May 25, 2008
2 failed bills had been linked by Judge
By JENNIFER JACOBS
Word came from the lieutenant governor: If gambling lobbyists didn't help deliver the bottle bill, they were likely to see the death of a much-coveted bill that would provide a financial advantage for casinos.
The behind-the-scenes maneuvering in the Legislature illustrates the political capital Gov. Chet Culver's administration was willing to spend on the bottle bill — even if it caused lobbyists angst.
Some gambling lobbyists said it would be awkward, and possibly unethical, to lobby for a bill in which their clients either had no stake or had conflicting interests, and they declined to do it.
The bottle bill, a priority of Culver's, would have added water, juice and sports-drink bottles to the list of containers that require a 5-cent deposit. It is controversial with the grocery and bottling industries.
At the end of the 2008 session, the bottle bill was dead.
And so was the high-stakes bill the gaming industry wanted, which would have changed the law that requires voters to reapprove casinos every eight years. Both bills are expected to be back on the agenda next year, officials say.
The gambling bill had been on track to sail through the Legislature, according to both Democratic and Republican legislative leaders. Culver derailed it late in the session, lawmakers said.
Lt. Gov. Patty Judge is unapologetic about asking gambling lobbyists for their help with the bottle bill, even though it caused turmoil in the rotunda. "I talked to a lot of people about that and asked for their help, and I will sure admit that," Judge said. "I asked anybody within my earshot to help me with the bottle bill."
She said she did not consider her request to the gambling lobbyists an ultimatum.
Judge's spokesman, Troy Price, said: "There was never a 'You do this or else.' That was never issued."
Several gambling lobbyists said they chose not to join the cause for the bottle bill.
Lobbyists must be directed by their clients to advocate for or against legislation. Then they must publicly register their stances on those bills. If lobbyists advocate without declaring they are for or against or are monitoring a bill, it could be a violation of state ethics laws.
Wes Ehrecke, a lobbyist for the Iowa Gaming Association, which represents 17 casinos, said: "We weren't registered on the bottle bill and weren't intending to lobby on it, and I didn't lobby on it."
Ehrecke declined to share any opinions about Judge's request.
None of the lobbyists were eager to talk about it to The Des Moines Register.
"I know there was a lot of angst out there, especially for some of the lobby who are lawyers," said Scott Pope, a lobbyist for the Iowa Thoroughbred Breeders and Owners. "That's the kind of ethical issue they can get disbarred over."
A code of ethics prohibits lawyers from soliciting clients. They couldn't, for example, ask pro-bottle-bill clients if they'd like them to advocate on their behalf.
None of the lobbyists want to risk offending the Culver administration for any reason.
"The retribution that could come down is something that people are a little hesitant to talk about. That's people's livelihood," Pope said.
Rants says situation was out of the ordinary
Legislative leaders were aware of the stir among lobbyists over Judge's proposal, which some called "horse-trading." Horse-trading involves behind-the-scenes deal-making, such as when Lawmaker A realizes her bill is failing, so she persuades Lawmaker B to vote for her bill in exchange for her support for one of his pet bills that she likely would not have voted for otherwise.
"Word travels fast around the Capitol, and I certainly heard about it," said House Republican Leader Christopher Rants of Sioux City. "They thought, 'I'm not paid to lobby the bottle bill, I'm paid to lobby issues for my client.' "
Such deal-making is not uncommon among lawmakers, although they don't often talk about it publicly. But it seems more rare for someone in the governor's office to involve lobbyists in horse-trading, Rants said.
House Democratic Leader Kevin McCarthy of Des Moines said he was not privy to any conversation between the executive branch and members of the lobby that tied the referendum bill to the bottle bill.
But, McCarthy said, he did have a direct conversation with a staffer in Culver's office who told him about three weeks before the session ended that Culver was unwilling to support the referendum bill.
McCarthy said that prompted him to pull the bill off the debate calendar. "I didn't want to waste the Legislature's time," he said.
Senate Democratic Leader Mike Gronstal said he heard about Judge's request only indirectly.
"Hypothetically," he said, "I would say it's unethical for a lobbyist to lobby on things they're not paid to lobby on."
And it would be unethical for a lobbyist to sacrifice one client for another client's interests, he said.
Bottle law stance gets reaction from Culver
Multi-client lobbyist Bill Wimmer represents soft-drink bottlers who vigorously oppose the bottle bill as well as gambling interests who support the referendum bill.
At one point, Culver voiced his displeasure with Wimmer for his resistance to the bottle bill. "And that was fair," said Wimmer, a West Des Moines lawyer. "I explained why I was doing it and there was nothing personal in it."
But neither Culver nor Judge directly told Wimmer they would stop one piece of legislation if he didn't help with another, Wimmer said.
"All I heard was rumor," he said. And he had to ignore it, he said. "Yeah, it was awkward," Wimmer said. "As a lawyer, I can't be in that position. If someone were to put me in that position — I can't tie those things together like that."
When Culver was asked whether he was aware of Judge's request or the buzz about it, he answered: "Not really." Culver referred questions to Judge, then added that he thinks she's doing a fantastic job.
Judge said the bottle bill is still a priority. She said: "The governor and I are going to be lobbying the heck out of everybody to make that happen next year."
The referendum bill is likely to reappear in the Legislature, too. "People will be working on it in the interim," McCarthy said.
http://www.desmoinesregister.com/apps/pbcs.dll/article?AID=/20080525/NEWS10/805250330/1011
