Nursing Home Security

The House also recently passed House File 2422, which changes the requirements for nursing homes, residential care facilities and assisted living programs when they have a new resident who is required to register with the state’s sex offender registry. The bill would require these facilities to notify residents, employees and local sheriffs about the new resident.

This bill came as a response to a highly-publicized incident where a Northwest Iowa nursing home resident was sexually assaulted by a sex offender who had been released from prison, and subsequently placed in that nursing home as a resident. The incident exposed the process for housing certain sex offenders after their jail or prison time is complete.

This bill provides for the creation of a safety plan for the facility to protect residents, visitors, and anyone else who could come into contact with the resident. It also calls for a committee to meet to look into options for establishing a new facility of identifying an existing facility to serve sex offenders who need care.
Another provision of this bill is requiring these facilities to check the names of their current residents against the state’s sex offender registry within three months of the adoption of this bill. If a resident is found to be a threat the facility will work with the Department of Human Services and the Department of Inspections and Appeals to transfer the resident to a state facility.

I think this is an important piece of legislation that provides a solution to a real problem in Iowa assisted living communities.

USS Indianapolis

On July 30, 1945, the USS Indianapolis, on patrol in the Pacific Ocean, was torpedoed and sunk by a Japanese submarine. Of the 1,196 crewmen on board, three hundred men went down with the ship and another 520 brave sailors died floating among the wreckage in shark-infested waters without lifeboats, food or water. Thirty-two of the fatalities were Iowans. Only 317 of the original crew survived, three of which were Iowans.

The USS Indianapolis and its sailors were distinguished in the Pacific during World War II, earning 10 battle stars between 1942 and 1945. In March of 1945, months before the ship’s sinking, the Indianapolis withstood a kamikaze plane attack at Okinawa, which resulted in 38 casualties.

On July 26, 1945, the USS Indianapolis delivered the first operational atomic bomb to the island of Tinian. Eleven days later, a B29 bomber named Enola Gay dropped that bomb on Hiroshima to bring a swift end to WWII in the Pacific.

This past Monday, the Iowa House passed House Resolution 108 honoring the Iowans who were aboard the ship. About seventy-five people joined us in the House Chambers including children, grandchildren, widows and close friends of the Iowa sailors from the USS Indianapolis.

As part of the ceremony, Speaker Pro Tempore Jeff Kaufmann read from Out of the Depths by David Harrell. From that book came the words of Lieutenant Adrian Marks, the Navy pilot who initially found the survivors of the Indianapolis.

“I met you forty years ago. I met you on a sparkling, sun swept afternoon of horror. I have known you through a balmy tropic night of fear. I will never forget you. I suppose that through the years which have so swiftly run, at least ten thousand times I have recalled some portion of the day when our fates were crossed. But the memories which surface in my retrospection are not of horror, not of blackness, not of fear. I think of little things. Of things as small as honor, courage and as simple honesty. Things so small—and yet so great—that they form the cornerstone of our society. And when I think about these little things, I am humbled by the thought that I have seen true greatness in my time.”

It was a privilege to be part of this resolution, and to be able to make this relatively small gesture honoring these great Americans, their families and friends. Both of my grandfathers were World War II combat veterans, and I very much appreciate what “The Greatest Generation” has done for our nation.

Air National Guard Cuts

I have joined several of my colleagues in sponsoring another House Resolution to oppose the Air National Guard spending cuts that have been proposed at the federal level. Representative Jeremy Taylor has authored a resolution urging the United States Congress and the President to protect Iowa’s Air National Guard.

The proposed budget cut requests the removal of twenty-one F-16 fighter jets from the 132nd Fighter Wing. The 132nd has participated in numerous actions including World War II, the Korean Conflict, and many of the support functions in Desert Storm/Desert Shield, and Operation Iraqi Freedom. They have also received numerous awards, including eight Air Force Outstanding Unit Awards, and have been part of exercises and deployments around the world. Since 1941, the Iowa Air National Guard has been part of the nation’s defense and Iowa’s emergency defense system. In Iowa these cuts would result in a loss of 500 of the 132nd’s 1,000 personnel.

Governor Branstad, along with 48 other governors, is protesting the proposed spending cuts. This past Tuesday, Governor Branstad released a letter to Defense Secretary Leon Panetta outlining his objections to the spending cuts. His letter was signed by Major General Tim Orr who is the adjutant general of the Iowa National Guard as well as adjutant generals from all other states.

Our congressional delegation has also been very active in trying to save the F-16s in Des Moines. It is encouraging to see strong bi-partisan support for the 132nd.

Strengthening Iowa’s Laws on Sex Trafficking and Sexual Exploitation

A recent report from the non-partisan Protected Innocence Initiative reviewed the laws of all 50 states with regard to sex trafficking, particularly of children. The Protected Innocence Initiative report gave Iowa a grade of ‘D’. Since looking at this report, I have been looking at ways to strengthen Iowa law to better protect women and children from these heinous crimes.

This is not just a problem half-way around the world; this terrible crime is happening right here in Iowa. We are no longer safe to sit by and watch these things take place in third world countries – we have to take action to better protect this from happening here at home.

I have sponsored a bill along with my friend Representative Walt Rogers from Cedar Falls that would make several changes to our criminal laws on sex trafficking. Rep. Rogers has also placed this language as an amendment to another bill being worked on regarding possession and distribution of obscene material. Between these two vehicles, I am hope that we can move this legislation forward.

This bill broadens the scope of what falls under sex trafficking, especially where children are involved. It states that if the child is under eighteen, the crime need not have involved fraud, force or coercion to be prosecutable. It also strengthens the old law to say that “a person’s ignorance of the age of the victim or a belief that the victim was older is no defense.” This law also provides sex trafficking victims with the opportunity to receive victim compensation.

I believe that one of the most fundamental functions of government is to protect citizens, especially our most vulnerable. We will keep working on this bill for the safety of women and children in Iowa.

House Approves SF 2071 – Prison Supplemental Bill

Tuesday night, the House approved Senate File 2071, the Fiscal Year 2012 supplemental appropriations bill. This funding is needed to ensure prison staffing levels are maintained. After an agreement was reached between the House and Senate, $7.5 million was appropriated to the Department of Corrections.

It is important to note that this supplemental appropriation is revenue neutral. Because of cost savings identified in this bill, the budget for the current fiscal year still does not spend any more than the state collects in revenue.

I applaud the Department of Corrections for operating efficiently enough for the current fiscal year, making their request one that we can accommodate. The Department has done a good job of reducing internal spending as much as possible in order to come in at the $7.5 million figure.

The cost savings for this bill come primarily from Medicaid expenditures, which for FY 2012 are coming in at least $6.5 million under budget.

Moving forward, the state will be forced to make additional resources available for corrections. The prison population in Iowa continues to grow, and incarcerating and rehabilitating prisoners is one the most critical responsibilities of government.

Education Funding

Each year, one of the high profile issues for the legislature is to set “allowable growth” for K-12 education funding. The legislature determines what growth rate, if any, will be applied to the per-pupil funding amount.

Currently, K-12 education funding in Iowa is set at $5883 per enrolled pupil. When you hear proposals for 0%, 2% or 4% allowable growth, that percentage is what would be applied to that $5883 per-pupil amount.

State and local funding is broken down into three segments. The first portion of the $5883 is comprised of $5.40 per $1000 of valuation in local property taxes. The second portion comes from a direct state appropriation, which takes the funding up to 87.5% of the $5883 per pupil. The final 12.5% is finished off by additional local property taxes.

One implication of this formula is that “property rich” districts (e.g. West Des Moines) are able to meet a much greater part of the $5883 per pupil through local property tax than “property poor” districts. Conversely, many of these “property poor” areas need a much higher school property tax levy than schools in our area.

In the past, to keep growing government in difficult budget years, the legislature set an allowable growth rate, and then intentionally underfunded its share of the K-12 funding the following year. This underfunding pulled the rug out from under school districts, after they had already set their budgets.

Last year, with new leadership in the House, we fixed this practice of intentional underfunding, and appropriated over $200 million additional dollars to make up this shortfall from the year before, while at the same time allowable growth was set at zero.

This year, there seems to be some consensus at the Capitol for some amount of allowable growth, yet no agreement yet on the exact rate. I agree with many that it’s time for a modest increase in school funding, but with our economic future still uncertain, I think it’s prudent that we set a growth rate we know is sustainable. I also would like to see any new K-12 educational spending offset by reductions and efficiencies in other areas.

The education funding formula has also entered into the conversation on property tax reform. Part of the plan recently passed out of the House Ways and Means Committee provides that the state pick up the above mentioned third piece of funding, the final 12.5%, currently paid by local property taxes.

On the upside, this plan would provide direct relief to local property taxpayers, without impacting school funding at all. On the other hand, as explained above, our area would get less property tax relief than other communities that receive a greater share of state aid.

Education funding in Iowa is a complex issue that significantly impacts the entire state budget. We all want the best for our children, and I will continue to work toward an educational system that is respectful of taxpayers, while delivering value to families and our children.

Criminal Law and Public Safety

Apart from the high-profile bills on the budget and taxes we consider in the legislature, there are a lot more items that you rarely see in the news. In my role on the Judiciary and Public Safety Committees, I get the opportunity to work on many pieces of legislation related to the criminal code and public safety.

One bill I have in drafting right now aims to clarify and strengthen our laws on domestic minor sex trafficking. Sadly, this is not just something that happens in other parts of the world, but does happen here in Iowa. One of the key components of this bill will be to add new penalties for the use of the Internet lure, entice or purchase a minor in this appalling business.

I have submitted another bill creating enhanced penalties for Driving Under the Influence (DUI). Several people in the community have relayed to me how they have been personally impacted by drunk driving, and feel that it is too easy for offenders to get their license back. All too often, we hear stories of second or third time DUI offenders causing serious accidents.

The House recently passed a bill adding specific penalties for strangulation under our domestic abuse statute. Data reveals that strangulation is a predictor of future, more violent acts against a domestic partner. By adding new penalties for strangulation, prosecutors and law enforcement will have another tool to help separate abuse victims from the abuser, and hopefully provide additional protection from further violence.

There is also an effort this year to improve and strengthen the new ban on synthetic drugs we fought for in the House last year. The problem is that there are always new synthetic compounds being invented, and prosecutors are finding it difficult to prosecute every case. We will be working this year to make sure the Iowa code fully addresses a complete list of these dangerous drugs.

Many of these bills are non-partisan and get broad support, but there is still a great deal of work that needs to be done at the subcommittee and committee level. As always, if you have any suggestions or comments, please do not hesitate to let me know.

Fiscal Year 2013 Budget Targets

Last week, House Republicans announced targets for the Fiscal Year 2013 budget. The goal was to set forth a budget that is honest, transparent, and sustainable. The budget meets my own personal goals in that it does not spend more than the state takes in and provides for priority services in the areas of education, health and human services, and public safety. Taxpayers should also appreciate that this budget does not use one-time money to balance the budget and does not purposefully underfund state commitments like the property tax credits.

The House Republican Budget proposal spends $6.059 billion or $313 million less than the total overall spending for FY 2011 and $59.9 million more than the FY 2012 budget. The small increase is almost all due to $55 million of new expenditure to fully fund property tax credits. If enacted, this will be the first time state property tax credits have been fully-funded since FY 2000.

Despite the increase to fund the property tax credits, it is still only a 1 percent budget growth over FY 2012.

Another key component of the targets is $42.9 million for state employees, including legislators, to contribute to the cost of their health insurance. This assumes that all state employees, including legislators, will pay at least $200 per month for their premiums

In comparing other budget targets in the legislature, it is important to understand how the available revenue number is used in each proposal. Some budget proposals plan to spend all available dollars, even one-time money carried over from the previous year. The House Republican plan does not consider these one-time funds to be appropriate for spending toward ongoing projects. Spending these one-time funds only grows government, and forces tax increases in future years.

This budget will be another positive step toward aligning state spending with state revenue. With a healthy balance sheet, the taxpayers of Iowa can have greater confidence that future legislatures will not resort to tax increases to solve budget problems. This confidence will help individuals and families plan their own budgets and for employers to be able to predict future expenses.

Coralville TIF Hearing

On Thursday of last week, our Government Oversight Committee heard testimony about the use of Tax Increment Financing (TIF) in Coralville, primarily for the Iowa River Landing project. Legislators have recently heard from many people who are concerned about potential abuses of TIF, with Coralville getting the most attention.

TIF allows cities to add to their overall tax base by borrowing against the future increase in valuation that comes from redevelopment. While this has been a very useful tool for many cities (including in our area), we also have to consider whether there should be limits placed on the amount of debt a city can accumulate under TIF, and also if there needs to be a limit on the length of time TIF debt obligations should remain outstanding.

For example, the City of Coralville carries well over $200 million in TIF debt, amounting to about $12,000 per citizen. Also, the city is not scheduled to repay the TIF debt for another 30 years. Another downturn in the economy could put a tremendous burden on the city’s finances.

We also need to consider whether or not cities should use publicly funded projects to compete directly with private business and also question if cities should use TIF to poach existing businesses from nearby communities. Coralville has been using its own Iowa River Landing Project to proactively take tenants away from other places, most notably Coral Ridge and Sycamore malls.

Both the House and Senate Ways and Means Committees are working on bills to reform our current laws on TIF. The results of our hearing will be shared with the House Ways and Means Committee, to help them put together new guidelines for TIF that allow cities to keep this tool, while also adding safeguards for taxpayers.

Although this can be a difficult and controversial issue to deal with, I believe that we will be able to find common ground to make the system better. The media did a fair job of reporting our hearing, and here are a couple of good articles that provide additional background:

Des Moines Register – Citizens group urges restrictions to TIF law

Iowa City Press Citizen – Coralville and TIF under microscope

Also, I highly recommend the following study from Peter Fisher of the Iowa Policy Project to anyone who has a particular interest in TIF:

Iowa Policy Project – A Case Study of Johnson County

DOT Efficiency Report

At the request of the Governor, Department of Transportation (DOT) Director Paul Trombino released the finding of a study to find cost savings within the department. The report identified 13 efficiencies with total savings projected at $50 million. The goal of the report was to find efficiencies in order to free up more money in the Road Use Tax Fund for the improvement of the public roadway system.

Some of the program efficiencies include an assessment of rest area and weigh station investments ($1.5 million annually), a reduction in roadside vegetation improvements ($1 million annually), and the selling of unnecessary right of way parcels ($1 million in one-time). Other savings include a one-time $11 million through the implementation of an asset management tool, which would help the DOT make better decisions on how and when to upgrade and maintain their physical assets. Similarly, the department found $10 million in savings annually that envisions the implementation of new budgetary management policies focused on post-letting project costs. The goal would be to deliver projects ahead of schedule and under budget.

Some of these efficiencies will require legislative action, or action by the Transportation Commission. Some will simply require cooperation at the county or local level. A full copy of the report released this week—which includes details on the efficiencies, and whether or not the efficiency requires legislative action—can be found here:

https://governor.iowa.gov/wp-content/uploads/2012/01/Road-Use-Tax-Fund-Efficiency-Report-FINAL1.pdf

I commend the DOT for their efforts to find efficiencies in state government. This is what every department and every agency should be submitting to Iowans, a plan to save taxpayer money while preserving core services.

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