Capitol Briefs 2-9-2010

A roundup of legislative and Statehouse items of interest for Tuesday, Feb. 9:

OMG: TEXTING WHILE DRIVING BANNED: Writing and sending text messages from a hand-held phone while driving would be banned under HF 2021 that was approved 20-1 by the House Transportation Committee.

Texting is the “worst of the worst” distractions, according to floor manager Rep. Dave Tjepkes, R-Gowrie.

Drivers would be allowed to make calls on their cell phones, which prompted some committee members to say the bill does not go far enough.

If HF 2021 becomes law, texting could result in a warning for the first year. Then violations would be a simple misdemeanor with a fine of $30. Penalties would increase if it was determined texting was the cause of a serious injury or death. Law enforcement officers cannot confiscate a violator's cell phone.

The lone “no” vote was by Rep. Nick Wagner, R-Marion, who said cell phone use is a “personal responsibility issue.”

MANURE APPLICATION CHANGE RAISING A STINK: A group active on environmental issues is vowing to kill legislation approved 21-0 Tuesday by the House Ag Committee.

Iowa Citizens for Community Improvement (CCI) said HF 2324 would “gut a ban on the application of factory farm manure on frozen and snow-covered ground and lead directly to more polluted water.” The bill would exempt operations built before July 1, 2009 from complying with a DNR rule to have a 100-day manure storage facility.

However, Rep. Ray Zirkelbach, D-Monticello, the bill's sponsor, said it doesn't change the law as it applies to so-called factory farms. The debate is essentially the same as it was a year ago when the Legislature approved limits on applying manure on snow- and ice-covered ground, he said. Legislators thought rules should be made by lawmakers, not unelected bureaucrats, Zirkelbach said.

CCI members who championed the “poop on ice” last year “are outraged at this blatant attempt by corporate ag industry allies to push through an amendment that would destroy the ban without any transparency or public debate,” according to Executive Director Hugh Espey. "This bill is shameful, and CCI members are going to stop it dead in its tracks.”

FISHY ISSUE: Legislation approved by the Senate Natural Resources Committee will have to be reworked on the Senate floor to make sure Iowans will still be able to use worms, minnows or other live bait for fishing. The provision was contained in Senate Study Bill 3119, a large omnibus bill that the state Department of Natural Resources is promoting to slow down animal-transmitted diseases. The legislation also includes prohibition for feeding wild animals or foul further than 50 yards from a house.

MIXED SIGNALS: The Senate Labor Committee voted 10-0 to bring amateur mixed martial arts bouts under state regulation. However, the MMA legislation drew mixed reviews, with Des Moines promoter John Halvorson saying the requirement that amateur ultimate fighters be at least 21 years old would dry up the available competitors in a state with a rich wrestling tradition. He noted that only two deaths have occurred in the MMA sport, which is more fatalities than high school lacrosse or golfing, and that young people can fight in the military at 18 but would not be able to compete in MMA. However, Franklin DeToye of Davenport wrote state officials saying as a referee at MMA bouts he witnessed fighters under the influence of drugs and alcohol and knew of one fighter who was knocked out four times in a three-week period.

WOODWARD SUPERINTENDENT LEAVING: A national search will be conducted to find a successor for Woodward Resource Center Superintendent Jim Finch. He has taken a position in Tennessee, Department of Human Services Director Charles Krogmeier said Tuesday.

 Finch, who has held leadership positions in the field of intellectual disabilities for more than 30 years, has been superintendent at Woodward for two years. He will become deputy director for the Tennessee Division of Intellectual Disabilities Services as of March 1.

Assistant Superintendent Marsha Edgington-Bott has been named acting superintendent.

FLAGS TO BE LOWERED FOR FALLEN SOLDIER: Flags on state and federal government facilities in Iowa are to be flown at half staff Friday from 8 a.m. until sunset in honor of Capt. Daniel Whitten, 28, who died while serving in Afghanistan, according to Gov. Chet Culver. Whitten is a 1999 graduate of Johnston High School and a 2004 graduate of West Point, where funeral services will be held Friday.

Whitten was killed while in combat in Zabul province, Afghanistan, when their vehicle struck an improvised explosive device Feb. 2. He was deployed to Iraq in 2005, Afghanistan in 2007 and again in August 2009.

UI'S DWIGHT PROMOTING RENEWABLE ENERGY: Former University of Iowa football star and NFL player Tim Dwight will return to Iowa Wednesday to promote two renewable energy bills moving through the Iowa Legislature. Dwight, the owner of iPower, a solar energy company based in California, will speak at a press conference at 3:30 p.m. in the Legislative Dining Room.

SOS, LEGION TEAM UP ON OVERSEAS VOTING: The Iowa Secretary of State's Office and the American Legion are teaming up to help Iowa soldiers and their families gain access to overseas voting information before their upcoming deployment.

As part of the initiative, the Secretary of State's Office will be providing informational materials about military and overseas voting to include with The American Legion of Iowa's deployment packets for over 4,000 soldiers and their families, Secretary Mike Mauro said.

Iowa was recently recognized in a national study by the nonprofit, nonpartisan Overseas Voting Foundation for having the most accommodating balloting procedures for military and overseas voters.

For more, visit: www.sos.state.ia.us.

RIVERBOAT FLEXIBILITY: Sen. Joe Seng, D-Davenport, is championing a bill that would allow a riverboat casino to move to a land-based facility in counties that have two riverboats.

Seng said the measure, which cleared the Senate State Government Committee Tuesday, would allow the Rhythm City Casino in Davenport the flexibility to move to a land-based casino if they chose. The bill would apply only to Scott County.

QUOTE OF THE DAY: “What I know about beer you could put in a shot glass,” Sen. Dennis Black, D-Grinnell, on a bill that would allow the manufacture and sale of high-alcohol content beer.