The Rozenboom Report by Senator Ken Rozenboom – February 14th, 2020

by Ken Rozenboom

Next week is our first legislative deadline of the year, commonly called the first funnel, which means that bills must pass out of committee by next Friday, February 21, if they are to remain eligible for consideration this year. This deadline does not apply to bills in the Appropriations, Ways and Means, and Government Oversight committees.

On Thursday, we moved several bills out of the Senate Natural Resources and Environment committee, which I chair, including the confirmation of Kayla Lyon as the new Director of the Iowa Department of Natural Resources. I hope to finish up a few more bills in committee by next Friday, making them eligible for consideration by the full Senate.

The Senate Judiciary Committee moved forward with a bill regarding the restoration of voting rights for felons. This bill, Senate File 2129, is separate from a constitutional amendment that has been proposed, and would apply only if the constitutional amendment is adopted. Under this bill, convicted felons would have their voting rights restored if and when that person completes his or her sentence, parole, and probation, and pays all victim restitution. This does not include courts costs, fines or fees. It creates exemptions for automatic restoration of voting rights for those who have committed crimes like murder and rape. These people would still need to apply to the governor’s office to have their voting rights restored.

This Thursday the full Senate debated a constitutional amendment, SJR 2001. This proposal allows the people of Iowa, not unelected judges, to make changes to the Iowa Constitution. In recent years Iowa became known as the most pro-life state in the union because your elected representatives passed legislation to protect the unborn baby. In 2017, the Iowa legislature said that abortions could not be performed after 20 weeks gestation, and required a 72-hour waiting period. In 2018 the Iowa legislature passed the “Heartbeat Law”, prohibiting abortion if a heartbeat could be detected. Both measures became Iowa law when signed by the Governor.

Meanwhile, in June 2018, Iowa’s Supreme Court issued a ruling on the 72-hour waiting period for abortions. The Court declared that “implicit in the concept of ordered liberty” there was a “fundamental right” to abortion in the Iowa Constitution. The 5-2 opinion said that Iowa’s Supreme Court judges have now “freed ourselves from the private views of the Constitution’s founders” and that the Constitution can now be interpreted according to “prevailing and evolving standards”. I find those words to be appalling!

In effect, the Iowa Supreme Court gave themselves the power to amend the Iowa Constitution without a vote of the people or even of their elected representatives. This debate obviously is focused on the contentious issue of abortion. However, the real question in this debate is who has the power to change the Iowa Constitution. I believe that power rests only with the people, not with unelected judges. That is why Republicans are working to pass this constitutional amendment that makes the simple statement “that this Constitution shall not be construed to recognize, grant or secure a right to abortion or to requires the public funding of abortion”. This position is not radical in any sense; this kind of “neutrality” amendment simply restores the legislature’s (elected by the people) right to regulate abortion.

This is the language approved by the Senate on Thursday, on a 32-18 party line vote. Procedurally, this proposed constitutional amendment will have to pass the Iowa House this year, and then will have to pass in both the House and Senate chambers again in the 89th General Assembly (2021 and 2022). It would then would be placed on the ballot for ratification by the people of Iowa in November of 2022.

Many other pieces of legislation are working through the process of course, some of major importance, along with a lot of mundane (and sometimes boring) bills. Please stay in touch with me on those matters that are important to you.