Iowa Politics Today: Modifying ‘Suck it up, buttercup’ bill

A roundup of legislative and Capitol news items of interest for Wednesday, March 1, 2017:

SENATE ACTION:

The Iowa Senate voted 38-11-1 Wednesday to lift longstanding outboard motor size restrictions on Lake Macbride near Solon. Iowa law forbids outboard motors of 10 or more horsepower on the lake from Memorial Day to Labor Day. There also is a year-round no-wake law. The proposal would allow the operation of motorboats with power units exceeding 10 horsepower at any time on Macbride if the boats are operated at no-wake speed.

Sen Bob Dvorsky, D-Coralville, objected to removing the 1957 rule that 'has worked really well over these years,” but Sen. Tim Kapucian, R-Keystone, said the change would have little effect given that 'no wake is no wake.” Senate File 259 now goes to the House for consideration. Senators also voted 50-0 to lift a $6,000 cap on tuition grants to students attending private colleges before shipping Senate File 349 to the House. The Senate also sent two House-passed bills dealing with state purchases from prison industries and the prescribing of biological products to Gov. Terry Branstad on separate 50-0 votes.

STATE REVENUES REBOUND:

State tax collections in February came in 7 percent above the same month a year ago, which translated to an increase of $41.3 million, according to the Legislative Services Agency. LSA tax analyst Jeff Robinson said February 'looks really good,” but there were calendar and timing issues at play as well as lower state tax refunds that have bolstered year-to-date growth compared to the first eight months of fiscal 2016. Receipts for the fiscal year are up 1.9 percent, or $88.3 million, but that lags below the yearly growth estimate of 4.7 percent set by the state Revenue Estimating Conference, which meets later this month to consider whether to revise it fiscal 2017 growth projections. That decision could impact state budgeting as lawmakers close out fiscal 2017 and set their sights on crafting spending plans for fiscal years 2018 and 2019 before they adjourn this year's session.

ABORTION BAN:

Two members of a House Human Resources subcommittee signed off on a bill Wednesday that would ban abortions after the 20th week of pregnancy. The bill is similar to one approved in a Senate subcommittee earlier this week. The subcommittee heard from representative s of abortion rights organizations and prolife groups as well as Amanda Acton, who described her decision to abort a 21-week-old fetus after doctors said it was unlikely to survive after birth. Rep. Kevin Koester, R-Ankeny, signed off on the bill, saying it went to the question whether abortion should 'exist at all or at this late term when many babies, fetus are viable.” Rep. Beth Wessel-Kroeschell, D-Ames, called it 'a necessary medical procedure that needs to happen for some families.” 'It's simply a decision that we cannot make. I am not a physician. And we are talking about things that we don't have enough knowledge on,” she said. Rep. Shannon Lundgren, R-Peosta, joined Koester in signing off on the bill. Full committees in both the House and Senate are slated to take up the abortion restriction on Thursday.

SCHOOL FUNDING FORMULA FIX ADVANCES:

Legislation that would make significant changes to the way the state funds public education in general, and schools' transportation costs, was given unanimous approval by a Senate committee. The approval means the proposal meets Friday's legislative deadline and remains eligible for consideration. It is now eligible for debate by the full Senate. The bill would over 10 years phase in increases for school districts that have outsized transportation costs, and equalize the amount districts are permitted to spend per pupil. While the proposal was approved by all committee members, Democratic Sen. Herman Quirmbach, of Ames, expressed concern that the price tag --- an estimated $15 to $20 million in the first year, and increasing annually thereafter --- could in future years create competition for state budget dollars and mean less general school funding for all districts. The legislation aims to solve a pair of issues brought to state lawmakers' attention in recent years. Rural school districts say they are forced to use a higher percent of their general fund budget on transportation, leaving less money for educational purposes. And some districts --- most visibly Davenport --- have expressed frustration that they are permitted to spend less per student than some other districts.

HAND-HELD DEVICE BAN:

Iowa motorists would not be allowed to use hand-held electronic devices while operating a vehicle under legislation that cleared the House Transportation Committee Wednesday. Panel members voted 20-1 to approve House Study Bill 139 after it amended the bill to exempt hands-free built-in or voice-activated global positioning systems and allow for hand-held cell phone use for emergency calls. Representatives also agreed to a one-year warning period for violations before officers would start issuing $30 tickets for the offense beginning July 1, 2018. The bill also elevates the offense of texting while driving to a primary rather than a secondary offense. Rep. Gary Worthan, R-Storm Lake, said Iowa would become the 16th state with a ban on hand-held devices while driving if the bill makes it to Gov. Terry Branstad's desk for his expected signature.

PLA PROHIBITION:

The Senate Labor and Business Relations Committee voted 7-4 along party lines Wednesday to approve legislation prohibiting union project labor agreements from being mandated on taxpayer-funded construction projects. Sen. Dennis Guth, R-Klemme, said provisions of Senate Study Bill 1145 will increase competition and reduce costs if government entities have options other than PLAs that favor union workers. Backers said nearly 85 percent of Iowa workers are not union members but are excluded from projects employing project labor agreements that effectively shrink the pool of potential bidders by discouraging an open/merit shop company from bidding. Sen. Tony Bisignano, D-Des Moines, said the bill was another example of lawmakers intruding into a local control issue for cities, counties and school districts. 'We say we know what's better for you than you do,” he said, adding that many times PLA projects come in on time and on budget by utilizing workers trained by state-funded apprenticeships.

CHELGREN RESUME DUST-UP:

Ottumwa Republican Sen. Mark Chelgren is rejecting allegations that he inflated his resume and was surprised it caused an inquiry from NBC News - who took issue with a reference to an online bio that was later deleted. Apparently, Chelgren's background listed a 'business degree” from a 'management school” that turned out to be a certificate he received from Forbco Management school as part of his past employment as an assistant manager with a Sizzler restaurant as a young adult growing up in California. From there, Chelgren earned an associates degree in science at Riverside Community College in studied astrophysics and geophysics at University of California in Riverside. The bio references to Forbco later were deleted unbeknownst to Chelgren, who told reporters Wednesday he would have them restored and considered the issue much ado about nothing. 'I think it's kind of trivial so I kind of laugh at it,” he said. 'I'm kind of perplexed about what the concern or the consternation is.” As a young adult in California, Chelgren said he got a job at a Sizzler restaurant and worked for the chain for two years. 'I had to work for six months at the Forbco Management school, taking classes during the day, working in the evening, for me to get my degree in order to advance in their company,” he said. 'All I can tell you is that NBC called me, asking about the Republicans' website because they had some questions about my education,” Chelgren said. 'I told them directly that the information that I had given to everyone was accurate.”

MARIJUANA POSSESSION:

Members of the Senate Judiciary Committee voted 12-1 Wednesday to reduce the penalty for Iowans convicted on a first offense of possessing marijuana. Senate File 280 would change current Iowa law so possession of five grams or less of marijuana would be a simple misdemeanor punishable by no more than 30 days in jail and/or by a fine of at least $65 but not more than $625. Currently, first-offense possession of marijuana is a serious misdemeanor punishable by confinement for not more than six months and/or a fine of not more than $1,000. The bill does not modify the penalties for second or subsequent possession of marijuana.

TIMBER BUYERS CITED:

Two timber buying companies - one from Illinois and one from Iowa - must reform their business practices in Iowa under a court-approved agreement with Iowa Attorney General Tom Miller following complaints from elderly rural property owners. Under the agreement as part of a consent judgment and injunction approved in Polk County District Court, the timber buyers are barred from using 'abusive and deceptive” conduct in harvesting Iowa trees. Miller alleges the timber buying operations cheated and mistreated rural Iowa landowners. The agreement resolves a consumer fraud investigation against Central Illinois Hardwood Inc., of Green Valley, Ill., and Harvest Hardwood Inc., of Oskaloosa, Iowa, according to Miller's office. The consent judgment also names David Nash of Green Valley, owner of both companies; Richard Nash of Ramsey of Illinois; and Matt Groenendyk of Lovilia, Iowa, doing business as Buck Creek Timber and Veneer. 'We alleged that the defendants repeatedly took advantage of elderly rural property owners by underpaying for valuable walnut trees and other hardwoods, taking more trees than they were authorized to harvest, and leaving properties damaged and scarred,” Miller said. 'This agreement will reform how these timber buyers do business, and put an end to abusive and deceptive practices.”

IMPAIRED DRIVING CRACKDOWN:

Drivers arrested or convicted of driving impaired would be required to participate in twice-daily sobriety monitoring under legislation unanimously approved Wednesday by the Senate Judiciary Committee. Senate Study Bill 1101 also would require some drivers to install ignition interlocks in their vehicles as part of a sobriety monitoring program modeled after 24/7 initiatives in South Dakota and four other states. The recommendations came from a task force Gov. Terry Branstad formed to make recommendations on ways to keep drunk, drugged and distracted drivers off Iowa highways following a year when traffic deaths spiked to 403 – the most since 2008. SSB 1101 also would provide that cellphone use while driving would be considered evidence of reckless driving 'with willful or wanton disregard” for public safety. A driver who struck and killed someone would commit a Class C felony punishable by up to 10 years in prison and a fine of no more than $10,000.

MODIFIED ‘SUCK IT UP, BUTTERCUP' BILL:

Protesters who intentionally block an interstate highway to slow traffic and create a potentially dangerous situation would face significantly stiffer penalties under a bill approved 13-3 by the Senate State Government Committee on Wednesday. Sen. Jake Chapman, R-Adel, said everybody supports 1st Amendment free speech rights but he noted that 'minutes count” if obstructing a highway creates emergency situations. 'This is real, it's a matter of time before someone gets hurts” as the trend grows for more protest actions that jeopardize public safety. Senate Study Bill 1135 would make the action - like a post-2016 election protest on Interstate 80 near Iowa City - a serious misdemeanor on first offense which would escalate to an aggravated misdemeanor and a Class D felony carrying a five-year prison term and $7,500 fine on subsequent violations. 'It's already illegal. What we're talking about is stiffening the penalties,” said Chapman, who noted the current violation is a simple misdemeanor carrying a $35 fine.

QUOTE OF THE DAY: 'I think this is an overreach and it's politically motivated.”

– Sen. Tony Bisignano, D-Des Moines, who opposed a bill toughening penalties for protesters who block an interstate highway like the post-2016 election protest on Interstate 80 near Iowa City.