Boaters on the Coralville Reservoir account for 17 percent of the boating while intoxicated charges filed over the past three years, according to the Iowa Department of Natural Resources.

The data on BWI was released ahead of joint enforcement effort by the DNR and other state, federal and local law enforcement agencies. Operation Dry Water, campaign to draw public attention to the hazards of boating under the influence, will run from June 28-30.

“More than 70 percent of Iowa’s boating fatalities in 2012 involved alcohol and many of those victims were innocent bystanders,” said Susan Stocker, boating law administrator and education coordinator for the DNR.  “We will increase patrols, conduct check points, administer breath tests and inform the public on the hazards involved on the waters across Iowa as part of Operation Dry Water.”

Boaters on the Mississippi River accounted for the largest number of BWIs in recent years, according to DNR data. Nearly one-third of those tagged for BWIs were boating on the Mississippi.

Another 18 percent of the BWI citations in the previous three years were issued on Saylorville Lake.

At Coralville, 32 citations have been written since 2010, or 17 percent of the total, the DNR said.

Operators may not think they are under the influence, but their judgment, reaction time, balance and vision indicate that they are, Stocker said.

“The effects of alcohol can be intensified when combined with wind and wave action and an extended time spent in the sun,” she said.

In 2012, the Iowa DNR and its partners contacted nearly 550 vessels containing more than 2,000 boaters, resulting in 136 citations or warnings as part of Operation Dry Water.  The 2012 effort was conducted on the Mississippi River Pool 15, the Coralville Reservoir, Saylorville Reservoir, North Twin Lake, Storm Lake and the Missouri River.

The DNR has partnered with the U.S. Coast Guard, the Army Corps of Engineers, and local sheriff’s department as part of previous Operation Dry Water campaigns.

2012 top 5 highest areas for BWI arrests

• Mississippi River: 32
• Saylorville Lake: 16
• Okoboji: 15
• Coralville: 14
• Clear Lake: 6
• Total BWI: 95

2011 top 5 highest areas for BWI arrests:

• Mississippi River: 19
• Coralville Reservoir: 13
• Saylorville Lake: 13
• Okoboji: 4
• Clear Lake: 3
• Total BWI: 55

2010 top 5 highest areas for BWI arrests:

• Mississippi River: 10
• Saylorville Lake: 6
• Coralville Reservoir: 5
• Missouri River: 4
• Clear Lake: 3
• Total BWI: 40

2009 top 5 highest areas for BWI arrest:

• Okoboji: 7
• Missouri River: 6
• Mississippi River: 5
• Saylorville Lake: 5
• Clear Lake: 2
• Total BWI: 32

2008 top 5 highest areas for BWI arrests:

• West Lake Okoboji: 10
• Mississippi River: 5
• Missouri River: 5
• Saylorville Lake: 2
• Clear Lake: 2
• Total BWI: 35

By James Q. Lynch

The Gazette

DES MOINES – A handful of House conservatives want to reduce the pay of Iowa Supreme Court justices involved in a 2009 decision striking down a ban on same-sex marriages as part of an effort to maintain the balance of power in state government.

Rep. Tom Shaw

Rep. Dwayne Alons

“It’s our responsibility to maintain the balance of power” between the three co-equal branches of government, Rep. Tom Shaw, R-Laurens, said Tuesday.

The justices “trashed the separation of powers” with their unanimous Varnum v. Brien decision and implementation of same-sex marriage without a change in state law banning any marriages expect between one man and one woman, added Rep. Dwayne Alons, R-Hull.

Their amendment to Senate File 442, the judicial branch budget bill, would lower the salaries of the four justices on the seven-member court who were part of the unanimous Varnum v. Brein decision to $25,000 – the same as a state legislator.

It’s not meant to be punitive, Alons and Shaw said April 23.

Sen. Rob Hogg

“We’re just holding them responsible for their decision, for going beyond their bounds,” Shaw said.

“It’s not the merits of what they said in that decision,” added Alons. He’s trying to stop “an encroaching wave” of judicial activity including decisions on nude dancing and landowner liability – decisions the Legislature also is trying to correct through legislation this session.

That view is not universally shared.

“How ridiculous can you get?” wondered Senate Judiciary Chairman Rob Hogg, D-Cedar Rapids. Alons, Shaw and three other co-sponsors of House Amendment 1327 misunderstand the role of the court as well as the relationship between the court and the Legislature, he said.

The court routinely interprets state law, Hogg said, and the Legislature is free to pass clarifying language. That’s what is being proposed in the case of nude dancing and landowner liability.

Since the 1803 Marbury v. Madison U.S. Supreme Court decision, however, it’s been left to the courts to interpret the Constitution, Hogg said.

Under the amendment, justices’ salaries would be lowered when voters approve a constitutional amendment banning same-sex marriage.

In the meantime, Hogg suggested that a plan to pay justices differently based on their role in one case would be unlikely to withstand a court challenge.

“We’ll cross that bridge when we come to it,” Alons said.

Comments:  (319) 398-8375; james.lynch@sourcemedia.net

By James Q. Lynch

The Gazette

DES MOINES – More people may be facing charges in a fraud investigation that led to the arrest of a former Iowa Department of Transportation employee, Gov. Terry Branstad said Monday.

David Weigel, 56, was arrested Saturday for allegedly stealing more than $407,430 from the DOT by manipulating land purchases and mowing contracts. Also arrested was an alleged accomplice, Grady Marx, 59, of Sioux City.

A whistleblower in the department alerted DOT Director Paul Trombino III shortly after he arrived on the job, Branstad said. The investigation culminated April 20 as law enforcement from state, local and federal agencies executed Operation Landlord with search warrants at four different locations in Story, Polk and Woodbury counties, according to the Department of Public Safety. Weigel was charged with first-degree theft, conspiracy to commit theft, ongoing criminal conduct, money laundering and felonious misconduct in office.

The charges, Branstad said, “sends a really strong statement if you are involved in fraud we are going to find you and we’re going  prosecute you and we’re going to seize the property you have inappropriately taken from the state.”

Weigel may have had more accomplices than Marx, 59, Branstad said.

“This is a very complex issue that had been going on over a period of time,” he said at his weekly news conference April 22. “The more they got into it, the more they found. There still may be more out there.”

He encouraged anyone who had dealings with Weigel to talk to the DPS “so we can get to the bottom of all of it.”

The allegations against Weigel, who worked as a DOT right-of-way agent from 1995-2011, are that he stole at least $239,832 from the state while handling sales and leases of DOT land. For example, he told people buying or leasing land to write one check to the DOT and another to him. In another instance, he told a person to write checks to him as the “property manager” of leased land. Another allegation is that he approved payments for “crop sharing” to a farmer leasing DOT land and then received a kickback after the harvest.

Weigel resigned in 2011 after the investigation began.

It’s believed Marx defrauded Iowa of at least $237,360.

Comments:  (319) 398-8375; james.lynch@sourcemedia.net

A roundup of legislative and Capitol news items of interest for Tuesday, April 16, 2013:

Economic development: The Iowa House approved SF 430 52-46 to authorize spending $45 million in general funds to support the departments of Cultural Affairs, Economic Development, Workforce Development and for the Board of Regents’ economic development activities.

As approved by the Senate, SF 430 contained $78 million from the general fund — $33 million more than the House budget and $40 million more than the current budget. It spends $316,000 less than proposed by the governor. The primary increases from FY 13 are additional allocations to the Historical and Arts Divisions.

Assuming the Senate does not accept the changes made by the House, the bill will go to a conference committee of five House members and five Senate members.

Hydroelectric tax break: The House approved HF 630 95-3 to extend tax breaks available for wind energy projects to hydroelectric projects.

The bill provides a sales tax exemption for the sales price of wind energy conversion property, such as a generator, turbine, powerhouse, coffer dam, electrical equipment substation, poles, wires, transformers, breakers, and switches used to convert water, water power, or hydroelectricity to a form of usable energy.

The bill will aid a project at Lake Red Rock, floor manager Rep. Lee Hein, R-Monticello.

Lobbyists for Missouri River Energy Services and the Iowa Association of Municipal Utilities supported the bill. Other lobbyists were undecided.

According to the Legislative Services Agency, the bill would reduce state sales tax revenues an estimated $2.4 million in fiscal 2014, $2.4 million in 2015 and $1.8 million in fiscal 2016.

Plant more shade: Iowa residential customers of MidAmerican Energy Company can reduce future energy use, landscape their properties, and green up their communities through Plant Some Shade.

Plant Some Shade is funded by MidAmerican Energy and administered by the Iowa Department of Natural Resources Bureau of Forestry, with partners in the cities of Waterloo and Cedar Rapids, Johnson County Extension, Polk County Conservation, Pottawattamie County Conservation Board, Scott County Conservation Board, Warren County Conservation Board and Webster County Conservation Board.

Plant Some Shade enables MidAmerican Energy’s residential customers to purchase up to two, 3- to 8-foot landscaping trees for $30 each. Advance orders are required and order forms are available at www.midamericanenergy.com/iowa_plantsomeshade.

Hunting works: A coalition of local and regional sporting organizations, small lodging and retail businesses plan to highlight the importance of hunting Wednesday at the Iowa Capitol.

The partnership, Hunting Works for Iowa, will announce the group’s Iowa co-chairs and discuss the impact of hunting and shooting sports with legislators. Organizers pointed to Congressional Sportsmen’s Foundation data indicating 253,000 people hunt in Iowa each year — spending nearly $450 million on lodging, food, gas, and gear while paying $47.9 million in state taxes. For more information visit www.huntingworksforia.com.

Vehicle thefts: The Iowa State Patrol and Nationwide Insurance Company are launching a statewide “bait car initiative” Wednesday designed to deter and catch vehicle thieves.

Lt. Gov. Kim Reynolds, Col. Dave Garrison of the Iowa State Patrol and Bob O’Hollearn, Des Moines regional vice president for Allied Insurance, have called an afternoon news conference to discuss an enforcement program that organizers say will use “a combination of old-fashioned police work, paired with modern technology to catch vehicle thieves red-handed.” Problems associated with vehicle thefts in Iowa have prompted state law officers and Nationwide Insurance to pool resources to curb the illegal activity.

Wisconsin governor: Wisconsin Gov. Scott Walker, currently is accompanying Iowa Gov. Terry Branstad on a trade mission to China, will deliver the keynote address to the Polk County Republican Party’s 4^th annual Robb Kelley Club spring dinner May 23 at the West Des Moines Sheraton.

Walker, 43, a Colorado native whose family lived in Plainfield, Iowa, when he was a youngster, was elected as Wisconsin’s 45^th governor in 2010 and survived a recall election in June 2012. More information on the May 23 event is available at www.polkgop.net.

Travel guide: The Iowa Tourism Office’s latest edition of the Iowa Travel Guide is now available to assist travelers in planning an Iowa vacation. The guide is free and may be ordered by phone at (800) 345-4692 or via www.traveliowa.com. An online version of the guide is available on the website or travelers may pick one up at any Iowa Welcome Center.

The four-color, guide is Iowa’s comprehensive trip-planning publication with listings from more than 700 attractions, 550 hotels, 160 bed and breakfasts and 400 campgrounds in addition to information on state parks, trails and scenic areas. The Iowa Tourism Office distributes more than 100,000 copies of the Iowa Travel Guide annually to travelers from every state and around the world to promote an industry that generates more than $7 billion in expenditures, employs 63,400 people statewide and produces $328 million in state taxes.

Telemarketer barred: A Polk County judge has barred Osceola-based telemarketer, Telequal LLC, from professional fundraising in Iowa after a state undercover phone line recorded what Attorney General Tom Miller called a “highly deceptive pitch” that claimed it was raising money for “A Child’s Dream,” a Knoxville, Tennessee non-profit organization.

To hear the recording, click here.

The intended recipient of the call was a 73-year-old woman with Alzheimer’s disease who had given money in the past. Her calls were being forwarded to the Consumer Protection Division’s undercover phone line.

Shortly before Miller planned to file a consumer fraud lawsuit, the business began to shut down. Although the defendants denied wrongdoing, they signed a consent decree barring Telequal and individuals targeted by the state probe from moving operations to another state and then calling into Iowa. They also are barred from ever using any of Telequal’s donor information.

For information about avoiding charity fraud, visit www.IowaAttorneyGeneral.gov.

Quote of the day: “It’s been a challenge moving this because the lobby’s powerful and they like making money off the backs of low-income, working Iowans.” – Sen. Joe Bolkcom, D-Iowa City, commenting on a bill that passed the Iowa Senate Ways and Means Committee 8-6 that would cap the yearly interest rate on deferred deposit loans at 36 percent.

–Compiled by the Des Moines Bureau

A roundup of legislative and Capitol news items of interest for Tuesday, March 26, 2013:

Bad news on roads: TRIP, a national non-profit transportation research group based in Washington, DC, will release a report that shows deficient roads cost the average Des Moines area driver nearly $1,400 each year in the form of additional vehicle operating costs, lost time and wasted fuel due to traffic congestion, and traffic crashes. TRIP’s report provides key facts and figures regarding road and bridge conditions, economic development, highway safety, and transportation funding in Iowa.

Along with representatives of farm commodity groups, truckers and road builders, the group will release its report at 1:30 p.m. Wednesday in Room 116 of the Capitol.

Voter fraud: Two more people have been charged in the Iowa Secretary of State’s ongoing investigation into voter fraud.

The Division of Criminal Investigation has secured two arrest warrants related to violations of the laws surrounding voter registration in the state of Iowa.

Nickie Dean Perkins, 53, has been charged in Marshall County with two counts of first-degree election misconduct, Class D felonies, and one count of third-degree fraudulent practice, an aggravated misdemeanor.

In Cerro Gordo County, Jesus Adan Castorena, 64, was charged with two counts of perjury, Class D felonies. An investigation by the Division of Criminal Investigation and Iowa Department of Transportation revealed he falsely claimed to be a U.S. citizen and subsequently registered to vote. Warrants have been issued for Castorena’s arrest.

Radar bill is jamming: Efforts to outlaw devices that jam law enforcement officers’ speed-detection equipment got a second life in an Iowa Senate subcommittee Tuesday.

Representatives of law officers and prosecutors support House-passed legislation that seeks to prohibit the sale, operation or possession of a radar-jamming device that interferes with radar speed meters, laser speed meters or radio waves emitted by equipment that peace officers use to measure the speed of motor vehicles. House 477 would create a simple misdemeanor offense punishable by a scheduled fine of $100 to sell, possess or operate a speed-detection jamming device in a vehicle operated on a highway in Iowa. The devices also would be subject to seizure and forfeiture by law officers.

Sen. Steve Sodders, D-State Center, a Marshall County deputy sheriff, said the bill is an attempt to keep the law up to date with technology. An earlier effort to pass the measure died in a Senate subcommittee, but Sen. Charles Schneider, R-West Des Moines, replaced Sen. Brad Zaun, R-Urbandale, on the subcommittee that approved the House bill Tuesday subject to some modifications before it gets considered by the Senate Judiciary Committee.

Property tax relief: A Republican property tax relief plan advanced Tuesday, winning the approval of the House Appropriations Committee on a party line vote after an amendment to substitute a Senate Democratic proposal was rejected – also on a party line vote.

Beginning in fiscal 2015, HF 609, the successor to HF 150, appropriates $77 million for commercial and industrial property tax reimbursements, according to floor manager Rep. Ralph Watts, R-Adel. After four years, it will be capped at $339 million.

It also appropriates $75 million for school aid in 2015. That can grow to as much as $490 million after 10 years.

Combined, the appropriations could grow to as much as $829 million after 10 years, Watts said.

Although likely to win House approval, the plan has opposition in the Senate where majority Democrats are advancing a property tax credit plan they say is advantageous to smaller, Iowa-owned businesses.

Senate confirmations: The Iowa Senate on Tuesday confirmed Terry Rich as head of the Iowa Lottery, Timothy Orr as adjutant general of the Iowa National Guard, and Duane McGee as executive director of the state Board of Educational Examiners. Orr and McGee were approved on 48-0 votes, while Rich was confirmed by a 47-1 verdict.

The confirmation of former state Sen. Tom Rielly, an Oskaloosa Democrat, as a member of the Iowa Transportation Commission was deferred at the request of Senate Republicans, who indicated they needed more time before bringing Rielly appointment by GOP Gov. Terry Branstad to a vote. Gubernatorial appointees need an affirmative two-thirds majority, or 34 votes, in the 50-member Senate to win confirmation.

Judicial appointment: Gov. Terry E. Branstad has appointed Henry Latham of Eldridge Seventh Judicial District judge. He earned his law degree from the University of Iowa and is currently working in private practice. The Seventh Judicial Circuit includes Cedar, Clinton, Jackson, Muscatine and Scott counties.

Latham fills the vacancy left by Chief Judge Bobbie Alpers.

Mental health supplemental: Gov. Terry Branstad is expected to take action this week on an $11.6 million in supplemental money to help 26 counties avoid shortfalls in mental health services as the state switches to a regionally based service delivery system. Branstad received House File 160 on Monday, his spokesman said, and has three days to decide whether to approve the money for counties struggling to meet mental-health cost obligations in the current fiscal year that ends June 30.

Quote of the day: “I learned a long time ago that the person who might be your biggest adversary on one issue might be your best ally on the next. So just because you have a difference of opinion on one issue shouldn’t prevent you from maintaining a good relationship with people. I think that’s critically important.” — Gov. Terry Branstad addressing participants of the sixth Annual Iowa Wind Power Conference Tuesday.

–Compiled by the Des Moines Bureau

A roundup of legislative and Capitol news items of interest for Monday, March 25, 2013:

Soldier’s funeral: Funeral services have been scheduled for Estherville native Staff Sgt. Steven P. Blass, 27, who died while serving on active duty in the U.S. Army March 11 near Kandahar, Afghanistan, when his UH-60 Black Hawk helicopter crashed during a routine training mission.

His funeral service will be at 2 p.m. March 26 at the Estherville Lincoln Central High School. A graveside service will follow at the North Lawn Cemetery at Spencer.

The family requests in lieu of flowers, memorials may be sent to the Steve Blass Memorial Fund, Employees Credit Union, 2714 Central Ave., Estherville, Iowa 51334.

Iowa cities vs. EPA: The United States Appeals for the Eight Circuit sided with the League of Cities over the Environmental Protection Agency in a decision released Monday. At issue were a series of EPA letters and memoranda that the League claimed constituted new regulatory requirements for water treatment processes. The EPA, in turn, claimed the documents only explained existing laws and asked the courts to dismiss the challenge. In a 41-page opinion released Monday, the court sided with the League and struck the requirements that were outlined in the documents. The full decision can be found online here: http://www.ca8.uscourts.gov/opndir/13/03/113412P.pdf.

Nuclear opposition: S.A.F.E. — Saving America’s Farmground and Environment — will have an information meeting on prospects for a nuclear or natural gas power plant southeast of Wilton March 26.

MidAmerican Energy, which has sought lawmakers’ support for a small-scale nuclear plant in recent legislative sessions, discussed its plans in a private meeting with landowners in November. A company representative will make a brief presentation. There will be time for questions and comments, including comments by elected officials.

The meeting will be at a 6:30 p.m. in the new Wilton Community Center (across from the junior-senior high school), 1215 Cypress St., Wilton. Seating is limited. Doors will open at 6 p.m.

The meeting will be rebroadcast on Muscatine Power and Water Digital TV Channel 9.  Check its schedule for date and time. For more information, contact Dianne Glenney, (563) 260-8094.

Slippery slope of DNA: A measure to spend about $27 per person convicted of an aggravated misdemeanor was approved 79-17 by the House Monday despite an argument that it was the “beginning of a slippery slope.”

Rep. Mary Wolfe, D-Clinton argued against HF 527, which would require people convicted of aggravated misdemeanors to submit DNA that would become part of a government database. Eventually, she suggested, people fined for traffic violations might have to submit DNA.

However, floor manger Rep. Jarad Klein, R-Keota, said it was similar to collecting fingerprints and would help law enforcement solve crimes.

Senate Judiciary Committee Chairman Rob Hogg, D-Cedar Rapids, does not plan to take up the HF 527.

Lake Delhi: A House-passed bill dealing with reconstruction of the dam at Lake Delhi passed a Senate subcommittee Monday amid grumbling from senators and critics perturbed that no supporters showed up to answer questions.

Sens. Mary Jo Wilhelm, D-Cresco, and Chris Brase, D-Muscatine, agreed to move the bill to the Senate Local Government Committee with next week’s second “funnel” deadline looming, but they hoped to address concerns about adequate public access and other questions before bringing HF 541 before the full committee.

The bill, which passed the House 71-27 earlier this month, would allow reconstruction of the dam, which was breached by a 2010 flood on the Maquoketa River in Delaware County, at the height of the spillway, which is about 6 feet lower than the top of the dam. It’s the spillway, not the dam that determines the height of the pool on the Maquoketa River. However, Iowa Department of Natural Resources administrative rules require the dam to be rebuilt to the level of the top of the dam. HF 541 would carve out an exception so the dam’s owners would not have to get easements on upriver land that would be inundated by high water.

Skilled workers: The Senate Appropriations Committee voted 13-8 Monday to provide $25 million to Iowa’s community colleges to help bolster the state’s skilled worker training investments. SF 291 would provide $9.5 million more for workforce training and economic development funding, $7.5 million for adult education, $5 million for career pathway and tuition assistance, and $3 million to identify and fill skills gaps.

Sen. Brian Schoenjahn, D-Arlington, said Iowa is one of three states that do not specifically invest in adult basic education and funding in that area could benefit the nearly 10 percent of Iowa’s working age adults who do not have a high school diploma or GED.

Sen. Joni Ernst, R-Red Oak, said S.F. 291 contained good policy pieces, but GOP committee members wanted to see the price tag of an education reform measure to be debated by the Senate on Tuesday before committing to spend another $23 million from the state general fund and $2 million from other sources as the bill proposes.

Regent nominees: Gov. Terry Branstad gave a strong vote of confidence Monday for his three nominees to the state Board of Regents to be confirmed by the Iowa Senate for six-year terms. Branstad told Statehouse reporters that current board president Craig Lang, a Brooklyn dairy farmer, and new appointees Robert Cramer, a Grimes construction executive, and Subhash Sahai, a Webster City physician, “bring diversity, experience, knowledge and expertise that we need on the Board of Regents.”

Branstad noted the regents have selected Steven Leath as president of the Iowa State University and William Ruud as president of the University of Northern Iowa, pushed for increased UNI funding, started to address the tuition set-aside issue and froze tuition for in-state students under Lang’s watch. He says Sahai brings medical knowledge and Cramer’s contracting experience will be valuable as the University of Iowa undertakes $1 billion in flood rebuilding projects. Lang and Cramer face challenges getting the 34 affirmative votes needed for confirmation. Lang, a former Iowa Farm Bureau president, has been criticized for academic freedom issues related to ISU’s ill-fated Harkin Institute, while Senate Democrats raised concerns about Cramer’s activism on socially conservative issues. The Senate must act on gubernatorial appointments by April 15.

Better bottle bill: A new effort is being launched to upgrade Iowa’s current bottle bill law. A broad coalition of recycling advocates, business owners, elected officials, redemption center operators, environmental organizations and sportsmen groups are joining with state legislators to launch a push to modernize Iowa’s five-cent beverage container redemption law. Coalition members have planned a news conference at 8:45 a.m. in the Iowa Capitol building Tuesday to launch their proposed legislation. For more information, including the latest updates on the Iowa Better Bottle Bill, visit www.IowaBottleBill.com, organizers said.

Marketing halted: A California company must stop marketing real estate documents to Iowa residents under an agreement with Iowa Attorney General Tom Miller that was announced Monday.

Juan Roberto Romero Ascencio of Bellflower Calif., and his company, LA Investor Inc., which does business as “Local Records Office,” has agreed to stop marketing property deeds and real estate titles in Iowa and to stop collecting money.

The AG’s Consumer Protection Division investigated the company’s solicitations and charges to Iowans for property documents that are often readily available for free or a very small charge. During its probe, the division issued a consumer fraud subpoena and intercepted more than 50 forms — including checks — from Iowans responding to the mailings. The division expects to return the checks, along with letters of explanation, to the senders. Local Records Office is a business with no government affiliation or authority, and divisions officials note that homeowners can generally obtain certified copies of their deeds from their county recorder’s office for around $5, or in many counties obtain them online for free.

Miller noted that most homeowners do not need to have a deed on-hand anyway. As part of the agreement, the company and its owner deny wrongdoing but agree to the terms. Miller said that if any Iowan requests a refund and is refused, they should file a complaint by contacting the division at (888) 777-4590 or visit www.IowaAttorneyGeneral.gov.

Still a dime a sheep: The Iowa Department of Agriculture and Land Stewardship has certified the results from the recent Iowa sheep assessment referendum in which producers rejected increasing the 10 cent per head assessment to 25 cents.

Sheep producers also rejected allowing the Iowa Sheep and Wool Promotion Board to change the assessment rate by five cents every three years.

Quote of the day: “I believe that the Legislature should look at the qualifications and the knowledge that they bring to the Board of Regents and not make decisions based on political litmus tests.” – Gov. Terry Branstad talking about his appointees to the Board of Regents, which oversees state universities.

–Compiled by the Des Moines Bureau

By James Q. Lynch

The Gazette

DES MOINES – A state law enforcement officer investigating voter fraud has been called to active military duty, but the probe into alleged voting irregularities is continuing, according to the Secretary of State’s Office.

A second Division of Criminal Investigation agent has picked up the investigation called for by Secretary of State Matt Schultz. The first-term Republican has made fighting election fraud a priority. He is spending up to $280,000 for a DCI agent to investigate voter fraud for up to two years.

As a result of the agent being called to active duty in the National Guard, Chad Olson of the Secretary of State’s Office said charges of election misconduct have been dismissed against three Council Bluffs residents. Pottawattamie County Attorney Matt Wilber filed for dismissal, without prejudice, because the agent’s absence could have created issues with the rights of defendants for a speedy trial, Olson said.

“It’s a procedural issue, a procedural delay,” Olson said.

The charges may be refilled at a later date against Canadians Albert Harte-Maxwell and his wife, Linda, along with Maria Ayon-Fernandez, a citizen of Mexico. They were charged in September. All three are living in the U.S. legally, but prosecutors say they registered to vote without being U.S. citizens.

So far, 10 people have been charged in the investigation, he said, and some cases have been resolved.

The investigation will continue because the DCI has assigned another agent to the case, who already has filed charges in a couple of cases.

Olson expects announcements on more voter fraud cases, perhaps, yet this month.

Comments:  (319) 398-8375; james.lynch@sourcemedia.net

A roundup of legislative and Capitol news items of interest for Tuesday, March 12, 2013:

Rose Vasquez

Latinos lobby: LULAC – the League of United Latin American Citizens – Iowa chapter treated lawmakers to tamales and other treats as part of its first lobbying day at the Capitol.

LULAC, which has been involved in a number of issues for several years, is making a more concerted lobbying effort this year, Iowa LULAC Director Joe Enriquez Henry said after the breakfast meeting with lawmakers.

“We’ve been here before, but I don’t know why it’s taken us so long to do this,” Rose Vasquez, a former member of the Board of Regents and state Director of the Department of Human Rights from 1999-2003, said about the breakfast meeting.

LULAC, which was organized in 1929 and is the oldest Hispanic civil rights group in the U.S., is advocating for legislation, specifically in the areas of jobs, education and health care.

ALEC report: Progress Iowa and a coalition of good government groups released new report Tuesday that aims to show the undue influence of the American Legislative Exchange Council, often known by its acronym, ALEC.

The report “ALEC Exposed in Iowa” http://bit.ly/W6j53M tracks contributions made to Gov. Terry Branstad and state lawmakers from corporate Political Action Committees that whose corporate parents are or have been affiliated with ALEC. These companies include GlaxcoSmithKilne, Merck & Company and MidAmerican Energy.

“We’re calling ALEC out,” said Sen. Joe Bolkcom, D-Iowa City, who participated in a news conference where the report was released and also serves as president of the Progressive States Network.

Bolkcom says ALEC has “disproportionate influence” in Statehouses where they operate and the organization routinely drafts legislation that later gets introduced by sympathetic lawmakers although ALEC says it doesn’t lobby.

Rep. Todd Taylor

Overseeing the academy: Rep. Todd Taylor, D-Cedar Rapids, has been appointed to the Iowa Law Enforcement Academy Council by House Minority Leader Kevin McCarthy, D-Des Moines.

Taylor is the ranking Democrat in the Justice Systems Appropriations Subcommittee, which funds public safety, prisons, and the Judicial Branch.

The Iowa Law Enforcement Academy Council works maximize training opportunities, coordinate training and set necessary standards for the law enforcement service and the academy. It also establishes minimum standards for the training of jailers.

Tom Miller

Google settlement: Google Inc. Tuesday agreed to pay the state more than $115,000 for collecting private data from consumers’ unsecured wireless networks in Iowa and across the country while taking digital images for its “Street View” service.

Attorney General Tom Miller joined 37 other states and the District of Columbia in a $7 million settlement.

In 2007, Google installed equipment on its Street View cars to collect data about consumers’ wireless network access points for the purpose of improving its location-based services. The data collected, in some instances, included passwords, emails, and website addresses, or URLs, carried on unencrypted Wi-Fi networks.

“Google collected information from Iowans who didn’t give the company their permission to do so,” Miller said. “This settlement recognizes their rights to privacy.”

Iowa’s share of the settlement, $115,428, will go to the state’s consumer education and litigation fund.

Rob Grunewald

Early childhood education: A Federal Reserve Bank economist told Iowans at the Statehouse Tuesday that every dollar invested in pre-kindergarten education produces up to $16 in positive societal returns over the long term.

Rob Grunewald, who conducts regional economic research and co-authors the Minneapolis Fed’s “Beige Book” report on current economic conditions, spoke with lawmakers and advocates on the economic benefits of investing in early-childhood education. He said research shows that well-focused investments in early-childhood development yield high public returns. Taxpayers benefit through reduced need for social assistance, increased income tax revenue, less burden on the criminal justice system, and fewer children needing remedial education services, he said. Also, children who are school ready by age 5 are more likely to be productive in the workplace later in life.

“Early childhood development is economic development because it improves the quality of the future workforce and creates tremendous cost savings for society,” said Grunewald. “The costs of not investing in early childhood education are just too great to ignore.”

Medicaid expansion: The Iowa Hospital Association pointed to results of a new study to bolster support for a plan to expand Medicaid coverage to an estimated 115,000 uninsured Iowans.

A report prepared by Regional Economic Models, Inc. and George Washington University indicated that expanding Medicaid to non-elderly adults with family incomes up to 138 percent of the federal poverty level would add nearly $2.2 billion to Iowa’s economy over the next seven years and create more than 2,300 jobs.  In addition, expansion of the state’s Medicaid program, which is funded under the federal Affordable Care Act, would save the state more than $1.6 billion, according to the report.

“The first priority of Medicaid expansion is to insure as many low-income Iowans as possible,” said Kirk Norris, president and CEO of the Iowa Hospital Association — a voluntary membership organization representing hospital and health system interests to business, government and consumer audiences. “But this report also shows that Medicaid expansion is both economically beneficial and fiscally responsible.”

Radar-jamming bill OK’d:  Efforts to outlaw devices that jam law enforcement officers’ speed-detection equipment was approved 76-23 by the Iowa House.

Supported by representatives of law officers and prosecutors, HF 477 is similar to one that died in the Senate last month.

The legislation would prohibit the sale, operation or possession of a radar-jamming device that interferes with radar speed meters, laser speed meters or radio waves emitted by equipment that peace officers use to measure the speed of motor vehicles. A violation would be a simple misdemeanor punishable by a scheduled fine of $100 to sell, possess or operate a speed-detection jamming device in a vehicle operated on a highway in Iowa. The devices also would be subject to seizure by and forfeiture to law officers.

Rep. Daniel Lundby

Flood mitigation: Rep. Daniel Lundby, D-Marion, has been appointed to the Flood Mitigation Board by Iowa House Minority Leader Kevin McCarthy, D-Des Moines.

The board oversees new flood prevention projects or financial assistance related to flood mitigation projects including construction and reconstruction for improvement of watercourses for flood protection.

The Flood Mitigation board was created by the Legislature in 2012 to help cities take action to protect communities from future flooding. The board is administered by the Homeland Security and Emergency Management Division of the Department of Public Defense.

Sen. Mary Jo Wilhelm

Quote of the day: “It’s not the governor’s fault that he apparently has no idea what it is like to live in poverty. But, it is his fault that he is failing to help Iowans who do.” – Sen. Mary Jo Wilhelm, D-Cresco, during a floor speech on Gov. Terry Branstad’s opposition to expanding Medicaid coverage – comments that prompted Sen. David Johnson, R-Ocheyedan, to lambaste personal, partisan attacks.

–Compiled by the Des Moines Bureau

A roundup of legislative and Capitol news items of interest for Monday, March 11, 2013:

Mental health transition: The Senate Appropriations Committee unanimously approved an $11.6 million supplemental appropriations measure Monday that would provide transition money to 26 counties to help fund mental health programs through June 30.

Scott and Linn counties would pull down nearly 40 percent of the money being earmarked for counties having trouble meeting their Medicaid obligations as Iowa moves to a regional mental-health service delivery system. Scott County would get $2.4 million and Linn County would receive $2.2 million in transition funds this fiscal year to meet mental health obligations.

Lawmaker, counties and the state Department of Human Services have agreed to the transition funds. Sen. Joe Bolkcom, D-Iowa City, floor manager for HF 160, said he expects the bill will win Senate approval and head to the governor’s desk for his consideration.

Senate confirmations: Iowa senators voted 46-0 Monday to confirm 11 of Gov. Terry Branstad’s appointments to various state positions. Senators confirmed Nicholas Gerhart, 37, of Des Moines, as Iowa Insurance Commissioner, replacing Susan Voss who left the position earlier this year. Senators also confirmed former state Rep. Chuck Gipp, R-Decorah, as director of the state Department of Natural Resources and former state Rep. Steve Lukan, R-New Vienna, as the director of the Iowa Office of Drug Control Policy.

On another 46-0 vote, the Senate approved Robert Von Wolffradt as Iowa’s chief information officer and Jason Carlstrom as a member and chairperson of the Iowa Board of Parole. Also confirmed by the required two-thirds affirmative of the 50-member Senate were Leann Jacobsen and Timothy Peterson to the Iowa Technology Advisory Council; James Davidson, Kelly Rielly, and Carrie Tedore to the Vision Iowa Board; and Joanne Stockdale to the state Environmental Protection Commission.

Nude, but not nasty: The Iowa House approved HF 359 89-10 to give cities more power to regulate strip clubs. Cities would be allowed to enact ordinances prohibiting nudity in any establishment within their jurisdiction.

HF 359 clarifies that nude performances are not the same as sexually explicit “material,” which only can be regulated by the state. The distinction became necessary, lawmakers said, because the state Supreme Court ruled a year ago that live nude and nearly nude dancing was sexually explicit “material.”

The bill now goes to the Senate.

Iowa gets a C: Iowa ranked a C on the Sunlight Foundation’s Transparency Report Card on how well state legislative information is made available to the public.

Evaluated across six criteria, the Transparency Report Card judges legislative websites in relation to how government information is publicly available. Factors (and Iowa scores) were: completeness (0), timeliness (1), ease of electronic access (0), machine readability (-1), use of commonly owned standards (0) and permanence (2).

The report card, which, can be found at http://openstates.org/reportcard/, was based on the experience of the Sunlight Labs and a group of civic hacker volunteers who were collecting data from state websites across the country to build a comprehensive legislative database.

The Sunlight Foundation is a non-partisan non-profit that uses cutting-edge technology and ideas to make government transparent and accountable.

$15,637 a day: As a group, Iowa’s winning U.S. House candidates raised $15,637 a day during the two-year 2012 election cycle, according to a MapLight analysis of Federal Election Commission fundraising data.

Fourth District Republican Rep. Steve King was the top fundraiser, reporting $3,753,860 in contributions or $5,144 a day, according to MapLight. Republican Rep. Tom Latham raised $3,408,822 or $4,671, to defeat fellow incumbent, Democratic Rep. Leonard Boswell. First District Democratic Rep. Bruce Braley raised $2,687,005 or $3,682 per day and 2^nd District Democratic Rep. Dave Loebsack pulled in $1,562,540 or $2,141 a day for two years.

According to MapLight, on average, each House incumbent raised $1,689,580, an average of $2,315 every day of the 2012 cycle. Senators raised an average of $10,476,451 or $14,351 a day.

Business council backs ed reform: The non-partisan Iowa Business Council (IBC) is backing HF 215, calling the education reform package originally filed by the Governor’s Office its No. 1 priority for the legislative session.

“The time has arrived to be bold, courageous, and transformative in how education is delivered,” Stan Askren, chairman, president, and CEO of HNI Corporation in Muscatine and 2013 chairman of the Iowa Business Council, said Monday. “The state’s economic vitality and future rests on our ability to have a well-educated and prepared work force.”

The IBC is a non-partisan, non-profit organization whose 25 members are the top executives of 21 of the largest businesses in the state, the three Regent university presidents, and Iowa’s largest banking association.

For more, visit www.iowabusinesscouncil.org.

Scientific leaders: Adam Michael Zaccone of Harlan and Maya Frances Amjadi have been selected as the two most promising young scientific leaders in Iowa’s 2013 high school graduating class, Gov. Terry Branstad announced Monday.

They will participate in the National Youth Science Camp held near the National Radio Astronomy Observatory at Green Bank, West Virginia.

Alternates are: Dylan T. Beyhl, Davenport; Macy Lynnae Murray, Keokuk; Eva Shelton, Williamsburg; and Megan Marie Valentine, Dubuque.

The camp is an annual summer forum where students exchange ideas with leading scientists and other professionals from academic and corporate worlds. More information is available at www.nysf.com.

NCRC certification testing: Iowans will have an opportunity to advance along the pathway to career success by receiving a National Career Readiness Certificate. Interested individuals may take the test at 1 p.m. March 23 in Cedar Rapids, Davenport, Dubuque, Marshalltown and Waterloo. Individuals interested in testing must reserve a spot at the selected location.

The readiness certificate is a credential recognized across the country that students and workers use to demonstrate their workplace skills. The NCRC test measures several skills, including critical thinking and applied mathematics.

For more information, visit www.skillediowa.org. Testing locations and details are as follows: Cedar Rapids Human Services Campus Conference Center, 317 7th Ave. SE, Suite 401, To Register: (319) 365-9474; Davenport IowaWORKS Center, 902 West Kimberly Road Suite 51, To Register: (563) 445-3226; Dubuque IowaWORKS Center, 680 Main Street, 2nd Floor, To Register: (563) 556-5800; Marshalltown IowaWORKS Center, 3405 South Center Street, To Register: (641) 754-1400; and Waterloo IowaWORKS Center, 3420 University Avenue, Suite G, To Register (319) 235-2123.

Pig protest: Mercy for Animals and local animal rights activists have scheduled a demonstration outside a Des Moines Wal-Mart to protest the practice of confining pregnant sows to gestation crates.

Members of Chicago-based Mercy for Animals have traveled to Des Moines before to protest the use of gestation crates and to rally against the so-called “ag-gag” bill which prohibits the secret recording of farm operations.

The visit is part of the group’s national campaign against Wal-Mart for purchasing its meat from certain providers. More information a can be found at www.WalmartCruelty.com.

Teen videos: The Iowa Coalition Against Domestic Violence announced the winners of the Let Your Voice Be Heard video contest Monday. The winners were:

First: Aaron Hosman and Adhel Jok of Des Moines Central Academy The winning video can be found at:  http://youtu.be/4gFwbU2Vazs; Second: Clay Wetterling and Logan Hoelting of Melcher-Dallas. The second place video can be found at: http://youtu.be/2wp4BIFybZA; Third: Matthew Johnson, Lexi Crozier, and Austin Stackovich of Melcher-Dallas.

Latino legislative day: The Iowa League of United Latin American Citizens has scheduled March 12 as its first-ever Latino Legislative Day at the Iowa State Capitol. LULAC State Director Joe Enriquez Henry will speak, as well as American Civil Liberties Union of Iowa attorney Rita Bettis. Democratic Sens. Jack Hatch and Janet Petersen, both from Des Moines, also will speak to the group.

Shooting range: Legislation that would protect the Cedar Rapids Police Department’s outdoor shooting range from noise complaints from neighbors is on its way to Gov. Terry Branstad’s desk. The Iowa Senate voted 45-1 to approve HF 133 on Monday, with Sen. Mark Chelgren, R-Ottumwa, casting the lone “no” vote.

The bill previously passed the Iowa House by a 98-1 margin. The legislation was the outgrowth of a state Office of Citizens’ Aide/Ombudsman decision that the city’s outdoor shooting range at 2727 Old River Rd. SW violates a state law prohibiting a publicly owned shooting range to be within 200 yards of inhabited structures. The bill was one of 15 measures approved by senators on Monday afternoon.

Gift law update: Employees and officials in state government’s executive branch would be required to report gifts, bequests and honoraria that they might receive in excess of $100 from a paid lobbyist or other restricted donors during a calendar year under a bill that passed the Iowa Senate on a 46-0 vote Monday.

SF 121 requires monthly reporting if warranted. Iowa law allows government employees and officials to receive gifts and honoraria from restricted donors under certain circumstances, but currently there are no reporting requirements for fees or expenses paid for speaking engagements, trade missions or other functions. The bill covers the governor’s office, the state Board of Regents’ institutions, state boards and commissions and all executive-branch agencies.

A person who knowingly and intentionally violates the proposed reporting requirement could be convicted of a serious misdemeanor punishable by up to one year in jail and a fine of at least $315 but not more than $1,875.

Quote of the day: “It’s not a perfect bill, but what bill up here is?” Rep. Mary Wolfe, D-Clinton, speaking in support of HF 210, a bill related to the practices and procedures of the state public defender.

–Compiled by the Des Moines Bureau

DES MOINES – Gov. Terry Branstad on Friday denied an application for commutation from Harry Sisco.

Sisco, age 78, committed his crime on April 2, 1991, in Scott County. He is currently serving a life sentence for first-degree murder.