Northey, Corbett, and Lieutenant Governor Kim Reynolds may soon become bitter rivals for the 2018 GOP nomination for governor. But those three will stand together opposing any mandatory regulations to reduce agricultural runoff. All support Iowa’s voluntary nutrient reduction strategy, shaped substantially by Big Ag and lacking numeric criteria strongly recommended by the U.S. EPA.

William Petroski and Brianne Pfannenstiel report in today’s Des Moines Register that Branstad “is exploring a legislative proposal that would provide money for water quality projects by using projected revenue growth from an existing statewide sales tax for schools.” Apparently “superintendents have been getting called to the state Capitol to discuss the proposal” with Branstad and Reynolds. Fortunately, that cynical attempt to pit clean water against school funding appears to have zero chance of becoming law. Of the ten state lawmakers or representatives of education or environmental advocacy groups quoted by Petroski and Pfannenstiel, none endorsed the half-baked idea. Their reactions ranged from noncommittal to negative. Speaking to Rod Boshart of the Cedar Rapids Gazette, Iowa Senate Majority Leader Mike Gronstal said of a possible Branstad proposal on water quality funding, “We certainly would be willing to look at that but we’re not going to cannibalize education or the basic social safety net so that he can put a fig leaf on his record on the environment.”

UPDATE: Erin Murphy reported more details about Branstad’s proposal: extend the 1 percent sales tax for school infrastructure, dedicate the first $10 million in annual growth to schools and allocate the rest to water programs.

SECOND UPDATE: Added below excerpts from Murphy’s report for the Cedar Rapids Gazette on Branstad’s plan. I’m disappointed to see U.S. Secretary of Agriculture Tom Vilsack endorse this ill-conceived proposal. Of course we “need to work on [water quality] now,” but why does the money have to come out of school funds? Remember, the Branstad administration is already pushing a corporate tax break that will cost public school districts millions of dollars a year for infrastructure on top of tens of millions of dollars in lost state revenue.

THIRD UPDATE: Branstad told reporters today he does not believe there is support in the legislature to raise the sales tax. Under a constitutional amendment adopted in 2010, 3/8 of a cent of the next Iowa sales tax increase would flow into the natural resources trust fund. He also indicated that he would not support extending the penny sales tax for school infrastructure beyond 2029, when it is scheduled to expire, without lawmakers agreeing to divert some of the funding to water programs. According to incoming Iowa House Speaker Linda Upmeyer, “House Republicans have been divided on whether to extend the school infrastructure sales tax beyond 2029.”

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Feds say Iowa not ready, must delay Medicaid privatization until March 1

For months, Governor Terry Branstad has dismissed warnings from patients, advocates, doctors, hospitals, editorial boards, and lawmakers that the state’s rush to privatize Medicaid would disrupt health care for some 560,000 Iowans. Today the governor finally got the message in a form he can’t ignore. Director Vikki Wachino of the federal government’s Centers for Medicare and Medicaid Services wrote to Iowa Medicaid Director Mikki Stier,

Based on our review last week of Iowa’s progress, as well as the information you have provided, CMS expects that we will ultimately be able to approve Iowa’s managed care waivers. However, we do not believe that Iowa is ready to make this transition Jan. 1. CMS previously outlined the requirements to provide high quality, accessible care to Medicaid beneficiaries, and Iowa has not yet met those requirements, meaning that a transition on January 1 would risk serious disruptions in care for Medicaid beneficiaries. While you have made progress in some areas of readiness, our review also identified significant gaps that need to be addressed before CMS can authorize your waiver requests. For that reason, CMS will work with you toward approval of your request effective March 1, 2016, provided that the state demonstrates progress toward readiness consistent with the actions in the attachment to this letter.

Click through to read the full four-page letter and four-page attachment from Wachino to Stier, which the Des Moines Register posted online. CMS officials found that “significant areas of the state did not have many provider types within a reasonable distance,” and that “Relying too heavily on out-of-network providers is likely to create confusion among beneficiaries and providers, result in access issues for beneficiaries, and disrupt continuity of care for beneficiaries.” Many of the points raised echo concerns three Democratic state senators expressed during meetings with CMS officials in Washington last month.

The CMS readiness review also showed that nearly half of Medicaid recipients who tried to call the state’s call centers earlier this month could not get through. Many Iowans who did reach a staffer on the phone were not able to find out whether any of their current doctors had signed contracts with the four managed care providers approved to run Medicaid. The CMS findings are consistent with what I’ve been hearing from acquaintances: the enrollment packets sent to Medicaid recipients did not include basic details they would need to make an informed choice of managed care provider (such as where their family’s current doctors will be in-network).

I enclose below reaction to today’s news from Branstad, who struck an upbeat tone, and key Democratic lawmakers, who vowed to keep fighting to improve legislative oversight of the Medicaid privatization. The Democratic-controlled Iowa Senate approved such a bill during the 2015 session, but the Republican-controlled Iowa House declined to take it up. Oversight is the very least state lawmakers could do to prevent the transition to managed care from becoming a pretext for denying services to vulnerable Iowans.

David Pitt noted in his report for the Associated Press,

Two legal challenges continue including one from the Iowa Hospital Association, a trade group for the state’s hospitals. It sued the state claiming the privatization plan is illegal because it takes millions of dollars from a dedicated hospital trust fund and gives it to the four managed care companies.

Any relevant comments are welcome in this thread. I am grateful that so many Iowans took the time to contact federal officials about Branstad’s disastrous policy. Bleeding Heartland reader Rhonda Shouse has been one of the superstar organizers in that fight.

UPDATE: Added below reaction from Representative Dave Loebsack (D, IA-02). I expect that during next year’s re-election campaign, Loebsack will highlight his efforts to shield constituents from the negative consequences of shifting Medicaid to managed care. His only declared Republican opponent is State Senator Mark Chelgren, who like his GOP colleagues in the upper chamber has done nothing to slow down the privatization or strengthen legislative oversight of the process.

SECOND UPDATE: Added more news and commentary related to this issue.

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Incoming Iowa House Speaker promises to fund education "early," not fund Planned Parenthood

Incoming Iowa House Speaker Linda Upmeyer says the majority House Republican caucus will handle education spending early during the 2016 legislative session, and will likely not approve funding for Planned Parenthood clinics in Iowa. I recommend reading Erin Murphy’s whole interview with Upmeyer, which appeared in the Quad-City Times on Sunday. Follow me after the jump for more thoughts on Upmeyer’s comments and how state support for public school districts and Planned Parenthood’s family planning programs may play out next year.

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New poll is testing messages and attitudes about the University of Iowa

A poll in the field this week is measuring Iowans’ views of the University of Iowa and whether certain changes would increase the perceived value of a degree from the university. The phrases enclosed below reflect what one respondent was able to recall from the survey, which lasted approximately 15 minutes.

I hope to update this post with much more detail about the question wording. If you receive this call (or any message-testing poll), please take notes and send them to the e-mail address at the bottom right of the Bleeding Heartland front page.

The survey included at least one question about the performance of the University of Iowa’s new president, Bruce Harreld. In interviews with Iowa Public Television and Iowa Public Radio today, Harreld said he has been “building trust” by meeting with as many stakeholders on campus as possible. He also endorsed a plan to seek more state funding for the university next year. Jeff Charis-Carlson reported for the Iowa City Press-Citizen on November 6 that the “faculty vitality” proposal would provide $4.5 million for recruiting new faculty and increasing salaries of tenure-track faculty during the 2017 fiscal year. Iowa Board of Regents President Bruce Rastetter orchestrated adding $4.5 million to the budget request for the University of Iowa a few days after the regents hired Harreld. The move was widely perceived as an effort to placate those who disapproved of the hiring before a scheduled meeting of the Faculty Senate. Iowa Public Television’s “Iowa Press” program will broadcast the full episode with Harreld this Friday and Sunday.

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Republicans not giving up efforts to defund Planned Parenthood in Iowa

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Iowa’s social conservatives have suffered several setbacks lately in their crusade against Planned Parenthood. The Iowa Supreme Court unanimously struck down an administrative rule that would have banned the use of telemedicine for medical abortions in several Planned Parenthood clinics. Iowa Attorney General Tom Miller informed a large group of Republican lawmakers that his office has neither “jurisdiction over transfers of fetal tissue” nor the “authority to investigate or demand information about the transfer of fetal tissue.” (Not that it mattered, since Planned Parenthood clinics in Iowa have never participated in fetal tissue donation programs.)

Governor Terry Branstad, who has always opposed abortion rights, acknowledged two weeks ago that “we cannot defund Planned Parenthood,” because a review of Planned Parenthood’s contracts with the state revealed that the health care provider has not “violated their responsibilities under the grants that they have received” for family planning services. An official review also confirmed no taxpayer money goes toward abortion services at Planned Parenthood clinics in Iowa.

During this year’s legislative session, Republicans successfully pushed for ultrasound requirements for women seeking abortions, but the final adopted language on ultrasounds did not add any new roadblocks or delays to the process of getting an abortion in Iowa.

Advocacy groups like Bob Vander Plaats’ FAMiLY Leader organization continue to pressure Branstad to keep his 2010 campaign promise to end Planned Parenthood’s state funding. Last week, Iowa House Republicans indicated that they plan to continue their “deliberate and unwavering battle” for the “pro-life” agenda.

Here’s how efforts to defund Planned Parenthood are likely to play out during next year’s Iowa legislative session. What happens after that depends mostly on whether the 2016 general election changes the balance of power at the statehouse.

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Iowa Republican lawmakers not eager to block Branstad's latest power grab

Among the many examples of corporate cronyism Governor Terry Branstad’s administration has provided these past five years, getting the Iowa Department of Revenue and Finance to rewrite tax code without legislative approval “on behalf of the Iowa Taxpayers Association” is among the most brazen.

Not only does this unprecedented use of the rule making process usurp legislative authority, it may end up being more expensive than “the worst economic development deal in state history.” At least tax incentives benefiting Orascom (for a fertilizer plant the company would have built anyway) have an end point. The Iowa Department of Revenue’s proposed sales tax cut for manufacturers will cost the state of Iowa tens of millions of dollars in revenue every year, indefinitely.

Democratic state lawmakers weren’t happy that the Branstad administration unilaterally decided to let private insurance companies manage the state’s Medicaid program, especially since some corporate representatives were briefed on that managed care plan long before state officials informed lawmakers or the general public. But state lawmakers didn’t have a way to block the Medicaid privatization.

In contrast, the Iowa House and Senate could stop the Iowa Department of Revenue’s proposed rule and thereby assert the authority of the legislative branch to approve tax code changes. Alas, signs from Tuesday’s meeting of the legislature’s Administrative Rules Review Committee (ARRC) point to House Republicans going along with the Branstad administration’s ”serious overreach of executive power.”

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Two Iowa metros on list of ten "worst cities for black Americans"

The Des Moines metro area has made plenty of “best places” lists during the last five years, but Chamber of Commerce types won’t be bragging about the top ten ranking that appeared last week. After examining “the disparities between white and black Americans in several economic and social measures” across the country, Thomas C. Frohlich and Sam Stebbins of the 24/7 Wall St. website “identified the 10 worst cities for black Americans.” The authors noted, “Four of the cities with the worst racial inequality are in Illinois, two are in Iowa, and all are in the Midwest.”

Follow me after the jump to learn why the Des Moines metro area ranked ninth and the Waterloo/Cedar Falls metro area tenth on this list.

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Iowa House Speaker Upmeyer plans to deal with education funding "quickly"

During this year’s legislative session, Iowa House Republicans refused for months to budge from their initial position on education funding, forcing public school districts to approve budgets for the coming year without knowing how much state aid to expect. Then House Speaker Kraig Paulsen and Democratic Iowa Senate Majority Leader Mike Gronstal finally rolled out a deal on education spending and other state budget issues more than a month past the Iowa legislature’s scheduled adjournment date.

Incoming House Speaker Linda Upmeyer plans to handle things differently, Cristinia Crippes reported for the Waterloo-Cedar Falls Courier, after hearing Upmeyer’s remarks to a group of Republican women in Cedar Falls.  

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What's the end game for conservation funding in Iowa?

(Thanks to Matt Hauge for flagging this little-noticed but significant shift by the Iowa Corn Growers.   - promoted by desmoinesdem)

(Author note: Thanks to DesMoines Dem for permitting this cross-post originally published on Medium.) 

At its annual policy conference in August, the Iowa Corn Growers Association joined the Iowa Soybean Association in supporting Iowa’s Water and Land Legacy (IWLL), a sales tax increase that would provide in excess of $150 million annually to environmental protection and natural resources in Iowa.

Official support for IWLL from both the corn and soybean organizations is significant because a bill in this year’s legislative session to enact the tax increase, SSB1272 (succeeded by SF504), drew opposition from the Iowa Farm Bureau Federation, the state’s agribusiness lobbying powerhouse.

While it received very little attention in the media, this action by the Corn Growers — just maybe — is a sign that something is changing in a good way for clean water in Iowa.

Even if not, at least the Corn Growers’ decision presents a good opportunity to look at what’s going on as Iowa struggles for better conservation performance of its globally significant soil and water resources.

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Pat Grassley will chair the Iowa House Appropriations Committee

Five-term State Representative Pat Grassley announced on Twitter this morning that he will chair the Iowa House Appropriations Committee. The previous chair, Chuck Soderberg, retired from the legislature last month. I don’t know who else lobbied Speaker-Select Linda Upmeyer for this prize committee assignment, but I will update this post if I learn more.

The grandson of U.S. Senator Chuck Grassley, Pat Grassley was first elected to the Iowa House in 2006. He chaired the House Economic Growth and Rebuild Iowa committee in 2011 and 2012 and has chaired the House Agriculture Committee since the 2013 legislative session. He represents a safe Republican district covering Grundy County and parts of Hardin and Butler counties. Grassley’s most competitive re-election bid was the 2012 Republican primary in House district 50, after redistricting pitted him against then-colleague, State Representative Annette Sweeney.

Many Iowa politics watchers expect Grassley to run for secretary of agriculture in 2018, assuming the current incumbent Bill Northey seeks the Republican nomination for governor.

OCTOBER UPDATE: Upmeyer selected three-term State Representative Lee Hein to chair the House Agriculture Committee for the 2016 legislative session. Hein had previously been one of four assistant majority leaders.  

Iowa House district 5 special election coming on November 3

Governor Terry Branstad has set the special election to replace Chuck Soderberg in Iowa House district 5 for November 3, Iowa Secretary of State Paul Pate told KTIV news today. Last month, Soderberg announced plans to resign in order to become general manager for the Iowa Association of Electric Cooperatives in Des Moines.

A map of House district 5 is after the jump. Even in a low-turnout special election, Democrats don’t have a realistic chance of winning this seat, where Mitt Romney carried 65.9 percent of the vote in 2012 and Joni Ernst won 71.2 percent of vote in last year’s U.S. Senate race. The latest figures from the Iowa Secretary of State’s Office show that House district 5 contains 3,819 active registered Democrats, 9,015 Republicans, and 6,697 no-party voters.

The special election in House district 5 will still be important, though. Whoever wins the Republican district nominating convention could be set up for a long legislative career. UPDATE: The GOP special nominating convention will take place on the evening of September 28 at the Farm Bureau Building in Le Mars.

Soderberg’s retirement will allow newly-selected Iowa House Speaker Linda Upmeyer to choose someone new to chair the House Appropriations Committee. I expect the 2016 Iowa legislative session to be largely unproductive, not only because it’s an election year but also because Branstad’s funding vetoes this summer destroyed any incentive toward bipartisan cooperation. That said, lawmakers cannot adjourn without passing a budget for the next fiscal year, so the Appropriations Committee chair will be an important player at the Capitol next year.

Notably, four key Republicans who were involved in this year’s budget negotiations (including Soderberg) have quit their jobs since Branstad exercised his veto power. The governor’s communications director Jimmy Centers announced last week that he too will soon leave the administration for an unspecified private-sector job.

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Regents' gesture on funding won't stop backlash against new University of Iowa president

Contradicting official documents released less than a week ago, Iowa Board of Regents President Bruce Rastetter announced yesterday that “he will seek $4.5 million in additional funding for the University of Iowa” during the 2017 fiscal year after all.

The three-sentence news release is intriguing on several levels:

1. The way it conflates Rastetter’s personal opinion with a shift in Board of Regents policy.

2. The unusual timing of a state government body announcing a policy change on a public holiday.

3. The unconvincing attempt to give newly-appointed University of Iowa President Bruce Harreld some credit for the conciliatory move.

4. The effort to spin a relatively small funding increase as a significant investment in the university’s “strengths” and “core mission.”

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Key Iowa Republican budget negotiators eager to leave Capitol

In the span of a few weeks, four Republicans who were heavily involved in shaping this year’s state budget have made sure they won’t be at the negotiating table during the Iowa legislature’s 2016 session. First, Matt Hinch quit as Governor Terry Branstad’s chief of staff. The weekly Business Record reported yesterday that Hinch “joined the Des Moines office of government affairs and lobbying group Cornerstone Government Affairs as a vice president.”

Days after the Branstad administration announced Hinch’s departure, Kraig Paulsen resigned as Iowa House speaker. He plans to be a back-bencher next year and will not seek re-election to the Iowa House in 2016. It’s not yet clear whether he will remain an attorney for the Cedar Rapids-based trucking firm CRST International, or whether he will seek a different private-sector job.

Last Friday, Branstad’s office announced that Jake Ketzner was leaving as the governor’s legislative liaison. I’ve enclosed the full statement on the staff changes after the jump. Yesterday, the marketing and lobbying firm LS2group revealed that Ketzner will be their newest vice president, specializing in “campaign management, government affairs, and public affairs.”

Finally, House Appropriations Committee Chair Chuck Soderberg told journalists yesterday that he will resign to take a leadership role in the Iowa Association of Electric Cooperatives, a powerful interest group.

I can’t blame these Republicans for not wanting to spin their wheels at the Capitol during next year’s legislative session. Election years are not conducive to bipartisan deal-making in the best of times. Last month, possibly influenced by Hinch and Ketzner, Branstad poisoned the well with vetoes that erased most of the House GOP’s budget concessions to Senate Democrats. Although Paulsen insisted he had negotiated in good faith, he and his top lieutenant Linda Upmeyer (the incoming House speaker) didn’t lift a finger to override the governor’s vetoes.

Newly-elected House Majority Leader Chris Hagenow told a conservative audience in Urbandale today, “I’m not as skeptical about next year as maybe some are. I think there’s a lot of good things that we can get done [in the legislature],” Rod Boshart reported.

That makes one of us. Seeing Hinch, Paulsen, Ketzner, and Soderberg vote with their feet reinforces my belief that next year’s legislative session will mostly be a waste of many people’s time and energy.

P.S.- Some grade A political framing was on display in the governor’s press release enclosed below: “During the 2015 session, Ketzner worked across party lines to secure bipartisan support for historic infrastructure investment that an economic development study called a prerequisite for economic development in Iowa.” In other words, he helped persuade lawmakers to increase the gasoline tax. Ketzner’s official bio at LS2goup likewise speaks of his work “across party lines to secure bipartisan support for significant transportation and broadband infrastructure investments.”

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Chuck Soderberg's retirement creates opportunities for upwardly-mobile Republicans

Bret Hayworth reported for the Sioux City Journal today that State Representative Chuck Soderberg will soon resign in order to become general manager for the Iowa Association of Electric Cooperatives in Des Moines. He has worked for the Northwest Iowa Power Cooperative in Le Mars for more than 35 years.

First elected to the statehouse in 2004, Soderberg chaired the House Commerce Committee for two years beginning in 2011 and has led the powerful Appropriations Committee since January 2013. No doubt quite a few members of the Iowa House GOP caucus would love to take on that role next year. Given the atmosphere of distrust that Governor Terry Branstad exacerbated by blowing apart this year’s spending compromises, I expect little constructive work to happen during the 2016 legislative session. But passing a budget is one thing lawmakers can’t leave town without doing, so the next person to do Soderberg’s job will exert considerable influence.

Surely Speaker Linda Upmeyer will give the Appropriations chair to someone with more experience than current vice chair Ken Rizer, who is in the middle of his first legislative term.

Soderberg’s retirement also opens up Iowa House district 5, covering all of Plymouth County and some rural areas of Woodbury County. I enclose a detailed map after the jump. This seat isn’t realistically within reach for Democrats; Mitt Romney carried 65.9 percent of the presidential vote here in 2012, and Joni Ernst won 71.2 percent of the 2014 votes for U.S. Senate. The latest figures from the Iowa Secretary of State’s Office show that House district 5 contains 3,820 active registered Democrats, 8,988 Republicans, and 6,659 no-party voters.

A safe legislative seat will be tempting for many ambitious Republicans in Plymouth or Woodbury County. The GOP district nominating convention, likely to happen sometime in September, should be highly competitive.

This thread is for any speculation about Soderberg’s successor on the House Appropriations Committee or as the lawmaker representing House district 5.

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Linda Upmeyer will be first woman Iowa House speaker; Chris Hagenow to be majority leader

Iowa House Republicans chose Linda Upmeyer to replace Kraig Paulsen as House speaker today. First elected to the legislature in 2002, Upmeyer has served as majority leader since 2011. House leaders did not release details on today’s vote. State Representative Josh Byrnes was the only other candidate to seek the speaker’s post, despite rumors that one or more other Republicans were sounding out colleagues about the race. All credit to Byrnes for putting himself out there against the party establishment favorite. That takes guts.

O.Kay Henderson posted highlights from Upmeyer’s remarks to reporters today, as well as the audio clip. Not known for showing a lot of emotions in public, Upmeyer’s voice broke as she talked about her late father, Del Stromer, who served as House speaker during the 1980s. She doesn’t sound inclined to change much about how Paulsen was running the lower chamber, but joked, “I use more words than Speaker Paulsen, and I will try to curb that temptation going forward.”

Chris Hagenow will move up from majority whip to replace Upmeyer as majority leader, and Joel Fry will move from an assistant majority leader position to majority whip. Matt Windschitl will continue to serve as House speaker pro-tem. Hagenow told reporters that no one else sought the majority leader post. Bobby Kaufmann ran for majority whip.

Henderson quoted Byrnes as saying,

“I feel like I’m in that movie, Groundhog Day….It’s the same leadership in the House, the same leadership in the Senate. It’s the same governor and the parameters just feel like they’re just set and we can’t move from them. We need new ideas. We need new energy, we need to be able to accept other people’s concepts and infuse those in and I hope that, you know, she can do that.”

According to Byrnes, rank-and-file legislators are upset with missed deadlines, as the legislature has failed to set state school aid levels on time and met for weeks past its scheduled adjournment date. Byrnes also said Iowans are soured by the hyper-partisanship they see from statehouse politicians. […]

Upmeyer told reporters she’ll address the concerns Brynes raised.

“We never should be comfortable with where we’re at,” Upmeyer said. “We always should be striving for innovation and to do things smarter and better and so I absolutely applaud that.”

No need for a lot of innovation here, Madam Speaker: just accept reasonable compromises instead of refusing to budge from your initial negotiating position, and approve school funding bills on time, as happened for a decade and a half before Iowa House Republicans decided to stop following state law a few years back.

After the jump I’ve enclosed official comments on the House leadership election from the Republican Party of Iowa and House Minority Leader Mark Smith, as well as a Facebook status update Byrnes posted after today’s vote.

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Update on the race to replace Kraig Paulsen as Iowa House speaker

Iowa House Republicans will meet in Des Moines on August 20 to choose a new speaker, Erin Murphy reported earlier this week. Outgoing Speaker Kraig Paulsen surprised mtost Iowa politics watchers when he announced last week that he will step down from leadership before next year’s legislative session and will not seek re-election to the Iowa House in 2016.

House Majority Leader Linda Upmeyer and State Representative Josh Byrnes quickly let it be known that they will run for speaker. The rumor mill expects another House Republican to seek the position, but to my knowledge, no one has gone public with that ambition. Several House members have not responded to my request for comment, including Representative Peter Cownie, who was rumored to be interested in the speaker’s post two years ago. I’ve heard rumblings about Representative Guy Vander Linden, but speaking by phone on August 10, he told me, “I don’t intend to run for speaker. I don’t feel prepared to run for speaker.” He said he undecided on whom he will support to replace Paulsen but inclined to back Upmeyer, because “continuity is important.”

House Majority Whip Chris Hagenow is supporting Upmeyer for speaker and formally announced on Monday that he will seek the post of majority leader. Current House Speaker Pro-Tem Matt Windschitl is also backing Upmeyer and does not appear interested in moving up to majority leader.

According to the Des Moines Register’s Kathie Obradovich, over the weekend WHO talk radio host Simon Conway referred to State Representative Walt Rogers (currently one of four assistant majority leaders) as “quite probably the next majority leader” of the Iowa House. However, Rogers told me he will not run for majority leader, because he’s “having fun and working hard” with Rick Santorum’s presidential campaign. Rogers was an early Santorum endorser during the last election cycle, and Santorum in turn supported Rogers’ short-lived Congressional campaign.

Rogers declined to comment when I asked whether he will support Upmeyer for speaker.

As for whether Vander Linden might run for majority leader, he told me, “I haven’t given it any serious consideration,” adding, “I would give a politician’s ‘Never say never.’”

Governor Terry Branstad is wisely staying out of the speaker’s race.

Spin your own scenarios in this thread, and please contact me if you know of another House Republican actively seeking the post of speaker or majority leader.  

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Preview of the coming Iowa House Republican leadership battle

Iowa House Speaker Kraig Paulsen announced yesterday that he will not seek re-election in 2016 and will step down from leadership before next year’s legislative session. His surprise move kicks off what will be the most competitive leadership election within the House Republican caucus since colleagues elected Paulsen minority leader shortly after the 2008 general election.

Linda Upmeyer, a seven-term incumbent who has served as majority leader since 2011, immediately confirmed that she will run for speaker. She would be the first woman to lead the Iowa House, and to my knowledge, the first child of an Iowa legislative leader to follow a parent in that role. Upmeyer’s father Del Stromer was House speaker for part of the 1980s.

She won’t get Paulsen’s job without a fight, though.  

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Ryan Wise is the new Iowa Department of Education director (updated)

Catching up on news from last week, Governor Terry Branstad appointed Ryan Wise to lead the Iowa Department of Education, effective July 1. I’ve enclosed below the full statement from the governor’s office, which includes more background on Wise. He should have no trouble during the Iowa Senate confirmation process, having served as deputy director at the education department since September 2013.

Wise replaces Brad Buck, who started work on July 1 as superintendent of the Cedar Rapids Community School District. It’s no surprise that he sought new opportunities after less than two years in the top state education job. Branstad instructed Buck to prioritize the tourism industry’s demands over the consensus of school district leaders on academic calendars, even though the large body of research supporting shorter summer vacations for students contrasts sharply with the lack of evidence that “early [school] start dates interfere in any meaningful sense with the Iowa State Fair or with any other tourism activity in Iowa.” During Buck’s tenure as education director, Branstad also asked lawmakers to approve miserly increases in state aid to K-12 schools. The governor’s latest draft budget included “allowable growth” for K-12 education of 1.25 percent for fiscal year 2016 and 2.45 percent for fiscal year 2017. Those levels are low by historical standards and not nearly enough to allow school districts to cover growing costs, leading to either staff and program cuts or property tax increases in many localities.

Any relevant comments are welcome in this thread. UPDATE: Added below excerpts from fifth-grade teacher Amy Moore’s editorial for the Des Moines Register, sounding the alarm about Wise’s experience with the Teach for America program.

P.S.- Almost every time I read a press release from the governor’s office, I am struck by the relentless branding of Branstad and Lieutenant Governor Kim Reynolds as a single unit. The communications staff have been doing this for years, supporting Branstad’s desire to make Reynolds his successor. Still, it’s jarring to read unnatural-sounding quotes mentioning the “governor and lieutenant governor” or “Governor Branstad and Lieutenant Governor Reynolds’ leadership.” Does anyone really talk the way Wise “speaks” in the enclosed press release (“I admire the Governor’s and Lieutenant Governor’s commitment to providing every child in Iowa with the world-class education they deserve”)?

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