Capitol Notebook: Iowa GOP lawmakers push for eminent domain restrictions for carbon pipelines

A group of Iowa House and Senate Republicans on Monday aired their opposition to the taking of private land for carbon dioxide pipelines and urged both chambers to pass restrictions.

Forty-one lawmakers called on the Iowa Legislature to follow the path set by South Dakota, where Gov. Larry Rhoden recently signed a law banning the use of eminent domain to acquire private land for carbon dioxide pipelines.

The legislation is primarily aimed at Summit Carbon Solutions, which wants to build an $8.9 billion, 2,500-mile pipeline to carry liquefied carbon dioxide from ethanol plants through Iowa, Minnesota, Nebraska and South Dakota to North Dakota, where it would be stored permanently underground.

Republican Rep. Helena Hayes, of New Sharon, said the group wants to preserve property rights and put more guard rails up around the use of eminent domain.

“We are here because we want to help with the assistance of guaranteeing that no more landowners, no more money, no one's private property rights are going to be abused,” Hayes said.

Rep. Cindy Golding, R-Cedar Rapids, said she is concerned that the pipeline was not fully halted after Summit filed a motion to suspend its pipeline permit application timeline in South Dakota, but still said it is committed to the project.

“This has not gone away,” Golding said. “It's a temporary stay. And they requested that, so it's still hanging over your head.”

While Iowa House Republicans in recent years have moved several bills related to carbon pipelines, including House File 943, which would ban the use of eminent domain for agricultural land for pipelines, Senate Republican leaders have not advanced similar legislation.

Several senators explained why they voted against an amendment proposed last Tuesday by Democratic Sen. Tony Bisignano, of Des Moines, to change the chamber’s rules to allow for floor debate and a vote on legislation related to pipelines, eminent domain or landowner rights.

Sen. Dennis Guth, of Klemme, said he voted against the amendment because he had a commitment from Sen. Mike Bousselot, R-Ankeny, who chairs the Senate Commerce Committee, that they would negotiate over eminent domain-related legislation.

“In order to not burn a bridge, I voted the way I did,” Guth said. “I also knew that there was not enough votes on the Republican side to pass this, so I felt like I didn't have anything to lose by doing it that way. I apologize to those that are disappointed, because I think if I had to do over again, I would have changed my vote.”

Others, including Republican Sens. Mark Lofgren, of Muscatine; Cherielynn Westrich, of Ottumwa; David Rowley, of Spirit Lake; and Lynn Evans, of Aurelia, echoed Guth, stating that while they support restricting eminent domain, they voted against the amendment in order to keep the door open for further negotiations with others Republicans in the chamber.

Sen. Sandy Salmon, of Janesville, said they have not yet seen potential legislation to negotiate over.

New Iowa House Rep. Blaine Watkins sworn in

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Republican Rep. Blaine Watkins was sworn in as the newest and youngest member of the Iowa House Monday after winning a special election in March to fill a seat left vacant by former Rep. Martin Graber, who died from a heart attack in January.

Blaine, 23, won the District 100 seat in southeastern Iowa after beating Democratic candidate Nanette Griffin 51.5 percent to 48.2 percent. The heavily Republican district where President Donald Trump won with 62.67 percent of the vote includes Fort Madison, Montrose, Donnellson and West Point.

Blaine most previously worked as a clerk and secretary for Sen. Jeff Reichman, R-Montrose. He lives on his family farm outside of Donnellson, according to Facebook.

House passes fix to ‘Stand Your Ground Law’

A House-passed bill would let individuals claiming self-defense in the use of deadly force under Iowa’s “stand your ground law” request a hearing before trial to determine whether they’re immune from criminal or civil liability under a 2017 law.

House File 945 would establish a pretrial hearing process for defendants claiming immunity for using justifiable force necessary to defend themselves, their property or others when they perceive they are in imminent danger. The 2017 law removes a person's duty to retreat before using reasonable force.

“In 2017, we passed ‘stand your ground’ legislation to allow an individual to make a claim of immunity in using justified reasonable force against an aggressor in self-defense, in defense of another or property,” said Rep. Steven Holt, R-Denison, the bill’s floor manager. Iowa courts, however, “have not interpreted this language exactly as expected,” with cases being taken to trial that shouldn’t have, Holt said.

The bill would move the immunity claim to the beginning of the process to avoid unnecessary cost and stress for those who used justifiable force, he said. The bill was amended to allow for the use of reasonable force as a trial defense if unsuccessful at the pretrial hearing.

It specifies that individuals justified in using reasonable force are immune from liability for damages incurred by the aggressor. The bill introduces a provision allowing defendants in criminal actions to file a motion asserting immunity at least 45 days before trial, triggering a pretrial hearing to assess the validity of the immunity claim.

If the court finds that the defendant has established a prima facie claim of immunity, the burden of proof shifts to the state, which must provide clear and convincing evidence to counter the claim. Should the state fail to overcome the immunity claim, the case would be dismissed with prejudice.

Additionally, the bill allows defendants in civil actions to raise the immunity granted as an affirmative defense in civil actions.

The bill passed the Iowa House with bipartisan support, 89-6, and now heads to the Iowa Senate.

Bill would make it easier to open new birth centers

With widespread closure of hospital labor and delivery units in rural Iowa in recent years, a bill passed by House lawmakers would make it easier for health care providers to open new birthing centers.

Since 2000, at least 41 Iowa hospitals, primarily in rural areas, have closed their labor and delivery units, leading to a shortage of birthing services and impacting access to care for pregnant women.

House File 887 would exempt freestanding birth centers from needing to obtain a certificate of need from the Iowa Department of Inspections, Appeals and Licensing. The regulatory process requires health care providers to demonstrate community need before establishing or expanding certain health care facilities or services. The process is intended to control health care costs, prevent unnecessary duplication of services, and ensure equitable access to health care resources.

Removing birth centers from the meaning of facility would allow health care providers to create, relocate, expand or offer new services in birth centers without the need to obtain the state certificate.

Supporters of the legislation said Iowa’s certificate of need law presents a potential barrier to maternity care providers who want to open birth centers in a state where roughly one-third of counties are classified as maternal health deserts.

The bill unanimously passed the House Monday, 95-0.

Reps. Shannon Lundgren, R-Peosta, and Heather Matson, D-Ankeny, said the bill will improve access to quality maternal health care in Iowa.

It now moves to the Senate for consideration.

Bill would limit criminal defense subpoenas

Criminal defendants' ability to subpoena for documents or other evidence during the discovery phase of a legal case would be curtailed under legislation approved by Senate Republicans.

The bill would allow such a subpoena only upon a request that proves by a preponderance of the evidence that there is a compelling need for the evidence, which must be necessary and admissible at trial and does not contain an individual’s private information.

Sen. Jeff Taylor, R-Sioux Center, said the bill was proposed by the Iowa Attorney General’s Office because of what he said was a “chilling effect” on witnesses being willing to come forward in trials out of fear that defense lawyers filing subpoenas that he described a “fishing expeditions” into potential witnesses’ private lives.

Sen. Matt Blake, D-Urbandale, said the legislation would “effectively end defense subpoenas” in Iowa and make it more difficult for innocent people to earn their freedom. He said the bill tips the balance of the scales of justice heavily to the government.

Senate File 571 passed on a party-line, 34-15 vote with only Republicans supporting and Democrats opposing. It is now eligible for consideration in the House, where a companion bill failed to advance out of committee.

Gazette-Lee Des Moines bureau