All bills must pass the House and Senate with the exact same language before it is sent to the governor.  Thus far, the House and Senate have passed separate versions on all budget bills except two.  The two which made it through to the Governor's desk were vetoed.  Think of running bills through the Legislature like running the Bix 7; the House has reached the finish line but can't cross until it joins hands with the Senate and receives permission from the Governor.  In a scenario like this, joining hands and gaining permission to take the last step may be more difficult than running the previous seven miles.

The main issue in the Senate is making sure enough runners stay on the track to find the finish line.  Over the last two years when the Senate was divided at 32-18 with Democrats in control, Majority Leader Gronstal could move forward even when some members deviated.  This year with the Senate Democrats having a 26-24 majority, any one member has the same power as the Majority Leader.  If one person walks on any issue, 25 votes does not make a majority.  Delays in the Senate are not due to partisan politics.  In fact, it is the exact opposite.  Senate Republicans are more than willing to help Senate Democrats end this session as soon as Senate Democrats finalize what bills they want to run.

One issue that no politician can shy away from is the budget.  Picture the General Fund as a bucket which only so much money can flow into.  When the bucket overflows, money falls into the Cash Reserve Fund and when that bucket overflows money ends in the Economic Emergency Fund.  The real debate between the House and Senate right now is over how many items can be stuffed into the General Fund and whether or not some items should be paid out of the Economic Emergency Fund and Cash Reserve Funds.  At the core of this debate is whether or not additional ongoing expenditures for items like education should be funded out of one-time money from accounts like the Economic Emergency Fund.  Here is a bigger question, if we do this, how do you pay for emergencies when the Mississippi and Wapsi flood?

Throw redistricting into this marathon we're running and let's hope some don't just walk off the track.  The redistricting plan, which passed the Senate on Thursday, immediately put thirty-one Senators up for re-election.  Attitudes and personalities change when politicians are thrown into the same district and are facing a new campaign season.  This is becoming the opposite of the "not in my back yard effect."  Nearly everyone has shopped at least one time at Wal-Mart, yet not very many people want Wal-Mart in their backyard.  In this scenario politicians are asking themselves, "What do I get in my back yard?"  At the end of the day, there will be districts and a representative form of government and politicians should stop worrying.

Thank you for letting me represent you at the Capitol.

Shawn Hamerlinck
State Senate District 42

After six weeks of session, the Iowa Senate started debating this week.  Two bills set the posturing stage and had more meaning in messaging than actual content of the legislation.  House File 45 was approved by the Iowa House in the second week of session with a projected cut in state spending of $500 million over three years.  This same bill was passed out of the Senate on Thursday with a projected cut in spending of $10 million over a three year period.  Though many believe this bill is destined for a conference committee showdown, it is more likely the bill is done.  Think of this bill as a form of messaging between the Republican majority in the House and the Democratic majority in the Senate and how they perceive each other's goals.  True government spending appears in appropriations bills.  Both sides understand a zero line item in House File 45 doesn't limit actual funding of a program in May.

The second posturing bill came in the establishment of allowable growth for education spending.  After the House previously approved zero percent allowable growth the Senate on Wednesday passed allowable growth at 2%.  Knowing the establishment of an allowable growth rate at any percent in February is superficial to the actual appropriation which the legislature makes in May I asked the Senate Appropriations Chair to explain how we plan to fund education this year at any level. My line of questioning was shut down by the Senate President citing, the state's future ability to pay is irrelevant to the establishment of a promise to pay today.  This idea makes complete sense, only when you don't think about it.  Though this bill is destined for a conference committee showdown, only through appropriations will we see how much the state picks up and how much falls on local property taxpayers.

The Senate moved in a positive direction in debate Thursday afternoon when we unanimously approved Senate File 209 which called for the full coupling of the Iowa Tax Code with the Federal Tax Code.  This bill allows Iowa taxpayers to deduct items on their state income tax filings similar to their federal filings. Think of it as a nearly $200 million savings to taxpayers.  Though it does not take effect until you do your taxes next year, it is still a positive move for keeping more money in your hands.

On a side note, the buzz has started over redistricting.  The conference board members are set, census data is out and maps will soon be drawn.  I have not grown as curious or apprehensive about changes as many of my colleagues.  I have no doubt I may lose half my district or even more.  Be proud in the fact Iowa is an exemplar in setting districts; politicians don't get to make this decision.

Shawn Hamerlinck
State Senate District 42

Iowa funds K-12 education through a funding formula referred to as allowable growth.  Think of allowable growth as a percentage of change of the base amount of state aid offered for the education of each student in the state.  In reality, the vote for or against allowable growth is many times more complicated and it is debatable whether or not those who vote on the bills understand the full implications.

Though there are many variables, think of the state as funding roughly $5800 per student who attends our public k-12 schools.  House Republicans have announced, through House File 185, their intentions of funding this amount at 0% allowable growth which means this number will not change.  Senate Democrats in Senate File 166 and Senate File 167 have approved, through the committee process, that this number should be increased by 2%.

A short look at history shows how legislative promises in February failed to come to fruition after school districts certified their budgets in April.  In FY 2009 the legislature approved 4% allowable growth then after the realization of overspending, the Governor cut state expenditures across the board by 1.5% resulting in a$32 million cut to schools.  In FY 2010 the legislature again approved a 4% allowable growth promising schools increases then realized due to over spending they cut the expenditure in May by $31 million and in October of the same year Governor Culver cut state expenditures to schools by another $238 million.  In FY 2011 schools were promised 2% allowable growth in February then cut in May by $156 million.

No matter where you stand on the issue, there is a realistic problem between the funds which are promised and the follow through of the legislature.  In the past four years our schools have had $459.7 million taken away from them resulting in $445.6 million of that spending authority falling on your property taxes.

Each year allowable growth is a political football which offers two weeks of media sound-bites.  Somewhere in the noise you will hear our local school leaders pushing common sense requests.  If the legislature promises something then follow through.  If the legislature mandates something, pay for it.  If the legislature appropriates money in February, make sure it really has the money in May.

While in the subcommittee on the 2% allowable growth bills I asked where the additional $64 million appropriation and backfill $266 million would be coming from.  One of the floor managers of the bill said, "Maybe cash reserve," and the other gave the most honest answer, "I don't know."  While you ponder this issue also take into consideration Iowa's top three expenditures of Medicaid, school aid and salaries will eclipse total revenues to the state in FY 2013.

Shawn Hamerlinck
State Senate District 42

Think of the difficult cuts which are being made now as a stepping stone to setting Iowa on track to a solid fiscal future.  The Governor's budget is not a step-by-step manual for eliminating a deficit but rather a starting point for discussion.  It is highly unlikely the budget Governor Brandstad presented on Thursday will be the same one he will sign at the end of the legislative session.

The legislature has three possible responses to our budget deficit: raise taxes, find efficiencies or cut nonessential programing.  This past week I have been asked by a number of special interest groups to increase the sales tax by half a percent because it is "no big deal" and "no one would notice."  The sheer audacity of those making those statements is almost as scary as the actual concept of a tax increase right now.  I wonder if those who believe the state should just keep spending actually understand the pressure many Iowan's feel right now.  Most people can't fill up a tank of gas or buy a week's worth of groceries for less than $50.  The long-term answer is not found in, "simply finding new revenue for the state."

It is a wonder how some politicians can avoid recognizing structural deficits and continue to spend as if the problem will just go away.  I heard on many occasions that we have one billion dollars in unspent money so we can save programing.  This claim is correct, as long as you don't recognized the $1.7 billion in programing you promised to fund with only the $1 billion you claim to have.  Apparently basic math doesn't count when politically, you really want something.

For the last two weeks, each department has promoted their programing by saying, "for every dollar you spend with us, you will get seven in return."   If true, with so much return on investment then why are we in debt?  When I ask this question I am quickly informed the state would be further in debt if we didn't fund these programs originally.  By the rationale of this claim, the state would have been $32.6 billion in the hole if we weren't "getting seven in return."  At some point we have to turn on the reality switch.

In these meetings I think about the silent majority: A group which doesn't belong to an association or have a paid lobbyist.  They are a group of Iowans willing to pay taxes with the expectation that those dollars are being used responsibly.  This group is willing to chip-in and help out but they don't want to be used as simply a checking account.

As Iowa begins correcting its budget problem I am growing concerned of Congress's willingness to negotiate plans for three states to declare bankruptcy.  Legislators in these states have offered no roadmap for improving their budgets.  Politicians either refuse to accept the reality of their budgets or spending has become an addiction to them.  Ultimately, taxpayers in states like Iowa will foot the bill for bailing out states with politicians who forgot there is a "no" button right next to the "yea" button.

Senator Shawn Hamerlinck

District 42

DIXON - After recent headlines of a court ruling in California that protects lying about military honors, Senator Shawn Hamerlinck (R-Dixon) filed legislation this week that prevents disingenuous Iowans from lying in order to profit from prestigious military awards, such as the Purple Heart.

In 2006 Congress passed the Stolen Valor Act which made it a federal crime to lie about receiving medals of honors from the United States military. On August 17th the Ninth Circuit Court of Appeals in California ruled the Stolen Valor Act unconstitutional in a 2-1 vote citing it violates the First Amendment. The case is being appealed to the Supreme Court.

Appeals Judge Milan D. Smith wrote if the courts upheld the law, "then there would be no constitutional bar to criminalizing lying about one's height, weight, age or financial status on Match.com or Facebook, or falsely representing to one's mother that one does not smoke, drink alcoholic beverages, is a virgin, or has not exceeded the speed limit while driving on the freeway.  The sad fact is, most people lie about some aspects of their lives from time to time."

"If upheld as it currently stands, it becomes acceptable for individuals to lie about military service and honors of valor in order to profit in some way," stated Senator Shawn Hamerlinck (R-Dixon). "Demeaning the Congressional Metal of Honor, Navy Cross, Silver Star and Purple Heart to the weight recorded on a driver's license is appalling."

Per capita, Iowa has more active duty soldiers currently deployed than another other state in the nation. "In Iowa, those who volunteer for service are held at a higher regard than the credit offered by the Ninth Circuit Court of Appeals in California," Hamerlinck went on to say.  "Knowing that the U.S. Supreme Court process could take another two years, I have filed a Stolen Valor Act in Iowa and am confident that it will be embraced by the Legislature and win approval in the upcoming session."

###