A new state law denying sex education funding to Planned Parenthood will likely be found unconstitutional, a Polk County District Court has determined.

Judge Joseph Seidlin issued a temporary injunction to block new statutory restrictions on Planned Parenthood of the Heartland’s access to government sex education grants. His order, enclosed in full below, found Planned Parenthood would suffer “irreparable harm” if the law took effect. State agencies are due to announce fiscal year 2020 recipients for the Community Adolescent Pregnancy Prevention and Services Program (CAPP) and the Personal Responsibility Education Program (PREP) on May 31.

In addition, the court’s order stated Planned Parenthood was “likely to succeed on the merits of its equal protection claim” under the Iowa Constitution, since the law contains an exemption for a “nonprofit health care delivery system” that provides abortions in some locations.

Bleeding Heartland continues to catch up on the legislature’s significant actions during the session that ended on April 27. Previous posts related to the work of the Iowa House or Senate can be found here.

Republicans showed little interest in amending the Iowa Constitution during the 2019 session. Only one amendment passed both chambers. If and when that proposal appears on a statewide ballot, it will spark a costly and divisive campaign about gun rights and regulations.

The Senate and House debate over the pro-gun amendment is the focus of the first half of this post. Arguments raised on both sides will surely return in future television commercials and mass mailings.

The rest of the post reviews this year’s unsuccessful attempts to change the constitution. One amendment (backed by Governor Kim Reynolds) made it through the Iowa House, and four others advanced from a House or Senate committee but did not come up for a floor vote. The rest did not get through a committee, even though some of the same ideas went further last year.

Carl Olsen analyzes the big news the governor tried to bury in a pre-holiday weekend news dump. He has been a leading advocate for medical cannabis in Iowa for many years and closely follows legislative happenings related to the issue. -promoted by Laura Belin

Governor Kim Reynolds vetoed House File 732 on May 24. The bill passed by overwhelming bipartisan majorities in both legislative chambers: 96 to 3 in the Iowa House and 40 to 7 in the Iowa Senate. The full text of the governor’s veto letter is enclosed at the end of this post.

This is a tough issue for me to write about. I totally agree with the governor’s logic. At the same time, I am disappointed with the outcome.

Governor Kim Reynolds issued her first item veto of the year this week, rejecting part of a budget bill that sought to limit Attorney General Tom Miller’s authority to sign on to multi-state lawsuits. However, she did so only after Miller agreed not to join any such litigation without her permission, ensuring that he “will not be suing the Trump administration” anymore. In addition, the governor’s veto letter praised the “Legislature’s leadership on this issue.”

While not the worst-case scenario, the resolution of this conflict could invite more Republican bills encroaching on the authority of statewide elected Democrats. The governor and her staff could then pressure those officials to cede some of their power in exchange for a veto.

Iowa lawmakers adjourned for the year on April 27. Bleeding Heartland continues to catch up on some of the legislature’s significant work. Previous reporting related to the 2019 legislative session can be found here.

Republicans have enacted new voting restrictions in some two dozen states this decade. Iowa became part of that trend in 2017 with a law requiring voter ID, shortening the early voting period, and imposing new absentee ballot rules that are on hold pending litigation.

The march toward voter suppression appeared set to continue, with Governor Kim Reynolds winning a four-year term and the GOP retaining control over the Iowa House and Senate last November. Senate State Government Committee chair Roby Smith introduced a horror show election bill days before the legislature’s first “funnel” deadline in March. His Republican colleagues in the upper chamber later approved a bill with most of Smith’s bad-faith proposals.

But in a plot twist, House Republicans agreed to remove all the provisions that would make it harder to vote when House File 692 came back to the lower chamber. The final version, which Reynolds signed on May 16, contained largely technical code revisions and big improvements to the process for tracking and counting absentee ballots.

Follow me after the jump for a short history of a voter suppression tragedy averted.

What a difference a few years makes.

Democrats did not field a candidate against State Senator Brad Zaun in 2008 or 2012. The party provided no financial assistance to Senate district 20 nominee Miyoko Hikiji in 2016. That year, the Senate Majority Fund spent almost nothing on offense, as six-figure sums went toward trying to save Democratic-held seats around the state. Zaun won a fourth term by more than a 7,000 vote margin.

With central Iowa’s suburban voters trending toward Democrats, Zaun has emerged as one of the most vulnerable Senate Republicans for the 2020 cycle. As of May 15, he has a top-tier challenger: Johnston City Council member Rhonda Martin.

A Linn County attorney and eight Iowa House Democrats are challenging the new law that altered the composition of the State Judicial Nominating Commission and the term of the Iowa Supreme Court chief justice.

Republican lawmakers approved the changes as an amendment to the “standings” budget bill on the final day of the 2019 legislative session. Governor Kim Reynolds signed the bill on May 8, giving herself and future governors nearly unchecked power to choose judges for Iowa’s Supreme Court and Court of Appeals.

The plaintiffs are not claiming the legislature lacked the power to change the commission’s membership through a statute. Although most of Iowa’s judicial selection system is spelled out in the state constitution, which takes years to amend, a loophole in Article V, Section 16 specified the manner of forming judicial nominating commissions only “Until July 4, 1973, and thereafter unless otherwise provided by law.”

Rather, the lawsuit filed in Polk County District Court on May 14 cites two constitutional violations related to the process by which the law passed and one violation related to the separation of powers.

A group that popped up this year to support MidAmerican Energy’s solar bill spent $1.25 million on television commercials alone, as well as at least $11,000 on Facebook advertising and an undisclosed sum on direct mail.

The REAL Coalition conceals its donors and board members but appears to be funded primarily by utility companies and the industry’s trade association.

Republicans slipped a couple of nasty surprises into the health and human services budget on the penultimate day of the Iowa legislature’s 2019 session. One of the new provisions in House File 766 would amend the Iowa Civil Rights Act to deprive transgender and intersex Iowans of access to surgery through Medicaid or other public health insurance programs.

Governor Kim Reynolds should strike this language because denying health care to people in need is reprehensible.

If she lacks the empathy to comprehend why punching down on a marginalized group is wrong, the governor should use her item veto power for a pragmatic reason: the Iowa Supreme Court is unlikely to let this discriminatory act stand.

On the first day of the Iowa legislature’s 2019 session, Secretary of State Paul Pate formally notified lawmakers that a “procedural oversight” by his office had wiped away progress toward adopting two constitutional amendments.

On the session’s final day, lawmakers took steps to ensure that neither Pate nor any future secretary of state can repeat the error.

The Iowa Department of Human Services will not audit a practice that could be inflating costs for Medicaid prescription drug payments by millions of dollars a year.

State Representative John Forbes raised concerns after finding discrepancies on bills for some prescriptions his Urbandale pharmacy filled for patients served by Amerigroup, one of Iowa’s Medicaid managed-care providers. Earlier this month, House members unanimously approved Forbes’ amendment to the health and human services budget, instructing DHS to “audit all prescription drug benefit claims managed by a pharmacy benefit manager under the Medicaid program.”

However, House and Senate Republicans dropped that section from the final version of House File 766.

State Senator Mark Costello, who floor managed the health and human services budget in the upper chamber, claimed Iowa’s Medicaid director Michael Randol and an Amerigroup representative had told him the audit was unnecessary.

UPDATE: The governor signed this bill on May 8.

In the closing hours of the legislature’s 2019 session, Iowa House Republicans introduced a new plan to change the system used to choose our state’s judges.

While not as far-reaching as the initial proposal, the legislation would still give Governor Kim Reynolds substantially more control over judicial selection.

UPDATE: The House did not take up this bill before adjourning for the year on April 27. It will be eligible for debate during the 2020 session.

Iowa Senate Republicans voted on April 25 to combine and approve two bills designed to reduce unemployment benefits. The legislation had been stalled for weeks.

Two months after a U.S. District Court struck down Iowa’s 2012 “ag gag” law, state lawmakers rushed to pass a new statute protecting agricultural facilities from damaging publicity.

Less than six weeks after Governor Kim Reynolds signed that law into effect, the same plaintiffs were back in federal court, arguing that the statute violates the First Amendment.

Carl Olsen has been a leading advocate for medical cannabis in Iowa for many years and closely follows legislative happenings related to the issue. -promoted by Laura Belin

In a highly unusual move, the Iowa Department of Public Health (IDPH) announced on the afternoon of April 12 that the Medical Cannabidiol Advisory Board had rescheduled its planned meeting. Instead of convening for two and a half hours on May 3, the board would meet for one hour on April 16.

Members called the shorter, rushed meeting in order to discuss recommendations on the tetrahydracannabinol or THC cap and purchase limits in a bill the Iowa House approved last month.

UPDATE: This bill did not advance, but Republicans put comparable language into the “standings” budget bill, Senate File 638 (see Division IX on pages 16 and 17). Governor Kim Reynolds can and should item veto this section.

Energy-efficiency programs that benefit low-income Iowans would be cut under a bill Republicans advanced today from an Iowa Senate subcommittee.

Senate Study Bill 1256 would compound the harm done by Senate File 2311, which Republicans enacted in 2018 over objections from many stakeholders. Whereas last year’s bill reduced utility companies’ required spending on energy efficiency programs with a 25-year track record, the new bill would limit allowable spending on such programs.

As state lawmakers wrap up their work for 2019, one of the biggest question marks surrounds MidAmerican Energy’s push to make future solar development unaffordable for most Iowa homeowners and small businesses.

Four weeks after the bill cleared the Iowa Senate, it is still hung up in the House, where a group of Republicans recently took an unusual step to signal their opposition.

Republican attacks on working Iowans have received less attention this year than in 2017, when new laws shredded public employee collective bargaining rights, blocked local governments from raising the minimum wage, and reduced workers’ compensation benefits, especially for those who hurt their shoulder on the job.

But below the radar, GOP lawmakers have moved several bills lately that would make life harder for working people, including some facing the difficult circumstances of unemployment or workplace injury.

Carl Olsen reports on the latest legislative maneuvering around Iowa’s medical cannabis program. -promoted by Laura Belin

Key lawmakers said for months the 3 percent tetrahydrocannabinol (THC) cap would never be lifted unless Iowa’s Medical Cannabidiol Advisory Board recommended doing so. Nevertheless, the Iowa House mysteriously decided to lift the 3 percent cap on THC shortly before the first legislative funnel deadline on March 8.

Only three months in, 2019 is already the most significant year for transgender equality in Iowa since 2007, when state lawmakers and Governor Chet Culver added sexual orientation and gender identity to the list of protected classes in the Iowa Civil Rights Act. That 1965 law hadn’t been significantly amended in decades.

The crucial Iowa House and Senate votes on the civil rights law happened during the first year since the 1960s that Democrats controlled both legislative chambers and the governor’s office. Support for LGBTQ equality is often taken for granted now in Democratic circles, but the issue was seen as more politically volatile twelve years ago. The bill amending the civil rights act came late in the 2007 legislative session and could not have passed without some Republican votes.

Two years ago, State Senator Jake Chapman’s Republican colleagues slapped down his efforts to force a Senate vote on language declaring that life begins at conception, with every fertilized egg “accorded the same rights and protections guaranteed to all persons.”

This week, Republicans helped Chapman accomplish what he failed to do then: sneak “personhood” language into a bill during Senate floor debate.

Matt Chapman closely follows Iowa legislative happenings, including bills affecting Iowans on public assistance. -promoted by Laura Belin

Iowa Senate Republicans on March 19 approved new work requirements for tens of thousands of Iowans on Medicaid or receiving food assistance. Senate File 538 would instruct the Iowa Department of Human Services to request a federal waiver for the Iowa Health and Wellness Plan, our state’s version of Medicaid expansion. Approximately 170,000 adults receive Medicaid through that plan, and roughly 61,000 of them also receive Supplemental Assistance Nutrition Program (SNAP) benefits.

If the waiver were approved, Medicaid recipients would face new reporting obligations for “community engagement.” If not part of an exempted group, they could lose coverage due to paperwork errors, even if they were working the requisite number of hours per week. Nonpartisan analysis estimated this bill would cost the state budget nearly $5 million the first year after the waiver and nearly $12 million each subsequent year.

During floor debate (beginning at 11:53:20 of this video), Republicans characterized the bill as a way to hold Iowans accountable. Democrats offered two amendments that would have extended that accountability to large employers and the for-profit insurers known as managed-care organizations (MCOs), which oversee Iowa’s privatized Medicaid.

Matt Chapman has closely followed this year’s legislative proposals affecting Iowans on public assistance. He previously reported on a separate bill with a $40 million price tag. -promoted by Laura Belin

A Republican bill seeking to impose new work requirements on some 170,000 Medicaid recipients in Iowa would cost the state budget nearly $5 million more the first year and an additional $12 million every year thereafter, according to analysis by the nonpartisan Legislative Services Agency. Any savings to the state would be “minimal.”

Iowa legislators just can’t quit violating the constitution in the service of livestock farmers and their lobby groups.

Two months after a federal judge comprehensively dismantled Iowa’s 2012 law prohibiting “agricultural production facility fraud,” the state House and Senate approved a bill creating the crime of “agricultural production facility trespass.” Governor Kim Reynolds has indicated she will sign the legislation. (UPDATE: She signed it on March 14.)

Although the drafters modeled the new bill after portions of an Idaho statute that survived a legal challenge, federal courts could and should strike down this law. Like the previous “ag gag” legislation, its primary purpose is to suppress speech reflecting certain viewpoints.

Two bills on sports betting, House File 648 and Senate File 366, made it through the legislature’s first “funnel.” John Morrissey wonders, “What assurance do any of us have that the colleges and universities can police themselves in light of today’s revelations?” -promoted by Laura Belin

The Associated Press is reporting today that 50 people, including several television celebrities, have been charged in connection with a scheme to get their children accepted to college athletic teams after offering bribes to college coaches and other collegiate insiders.

While not directly on point, this is very concerning in light of the state legislature’s apparent desire to legalize sports betting in Iowa casinos, not to mention the extremely arrogant position taken by Prairie Meadows to construct a facility before the enabling legislation was even introduced.

Matt Chapman has closely followed this year’s legislative proposals targeting Iowans on public assistance. -promoted by Laura Belin

A bill requiring more frequent reviews of Iowans’ eligibility for public assistance programs would cost the state an additional $40 million during the first two years alone, according to analysis by the nonpartisan Legislative Services Agency. The federal government would be on the hook for an additional $35 million during the same period.

Carl Olsen is a longtime advocate for expanding access to medical cannabis in Iowa. He maintains the Iowans for Medical Marijuana website and argued for the amendment discussed here. -promoted by Laura Belin

Have you heard legislators saying they are authorizing federal criminal activity here in Iowa? It’s true.

A bill that would provide state “education savings grants” to families of some children attending private schools lacks the support to move forward in either the Iowa House or Senate, state Senate President Charles Schneider told constituents at a March 9 legislative forum.

MidAmerican Energy’s effort to crush small-scale solar generation made it through the Iowa legislature’s first “funnel” and will be eligible for floor debate in both chambers. The House Commerce Committee on March 4 approved House Study Bill 185 (now renamed House File 669) without amendment on a party-line 12 to 10 vote. The Senate Commerce Committee amended the companion Senate Study Bill 1201 before advancing it on March 7.

The bill will likely pass the upper chamber, where Republicans have a 32 to 17 majority. Although Republicans outnumber Democrats by 54 to 46 in the House, and MidAmerican’s political action committee donated to dozens of incumbents’ campaigns last year, getting the solar bill through the lower chamber will be no easy task. A utility-backed bill to undercut energy efficiency programs was one of the heaviest lifts during the 2018 session. Only after several concessions did supporters cobble together 52 Republican votes in the House. The GOP held 59 seats at that time.

More than three dozen corporations, industry groups, or advocacy organizations have lobbyists registered for or against MidAmerican’s solar bill. While it’s not unusual for a high-profile bill to draw that kind of attention, the two camps seeking to persuade legislators on this issue reflect alliances rarely seen at the statehouse.

The Iowa House Judiciary Committee unanimously voted on March 6 to advance a state constitutional amendment on automatic restoration of voting rights after an offender has completed a felony sentence. The action indicates one of Governor Kim Reynolds’ priorities for the 2019 legislative session should clear the lower chamber with little resistance.

The controversial 2018 election result in Iowa House district 55 has inspired two legislative proposals related to late-arriving absentee ballots. The House State Government Committee on March 5 advanced a bill designed to enfranchise more Iowans who voted by mail, with uniform rules for all 99 counties.

The leader of the Iowa Senate State Government Committee would move in the opposite direction, excluding all ballots that arrive after election day, even if envelope markings could prove voters mailed them on time. That approach appears to be a non-starter for House Republicans.

A new dark money group is threatening clean energy progress in Iowa. Mark Langgin digs into the social media advertising campaign that emerged a few days ago. -promoted by Laura Belin

Looks like the utilities and electric cooperatives are up to no good. A new “dark money” organization just launched ads on Facebook.

The “REAL” Coalition began advertising on Facebook on March 1, arguing for legislation that would undermine net metering. The REAL Coalition is doing this under the guise of promoting renewable and clean energy.

State Senator Claire Celsi sounds the alarm about the latest attempt to divert public school funding to private schools and homeschooling families. -promoted by Laura Belin

Every year, like clockwork, a dangerous and ruinous private school voucher bill comes up in the House or Senate. In 2018, the bill made it to a House subcommittee, but was never brought to the full committee because it didn’t have the votes. State Representative Walt Rogers, who brought the bill forward last year, was not re-elected.

This year, the Iowa Senate is emboldened to pass this legislation, Senate File 372. Monday, March 4 will be the big test of whether Republicans are serious about moving it forward. The meeting will be held in the Iowa Senate in room 22 at 2:00 p.m. Public comment is not allowed at this meeting, but people are encouraged to attend. Show up early and be prepared to stand for up to an hour. Wear your “Red for Ed” apparel.

This week the U.S. House approved the most significant regulations on gun sales to pass the lower chamber of Congress in 25 years.

Meanwhile, Republicans in the Iowa legislature advanced a constitutional amendment that could invalidate nearly every state-level restriction on firearms ownership or sales.

State Senator Claire Celsi sounds the alarm about a horrible bill that would benefit school administrators but would be very bad for Iowa children. -promoted by Laura Belin

The 2019 legislative session started off with a whimper as Republicans approved inadequate public education funding once again. Governor Kim Reynolds’ 2.3 percent budget request for K-12 funding was meet with an even less impressive proposal in the House and Senate – 2.06 percent. The House and Senate Democrats and Iowa State Education Association all suggested 3.0 percent and were voted down in short order.

Let me be clear: 2.06 percent is below the rate of inflation and not adequate. The result will be more layoffs, program cuts and more desperation to make ends meet in school districts all over the state.

Democratic delegates in Iowa Senate district 30 have nominated Cedar Falls school board member Eric Giddens for the March 19 special election to replace State Senator Jeff Danielson.

Former State Representative Walt Rogers made it official this morning:

I’m excited to enter the race for Iowa Senate District 30. I want Black Hawk County and the University of Northern Iowa to have a stronger voice in Des Moines. I will be a strong advocate for them in the majority party!

— Walt Rogers (@waltrogersforIA) February 22, 2019

September Lau and Kimberly Graham make the case against a Republican effort to pack Iowa courts with conservatives. -promoted by Laura Belin

Ever since the 2009 Iowa Supreme Court decision legalizing same-sex marriage, conservative groups and legislators have attempted to reign in what they describe as an “activist” court. Never mind that that opinion, Varnum v. Brien, was a deliberate and thoughtful walk through equal protection analysis. Conservatives simply didn’t like the decision because it wasn’t the result they wanted.

Matt Chapman has attended Iowa House and Senate subcommittee meetings nearly every day. These bills were among the most significant he has tracked lately. -promoted by Laura Belin

Over the past week, Iowa Senate subcommittees considered five bills drafted to address fraud in Iowa public assistance programs. Each bill would direct revenue generated by Iowa taxpayers to private vendors, who are charged with finding fraudulent claims. If investigation supports the claims of fraud, those funds could be recovered, and criminal charges filed.

Across the country, Republicans have tried to win elections by limiting opportunities for Democratic-leaning constituencies to vote. Governor Kim Reynolds stuck to the playbook yesterday when she scheduled the special election in Iowa Senate district 30 for March 19, the only Tuesday during the University of Northern Iowa’s spring break.