5 unresolved issues for Iowa lawmakers

DES MOINES - Should Iowans be allowed to wager on fantasy sports? Should ailing Iowans have better access to a medicinal byproduct of the marijuana plant? How should the state pay for programs designed to clean Iowa's polluted waters?

These are some of the biggest questions still unanswered as time winds down on state lawmakers' work in the 2016 legislative session.

Any day now, perhaps as early as this week, state lawmakers will complete their work at the Iowa Capitol and head home for the year, unlikely to return to Des Moines as a body until next January.

Legislators are up to their ears in crafting the state budget, but still unresolved are some policy issues that have been the focus of extensive debate this year, including this handful of items:

Water quality funding

The issue: Iowa's rivers and streams are high in pollutants that are feeding into the Mississippi River and ultimately the Gulf of Mexico, creating there a dead zone that is destroying marine life. The federal government has directed Iowa and other contributing states to reduce those pollutants.

The state, in partnership with Iowa State University scientists, has developed a nutrient reduction strategy that is projected to cost between $1.2 billion and $4 billion, depending on the programs implemented, plus annual costs ranging from $77 million to $1.2 billion.

State lawmakers are trying to find funding for programs in the strategy.

The debate: Most lawmakers and Gov. Terry Branstad agree the state needs to invest in water quality projects. But each of the many plans has detractors.

The governor proposed sharing future revenue on a state sales tax for school infrastructure projects with water quality programs, but lawmakers from both political parties balked.

House Republicans proposed using some revenue from a water metering tax and the state infrastructure fund, but Democrats have not embraced the plan, calling it a 'shell game” of moving state money from one pot into another.

A few lawmakers call for a state sales tax increase of three-eighths of 1 percent to fill an empty natural resources fund. But many legislators are hesitant to embrace a tax increase.

The likelihood: Despite so many people placing a high priority on funding water quality projects, it's entirely possible legislators will adjourn without taking even a modest step forward.

House Republicans and Republican Gov. Terry Branstad are urging Senate Democrats to act on their proposal to scoop from the metering tax and infrastructure fund, but Senate Democrats are holding firm to their opposition.

Senate Democrats have not put forth a water quality plan.

'I would say hope always springs eternal with me, but I would say we continue to have consensus elude us,” Senate Majority Leader Mike Gronstal, D-Council Bluffs, said.

Medical cannabis

The issue: A law passed in 2014 permits Iowans to obtain a physician's prescription for and possess cannabidiol, a medical byproduct of the marijuana plant, for treatment of children who suffer from epileptic seizures. But the law does not allow the production or sale of cannabidiol, forcing Iowans to obtain it from other states, many of which do not sell to non-residents. That makes Iowa's law mostly useless, according to those who would use it.

The debate: Legislators from both political parties have expressed support for the proposal to legalize the production and sale of cannabidiol in Iowa. They say an expanded program is needed to make cannabidiol more accessible to Iowans who think it would help ease their suffering.

Some lawmakers remain opposed because they do not think the state should legalize the production and sale of a medicinal product that is not approved by the federal government. Some also oppose a medical cannabis program out of fear it will lead to increased recreational marijuana use.

The Associated Press reported Friday that Iowa state legislators have been discussing with Minnesota state legislators a potential partnership in which Iowans would be able to purchase medical marijuana from Minnesota, which has a more expansive program than Iowa. But there are potential pitfalls to that plan, including the fact transporting Schedule I drugs such as cannabidiol across state lines is against federal law.

The likelihood: Time is running out, but multiple sources who have been pushing a bill in the House insisted late last week that they think it still could get done this year. House leadership, on the other hand, remained non-committal.

'I don't know how that's going to go,” House Speaker Linda Upmeyer, R-Clear Lake, said. 'As I've said all year, there are people with interest in that, and there have been discussions. So, we'll see how it goes.”

Fantasy sports wagering

The issue: Wagering on fantasy sports is illegal in Iowa, and the online daily fantasy sports industry has exploded in the past two years. About 57 million people played daily fantasy sports in 2015, according to the Fantasy Sports Trade Association, and the industry surpassed $2 billion in entry fees last year and could surpass $14 billion by 2020, according to the gaming research company Eilers Research.

That explosion has sparked a debate over whether Iowa should legalize wagering on fantasy sports.

The debate: Supporters of the bill say Iowans should be free to decide whether they spend their money on fantasy sports wagering. They say there is great demand, noting the number of people playing across the country. Some also say people will find a way to play fantasy sports, so it would be better to legalize and regulate the industry.

Opponents mostly do not want to legalize online gambling in Iowa, citing all the potential pitfalls that come with gambling, especially gambling addiction.

The likelihood: Proposals to legalize fantasy sports in Iowa are all but dead, especially after Branstad last week hesitated to express support for the idea, saying he thinks the issue needs further study.

Branstad's comments 'pretty much says, ‘veto bait,'” said Sen. Bill Dotzler, D-Waterloo, who worked on the Senate's proposal to legalize fantasy sports wagering. 'I don't think this late in the session legislators want to waste time working on something that the end result's going to be it's not going anywhere.”

Medicaid oversight

The issue: The state moved management of its $5 billion Medicaid program to three private health care companies on April 1, claiming the transition would save money and give patients access to better services.

The debate: Many lawmakers, mostly Democrats, think the move creates the need for additional layers of oversight. They say enrollees and their families are concerned services will be reduced as for-profit companies attempt to manage costs.

Other lawmakers, mostly Republicans, think some additional oversight is needed but not as much as prescribed by Senate Democrats.

The likelihood: Both parties have put Medicaid oversight language in their health care budget bills, so it seems likely something will be done. The question is how much, and the answer will come when leaders from the two parties sit down to negotiate the final health care budget.

The House plan mostly calls for data and outcome reporting. The Senate plan adds oversight duties to the Legislative Health Policy Oversight Committee and adds three positions to the Long-Term Care Ombudsman's office, among other additional provisions.

Fireworks

The issue: Iowa is among seven states that either ban all fireworks or, as does Iowa, allow only novelty items such as sparklers, according to the American Pyrotechnics Association.

The debate: Some lawmakers think Iowa should fall in line with 43 other states and legalize some home fireworks. Opponents say legalizing fireworks is unsafe and will add stress to emergency responders.

The likelihood: It's up in the air.

The House approved a bill in 2015, so it's up to the Senate. Democratic leaders late last week gave murky responses when asked if the fireworks bill will advance in the Senate.

'It's still available. There are still people that would like to see it, there are people that would not like to see it. It remains to be seen at this point,” said Sen. Joe Bolkcom, D-Iowa City, who chairs the tax-writing committee through which the bill must pass.

'I have members that want it and members that don't want it, and I'm trying to assess whether it's going to come to the committee at this point,” he said.