Capitol Notebook: Iowa House bill would restore independence of consumer advocate

DES MOINES — An Iowa House committee advanced legislation Thursday that would restore the independence of the Office of Consumer Advocate.

A government realignment plan proposed by Gov. Kim Reynolds and signed into law in 2023 made the agency a division of the Iowa Attorney General's Office and gave the attorney general the power to replace the lead consumer advocate for any reason.

The change took place while a permit was pending for the first phase of Summit Carbon Solutions' carbon dioxide capture pipeline project, which was approved by state regulators last year. The project has been met with fierce resistance from landowners, environmentalists, property rights groups and others who have filed legal challenges in state and federal court questioning the constitutionality of the use of eminent domain to force unwilling landowners to host the project, among other issues.

The consumer advocate is tasked with representing the interests of Iowans in utilities matters — most often when utility rate changes are proposed, but also for projects like the pipeline system.

A former attorney for the office, Anna Ryon, left amid the change, claiming it had reduced the office to essentially an observer of the Summit proceedings. The office later attempted to prevent Ryon from representing pipeline opponents during those proceedings.

Rep. Charley Thomson, a Charles City Republican, said Thursday that the change was a mistake and that the bill “restores the independence of the Office of the Consumer Advocate to be a full-throated advocate for consumers, without regard to the interests of corporations and other third party stakeholders who may be involved in the political process.”

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Under the bill, the governor would nominate a consumer advocate subject to confirmation by the Iowa Senate from among a list of three candidates selected by a committee consisting of the state auditor, secretary of agriculture and state treasurer. The person would serve a five-year term, report to the three-member committee and would have the authority to hire staff.

House File 239 unanimously passed the House Judiciary Committee making it eligible for debate in the full House.

The bill is among a package of legislation House Republicans have introduced in response to the Iowa Utilities Commission’s decision to grant a permit to Summit Carbon Solutions. The company wants to build a sprawling pipeline system in five states that would transport captured carbon dioxide from more than 50 ethanol plants to North Dakota for underground sequestration.

Bill criminalizing noncitizen ‘smuggling’ advances in House

Transporting or harboring people who are not U.S. citizens for gain or to conceal them from authorities would become a state crime under a bill that advanced Thursday in the Iowa House

Opponents have expressed concerns the bill's language has the potential to criminalize actions by religious groups that support asylum-seekers and provide food, housing, clothing, transportation, accompaniment and connections to legal assistance, school enrollment and supportive care.

The House Judiciary Committee voted 13-4, with Democrats opposed, to advance House Study Bill 15, making it eligible for consideration by the full House.

House Republicans pursued a similar bill last year. It passed the House but did not advance in the Senate.

Gov. Kim Reynolds last year signed into law a separate measure that creates a state crime of "illegal reentry" into Iowa for people who previously have been deported or barred from entering the United States. The law currently is on hold as legal challenges play out in federal court.

Someone who transports noncitizens with the intent to conceal them from law enforcement, flee law enforcement or encourage them to illegally enter or remain in the United States or illegally enter or remain on agricultural land without the owner's consent would be guilty of a Class C felony, punishable by up to 10 years in prison.

The crime would apply to someone who acts "knowingly, for payment or anything of value.”

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House Judiciary Committee Chair Rep. Steve Holt, R-Denison, who introduced the bill, said the language is meant so as not to apply to churches, charities or others who in good faith are trying to take care of people.

Rep. Ross Wilburn, D-Ames, said while he appreciates the intent of the amendment, it’s still too vague and doesn’t go far enough to exempt religious groups, charities and individuals who render aid to those seeking asylum.

The bill would make it a Class B felony, punishable by up to 25 years in prison, if the offense creates the likelihood of serious injury or death, if the person smuggled is younger than 18 or if the smuggler intended to be paid or possessed a firearm. It would be a Class A felony, punishable by life in prison without parole, if the person smuggled is seriously injured, killed or sexually abused.

Religious, civil rights and immigrants rights groups oppose the bill as it does not distinguish between individuals who entered the country in violation of federal law and noncitizens who are lawful permanent residents.

Holt said he will continue to evaluate possible amendments.

“I believe this bill will be an important tool for law enforcement,” Holt said. “They believe it will be an important tool for them. The have told me that.”

Bill advances allowing doctors to refuse treatment on moral grounds

Medical practitioners, health care facilities and insurance companies would be given broader allowance to refuse administering certain forms of medical care based on moral objections under proposed legislation advanced Thursday.

Medical institutions would be allowed to opt out of performing and paying for procedures that violate their conscience, and insurance companies would not be required to pay for services or medications to which they have an objection of conscience.

Providers and facilities still would have an obligation to provide emergency medical treatment to all patients.

Providers who refuse medical service based on conscientious objection would be shielded from liability for damages that arose from the objection.

There are federal protections in place for health care professionals who refuse to participate in abortion if they find it morally objectionable or if they believe that it is not in the best interest of the patient.

Rep. Megan Srinivas, a physician and Democrat from Des Moines, said the bill would lead to more denials and allow medical providers to discriminate against patients, further eroding health care access in the state.

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Srinivas mentioned a KFF study of insurers that sell Affordable Care Act plans. The study found in 2023 only a small percentage — 6 percent — of in-network claims were denied for a lack of medical necessity.

“As much as I would like to say that all of our health payers have the best interest of our patients in mind, as a physician myself, I have seen that not always to be the case,” she said. “Health payers, they’re a business. And bottom line, they're still looking at profits. So why are we opening the door with this bill to give them yet another excuse to deny vital care to people in the state of Iowa?

“ … We're giving them another easy way out when we already see so many denials for medically necessary care. On top of that, we're looking at an area where we already have a vast desert of care, a massive health care workforce shortage.”

Rep. Steve Holt, a Republican from Denison, noted the legislation stipulates that mandated care in insurance policies must be honored.

“I don’t see how the legislation would contribute to increased denials because this legislation and language is very tight, but if we do have a faith-based organization, for example, that would not want to cover abortion, it would cover that right of conscience, which I think is absolutely appropriate,” Holt said.

“ … Conscience is at the heart of ethics and forms the foundation of professionalism for health care professionals. Freedom of conscience protects the right to live in accordance with our deepest convictions, which give each of us our moral compass, our moral identity and our integrity.”

House Study Bill 139 passed the House Judiciary Committee on a 13-4 party-line vote, with Democrats opposed, making it eligible for debate by the full House.

Gazette-Lee Des Moines Bureau