Summary of 2009 Legislative Session

I plan on writing some about the 2009 Legislative Session, but haven't had time.

Here's a great summary of the session that I found at Covering Iowa Politics.

BUDGET/BONDING: Lawmakers approved a fiscal 2010 general fund budget of $5.78 billion but added $500 million of federal stimulus help for total spending of $6.258 billion beginning July 1. That compared with a revised $6.11 billion for the current year and Gov. Chet Culver’s fiscal 2010 recommendation of $6.46 billion. Majority Democrats also approved Culver’s multi-year infrastructure bonding plan of $715 million and $115 million mostly for University of Iowa flood recovery. The bonds are funded from several sources, most notably about $50 million in annual gambling profits for 20 years. The proceeds are expected to finance hundreds of infrastructure projects and create at least 22,000 jobs.

DISASTER RECOVERY: Lawmakers tackled disaster recovery from many angles, offering tax abatement for property owners who improve damaged properties, authorizing the sale of bonds to finance infrastructure improvements and policy changes to requires cities to participate in programs to lower homeowners’ cost for flood insurance. Included in the relief was $45 million in bonds targeted to Cedar Rapids, the $56 million Jumpstart program to help homeowners and businesses and funding for the Rebuild Iowa Office to coordinate recovery efforts.

TAX POLICY: Despite bipartisan effort to raise the state gas tax, the effort was abandoned after Gov. Culver, who had expressed reservations, finally said he would veto it. Near the end of the session, majority Democrats rolled out a plan to lower taxes for nearly 60 percent of income taxpayers while holding another 14 percent harmless. The plan encountered vigorous opposition because it ended federal deductibility, a provision that allows Iowans to deduct what they pay in federal taxes from their state tax liability. Lawmakers did decide to cap business tax credits at $185 million a year and require more accountability for refund incentives. They also raised court fees by $16.7 million.

CONSUMER PROTECTION: Lawmakers expanded health care coverage for children with a goal of having virtually all kids covered by the end of 2010. They also expanded the ability of consumers to seek damages by bringing a private cause of action against fraudulent businesses. Iowa currently is the only state without that provision. They also beefed up efforts to prevent dependent adult abuse and strengthen the state’s response when allegations of potential mistreatment arise – action triggered by the Atalissa bunkhouse situation.

LABOR: Lawmakers gave state labor officials and county attorney more tools to prosecute employers who fail to pay employees or violate child labor law. Maximum civil penalties of $10,000 can be levied per child labor violation and child labor criminal penalties were increase from simple misdemeanors to serious misdemeanors. Also, civil penalties were increased from $100 to $500 per pay period for failing to pay an employee’s wages. The time span for collecting jobless benefits was doubled for Iowans laid off due to the economic downturn.

PUBLIC SAFETY: Lawmakers overhauled the state’s sex offender laws, scaling back a law that bans some offenders from living within 2,000 feet of a school or daycare. The bill establishes exclusionary zones around schools and other public areas where sex offenders are prohibited from visiting. Lawmakers also voted to create a statewide electronic database to track sales of pseudoephedrine, an ingredient found in cold medicine that is used to make illegal methamphetamine.

EDUCATION: Majority Democrats protected the commitment to raise teacher pay to the national average by using a share of $386 million in federal stimulus money to fully fund a 4 percent allowable growth for K-12 schools and provide nearly $280 million for salary compensation. Money prospects were less rosy for other educational sectors that face spending cuts due to budget constraints. A couple of perennial issues lawmakers have argued over will be around for a fresh debate next year. The lawmakers again could not agree to increase the compulsory school attendance age from 16 to 17. Neither did they agree to change the start date for schools to prohibit schools from beginning classes before the fourth Monday in August.

AGRICULTURE: Efforts to ban so-called “puppy mills” appeared to have failed until funding for an additional state department of agriculture inspector was included in the catch-all $2.7 billion standings bill. Opponents said the bill would unfairly restrict reputable dog-breeding operations. Lawmakers also moved to restrict the application of liquid manure on snow-covered fields and frozen ground to keep it out of waterways. They also made changes to the grain indemnity fund to address volatility in the ethanol production market.

ENVIRONMENT: Gov. Chet Culver’s bonding plan passed by lawmakers includes $25 million for watershed, water quality and soil conservation projects, as well as flood rebuilding and prevention. Another $55 million would go to sewer infrastructure needs, in an effort to improve Iowa’s water quality. Lawmakers also approved incentives for small wind energy projects and for producers of wind energy components that locate and expand in Iowa.

ECONOMIC DEVELOPMENT: Lawmakers cut spending for the state’s top economic development program, the Iowa Values Fund, by $5 million next fiscal year to $45 million. The bonding plan would spend $12 million for the Community Attraction and Tourism program and other $10 million for river enhancement projects.

UNFINISHED BUSINESS: Procedural hurdles and top Democratic leaders kept lawmakers from considering a constitutional amendment defining marriage as only between one man and one woman. The issue is guaranteed to resurface in the 2010 election-year session given that an Iowa Supreme Court ruling legalizing gay marriage becomes effective next week. Several labor-backed changes that stalled this year are likely to resurface next year as well. Bicyclists likely will push a Senate-passed safety measure that stalled in the House. Likewise for a biodiesel mandate, expanded mental health insurance coverage and vehicle emission standards. Efforts to raise the state gas tax may rekindle next session but more likely in 2011.

Manure Spill Shows Hazards of Factory Farms

From Iowa CCI...

Des Moines, Iowa, April 4, 2009 - Yet another manure spill has reached our waterways at the hands of factory farm operator Lawrence Handlos, when last night, approximately 2,000 gallons of manure spilled into Indian Creek after a line ruptured while emptying the manure pits. Members of Iowa Citizens for Community Improvement (CCI) are outraged by this irresponsible behavior and contamination of Iowa's waters.

While the Department of Natural Resources (DNR) has congratulated the factory farm crew for pumping most of the manure back out of the creek - requiring them to land-apply approximately 500,000 gallons of contaminated water - they failed to recognize that this is not the first time Lawrence Handlos has had a manure spill.

In fact, Handlos was previously ordered to pay a fine of $50,000 by the Attorney General's office after spilling over 7,000 gallons of manure into the East Branch of the West Nishnabotna, failing to submit manure management plans for his site, at one point applying over 700,000 gallons of manure at once, and failing to obtain construction permits after expanding his factory farm facilities.

"Handlos has degraded our environment repeatedly in the past and this is just one more example," said CCI organizer Sonia Skidmore. "Factory farms pose a risk to our water quality, because even small mistakes or equipment failure can result in thousands of gallons of manure pollution. This is why factory farms should be required to obtain National Pollutant Discharge Elimination System (NPDES) water discharge permits - especially those that have already had multiple manure spills, such as Lawrence Handlos."

This is another example of why there needs to be local control of hog confinements in Iowa. However, leaders at the Statehouse refuse to debate the bill. To top it off, a bill is moving through the legislature that would allow polluters like Handlos to apply manure on frozen ground that would then run off into Iowa's streams and rivers when the ground freezes.

Now is the time for Iowa to make a commitment to cleaning up our rivers and streams. A diary posted at Bleeding Heartland earlier this week told about Iowa having 42 out of the 150 waterways that create the Gulf of Mexico's 'Dead Zone'.

The USGS identified "the top 150 polluting watersheds in the Mississippi River Basin that cause the annual 8,000 square-mile 'Dead Zone' in the Gulf of Mexico" and found that 42 of those watersheds are in Iowa.

Cleaning up our waterways would be an boost to Iowa's economy. By increasing recreational opportunities and protecting Iowa's natural resources, more young Iowa's would be attracted to stay in the state. Iowa has invested in a great bike trail system throughout the state. Now it is time to clean up our waterways.

Applying Manure on Frozen Ground?

It seems like common sense not to put manure on frozen ground that will run into our rivers and streams when the ground thaws, however a bill that would allow just that is moving through the statehouse.

From Iowa Citizens for Community Improvement (CCI)...

We need you to stand up for clean water NOW!

Our legislators caved in to corporate big-moneyed pressure today with the passage of SF 432 through the Senate with a vote of 43-6. This bad, last-minute regulation of manure application on frozen ground undercuts the DNR's authority and is a slap in the face to thousands of everyday Iowans who are fighting for clean water.

We need to stand together for our water quality and the health of all Iowans!

Take URGENT action NOW:

1. Join with us for a critical press conference and lobby day at the State Capitol Monday, March 30 at 10:45 am. We need you there to have a strong presence to show our legislators that Iowans are appalled by this decision and blatant disregard for our quality of life.

Following the press conference, we will lobby our legislators and deliver letters to key leaders to make sure our message is heard loud and clear. We should wrap up the day by 3 pm. Please reply to this email and let us know if you can be there.

2. Contact key leaders at the Statehouse. We need you to tell Governor Culver, House leadership Majority Leader Kevin McCarthy and Speaker Pat Murphy and your House representative to tell them to stop kowtowing to corporate ag special interests and stand up for our water quality and the common good. Call on them to protect everyday Iowans and to stand in opposition to SF 432. Follow this link to send them an email, or you can give them a call.

Gov. Culver: 515-281-5211
Rep. McCarthy: 515-281-3054
Rep. Murphy: 515-281-5566
House switchboard: 515-281-3221

Thicke Considering Run for Sec. of Agriculture

Desmoinesdem broke the news yesterday at Bleeding Heartland that Francis Thicke, an organic dairy farmer near Fairfield, is planning to run for Secretary of Agriculture.

Thicke would be an outstanding asset to Iowa as Secretary of Agriculture. A working farmer and expert on many agricultural policy issues, he currently serves on Iowa's USDA State Technical Committee and has an impressive list of publications. In the past he has served on the Iowa Environmental Protection Commission, the Iowa Food Policy Council, and the Iowa Organic Standards Board. [...]

If Thicke runs for Secretary of Agriculture, his campaign is likely to become a focal point for environmentalists who aren't satisfied with our current Democratic leadership in Iowa.

Thicke released this statement yesterday with more information...

March 20, 2009

THICKE FORMS EXPLORATORY COMMITTEE FOR IOWA SECRETARY OF AGRICULTURE

Francis Thicke (Tic-kee) announced today that he has formed an exploratory committee to advise him on the possibility of running for Iowa Secretary of Agriculture in the 2010 election. Thicke and his wife, Susan, are owners and operators of an organic, grass-based dairy farm near Fairfield . They process their milk on the farm and market it locally through grocery stores and restaurants.

Citing estimates that more than 80% of the $8 billion worth of food consumed in Iowa comes from out of state, Thicke said "Growing more of our food in Iowa represents a multi-billion dollar economic development opportunity." This potential economic activity could "create thousands of new jobs and help revitalize rural communities in Iowa, as well as provide Iowans with fresh, nutritious food," said Thicke.

The ethanol industry has been struggling to survive in today's changing economic climate. "Iowa's investment in ethanol production has brought economic development to agriculture, and we need to protect that investment," said Thicke. "However, it is time to reassess, and consider how future investments in renewable energy can be better targeted to profit farmers, and better protect our natural resource base."

Thicke has a Ph.D. in agronomy/soil fertility and has previously served at the U.S. Department of Agriculture in Washington, D.C. as National Program Leader for Soil Science for the USDA-Extension Service. Thicke frequently speaks at conferences and workshops in Iowa, across the Midwest, and nationally on a wide range of topics, including local food systems and economic development, ecologically sound animal production systems, organic farming practices, and soil management for sustainable farming.

Thicke has served on the Iowa Environmental Protection Commission and the Iowa Food Policy Council at the appointment of Governor Vilsack, and on the Iowa Organic Standards Board at the appointment of Governor Branstad. He currently serves on Iowa's USDA State Technical Committee.

"I am looking forward to engaging people across the state in a dialogue on opportunities to make Iowa agriculture more prosperous and sustainable," Thicke said.

My first thought was that Thicke is qualified to hold this position and lead on key issues such as renewable energy, locally grown foods, and local control of hog confinements. Next, I thought this means Denise O'Brien, who narrowly lost in 2006, won't be running. O'Brien and Thicke have similar backgrounds and why beat each other up in a primary when they both care about the same issues.

Century of the Common Iowan Turns 3 Years Old

I glanced at the clock and saw there was just 5 minutes till midnight. I had forgotten that Monday marked the 3rd birthday for Century of the Common Iowan and I only had 5 minutes to put up a post to sum up those 3 years. Yeah right.

Well here's what I got written in an hour...

As I look back, it is interesting how the focus of the blog has evolved over those years. In the blogs first year I wrote a lot about issues such as the rising cost of college tuition and Iowa's Brain Drain, immigration, and the need for a trade policy that protects American jobs. Year two was all about the Iowa caucuses. The following year I was able to sit back and watch the primaries play out and lead up to the general election. With the 2008 elections behind us, I have been able to write more about policies and topics such as the emergence of Millennials, social media, education, and the need to invest in a creative economy.

3 years, 2,226 posts, and over 132,000 visitors later and here we are in the best of times, in the worst of times. Our current economic and political situation find us in a situation where remarkable change can take place (and if it doesn't, it's because we didn't make them do it) . It is time for big ideas. In the coming year I hope to focus on the big ideas that desmoinesdem laid out that I wrote about last month.

• Clean elections
• Promoting clean energy solutions
• Local control of hog confinements
• Passenger rail
  
• Rural broadband.

These are not new issues. Many I have written about since I started this blog, but now is the time to stop talking about these issues and start seeing real action. On the campaign trail, Barack Obama told the story that one voice can change a room, one room can change a city, one city can change a nation. It is my hope that over the past 3 years, I have been able to change 1 person's viewpoint on these key issues and encouraged 1 person to take action on these key issues.

I'd like to end by repeating what Rekha Basu wrote about activism that I posted about earlier today..

Still, it takes courage to be an activist. It requires putting yourself out there in public, daring to take the unpopular position and getting hostile feedback... But those who understand history know well the role activism has played in winning rights and making a more just, humane and accessible America.

Join in. Post comments. Attend your local Democratic central committee meeting. Call your State Legislators. Get active in a community group or city board. Start your own blog. Heck, run for local office.

It's time to make a ruckus. Let's go!

Why won’t Iowa legislators support local control?

From I'm for Iowa...

This year, the Iowa Republican Party Platform added the following plank: “We support local control of agricultural zoning practices.”

For many years, the Iowa Democratic Party Platform has contained this plank: “We support local control for CAFO siting, maintenance and operations.”

President-elect Obama has it in his agenda. “Regulate CAFOs: Strictly regulate pollution from large factory livestock farms, with fines for those that violate tough standards. Support meaningful local control.”

And according to a 2007 poll by The Des Moines Register, sixty-four percent of Iowans agree with local control.

So…..Republicans say they want it. Democrats say they want it, including President-elect Obama. The majority of Iowans say they want it.

Why won’t Iowa legislators support local control?

That's a good question that you should be asking your State Senator and State Representitive.

DNR Denies Permit for Hog Confinement in Davis County

I wrote back in September that the winds are changing on the issue of hog confinements after the DNR denied permits to 2 confinements in Dallas County.

Last week, the DNR denied a permit to a hog confinement in Davis County.

From Iowa CCI...

On October 24th, the Department of Natural Resources (DNR) denied a 4,960-head hog factory proposal in NW Davis County near Drakesville because, according to the DNR, the permit applications did not meet the minimum legal requirements in the Iowa code. One of the main reasons the DNR denied this proposed hog factory was that it would have been built within the minimum separation distance of 1,875 feet from a neighbor’s residence.

In September, as a result of nearly unanimous public opposition, the Davis County Board of Supervisors recommended that DNR deny this hog factory proposal. The supervisors also challenged the applicant’s master matrix score, the scoring system that large factory farms must pass in order to be allowed to build…

Members of Iowa Citizens for Community Improvement (CCI) and other local residents opposed the proposed hog factory for a number of reasons. They challenged the permit application based on the potential for water pollution to nearby wells and water sources and the likelihood of the underground manure storage pit developing cracks and leaking into underground water sources. In addition, several nearby neighbors raised serious health concerns, concerns for loss of property value, decreased quality of life and the damage the factory farm truck traffic would do to the rural roads.

The Board of Supervisors in both Dallas and Davis counties voted against the hog confinements before the permits were sent to the DNR. Unfortunately, the current laws prevent local Board of Supervisors from having any authority on large hog confinements locating in their counties.

Local control would have worked in both cases, yet the current only adds another layer of bureaucracy and limits the voices of local residents.

Proposed Hog Confinements in Dallas County Show Need for Local Control

Usually considered a rural issue, two proposed hog confinements Dallas County are making urban lawmakers pay more attention.

The proposed hog confinements would have a total of 7,440 hogs in rural Dallas County, which is the fastest growing county in the state. These confinements will proposed as much waste as a town of 25,000 people and it will go untreated.

Earlier this month, Dallas County Supervisors voted against allowing these proposed hog confinements, but in reality there isn't much the local people can do about the hog confinements that will be owned by the out of state company, Cargill.

Dallas is among 70 counties that have adopted a system of requirements used by state regulators to determine whether construction of an animal confinement is allowed, which means the Board of Supervisors and dozens of residents who live near the proposed buildings provide input but have little say over what happens in their backyards.

The so-called "master matrix," created in 2003, awards points based on how a confinement will affect the air, water and community. Both proposed Dallas County confinements garnered enough points for approval, which county officials must submit to the state by Monday.

Residents say the grading system creates an illusion of local control. "In reality, the county has very little control over this," said Jim Thompson, who lives near one of the proposed sites west of Perry.

Applications to build animal confinements are submitted to the county, where officials score the matrix. If an applicant gets the needed points, the Iowa Department of Natural Resources approves the application. If the county issues a failing grade, the state rescores the matrix and can overrule the decision.

In the past some state legislators from more urban districts stayed away from this issue, saying that it was a rural issue. However, these proposed hog confinements demonstrate that hog confinements are moving into more urban areas and can be put up anywhere without little control from local citizens.

Hopefully, this will force urban lawmakers in the Iowa legislature to start pushing for the need for local control.