May 23, 2012

Top leaders won’t rule out bringing lawmakers back in “special” session

The top two leaders in the Iowa legislature aren’t shutting the door on the idea of reconvening the legislature if a deal can be reached on property tax reform. However, House Speaker Kraig Paulsen, a Republican from Hiawatha, and Senate Democratic Leader Mike Gronstal of Council Bluffs did joke about it with reporters this afternoon.

“We finished session 48 hours ago,” Paulsen said, with a laugh, and Gronstal added: “Yeah, it’s a little early to talk about a special session.”

But about 16 hours after the leglslature adjourned on Wednesday evening, Republican Governor Terry Branstad indicated he would be willing to call legislators back for a “special session” if Senate Democrats agree to pass a bill that’s nearly identical to what House Republicans crafted. Gronstal’s willing to continue negotiations.

“We are completely open to working with the governor,” Gronstal said this afternoon. “And I’m happy to meet with the governor.”

Paulsen said there is a “gap” between the two parties, but he’s not going to declare an end to negotiations either.

“We’re a ‘glass half full people,’” Paulsen said. “…This is something that’d be good for Iowans and good for Iowa’s economy and we’ll cotinue to see if we can bridge that gap.”

However, Gronstal said it appears to him Governor Branstad has already moved on.

“From my perspective, the governor started the campaign three or four days before the end of the session,” Gronstal said. ” As I was in offices with his people, talking about what we might do on property taxes, he was on the campaign trail criticizing everything the Senate had talked about, so I think…in the end he decided he’d prefer the issue over actually getting something accomplished.”

Paulsen said it’s “very clear” the two sides struggled to reach an agreement.

“There were three big issues that we walked into: education reform, mental health reform, property tax reform. I think probably, arguably, the most important to all of us — at least for Republicans — was reforming the property tax system and providing some relief there,” Paulsen says. “We didn’t quite get over that threshold. We’re still going to keep working on that. I don’t know quite what that means, but we did get some substantive education reform done, some substantive mental health reform — still more to do in both those areas.”

The two legislative leaders made their comments during taping of a joint appearance on the “Iowa Press” program which airs tonight at 7:30 on Iowa Public Television.

Lead shot to be allowed for mourning dove hunting season (audio)

mourning dove

The governor has used his authority to veto a state agency rule so dove hunters will be able to use lead ammunition in September when the dove hunting season opens.

The governor’s Natural Resources Commission, after its chairman checked with Branstad, voted last summer to ban lead shot, as critics say the lead that doesn’t reach its target poses environmental harm to both animals and humans.

But then Branstad said he learned the Iowa House had voted against the idea of banning lead shot when the bill establishing a dove hunting season was passed in 2011.

“The law, I think, is pretty clear is that the responsibility of the Natural Resources Commission was to set the seasons, not determine what kind of shot can be used in hunting,” Branstad said this morning.

A legislative committee that reviews the regulations drafted by state agencies put a hold on the rule banning lead shot, giving the full legislature an opportunity to weigh in on the issue. The Iowa House voted to nullify the rule, but the Senate didn’t take up the issue — which means the ban on lead shot went into effect Thursday. Today Branstad used his authority to veto the rule.

“I believe it is important — not only on this issue, but on other issues — that we intend to abide by the law and not let administrative agencies exceed their authority and do something beyond what the legisalture has delegated to them,” Branstad said. “The determination of whether hunters should be forced to stop using traditional shot is something that should be decided by the legislature, not by administrative fiat.”

AUDIO of Branstad’s executive order signing ceremony, followed by Q&A with reporters.

Senator Dick Dearden, a Democrat from Des Moines, is a long-time backer of the move to allow dove hunting in Iowa,. Dearden attended the ceremony Branstad held to sign the executive order vetoing the ban on lead shot.

“I’m just happy with the result, not necessarily the process,” Dearden told reporters.

The Iowa House voted this past February to allow lead shot for dove hunting but the Senate never took up the measure. Dearden is unwilling to say whether the senate’s inaction on the issue was intentional or accidental. Dearden intends to hunt doves in Iowa this September, using lead shot.

“Absolutely,” Dearden said. “You know, if you’re walking across a field pheasant hunting and a dove comes over, you don’t have time to change shot..The lead thing is more anti-hunting. It’s a way of, ‘if we make is more and more difficult to hunter, there’s going to be less and less hunters.’”

Earlier this year the Sierra Club’s Iowa chapter filed a lawsuit to try to get a court to uphold the Natural Resources Commission’s decision to ban lead shot and require “non-toxic” steel shot for the dove hunting season. 

“Not sure you can air my thoughts,” Neilla Seaman, a spokeswoman for the group, quipped when asked by Radio Iowa for her reaction to Branstad’s decision. “I’m very disappointed that this is happening like this.”

Seaman said Branstad’s reasoning doesn’t make sense.

“You know, he said it was up to the legislature to make the decision about how to proceed with this and when he didn’t like what the legislature did — which was the Senate did nothing — now he’s issued an executive order that rescinds the ban on lead ammunition for hunting mourning doves,” Seaman said. 

Governor Branstad argues his veto of the Natural Resources Commission rule makes the Sierra Club’s lawsuit “moot.” Seaman says she’s consulting with a lawyer to determine what the Sierra Club’s next step will be.

Tax credit approved late by legislature will help Mason City ethanol plant

A $12-million tax credit for a north central Iowa ethanol plant is almost secured, thanks to provisions in one of the last bills to clear the 2012 Iowa legislature this past week. The so-called “standings” bill is a sort of “catch-all” that covers many topics.

Lawmakers included a fix for the Golden Grain Ethanol plant in Mason City in the bill. Legislators approved tax breaks for several renewable energy companies last year, but officials in the state agency that handles the money found some mistakes in the way the law was written — putting the tax credit for the Mason City ethanol plant in limbo.

Senator Merlin Bartz, a Republican from Grafton, was part of a bipartisan group of lawmakers who worked to fix the problem. “I know that the Iowa Utilities Board has their application in cue,” Bartz says, “and it is contingent on the clean-up language being signed into law by the governor.”

Senator Amanda Ragan, a Democrat from Mason City, says the tax credit will be an “incredible” boost for the plant. “It’s locally owned, so that’s one of the even more important factors in it,” she says. The Golden Grain ethanol plant in Mason City has more than 800 owners, the majority of whom are north central Iowa farmers.

Ragan says this state tax break will help the operation at a time when federal tax breaks for the ethanol industry are in doubt. Bartz agrees. “I think it will certainly help the bottom line of that particular ethanol facility because of the fact that their intent is to make that ethanol plant more efficient by somehow re-using some of the heat that’s generated,” Bartz says.

The plant began making ethanol in December of 2004. Last year about 100-million gallons of ethanol were produced at the facility.

Governor says “stay tuned” in dispute over lead shot for dove hunting

Governor Branstad may be stepping in to ensure that dove hunters can get the lead shot out when the season opens in September. 

Last year the state commission that writes hunting rules decided to ban lead shot, which means dove hunters would have to use non-toxic steel shot. But earlier this year the Iowa House voted to nullify that rule, and allow lead shot during dove hunting season. The Senate adjourned Wednesday, though, without taking up the issue. Governor Branstad has asked his legal counsel to see what his options are now.

“Stay tuned,” Branstad said this morning. “We’re researching that.”

In a conversation with reporters, Branstad would not speculate on whether he has the executive authority to override the Natural Resources Commission and allow lead ammunition for dove hunting season.

“They just adjourned last night,” Branstad said, with a laugh, “and we’re trying to figure out what didn’t get done.”

The governor will make an announcement at 8:15 Friday morning. His staff says Branstad will be “correcting a senate failure” on this issue, but they’re not sharing how that will be done.

Senator Rob Hogg, a Democrat from Cedar Rapids, supports the ban on lead shot.

“That commission made the decision that it was important to protect the health and safety of people and animals and the environment and they saw that this was a moment in time when the amount of lead in our environment might increase significantly,” Hogg said this morning. “The data shows that dove hunting involves a lot more ammunition than other forms of hunting.”

Critics say steel shot is not as accurate as lead ammunition, and dove hunting requires more precise shooting because of the size of the bird. Others argue heirloom or antique guns can be damaged by steel shot. On the other side are those who say lead shot poses an environmental hazard to both animals and humans.

Branstad willing to consider special session, if iron-clad deal is struck

Governor Terry Branstad says he’s willing to call lawmakers back to Des Moines for a “special” legislative session to pass a property tax relief package, but only if there is an iron-clad deal. Branstad says Senate Democrats would have to agree to pass a plan that’s fairly close to the bill that passed the Republican-led House earlier this week.

“I’m willing to to bring ‘em back, but I want an assurance that they have the votes to do it,” Branstad told reporters this morning. “I don’t want to call ‘em back unless we feel confident that they have the votes and they’re going to come in and do it. Otherwise we call ‘em back and it costs the taxpayers money and we wouldn’t get something done. I’ve seen that happen before, too.”

Branstad said the House bill is “basically the framework” he would accept.

“It could be tweaked a little bit, but we think it needs to be very close to that,” Branstad says.

Senate Democratic Leader Mike Gronstal suggests the main sticking point throughout the negotiations has been what the state’s role would be in dealing with the losses when commercial property taxes are reduced.

“If we’re going to reduce the amount of taxes that local governments get from commercial properties, the state ought to reimburse that,” Gronstal told reporters Wednesday.

According to Gronstal, Republicans balked at making a promise to permanently provide $140-million, each year, to local governments to make up for the reduction in commercial property taxes. Branstad said Republicans are focused on “protecting taxpayers” while Democrats are focused on “protecting local governments.”

“The Senate, well, they couldn’t even pass their own proposal, so they just seem don’t to have the committment to property tax relief that Iowans are looking for,” Branstad said. “I think that tells us we need a new, Republican majority in the senate to get this done.”

Gronstal, during an interview with reporters on Wednesday, said he had “offered up” a variety of options to the governor’s staff, but Branstad himself attended just one of the negotiating sessions with legislators.

“It seems to me they’re turned the corner and decided it’s time to play politics. I think that’s unfortunate,” Gronstal said.

According to Branstad, the “framework” for a deal was reached in mid-April, but Senate Democrats could never commit to passing it.

“If the senate decides they want to get serious about this and they come to me and tell me they have the votes to pass permanent property tax relief along the lines that we’ve been discussing, I’m willing to call ‘em back to do it,” Branstad said.

Branstad spoke with reporters this morning on the lawn of Des Moines East High School where he waiting for the start of a ceremony to open the school’s time capsule. Last night the 2012 Iowa legislative session ended just before 6:30 p.m. when the House passed its final bill. The senate had adjourned about an hour earlier.

Bill seeking to toughen law on synthetic drugs passes legislature

Package of bath salts.

One of the bills that sailed through the House and Senate in the closing days of the 2012 session seeks to halt sales of so-called “synthetic” drugs.

Senator Gene Fraise notes that last year the state banned sales of products like K-2, Salvia, and bath salts.

“And I said at that point we’d be back this year, doing some more,” Fraise says. “As long as we’ve got people wanting to use this stuff and we’ve got people smart enough to change the formulas, it’ll keep coming at us.”

The new law would expand the list of chemical substances on the “banned list” to try to make it more difficult for manufacturers to make small changes in the chemical make-up of products, to skirt the law.

So-called synthetic drugs are sold as products like incense and bath salts, with marketing that promises a “high” similar to marijuana. But serious side effects have been reported and a few users have committed suicide. Senator Fraise suggests adults need to do a better job of educating kids about the danger.

“The only way we’re ever going to get a handle on this thing is people are going to have start working overtime educating the kids and the young people,” Fraise says. “Don’t use this stuff. It’s poison. You don’t know how much of this stuff to take before it kills you.”

The bill passed the House and Senate this week without a dissenting vote. It now goes to Governor Branstad for his approval. Branstad’s wife, First Lady Chris Branstad, on Monday lent her support to a public relations campaign about the dangers of synthetic drugs.

2012 Iowa legislative session is history

The 2012 Iowa legislative session is history. The House and Senate approved the final piece of the state budget plan this afternoon, tabling a fight over abortion policy that proved too difficult to resolve. Legislators also walked away without striking a deal on property tax reform.

Senator Brad Zaun, a Republican from Urbandale, isn’t thrilled with the way the legislature operates.

“It just seems to me that it’s frustrating every year we come down here — at least the last eight years that I’ve been here — we try to cram through all this legislation in the last minute, and all these compromises that are made,” Zaun said during Senate debate this week.

Senate Democratic Leader Mike Gronstal of Council Bluffs suggests it “always takes a while” for the legislature to complete its work.

“It’s very easy for one person to make up their mind. It’s kind of a challenge for 150 people to reach consensus, especially when one chamber is controlled by one party and one chamber is controlled by the other party,” Gronstal told reporters Wednesday. “We certainly think, ‘We’re right, They’re wrong.’ They certainly think, ‘They’re right. we’re wrong.’”

House Speaker Kraig Paulsen, a Republican from Hiawatha, suggests the failure to pass a property tax deal is not the fault of House Republicans.

“All Iowans deserve to see tax relief. It helps Iowa’s economy and puts people back to work,” Paulsen says. “House Republicans will not be deterred or distracted from this goal. We will be back next year continuing our fight for the hard-working taxpayers of Iowa.”

Republican Governor Branstad was even more explicit, suggesting in a written statement that the 2012 session would be remembered as much for its failures as for its successes. Legislators passed a state budget that is about three percent larger than the current year’s. Representative Nick Wagner, a Republican from Marion, said he’s “very proud” of the budget plan.

“We’ve achieved good things,” Wagner said this week. “You know, we (Republicans) came in and one-time sources of money for on-going expense.”

Senator Tom Courtney, a Democrat from Burlington, said the two parties — in the end — were able to forge a compromise on the state budget.

“We didn’t get everything, They didn’t get everything they wanted,” Courtney said. “But I think Iowans did pretty well on this and I think everybody’s going to be pretty happy.”

But Representative Tyler Olson, a Democrat from Cedar Rapids, faulted Republicans for refusing to set the level of general state support for public schools — for the academic year that begins in the fall of 2013.

“It helps them ensure a continuity of staff and gives them, really, the certainty they need in order to make sure our kids get the best education possible,” Olson said.

Wagner countered that he and his fellow Republicans had to make up for the 10 percent across-the-board cut Democratic Governor Chet Culver ordered in 2009.

“In the last two years, the legislature has appropriated approximate $225 million more state dollars in the K-12 education,” Wagner said Tuesday. “That is one of if not the highest two-year increase in K-12 education in the history of Iowa.”

Hundreds of new laws are either in place already or soon to be as a result of the legislature’s four months of work. 

If you run a car wash, for example, you will no longer be required to calculate and charge the state sales tax on each individual component used in the process — like the water, the soap and the wax. Instead, the sales tax can just be charged on the car wash itself. Senator Rob Hogg, a Democrat from Cedar Rapids, says when you buy a sandwich, you don’t pay sales tax on the meat, the cheese, the bread and the mayo — you pay it on the entire sandwich.

“In the car wash industry, under current law, it becomes, practically for that industry, imposssible because you have to item out each expense on the bill to the customer. Well, you go in and buy a car wash, right? You don’t want a bill that itemized out the expense on each input,” Hogg says. “In my mind, this is sort of a clean-up thing.”

If you’re an Iowan who rides a snowmobile, you’ll pay a new fee to help upgrade snowmobile trails in the state. If you’re a farmer, a new law gives prosecutors another way to charge farm critics with a crime if they take pictures of your farm operation. If you live in a city that’s been hit by flooding, your community may qualify for up to $15 million in state money to help finance projects to prevent future flooding. If you’re a bartender, it’s no longer against the law to soak candy or fruit in vodka so you can use that “infused” alcohol in fancy martinis. If you buy a pre-paid cell phone or a pre-paid card for phone calls, you’ll pay a new 33-cents-per-month fee for emergency 911 service. And, if you have trouble getting a city or county official to give you a public document, a new state agency will open on July 1st to take complaints about violations of the state’s open meetings and open records law.

Dozens of proposals that were aired at the statehouse this year failed to become law, however. A bill that would have banned traffic enforcement cameras passed the Iowa House but died in the Senate. The House also passed a series of proposals that would have expanded the rights of gun owners, all of which stalled in the Senate. A group of legislators pushed for an increase in the state gas tax, but neither the House nor the Senate ever voted on the plan. Gambling interests lobbied hard for a bill that would have legalized internet poker in Iowa, but the effort failed.

And, finally, the much-discussed, debated and dissected issue of property tax reform failed to produce any results. Senate President Jack Kibbie asked for, and got, a private meeting with the governor on Wednesday afternoon to make one last try.

“I was hopin’ and disappointed that by today at sundown we can’t get a compromise,” Kibbie said this afternoon during remarks on the Senate floor. 

The Senate concluded for the year at 5:23 p.m. “The session is over!” Kibbie yelled, before senators and staff began applauding. 

Governor Branstad issued a written statement shortly after the House adjourned at 6:13 p.m.  Read it below.

In January, the lieutenant governor and I brought forward a bold agenda focused on the dual goals of job creation and transformational education reform.  I want to thank the General Assembly for considering our priorities and for adopting a significant number of them to help move our state forward. [See list below.]

Legislation passed by this General Assembly will provide our Iowa Economic Development Authority with additional tools to help meet our administration’s ambitious goal to create 200,000 new jobs.  We have made significant progress on that goal during this first year and a half and the High Quality Jobs Incentive Fund and Employee Stock Option Plan legislation will help accelerate those efforts.

I am also pleased that this General Assembly took a first important step toward our goal of transformational education reform.  While these initial steps may be considered by some as small, our new early childhood literacy initiative, in particular, will have lasting effects on the lives of thousands of Iowa children and significantly improve their chances of future academic and career success.  We also enhance teacher accountability by requiring annual reviews.

However, the 2012 session may be remembered as much for what failed to be accomplished as for what actually was accomplished.  Despite the best efforts of my office and a bipartisan majority in the Iowa House, the inability of Senate Democrats to adopt serious property tax reform has put Iowa taxpayers in jeopardy of seeing significant property tax increases in the coming year.

The Senate failed to support legislation based on the framework I believe was agreed to as a roadmap to finding a compromise between my office, the House, and the Senate.  They failed to pass a meaningful step forward in our goal to make Iowa’s tax system more competitive or assist with our critically needed job creation goals.

As a result, Iowa taxpayers face yet another year with property taxes that are scheduled to grow nearly $2 billion over the next eight years.  This is absolutely unacceptable and Iowa voters will have an opportunity to resolve this impasse in November.

Lt. Governor Reynolds and I are proud to work with all members of the Iowa General Assembly and proud to serve our citizens each and every day.   We will continue over the next seven and a half months of 2012 to travel the state, promote our ambitious agenda, and work aggressively toward the achievement of our four goals:

1. 200,000 new jobs for Iowans;
2. 25% increase in personal incomes;
3. Reduce the cost of government by 15%; and
4. Provide our children with the nation’s finest education.