# Nate Boulton



What Iowa's remarkable medical malpractice debate revealed

“Medical Malpractice Reform gets Iowa back in the game of recruiting and retaining physicians to care for Iowans!” Governor Kim Reynolds tweeted on February 16. She had just signed House File 161, a bill limiting damages in medical malpractice lawsuits.

Reynolds waited a long time for that moment. Two years running, similar proposals failed to reach her desk for lack of support in the GOP-controlled state House.

The bill signing capped one of the most dramatic debates in recent Iowa political memory.

It’s rare for more than a handful of Republican lawmakers to go on record against any bill that’s a priority for leadership. Not only did seventeen GOP lawmakers oppose passage of House File 161, six members of the majority party explained their objections during the hours-long debates in the House and Senate on February 8.

In addition to exposing divisions within Republican ranks, some remarks from the legislative proceedings may become important if the new law is challenged in court.

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Blind Iowans denounce governor's plan for state agency

Second in a series analyzing Governor Kim Reynolds’ plan to restructure state government.

Blind Iowans showed up in large numbers at the state capitol on February 13 to speak out against one part of Governor Kim Reynolds’ plan to reorganize state government.

A common thread running through the bill, numbered House Study Bill 126 and Senate Study Bill 1123, is giving the governor more power to hire and fire the few state government leadership positions that have some independence under existing law.

The relevant section would give Reynolds power to appoint the director of the Iowa Department for the Blind, a position that the Iowa Commission for the Blind has long filled. The director would serve at the pleasure of the governor, so Reynolds could fire the person at any time, for any reason.

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Iowa Senate votes to increase governor's influence over courts

Governor Kim Reynolds is one step closer to controlling a majority of votes on all of Iowa’s judicial nominating commissions, following Iowa Senate passage of Senate File 171 on February 8.

Voting 34 to 15 along party lines, the chamber approved the bill, which would give the governor an extra appointee on commissions that recommend candidates for lower court appointments, and remove district chief judges from those bodies.

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Who's who in the Iowa Senate for 2023

The Iowa Senate began its 2023 session on January 9 with 34 Republicans and sixteen Democrats, the largest majority seen in the chamber for about five decades. Five of the last seven Iowa general elections have been Republican waves.

Fourteen senators (nine Republicans, five Democrats) were just elected to the chamber for the first time in November. Seven of them (four Republicans and three Democrats) previously served in the Iowa House.

Fifteen senators are women (eight Democrats and seven Republicans), up from twelve women in the chamber prior to the 2022 election and more than double the six women senators who served prior to the 2018 election.

Democrat Izaah Knox is the second Black state senator in Iowa history. The first was Tom Mann, a Democrat elected to two terms during the 1980s. The other 49 senators are white. No Latino has ever served in the chamber, and Iowa’s only Asian-American senator was Swati Dandekar, who resigned in 2011.

Democrat Janice Weiner became the first Jewish person to serve in the Iowa Senate since Ralph Rosenberg left the legislature after 1994. Democrat Liz Bennett became the first out LGBTQ state senator since Matt McCoy retired in 2018.

I enclose below details on the majority and minority leadership teams, along with all chairs, vice chairs, and members of standing Iowa Senate committees. Where relevant, I’ve mentioned changes since last year’s legislative session. The Senate has added a new Technology Committee and renamed what used to be “Labor and Business Relations” as the Workforce Committee.

Some non-political trivia: the 50 Iowa senators include two Taylors, a Democrat and a Republican. As for first names, there are three Jeffs and two men each named Mark, Mike, and Dan.

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Exclusive: Labor relations board shifts staff, cases to other agency. Is it legal?

Iowa’s Public Employment Relations Board (PERB) is transferring most of its staff and caseload to the state Department of Inspections and Appeals.

Since the mid-1970s, PERB members and administrative law judges have adjudicated labor disputes within state and local government or school districts. Following the changes, administrative law judges now working for PERB will handle other matters, while other employees at Inspections and Appeals will hear cases that were previously in PERB’s jurisdiction.

State officials have not announced the changes, which are scheduled to take effect on September 30. It’s not clear who initiated or authorized the plan. Staff in the governor’s office and Department of Inspections and Appeals did not respond to any of Bleeding Heartland’s inquiries over the past three weeks. PERB members Erik Helland and Cheryl Arnold likewise did not reply to several emails.

State Senator Nate Boulton, a Democrat with extensive experience as a labor attorney, has asked Attorney General Tom Miller for an official opinion on whether “it is an illegal shift of an essential PERB duty” to assign its responsibilities “to an unrelated state agency.”

Boulton also asked Miller to weigh in on the legality of Governor Kim Reynolds’ recent appointments to PERB. As Bleeding Heartland previously reported, Reynolds has circumvented the Senate confirmation process by keeping one of the three PERB positions unfilled, so she can name her preferred candidates to a vacant slot while the legislature is not in session.

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Governor still playing musical chairs with employment board

For a second straight year, Governor Kim Reynolds has reappointed Erik Helland to Iowa’s Public Employment Relations Board (PERB) after Helland failed to win Iowa Senate confirmation. In an apparent effort to circumvent the legally required confirmation process, Reynolds appointed Helland to a different position on the three-member board, which adjudicates labor disputes within state and local government or school districts.

She used the same maneuver last summer to name Helland as PERB chair after the Iowa Senate did not confirm him during the 2021 legislative session.

The governor has not filled the now-vacant position of PERB chair, saying in a recent letter to the top Iowa Senate staffer that her administration “has initiated, but has not yet completed, the selection process.” That leaves the board with no quorum; Reynolds has kept one position unfilled since August 2020.

The long-running vacancy allows the governor’s preferred nominees to remain on the board, even if they don’t receive a two-thirds confirmation vote in the state Senate. Asked for comment on Helland’s reappointment, the Democratic senators who reviewed the PERB nominees accused the governor of “a partisan power grab” and “rigging the appointment process so she can get her way.”

Reynolds’ spokesperson Alex Murphy did not respond to eight inquiries about the PERB appointments between late May and July 28.

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