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.

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.

Tax credit would be boosted for investors under proposal that’s back in play

Bill Dotzler

A proposal to boost a state tax credit for businesses that participate in a state-run investment pool for start-up companies has been resurrected.

Senator Bill Dotzler says last year legislators voted to create the Iowa Innovation Fund and grant a tax credit for investors.

“We really didn’t have any takers for that because of it being a new fund and no fund history and being at 20 percent, it just wasn’t working,” Dotzler says.

This afternoon, the Senate Ways and Means Committee approved a bill that increases the tax credit to 50 percent and makes it transferable. The bill requires disclosure of that transfer to state officials. Dotzler says that will hopefully prevent a repeat of the state film tax credit fiasco.

“We were very careful in looking at the problems that we experienced in the past to make sure that we had the accountability in this,” Dotzler says.

The bill must next be considered by the full Senate. Earlier this year the House endorsed the idea of increasing the tax credit — all the way up to 100 percent, but did not require any public disclosure of the transaction.

The 2012 legislative session could be in its final hours — but lawmakers have been struggling to reach final agreements on some politically-complicated issues. Dotzler offers this observation:

“It’s the good-bye tour that never ends,” Dotzler says.

Governor Branstad met privately this afternoon with legislative leaders, but there’s no word on whether a property tax reform deal has been resurrected.

“Optimism” for property tax reform fading

The defeat of a property tax relief plan in the Iowa Senate last night could be the end of the effort to craft a compromise on the issue.

House Speaker Kraig Paulsen of Hiawatha has been the lead Republican negotiator. “What I must say is as we’re coming here in the final hours, my optimism is not as high as it has been,” Paulsen told reporters.

Lawmakers are hoping to complete the work of the 2012 legislative session soon, perhaps later today, and Senate Democratic Leader Mike Gronstal of Council Bluffs is offering a blunt assessment of the prospects for property tax relief.

“It is hard to tell at this point,” Gronstal told reporters.

Gronstal said he has offered “several other ideas” to Republicans in an effort to resurrect the issue.

“I’m open to considering some other approaches, but I’m basically getting stonewalled back from them,” Gronstal said.

Senator Randy Feenstra, a Republican from Hull, suggested the plans Senate Democrats have offered won’t provide “meaningful” tax relief.

“Who are we fooling?” Feenstra said. “Our businesses see through this.”

Another reform effort focused on redesigning the way mental health services are provided to poor Iowans hit a stumbling block late yesterday. Counties have been paying to provide mental health care to indigent patients, but legislators want to have the state take over the system, and set up regional hubs for the services to ensure equal access to urban and rural residents. The final details on that plan apparently have been hammered out by a 10-member committee of legislators today.

Another group of 10 lawmakers has been trying to reach an agreement on the budget for the departments of health and human services, but the panel cannot resolve a dispute over abortion policy.

Democrats’ property tax plan defeated in Iowa Senate

The prospect of property tax reform in Iowa dimmed tonight as a two Democrats joined with 21 Republicans in the Senate to defeat a plan that was advanced by leading Democrats.

The two major political parties have been quarreling about the proper approach to property tax reform for years. Tonight’s Senate debate featured a good share of partisan finger-pointing. Republican Senator Randy Feenstra of Hull suggested the Democrats’ plan wasn’t worth the paper it was printed on.

“You know we’re full of rhetoric here. We’re absolutely full of rhetoric,” Feenstra said. “We always talk this game, ‘We’re going to help business. We’re going to help get jobs,’ and yet very little ever happens.”

Senator Herman Quirmbach, a Democrat from Ames, riled Republicans by mentioned they had joined Democrats last year to support a $200 million property tax relief measure.

“But tonight when you have a chance to vote for a property tax package that is almost twice as big, a number of you — I get the feeling — are going to vote no,” Quirmbach said. “That is going to be a real interesting contrast for your voters next fall.”

The jockeying to lay the blame began a few weeks ago, when Republican Governor Terry Branstad first suggested Senate Democrats would be seen as the culprits — an assertion he repeated in Decorah earlier today. After the bill’s defeat, Senate Democratic Leader Mike Gronstal told reporters “it is hard to tell at this point” what can be done to bridge the partisan divide.

“Last year a bill that by the Republicans’ assessment wasn’t as good passed 46-4 in the senate,” Gronstal said. “How, when we moved their direction, their number of votes declined…I think that’s kind of a surprise.”

Gronstal suggested the governor’s rhetoric was “not productive.”

“Sounds like the governor’s already started the election process, from what I heard about his comments earlier today,” Gronstal said. “Alleging what I agreed to — how in the world would he know when he was never in any of the meetings?”

Gronstal told reporters it has been Branstad’s staff, not Branstad, at the negotiating table.

“I have, beyond this bill, offered several other ideas…to the governor’s staff and indicated to them I’m open to considering some other approaches, but I’m basically getting stonewalled,” Gronstal said.

Senator Brad Zaun, a Republican from Urbandale, suggested Iowans are “sick of the partisan games” being played on this issue.

“What’s really frustrating to me is this really isn’t true property tax reform,” Zaun said during last night’s debate. “We haven’t even talked about the assessor.” Zaun has a beef with the way county assessors handle property tax calculations.

Senator Rob Hogg, a Democrat from Cedar Rapids, suggested the bill would force cities to make dramatic cuts in services, like police and fire protection.

“Senate Republicans, you have the opportunity to kill a property tax bill for 2012 tonight because I’m voting no and, if you join with me, we can kill this bill,” Hogg said. “We’re doing it for apparently different reasons. You don’t think $350 million in property tax cuts is enough. I think it’s way too much.”

Other Democrats argued their approach — which employed a tax credit for property taxes a business pays — was geared toward Main Street rather than Wall Street. Republicans countered that a job is a job, regardless of who the employer might be and the tax breaks should go to all businesses, regardless of size. Senator Roby Smith, a Republican from Davenport, got emotional as he spoke of a woman he met at his local Walmart.

“I said, ‘Do you enjoy working here?’ She said, ‘Yeah,’ I said, ‘Are you glad that you have this job?’” Smith said. “…She grabbed my hand and she looked in my eyes. She said, ‘It puts food on my table and a roof over my family’s head,’ and I think that says something.”

Legislators made other decisions today that advanced several bills to the governor’s desk. Only a few components of the state budget remain undecided, but a major sticking point remains as Republicans press for restrictions that would prevent state tax dollars from going to Planned Parenthood to cover cancer screening, women’s reproductive health exams or tests for sexually-transmitted diseases. Democrats have resisted that proposal, along with another that would bar the state from covering abortions for Medicaid patients in cases of rape or incest.

It is possible and even likely that the 2012 legislature could end Wednesday, however, especially if legislators abandon the idea of passing a property tax reform plan.