Update Iowa Eminent Domain bill HF603

After the time, effort, and tenacity the work that Rep. Jeff Kaufmann and Rep. Kim Pearson did to assist HF603 to pass 91-6 in the Iowa House the bill’s future in now in peril. Here is a letter written by a Clarke County landowner:

Dear Senators,

I understand that HF603 must pass through the Senate Judiciary Committee before it can reach the Senate floor, I am asking you to please support this bill and bring it to the attention of the whole Senate.  This bill gives further clarification of the will of Iowans as shown in the 2006 special session concerning the careless use of eminent domain for projects labeled ‘for the public good’.

It passed out of the House on Tuesday of this week with broad bipartisan support.

Loop holes have been found and are being abused especially in regards to the lake language of the original 2006 legislation.  This has been evident in the headlong pursuit by a local commission for an over-sized recreation lake/water supply in Clarke County located in southern Iowa.

Because the loopholes have been exposed, unless the Senate moves to restrict these, other projects will utilize them in the future.  Clarke county only happens to be the first and in the process of doing so right now.

The Clarke County Reservoir Commission secured the required studies of the 2006 legislation but provided faulty input to the engineering companies preparing them. This local commission has allowed and encouraged those companies to inflate projected population growth, commercial growth, water need and to distort the cost and feasibility of other alternatives such as a pipeline by adding a separate recreation lake to the studied pipeline alternative.

Inflated water need has allowed them to plan for a much larger lake, more suitable for recreation, than would actually be necessary to meet reasonable projections and genuine water supply needs.

They have flagrantly included provision for recreation factors in excess of $5 million in the Draft Plan completed for this project by the Natural Resources Conservation Service.

Those recreation amenities include fishing piers, camping facilities for modern RVs and modern tent, 4 boat ramps, 9 fishing jetties, multiple Restroom Facilities w/ flush toilets, showers, disabled accessible,  four 24 X 36′ shelters, many grills and picnic tables, a 10′ wide concrete trail, a 300′ Beach, with Modern Restroom facilities and several multiple space concrete parking lots.

Iowa Law does not allow the condemnation of private property for recreation lakes.  Please uphold the spirit of the 2006 Eminent Domain legislation by insuring that these loop holes are closed.

HF 603 must move from the Senate Judiciary Committee to be taken up by the Senate. It appears that a very few people hold the fate of this bill in their power. Senator Dvorsky specifically will need to support the bill to advance to the entire Senate. Here is contact information:

Senate Switchboard: 515-281-3371

Mailing address:
State Senator Bob Dvorsky
Iowa Statehouse
Des Moines, IA 50319

E-mail:
Bob.Dvorsky@legis.state.ia.us

Clarke County landowners need Iowans to take a stand for them.

The time is now.

Walk in their shoes. Imagine life with the threat of your home, farm, business being under the menace of Eminent Domain. Take the time to support efforts to strengthen the current Eminent Domain legislation.

Do it today.

Rep. Tom Shaw: SUPPOSEDLY “PRO-LIFE” “FETAL PAIN” BILL IS WORSE THAN ROE V. WADE

The proper question is not “do they feel pain?” It is “are they a person?”

FOR IMMEDIATE RELEASE

Contact: Representative Tom Shaw

tom.shaw@legis.state.ia.us

March 28, 2011

State Representative Tom Shaw has issued the following statement:

Having come under political fire for my firm opposition to House File 5, commonly known as the “fetal pain” bill, even from some in my own party, I feel the need to clearly explain to my constituents in District 8, and to my fellow Iowans, exactly why I have taken this stand.

Thirty eight years ago, the U.S. Supreme Court rendered the worst decision in American history, Roe v. Wade, leading to the destruction of upwards of fifty million innocent children in this country alone. On what basis was this horrific decision made? That the child in the womb is not a person. The court dehumanized an entire class of human beings based solely on their stage of development.

But even Justice Harry A. Blackmun, in the text of the court’s majority opinion, openly admitted that if the fetus is a person, “of course” they are protected by the provisions of the Fourteenth Amendment.

Here is what that Amendment, which is part of the Constitution we all swore to uphold and defend, says:

“No State shall deprive any person of life without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”

The authors of HF 5, which is being brought before the Iowa House, admit in the language of the bill that the fetus, or child, is a person. They admit that life begins at conception. And yet they allow this person to be killed.

Asking whether or not the child can feel pain is not even the right question, any more than it would be if the subject of the legislation were a paraplegic, or a child or adult who is under sedation. The proper and only question is whether or not this is a person. If they are a person, as every bit of modern science clearly indicates them to be, they must be protected by those who are sworn to protect them.

Article I, Section 1, of the Iowa Constitution:

“All men are, by nature, free and equal, and have certain inalienable rights – among which are those of enjoying and defending life and liberty, acquiring, possessing and protecting property, and pursuing and obtaining safety and happiness.”

Article I, Section 2:

“Government is instituted for the protection, security, and benefit of the people.…”

Article I, Section 6:

“All laws of a general nature shall have a uniform operation; the General Assembly shall not grant to any citizen, or class of citizens, privileges or immunities, which, upon the same terms shall not equally belong to all citizens.”

Both the U.S. and Iowa constitutions imperatively demand the protection of the right to life of every innocent person, and require that every person enjoy the equal protection of the laws.  The law must be equally applied.  I swore an oath before God to do so, as I am required to do, as did all of my colleagues.

The language of House File 5 condemns itself. This is ill-conceived legislation that is both immoral and internally self-contradictory. It is clearly unconstitutional. However well-meaning, it can only lead to further destruction of thousands more innocent, currently defenseless, Iowa children and the further erosion of the sacred principles upon which we premise republican self-government and our claim to liberty in our state and in our country.

For the last 26 years the Republican Party’s national platform has recognized the personhood of all children in the womb, and their protection by the Fourteenth Amendment. I intend to continue to keep my pledge to those who elected me by doing everything I can to see that principled position implemented in the Iowa Legislature and in the laws of our great State.

Investigate US Department of Homeland Security

For an emergency management department to operate effectively it must earn and maintain the trust of the public to which they serve. This means that operations must be conducted in a transparent and open manner devoid of the corrupting influence of politics. And for the most part, this is usually the case. However when the planners at the Pottawatomie County Emergency Management Department devised their most recent training exercise, they not only failed in this endeavor, they have failed miserably.

Earlier this week when the Pottawatomie County Emergency Management Department, in conjunction the US Department of Homeland Security, announced a planned emergency training event they could not have known they would initiate a firestorm of criticism. The problem that the department ran into was not the fact that they were going to host this event; the problem was that the individual(s) involved in planning this event injected a heated political issue into the event.

The scenario that was incorporated into the training events background information involved two white teenage males that were staunch opponents of illegal immigration as well as firearms enthusiasts. The scenario that was laid out has these two students enter the school where they proceeded to begin opening fire on minority students. Essentially what this scenario is telling people involved is that if you someone is opposed to illegal immigration they are a white supremacist. Also they are telling people that if you are a firearm enthusiast you are a dangerous extremist that needs to be watched and feared.

According to a press release published Friday March 25, 2011 the Pottawatomie County Emergency Management Agency asserts that they were only using the planned scenario in order to get additional funding from the Department of Homeland Security. So this begs the question, is the Department of Homeland Security intentionally forcing emergency management agencies to train their personnel to into believing law abiding US citizens are the most dangerous threat to our nations security? Which leads me to another question is it time to develop some sort of civilian oversight of this national security agency? Or is it time to disband the Department of Homeland Security?

At the local level the fact that planners in Pottawatomie County felt they needed to acquiesce to DHS head Janet Napolitano’s innermost desires is quite telling. They were willing to commit the resources of all the agencies taking part in the training exercise to playing out the fantasy of a federal department head that has already labeled our returning veterans as right wing extremists. The county officials in Pottawatomie County need to take a step back and reassess their counties priorities. I understand that there is a very real need to secure the county to assure the safety of its residents. But the question that they need to ask themselves is whether they need to do that at the expense of alienating those that they are tasked with protecting?

After the controversy erupted into a national scandal the Des Moines Register’s William Petrowski spoke with Pottawatomie County Emergency Management planner Craig Reed. Mr. Reed asserts that the recently canceled training event was never intended to be political in nature. It is entirely probably that Mr. Reed’s assertions are correct, that the County never intended to inject political ideology into the training scenario. Unfortunately it is here that the planners of the event failed. Not only has politics been injected into the scenario, but the planners have failed to see that this is the case. County officials would do well to initiate a probe into this event to determine whether Reed’s assertions were accurate. If it turns out that the planners intentionally inserted this controversial political issue into the training program the county needs take appropriate disciplinary actions against the perpetrators. Additionally they would do well to initiate a study to determine just where the planners went wrong so as to prevent this type of situation from ever happening again.

HF 5 Press Release from Tom Shaw

Tom Shaw

Press Release:

March 17, 2011

Representatives Tom Shaw, Glen Massie, Kim Pearson

Contact: tom.shaw@legis.state.ia.us

FOR IMMEDIATE RELEASE

“This morning House File 5 was voted out of the House Government Oversight Subcommittee. The bill is aimed at stopping abortions after 20 weeks. HF 5 does not protect innocent life from conception. This violates Article 1 of Iowa’s Constitution and we do not have the authority to legislate away an inalienable right. We do not support HF 5.”

The Art of Exaggeration

For the better part of the last month there has been a lot of comments misrepresenting and distorting the facts of House File 525. We have seen Democratic leadership as well as union leadership distort and misrepresent the bill for their own partisan political gain. I understand that this is the nature of the beast, but the opponents of the bill could have at least spoken about it accurately.

On March 3rd Iowa House Minority Leader Kevin McCarthy stated, and I quote, “It is our intent to have our voices heard and to make Iowans know the bill that’s moving forward ends our collective bargaining system in Iowa.” This is quite a statement from the leader of the Iowa House Democrats. On March 8th South Central Iowa Federation of Labor President Mark Cooper also falsely asserts that HF 525 would end collective bargaining with this statement, “This is about the right for workers to be able to bargain in the workplace. That is what this is about. It’s not about economics.” Obviously both McCarthy and Cooper have never read the bill. If they had they would realize that this bill is not stripping away the rights of public employees to collectively bargain. All it really does is reform the law in a manner that eliminates some of the concerns that many Iowan’s have had with it. Of course there is the possibility that these two have read it, but are intentionally distorting and misrepresenting the facts of the bill for their own partisan political gain.

In an editorial in the The Daily Nonpareil Mike Hansen, President of AFSCME Retiree Chapter 61 wrote that House File 525 would “destroy mandatory arbitration, collective bargaining, unions, and the middle class.” Contrary to what Mr. Hansen would have you believe, this bill does not end mandatory arbitration. Instead what it does is enable the arbitrator to make an attempt to reach a compromise when the two parties in the negotiations reach an impasse. Furthermore it would prevent an administration from tying the hands of an incoming administration in the way that former Iowa Governor Chet Culver did after his November election loss. And contrary to Mr. Hansen’s assertions, I can assure you that House File 525 will not end collective bargaining in Iowa. The only thing that House File 525 would accomplish is to reform Iowa’s collective bargaining laws, some of which even organized labor and the Democrats have complained about. Rest assured that should the Iowa Senate pass this bill, and should Governor Terry Branstad sign the bill into law, organized labor will continue to exist in the State of Iowa. And another false assertion made by Mr. Hansen is that passage of this bill will destroy the middle class in Iowa. Again his assertion is that the middle class are union members. He doesn’t seem to consider the fact that the middle class has and will continue to exist with or without the help of organized labor. I can point to many members of Iowa’s middle class that are not represented by a labor union.

After the Iowa House passed HF 525 the Iowa House Minority Leader once again aired his ignorance once again by proclaiming that “Like Wisconsin, Republicans in Iowa will stop at nothing to take away rights from police officers, fire fighters , state troopers, teachers, correctional officers and other hard-working Iowan’s. This bill to end collective bargaining is worse than the bill approved in Wisconsin earlier today.” As I explained in my comments above, contrary to Representative McCarthy’s over exaggeration this bill does NOT end collective bargaining. Iowan’s collective bargaining will not end with the implementation of this bill.

You can see the impact all of this over exaggeration has had on the average Iowan when they themselves end up propagating the exaggerations and misrepresentations the Democrats and the union leaders espouse. Chrisina Manual of Des Moines remarked that, “It’s like, come on, don’t take everything away from us, all our rights.” Of course this sentiment is based on the extreme misrepresentation of people like House Minority Leader Kevin McCarthy.

Ultimately I believe that the general population of Iowa can and will see through the distortions coming from opponents of HF 525. I believe that they will see opposition to 525 as nothing more than a desperate attempt to continue holding the state government hostage to public employee unions in Iowa. And I am confident that if Senate Majority Leader Mike Gronstal refuses to allow debate on the bill the electorate will hold him accountable in 2012.

A Plea For Personhood by Brian Donegan

To the Iowa State Legislature,

 

My name is Brian Donegan.  I am a 28 year old citizen of Lawrenceville, GA (a suburb of Atlanta).  I am writing to ask you to bring to the floor and pass a Personhood bill.  Usually I would not stick my head into other state’s legislative affairs but this issue is way too important for me not to act upon.

I was born on September 19th, 1982 at Dekalb Medical Center in Decatur, Georgia.  I was born legally blind, with a bilateral cleft lip and palate, without a physical nose on my face, and many other birth defects that I like to call blessings.  After my birth I was tested for every disease and disorder known to mankind.  All of those tests came out negative.

Despite those results, my doctors and nurses told my parents I would not live six weeks.  If I somehow lived past those six weeks they said I would be practically a vegetable.  Despite those long odds, my parents decided to love me, care for me, and support me as long as I was alive.

After one month in the hospital, I was discharged and allowed to go home for the very first time.  I was baptized on All Saints Sunday at St. Andrews Presbyterian Church.  I had beaten the “six weeks” odds but the fight was not over.

In November of 1982 I developed pneumonia.  With as many challenges as I faced, it necessitated a return to the hospital on November 13th.  However once I was admitted things went from bad, to worse.  My heart began to fail and my skin started to turn blue due to lack of oxygen.

Just after Thanksgiving I underwent emergency life-saving surgery (the first of over 15 surgeries I have had in my short lifetime).  Thanks to the skill of my doctors, nurses, and surgeons, the love of my family, and the blessings of our Lord Jesus Christ, the surgery was successful and I am still alive.

Despite the long odds I faced at birth, I am now 28 and a half years old and have graduated High school and college.  I am very blessed by God in many ways and each new day I am alive is like opening a brightly wrapped present on Christmas morning.

If I ever need a reminder of how precious life is and how blessed I am all I have to do is turn my right wrist.  Below my hand is a scar.  That scar is left from the emergency IV that had to be placed there in November of 1982 when the doctors could not find a vein to stick the needle into.  That scar is a living, breathing reminder of how precious life is, and why we should promote a culture of life in this Nation.

I don’t pretend to be a source of knowledge of the complexities of the miracle of child birth. I’m a man, not a woman. I understand that there are emotions and feelings that I cannot comprehend. In addition, I realize that there are  women who would like the right to choose. I’m not heartless. Has it ever occurred to anyone out there that when a fetus is aborted, a woman may be exercising her right to choose but there is a life that stands in the balance that has no choice in the matter?

While others may disagree the facts are plain as day to me. Life begins at conception. God has a plan for each life that is conceived. Fulfilled an un-born fetus could grow up to be the next Einstein, the next President, or the next Elvis Presley. The unborn child could go on to find the cure for Cancer, AIDS, maybe even Muscular Dystrophy. Not allowing an unborn fetus to fulfill the plan God has laid, in my eyes, is murder in the worst degree. Why? The life held in the balance has no choice whatsoever.

Why must a Culture of life be promoted in America?  The alternative is not pretty. Let’s go in the wayback machine to the 1930’s in Europe. The Nazi culture of death led to the Holocaust. There is a lot made of the many brutal and senseless murders of millions of Jewish people. However, the Nazis didn’t stop there. Also murdered were people of other races, creeds, colors, sexual orientations, and those with disabilities..

I’m not trying to say that a culture of death is going to result in a 2nd Holocaust in the same manner. There is nothing that can compare to the tactics of the brutal Nazi’s led by Adolph Hitler. It is meant as a lesson that we should take to heart. A culture of life will cause people to prevent even a remote similarity from occurring. Due to the technology today, mothers have access to many tests to get a glimpse at what their children may turn out to become right out of the womb and how healthy he/she will be.

Living in a culture of life, the chances are better that parents will continue with the process, even if the tests come out with results that are sobering. A culture of death will result in more abortions and children being killed off without a choice once they are born with severe disabilities and birth defects.

Why Iowa and why now?  With every Presidential election cycle starting in Iowa America looks toward the Hawkeye State for leadership.  Everything that happens in Iowa is magnified.  If Iowa establishes Personhood and protects innocent life from conception to natural death other states will follow suit.

When our Founding Fathers declared us free from British rule in 1776, they wrote in the Declaration of Independence:

“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain inalienable Rights, that among these are the right to Life, Liberty, and the pursuit of Happiness.”

As Americans we have a right to life.  Please protect that right by passing Personhood.

 

Sincerely,

 

Brian Donegan

-Lawrenceville, GA

 

Successful day for ISU College Republicans

The Iowa State College Republicans showed that they were a force to be reckoned with when their group gathered at the Iowa State House for Regents Day. Armed with information, signs, Iowa State Daily newspapers and passion the group immediately stood out from the crowd that gathered on the second floor rotunda.

Bus loads of college students and other supporters also gathered to lobby against proposed cuts to the Regent Universities’ budgets complete with buttons that said “Stop the Cuts.” And while this group lined up for a photo op on the House Chamber Floor the ISU College Republicans continued to give interviews with numerous media outlets and speaking with Representatives Jeff Kaufmann, Linda Upmeyer, Kim Pearson, Tom Shaw, Dave Deyoe and others who had made the effort to meet with the Republican group.

According to an article in The Iowa State Daily “this issue was not a political Republicans vs. Democrats fight until Mr. Pals made it one.” Today, in spite of the lobby training tips shared with ISU students by Beth Wessel-Kroeschell, Lisa Heddens and Herman Quirmbach and the Iowa State Ambassadors, Logan Pals and the ISU College Republicans were successful in getting their voices heard.

The debate about budget cuts will continue but with more opinions in the mix. Mr. Pals has taken a lot of criticism from his peers and others but because of his time and attention we are all called to do what the Iowa State Daily recommends: “consider writing to your local representatives to tell them how you feel about the potential cuts. It’s just one more way you can make your voices heard.”  Good advice, not only for students but for taxpayers and those that understand the ISU College Republican sign that said “You can’t spend what you don’t have.”

Shaw: “ISEA President Bern Must Resign”

FOR IMMEDIATE RELEASE:  Saturday, March 5, 2011

Contact:  Tom Shaw (712) 841-7691

tom.shaw@legis.state.ia.us

 

Representative Tom W. Shaw:  ISEA President Must Resign

 

As reported in the Des Moines Register, Chris Bern, President of the Iowa State Education Association was arrested on December 17, 2010 for Operating While Intoxicated.  The December arrest was the second time of being charged with OWI.  He is currently serving a three day jail sentence.

 

The membership of the ISEA should demand that Bern resign.  His irresponsible and dangerous actions, on two occasions, directly put children in extreme danger.  He has set a horrendous example to both the Association and the children they serve.

 

Tom W. Shaw

State Representative

Iowa House District 8

 

Huckabee Magic in Iowa

Mike Huckabee recently spent two days traveling Iowa on a bus tour to promote his new book “A Simple Government.” National and local media and bloggers have written about Huckabee’s time in Iowa. There has been speculation if Huckabee will be a Republican candidate, if and when he would announce his candidacy, if he could beat President Obama, etc. While I have enjoyed the extra press that Huckabee received what I wish to focus on is what occurred at each of the six bus stops in Iowa.

The lines to see Mike Huckabee to have one or more books signed started to form early with Iowans of all ages winding through aisles of books or boxes of groceries in eager anticipation of meeting Mike Huckabee. His fans were wearing Huckabee T-shirts, 2008 campaign buttons and some had homemade signs of support that read “Chuck Norris Approved”, “President Huckabee” and other slogans to encourage Gov. Huckabee to make another run for the White House.

From what I witnessed at each stop Iowans were thrilled to have the opportunity to see Gov. Huckabee. The people snapped up Huckabee 2012 bumper stickers and other information shared about Gov. Huckabee. After having their books signed many people stayed around to watch and listen to the media ask Huckabee questions that later would be turned in to news articles or appear on the evening news.

Mike Huckabee was at his best in what I like to call ‘Huckabee Magic.’ A warm greeting, friendly smile, a few words exchanged, a fast photo op and the line kept moving. I was especially impressed with the number of students who came to meet Huckabee at the University of Iowa bus stop. It was obvious that the University of Iowa College Republican group had done a terrific job promoting the bus stop in Iowa City. One student asked for the book to be signed for her dad. Groups of students wanted their picture taken with Governor Huckabee. With each student Huckabee would inquire about what they were majoring in and offer encouragement.

The Huckabee bus has rolled on to other states now and from the reports I have been reading many other Americans are experiencing the Huckabee Magic. For now Huckabee supporters wait for the green light to work our grassroots magic if and when we have our favorite candidate to promote and assist. Believe me, we will be ready!

The book A Simple Government highlights the “twelve things we really need from Washington to get the country back on the right track.”  Huckabee supporters agree on one more ‘essential truth’ – we need a President Huckabee.

End the Genocide of Abortion; Support HF 153

“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain inalienable Rights, that among these are the right to Life, Liberty, and the pursuit of Happiness.”

In 1776 the founders of our great nation embarked upon a historic journey that would free our land from the tyrannical rule of a cruel British monarch. It was the beginning of what could, quite frankly, be called a Cinderella story as an untrained militia battled and defeated the most powerful military force of its time securing freedom and liberty for all future generations. Our nation has had its rough spots from slavery to exploitation of uneducated workers. But as citizen’s we have worked hard to redeem ourselves from past wrongs. This is why I am so flabbergasted that as a nation we have allowed the wholesale slaughter of innocent Americans to go on for so long. I find it hard to believe that a nation that has worked so hard as ours has to erase the wrongs of slavery and racism from our shores could in good conscience allow what can only be considered the genocide of millions of American citizen’s to continue.

Of course I am talking about the tragedy of abortion. Over the years since the ruling of the United States Supreme Court in the case of Roe v. Wade, millions of women have aborted their child for no reason other than convenience. They end the life of their child so they won’t be burdened with a child. They unceremoniously kill another human being so that they won’t have to bear the consequences of their own reckless actions. And in the process the basic rights of every individual as referenced by the Declaration of Independence has been denied to millions of citizen’s simply because they cannot speak for themselves.

This is why I feel it is important for the Iowa House of Representatives to act on House File 153. Iowa House Republicans must, absolutely must, summon the courage to do the morally correct thing. They need to move this bill out of the committee that it is currently languishing in. They must move to vote on House File 153 in the full chamber as soon as it is possible to. They must pass the full bill on to the Iowa Senate without watering down the language or the principle behind the bill. They must act in order to end the needless slaughter of innocents.

How can we as American’s lay claim to being a civilized nation when we allow the death of our nation’s most vulnerable citizens? As a nation we have ended tens of millions of lives on the altar of convenience. We allow the deaths to continue under the guise of women’s health care. Ladies and gentleman, Adolph Hitler would have been proud.

I have heard many excuses for not supporting this legislation. And they are just that, excuses. And they are excuses that don’t hold water.

I have been told that it is a waste of time to support the bill because Senate Majority Leader Mike Gronstal would never let it see the light of day in the Iowa Senate. And while this may be true, how can we not fight to save an innocent life? How can we not do everything that we can to end the genocide?

I have been told that it is a waste of time to push this bill through because it will never survive the scrutiny of judicial review. Once again I say to the naysayer, how can we night fight for the precious and innocent lives ended by abortion? How can we say that political pragmatism is more important than saving those that cannot speak for themselves?

I have been told that it is a women’s right to choose what she does to her body. To this I say, but does she have the right to destroy the body that she created within her womb? Does she have the right to end a life simply because she does not want to live with consequences of her own actions?

In closing I would like to urge my fellow pro-life patriots to contact your State Representatives to encourage them to end the genocide. Encourage them to stand up to the homicidal abortion lobby. And remind them that at our nation’s founding it was openly declared that among the rights granted by our Creator was Life.

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