A critical Democratic primary contest is taking place in House district 66, where Clair Rudison is challenging two-term State Representative Ako Abdul-Samad. I discussed this race here. A Bleeding Heartland reader who lives in the district sent me images of direct-mail pieces Rudison's campaign has sent out during the last week or so. I've posted the images after the jump. One says marriage is a "building block of our community," noting that Clair Rudison wants to "let the people vote" while Ako Abdul-Samad "has consistently voted against allowing the Iowa House to bring this matter to the people." Another points out that Ako voted for increasing vehicle registration fees. A third says Ako voted for creating the Iowa Film Office and therefore "opened the door for your tax money to be stolen by Hollywood producers." The fourth piece draws a contrast between Ako and Rudison on all of the above issues (Iowa Film Office, vehicle fee increases, and allowing Iowans to vote on marriage).

Rudison implies that "a majority of Iowans" oppose Ako's stance on marriage equality, but the latest KCCI poll suggests a majority favor same-sex marriage rights. House district 66 contains some of the most gay-friendly neighborhoods in Des Moines (Drake area, Sherman Hill, "East Village"), so it's far-fetched to portray Ako as out of step with his constituents.

Rudison unfairly alleges on one mailer, "Instead of tax dollars being spent to fight crime, improve education or increase access to health care, Ako gave our money to Hollywood." During Ako's two terms in the Iowa House, Democrats have allocated lots of money to fighting crime, improving education and expanding access to health care, especially for children. I'm no fan of the film tax credit, but the money we wasted on that program didn't stop Democrats from expanding children's health care and voluntary preschool for four- and five-year-olds. I was amused to read that Rudison claims to have "opposed creation of the Film Office." Is there a public record of that? Only one member of the Iowa House and two members of the Iowa Senate voted against creating the film tax credit. Rudison was a pastor in Fort Dodge at the time.

In an overview of this race at Iowa Independent, Jason Hancock noted that Rudison "has focused his campaign on issues like education and the state budget, pointing to the Forrest Avenue Library's decision to close on Fridays and Saturdays due to budget cuts [...]." Although Rudison hasn't said much about gay marriage, the Iowa Family PAC (which is connected to the Iowa Family Policy Center) is supporting his campaign. Activists on the religious right have reason to support Rudison because no Republican has a prayer of winning House district 66. In addition, the only House Democrat who has consistently voted with Republicans on marriage issues (Dolores Mertz) is retiring. House Republicans would love to have Rudison join the Democratic caucus so they can continue to claim bipartisan support for their efforts to bring a constitutional amendment on marriage to a vote.

Ed Fallon represented House district 66 for 14 years and knows the area well. I share his assessment that Ako "should win this [primary] easily, but he's not taking anything for granted, which is smart." Ako has strong roots in the community, and he won a seat on the Des Moines School Board before running for the state legislature. He's been making lots of voter contacts and has the endorsement of AFSCME. One Iowa's political action committee, the Fairness Fund, has an organizer working in the district too. However, Rudison has been campaigning actively, and I don't doubt there are many voters upset about budget cuts affecting their families, schools and local library. If you or any of your Democratic friends live in this district, please do what you can to get out the vote for Ako on Tuesday.

Mismanagement of Iowa’s state film tax credit program has led to more personnel changes at the Iowa Department of Economic Development this week. On Monday three longtime employees of the department were dismissed: general counsel Melanie Johnson, Jeff Rossate, and Amy Johnson. The Des Moines Register reported,

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

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

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

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

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

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

Meanwhile, the Des Moines Register reports today,

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

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

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

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

The Iowa Legislature has been moving at an unusually fast pace during the shortened 2010 session. It's time to catch up on what's happened at the statehouse over the past three weeks. From here on out I will try to post a legislative roundup at the end of every week.

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

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

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

Republicans have complained for years about Democrats allegedly spending too much on “big government,” but a majority of Iowans think state government is about the right size, according to the latest poll by Selzer and Co. for the Des Moines Register. The poll surveyed 805 Iowa adults between January 31 and February 3 and has a margin of error of plus or minus 3.5 percent. Respondents were asked, “In general, do you think the size of state government is too big, about right, or too small?” 52 percent said “about right” and only 39 percent said “too small.”

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

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

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

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

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

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

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

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

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

The latest Iowa poll by Selzer and Co. for the Des Moines Register finds Governor Chet Culver's approval rating at a new low of 36 percent. Only 34 percent of respondents said Iowa is headed in the right direction, while 57 percent said the state is on the wrong track. The poll was in the field from January 31 to February 3 and surveyed 805 Iowa adults, with a margin of error of plus or minus 3.5 percent.

Culver's approval rating fell to 36 percent, with 53 percent disapproving. The Des Moines Register's Iowa poll from September had Culver in positive territory, with 50 percent approval and 39 percent disapproval. The Des Moines Register's November poll had Culver with 40 percent approval and 49 percent disapproval.

The Des Moines Register noted that since September, Culver's approval among Democrats has fallen from 72 percent to 57 percent, while Senator Tom Harkin's approval among Democrats was measured at 77 percent in both polls.

The economic recession is probably a major factor in Culver's slide. Although the state's eight leading economic indicators were measured in positive territory in December 2009 (for the first time since April 2007), employment remains weak. Iowa's seasonally adjusted unemployment rate was 6.6 percent in December 2009, and Iowa Workforce Development found,

Compared to last December, the Iowa economy has lost 40,100 jobs. Manufacturing still leads all sectors in terms of losses, down 19,900 over the year. Trade and transportation and construction followed with losses of 7,900 and 7,700, respectively. Education and health services remained the most resilient sector, adding 2,600 jobs since December 2008.

The slow economy has caused state revenues to fall below projections, which prompted Culver to make a 10 percent across-the-board cut in current-year spending in October. Spending cuts are rarely popular with anyone.

Side note: I wondered last fall whether the scandal surrounding Iowa's film tax credit, which broke in September, would hurt Culver. I was surprised to see that 61 percent of respondents in the Des Moines Register's poll think the film tax credit is "good for the state." The poll question didn't mention how much the film tax credit has cost compared to the economic impact. I agree with economist Dave Swenson, who thinks the program was flawed from the start.

The latest Register survey also polled Culver against the four Republican challengers. (This portion of the poll, like the approval numbers, is in the print version of the Sunday Des Moines Register but hasn't appeared on the website yet. I will update this post with a link when that becomes available. UPDATE: Here is the link.) The hypothetical matchups come from a subset of 531 "likely voters," producing a slightly higher margin of error: plus or minus 4.3 percent.

Former Governor Terry Branstad remains the strongest challenger, beating Culver 53 percent to 33 percent. Bob Vander Plaats leads Culver 43 percent to 40 percent. Strangely, Culver trailed Branstad and Vander Plaats by slightly larger margins in the Register's November poll, even though his approval rating was a little higher then. Culver barely beats the other Republicans, who are less well known. He leads State Representative Chris Rants 41 percent to 37 percent and State Representative Rod Roberts 41 percent to 36 percent.

Needless to say, it's never a good sign when an incumbent governor is below 40 percent approval and barely breaks 40 percent against any challenger. Culver needs to make up ground this year in order to be re-elected. The right direction/wrong track numbers show that voters under 35 were more likely than the overall population to think things are going in the right direction, but most of the electorate in November will be over 35.

Culver has chances to improve his standing this year. If the state's leading economic indicators continue a positive trend, the job market may improve. Also, spending on infrastructure projects supported by the I-JOBS state bonding initiative will pick up in the spring and summer. So far nearly $600 million in I-JOBS money has been awarded, but only $20.7 million has been spent. As the projects take shape, more Iowans will be employed and more people will see the benefits to their communities.

On the political side, Branstad hasn't received much scrutiny from the media yet, but when the gubernatorial campaign heats up, his accountability problem may become more apparent. A hard-fought Republican primary will exacerbate the rift between moderates and conservatives. Some conservatives have already vowed not to support Branstad if he is the GOP nominee. More focus on the inconsistencies between candidate Branstad and Governor Branstad may help Culver's standing with Democrats and independents.

Share any relevant thoughts in this thread.

UPDATE: The Des Moines Register's Kathie Obradovich says Culver may as well start shopping his resume around, but John Deeth argues that Culver is not dead yet.

SECOND UPDATE: The latest poll commissioned by The Iowa Republican blog and the Republican Concordia group found Branstad leading Culver 57 percent to 29 percent and Vander Plaats leading Culver 43 percent to 39 percent. I don't know much about the firm that conducted that poll, and I would put more stock in Selzer's numbers for the Des Moines Register.

THIRD UPDATE: The Iowa Democratic Party's statement on this poll is a bit odd. More on that after the jump.

To depressed Democrats out there, I offer six silver linings of a Branstad candidacy.

FINAL UPDATE: This poll prompted Swing State Project to change its rating of this race from tossup to lean Republican.

The Iowa Attorney General’s Office filed the first criminal charges in connection with the film tax credit scandal today.

Tom Wheeler, who stepped down in September as manager of the office, faces a charge of non-felonious misconduct in office. Wheeler, 41, is accused of failing to verify the eligibility of applicants for the state’s film tax credit program.

Also charged is Wendy Weiner Runge, who was executive producer of a 2008 film, “The Scientist.” Runge is charged with first degree theft and is accused of taking property belonging to the state of Iowa by unlawfully reporting inflated values on applications for tax credits.

UPDATE: A later version of the Des Moines Register story noted that charges have also been filed against “Matthias Alexander Saunders, another business owner and photography director; and three limited liability corporations tied to the movie [“The Scientist”].”

The Attorney General’s Office press statement is here, and on that page you can download documents related to the charges filed. Governor Chet Culver fired Wheeler shortly after the scandal broke last September. Iowa Department of Economic Development Director Mike Tramontina and deputy director Vincent Lintz both resigned.

It sounds as if Wheeler’s attorney will be Gordon Fischer, a name familiar to many Iowa Democrats. WHO-TV journalist Dave Price posted a statement from Fischer at the Price of Politics blog. Excerpt:

We are disappointed with the Attorney General’s decision to file criminal charges under the facts and circumstances of the situation as we know them. The state has decided to pursue a novel theory of criminal liability and it is our position that their decision is a mistake that is not supported by the facts or the law. However, because they have chosen this path, Tom’s focus must now necessarily shift from trying to help the state develop a functional, and economically beneficial, tax incentive program to defending against the criminal charges. Because of this shift in focus, we will need time to review the state’s charging documents before anyone can make specific comments about the facts underlying the Attorney General’s allegations.

UPDATE: The Des Moines Register published more comments from Wheeler’s advocate:

Gordon Fischer, whom Wheeler hired shortly after a multi-agency investigation began in September, said the state was making Wheeler the fall guy for poor oversight of a program overrun with applications.

“It’s really, really disappointing that they made the decision to try to criminalize this,” Fischer said. Wheeler, he said, “continually raised to his supervisors that the workload was very heavy (inside the firm office), and he was doing the best he could with limited resources.”

The Iowa legislature is likely to eliminate the state film tax credit this session. Last week Iowa State University economist Dave Swenson wrote a good column at InsiderIowa.com about why this program was flawed from the start:

An ad hoc cabal of arts boosters, state and local economic developers, impressionable legislators, and an uncritical me-too response to other states’ attempts in this extremely iffy arena led to what was proudly billed as half-price film making in Iowa.  That is, incredibly, 50 percent of qualifying in-state film-making expenditures could be claimed as state income tax credits.  And even if you didn’t generate enough economic activity to use the credits, you could sell them on the secondary market to some other Iowa company that wanted to lower their state taxes.

It was a fiasco on three fronts. First, the grant of a fully-refundable credit on 50 percent of costs was fiscally unsustainable, legislatively irresponsible, and set the stage for the documented abuses that occurred. Second, Iowa does not have the population, talent, geography, climate, visual amenities, and the whole array of agglomerations that would support a meaningful and sustainable year-round film industry. It never will. And third, the creative economy, as in arts and entertainment, will not be a leading driver of the Iowa economy because they all had it backwards:  arts and entertainment clusters of the kind described by Mr. [Richard] Florida [author of The Rise of the Creative Class] are a result of other economic growth not the cause.

Iowa does not have a Hollywood, Nashville, Taos, Santa Fe, Austin, Memphis, or even Branson to build from.  Iowa is farms, biotechnology research and development, manufacturing, finance and insurance, health care, and universities.  Those are Iowa’s key industries, and the creative content of many of those industries is quite high.  They are full of biologists, agronomists, actuaries, mathematicians, chemists, engineers, computer scientists, and other physical, medical, and social scientists.  That is Iowa’s creative economy, and that is the portion of the state that will drive most job growth and innovation in the next decade.  It has art and cultural centers, but no art and cultural centers that are driving regional or statewide growth in other industries.

The film tax credit will end up costing Iowa taxpayers tens of millions of dollars. It’s a costly reminder that consensus ideas aren’t always good ideas.