Iowa Gov. Reynolds Signs Proclamation Continuing State Public Health Emergency Declaration
And it extends and expands the previously granted regulatory relief and other measures until
All substantive provisions can be read below, or to view the document click here. (https://governor.iowa.gov/sites/default/files/documents/Public%20Health%20Disaster%20Proclamation%20-%202020.04.02.pdf)
NOW THEREFORE, I,
SCHOOL CLOSURES
SECTION ONE. Pursuant to Iowa Code Sec. 135.144 (13), and in conjunction with the
SECTION TWO. Pursuant to S.F. 2408, section 13, subsection 2, I hereby waive the instructional time requirements of section 279.10, subsection 1, and the minimum school day requirements of section 256.7, subsection 19, from
SECTION THREE. Pursuant to Iowa Code Sec. 29C.6 (6), I continue to temporarily suspend the regulatory provisions of Iowa Code Sec. 256.16(1)(a)(2)(d) and (m) and Iowa Admin. Code rules 281-77.10 (9), 281-79.14(5), and 281-79.14(7), to the extent that they require a minimum number of hours of field experience if the higher education institution providing practitioner preparation program determines that the student has completed sufficient field experience to determine that the student should be recommended for licensure. SECTION FOUR. Pursuant to Iowa Code Sec.29C.6(6), I continue to temporarily suspend the regulatory provisions of Iowa Code Sec. 100.31, prescribing that not less than four fire drills and not less than four tornado drills be conducted in all school buildings each school year, with not less than two drills of each type be conducted
EXTENSION OF BUSINESS CLOSURES AND ORDERS
SECTION FIVE. Pursuant to Iowa Code Sec. 135.144 (3), and in conjunction with the
A. Restaurants and bars: All restaurants and bars shall continue to be closed to the general public except that to the extent permitted by applicable law, and in accordance with any recommendations of the
B. Fitness centers: All fitness centers, health clubs, health spas, gyms, aquatic centers shall continue to be closed.
C. Swimming pools: All swimming pools and spas, wading pools, water slides, wave pools, spray pads, and bath houses, as defined in Iowa Code Sec. 135I.1, shall continue to be closed.
D. Salons: All salons, including all establishments providing the services of cosmetology, electrology, esthetics, nail technology, manicuring, and pedicuring, all as defined in Iowa Code Sec. 157.1, shall continue to be closed.
E. Medical spas: All medical spas, as defined in Iowa Admin Code Sec. 653-13.8(1), shall continue to be closed.
F. Barbershops: All Barbershops, as defined Iowa Code Sec. 158.1, shall continue to be closed.
G. Tattoo establishments: All Tattoo establishments, as regulated by Iowa Code Sec. 135.37, shall continue to be closed.
H. Tanning facilities: All tanning facilities, as defined by Iowa Code Sec. 136D.2(5) shall continue to be closed.
I. Massage therapy establishments: All establishments where an individual is practicing massage therapy as defined by Iowa Code Sec. 152C.1(3) shall continue to be closed.
J. Theaters: All theaters or other performance venues at which live performances or motion pictures are shown shall continue to be closed.
K. Casinos and gaming facilities: All casinos and other facilities conducting pari-mutuel wagering or gaming operations shall continue to be closed.
L. Other nonessential retail establishments: Bookstores; clothing stores; shoe stores; jewelry stores; luggage stores; cosmetic, beauty, or perfume stores; florists; and furniture and home furnishing stores shall continue to be closed. These establishments may still serve the public through online or telephone sales, delivery, or curb-side pick-up. This closure order does not affect other retail establishments, such as discount stores, grocery stores, or pharmacies that sell these goods in addition to other essential food, medical supplies, and household goods.
SECTION SIX. I continue to direct all state agencies to coordinate expeditiously in developing plans to mitigate the economic effects of the closings necessitated by this disaster, including potential financial support, regulatory relief, and other executive actions.
MASS GATHERINGS
SECTION SEVEN. Social, community, spiritual, religious, recreational, leisure, and sporting gatherings and events of more than 10 people are hereby prohibited at all locations and venues, including but not limited to parades, festivals, conventions, and fundraisers until
A. A gathering of people inside parked cars, trucks, or other enclosed motor vehicles shall not constitute a gathering of more than 10 people if no more than 10 people are inside each vehicle, all people remain inside the vehicle at all times, and the vehicle remains enclosed with all windows, sunroofs, and convertible tops closed.
B. Planned large gatherings and events must be canceled or postponed until after termination of this disaster.
SECTION EIGHT. Effective at
SECTION NINE. In conjunction with the
NONESSENTIAL MEDICAL AND DENTAL SERVICES
SECTION TEN. Pursuant to Iowa Code Sec. 135.144(3), and in conjunction with the
A. All nonessential or elective surgeries and procedures that utilize personal protective equipment (PPE) must not be conducted by any hospital, outpatient surgery provider, or outpatient procedure provider, whether public, private, or nonprofit.
B. A nonessential surgery or procedure is one that can be delayed without undue risk to the current or future health of a patient, considering all appropriate factors including, but not limited to any: (1) threat to the patient's life if the surgery or procedure is not performed; (2) threat of permanent dysfunction of an extremity or organ system; (3) risk of metastasis or progression of staging; and (4) risk of rapidly worsening to severe symptoms.
C. Each hospital, outpatient surgery provider, and outpatient procedure provider shall limit all nonessential individuals in surgery and procedure suites and patient care areas where PPE is required. Only individuals essential to conducting the surgery or procedure shall be present in such areas.
D. Each hospital, outpatient surgery provider, and outpatient procedure provider shall establish an internal governance structure to ensure that the principles outlined above are followed.
SECTION ELEVEN. Pursuant to Iowa Code Sec. 135.144(3), and in conjunction with the
A. All dentists and their staff shall refrain from performing elective dental procedures, including: any cosmetic or aesthetic procedures; all routine hygiene; any orthodontic procedures other than those necessary to relieve pain or infection or to restore normal oral functioning; initiation of crowns, bridges, or dentures that do not address or prevent pain or restore normal oral functioning; any periodontal plastic surgery; extraction of asymptomatic non-carious teeth; recall visits for periodontally-healthy patients; and all appointments for high-risk patients, including ASA 2 and 3 patients, unless emergent.
B. This order does not prohibit the provision of emergency dental services.
C. This order shall be enforced by Iowa Dental Board investigators or their designees who, pursuant to Iowa Code Sec. 153.33(1)(b), shall have the powers and status of peace officers when enforcing this order.
D. The Iowa Dental Board shall provide additional guidance to its licensees pursuant to Iowa Code Sec. 29C.19 regarding the nature and scope of this restriction, to the extent necessary to protect the public health and ensure continuity of services to Iowans.
MANDATORY SCREENING OF HEALTH FACILITY STAFF
SECTION TWELVE. Pursuant to Iowa Code Sec. 135.144(3), and in conjunction with the
REGULATORY RELIEF TO HEALTH CARE SYSTEM
SECTION THIRTEEN. Pursuant to Iowa Code Sec. 29C.6 (6), I continue to temporarily suspend the regulatory provisions of Iowa Code Sec.Sec. 135.61 through 135.73 requiring an institutional health facility to obtain a certificate of need prior to operating additional bed capacity. Suspension of these provisions is limited to the duration of this proclamation and is further limited to the provision of medical assistance and treatment of victims of this public health emergency.
SECTION FOURTEEN. Pursuant to Iowa Code Sec. 29C.6(6), I continue to temporarily suspend the regulatory provisions of Iowa Code Sec. 135C.33 and Iowa Admin Code rules 481--50.9(3) & (9) and 67.19(3), requiring a health care facility and assisted living program to complete a criminal history check prior to employment of an individual in a health care facility or assisted living program, to the extent that a health care facility or assisted living program may employ an individual once that criminal history check is submitted, pending completion.
SECTION FIFTEEN. Pursuant to Iowa Code Sec. 29C.6(6), I continue to temporarily suspend the regulatory provisions of Iowa Code Sec. 135C.8 and Iowa Admin Code rules 481--58.3(3)(a), requiring a nursing facility to submit renewal applications at least 30 days in advance of license expiration.
SECTION SIXTEEN. Pursuant to Iowa Code Sec. 29C.6(6), I continue to temporarily suspend the regulatory provisions of Iowa Admin Code rules 481--58.21(6)(d) & 65.17(1)(d), requiring nursing students to administer medications in nursing facilities and immediate care facilities for persons with mental illness only after successful completion of a medication aide course or challenge exam, to the extent the nursing student meets the requirements of Iowa Admin Code rules 481--58.21(6)(d)(1), (2), & (4), and 65.17(1)(d)(1), (2), & (4) and the facility has documentation that it has implemented training and supervision measures to ensure the student's competency in safe medication administration.
SECTION SEVENTEEN. Pursuant to Iowa Code Sec. 29C.6(6), I continue to temporarily suspend the regulatory provisions of Iowa Admin Code rules 481--57.20(1) & 58.23(1)(a), requiring residential care facilities and nursing facilities assist residents to obtain regular and emergency dental services, to the extent those facilities continue to assist residents in obtaining emergency dental services.
SECTION EIGHTEEN. Pursuant to Iowa Code Sec. 29C.6(6) and Iowa Code Sec. 135.144(3), in conjunction with the
SECTION NINETEEN. Pursuant to Iowa Code Sec. 29C.6(6) and Iowa Code Sec. 135.144(3), in conjunction with the
SECTION TWENTY. Pursuant to Iowa Code Sec. 29C.6(6), I continue to temporarily suspend the regulatory provisions of Iowa Code Sec. 231C.3(1)(c) and Iowa Admin Code rules 481--69.22(2) & 481--57.22(3) requiring an assisted living program and residential care facility to update a tenant's or resident's service plan within thirty days of occupancy or admission.
SECTION TWENTY-ONE. Pursuant to Iowa Code Sec. 29C.6(6), I continue to temporarily suspend the regulatory provisions of Iowa Code Sec. 231C.8(1) and Iowa Admin. Code rule 481--67.13(1) requiring an assisted living program to submit any additional or rebuttal information to the department within two working days of an exit interview at the conclusion of a monitoring evaluation or complaint investigation.
SECTION TWENTY-TWO. Pursuant to Iowa Code Sec. 29C.6(6), I continue to temporarily suspend the regulatory provisions of Iowa Admin. Code rule 481--67.5(2) requiring a person administering medications in an assisted living program have, at a minimum, passed a medication manager course and examination. Suspension of this provision is effective on
SECTION TWENTY-THREE. Pursuant to Iowa Code Sec. 29C.6(6), I continue to temporarily suspend the regulatory provisions of Iowa Admin. Code rule 481--69.29(5) & (6) requiring a new program manager and delegating nurse in assisted living programs complete an assisted living management class and/or an assisted living nursing class within six months of employment.
SECTION TWENTY-FOUR. Pursuant to Iowa Code Sec. 29C.6(6) and Iowa Code Sec. 135.144(3), in conjunction with the
SECTION TWENTY-FIVE. Pursuant to Iowa Code Sec. 29C.6(6) and Iowa Code Sec. 135.144(3), in conjunction with the
SECTION TWENTY-SIX. Pursuant to Iowa Code Sec. 29C.6(6) and Iowa Code Sec. 135.144(3), in conjunction with the
SECTION TWENTY-SEVEN. Pursuant to Iowa Code Sec. 29C.6(6), I continue to temporarily suspend the regulatory provisions of Iowa Admin. Code rule 481--57.22(1) requiring a residential care facility provide orientation within twenty-four hours of admission, to the extent the facility must continue to provide a review of the resident's rights and the facility's evacuation plan.
SECTION TWENTY-EIGHT. Pursuant to Iowa Code Sec. 29C.6(6), I continue to temporarily suspend the regulatory provisions of Iowa Code Sec. 135C.36 and Iowa Admin. Code rules 481--56.2 & 67.17, requiring fines for a health care facility or assisted living program, to the extent those fines may be issued in suspension.
SECTION TWENTY-NINE. Pursuant to Iowa Code Sec. 29C.6(6) and Iowa Code Sec. 135.144(3), and in conjunction with the
SECTION THIRTY. Pursuant to Iowa Code Sec. 29C.6(6) and Iowa Code Sec. 135.144(3), and in conjunction with the
TELEHEALTH SERVICES
SECTION THIRTY-ONE. Pursuant to Iowa Code Sec. 29C.6(6) and Iowa Code Sec. 135.144(3), and in conjunction with the
SECTION THIRTY-TWO. Pursuant to Iowa Code Sec. 29C.6 (6), I continue to suspend the regulatory provisions of Iowa Code Sec. 147.137 and Iowa Admin. Code rule 653-13.11, rule 641-155.2, and other implementing administrative rules establishing preconditions, limitations, or restrictions on the provision of telehealth or telemedicine services, and I temporarily suspend the regulatory provisions of Iowa Admin. Code rules 641-155.21(19) and 155.23(4) and other administrative rules which require face-to-face interactions with health care providers and impose requirements for residential and outpatient substance use disorder treatment and for face-to-face visitations.
PHARMACY THERAPEUTIC SUBSTITUTION
SECTION THIRTY-THREE. Pursuant to Iowa Code Sec. 29C.6(6) and Iowa Code Sec. 135.144(3), and in conjunction with the
SUSPENSION OF INVOLUNTARY DISCHARGE FOR NONPAYMENT
SECTION THIRTY-FOUR. Pursuant to Iowa Code Sec. 29C.6(6) and Iowa Code Sec. 135.144(3), in conjunction with the
COUNTY HOSPITAL BORROWING
SECTION THIRTY-FIVE. Pursuant to Iowa Code Sec. 29C.6(6) and Iowa Code Sec. 135.144(3), and in conjunction with the
PROFESSIONAL LICENSING RELIEF
SECTION THIRTY-SIX. Pursuant to Iowa Code Sec. 29C.6(6) and Iowa Code Sec. 135.144(3), and in conjunction with the
SECTION THIRTY-SEVEN. Pursuant to Iowa Code Sec. 29C.6 (6), I continue to temporarily suspend the regulatory provisions of Iowa Code Sec. 147.10 and Iowa Admin. Code rules 653-9.13(6) and 9.14, rules 655-3.7(5), rules 645-261.8, and rules 645-326.9(8), and all other implementing administrative rules which prohibit the practice of medicine and surgery, osteopathic medicine and surgery, nursing, respiratory care, and practice as a physician assistant, by a licensee whose license is inactive or lapsed. Suspension of these provisions is limited to licenses which have lapsed or expired within the five (5) years prior to this Proclamation and is further limited to the provision of medical and nursing care and treatment of victims of this public health disaster emergency and solely for the duration of this Proclamation.
SECTION THIRTY-EIGHT. Pursuant to Iowa Code Sec. 29C.6(6), I continue to temporarily suspend the regulatory provisions of Iowa Code Sec. 152.5 and Iowa Admin. Code r. 655-2.10(7)(a), which limit the number of clinical hours that can be satisfied through simulation activities for nursing education programs. Suspension of this provision shall extend through the duration of this Proclamation and any future extension of this suspension. I continue to direct the nursing board to provide additional guidance to licensees regarding the effect of this suspension, including guidance on obtaining an emergency license pursuant to this Proclamation.
SECTION THIRTY-NINE. Pursuant to Iowa Code Sec. 29C.6(6), I continue to temporarily suspend the regulatory provisions of Iowa Admin. Code rules 650-11.2(2), 11.3(2), 11.5(2), 11.6(2),13.2(2), and 20.6(2)(b)(8) requiring an applicant for initial licensure in dentistry, dental hygiene, assisting, or for a faculty permit to attest to current certification in cardiopulmonary resuscitation.
SECTION FORTY. Pursuant to Iowa Code Sec. 29C.6(6) and Iowa Code Sec. 135.144(3), and in conjunction with the
SECTION FORTY-ONE. Pursuant to Iowa Code Sec. 29C.6(6) and Iowa Code Sec. 135.144(3), and in conjunction with the
SECTION FORTY-TWO. Pursuant to Iowa Code Sec. 29C.6(6), I continue to temporarily suspend the regulatory provisions of Iowa Code chapters 80A, 88A, 88B, 89, 89A, 90A, 91C, 99D, 99F, 100C, 100D, 101A, 103, 105, 124, 126, 135, 136B, 136C, 147, 147A, 147B, 148, 148A, 148B, 148C, 148E, 148F, 149, 151, 152, 152A, 152B, 152C, 152D, 153, 154, 154A, 154B, 154C, 154D, 154E, 154F, 155, 155A, 156, 157, 158, 159, 169, 192, 272, 272C, 321, 441, 455B, 459B, 481A, 502, 522B, 535B, 542, 542B, 543B, 543D, 544A, 544B, 544C, and any provisions of the Iowa Administrative Code implementing those chapters, to the extent they set an expiration date or renewal requirement for a professional license that expires during the duration of this Proclamation. Suspension of these provisions shall extend through the duration of this Proclamation and any future extension of this suspension. I hereby direct all regulatory agencies or boards governed by these provisions to provide additional guidance to licensees regarding the effect of these suspensions.
SECTION FORTY-THREE. Pursuant to Iowa Code Sec. 29C.6(6), I continue to temporarily suspend the regulatory provisions of Iowa Admin. Code r 281-79.16(4)(a), 645-31.6(2)(b)(12), 645-280.6(3), 645-240.6(2), 657-4.3, 645-300.3(4)(b)(2), 300.6(3)(a), and 300.6(3)(d), requiring the completion of clinical, practical, or internship experience as a condition of obtaining professional licensure to be a school administrator, mental health counselor, independent social worker, psychologist, pharmacist, or speech pathologist or audiologist. Suspension of these provisions shall extend through the duration of this Proclamation and any future extension of this suspension. I hereby direct all regulatory agencies or boards governed by these provisions to provide additional guidance to licensees regarding the effect of these suspensions.
SECTION FORTY-FOUR. Pursuant to Iowa Code Sec. 29C.6(6), I continue to temporarily suspend the regulatory provisions of Iowa Code Sec.Sec. 272.2(17), 272C.3(1)(a), 543B.15(9), and 543D.22, and any provisions of the Iowa Administrative Code implementing those provisions, which require the completion of background checks for initial applicants as a condition of obtaining professional licensure. Suspension of these provisions shall apply during the duration of this Proclamation and any future extension of this suspension. I hereby direct all regulatory agencies or boards governed by these provisions to, upon the expiration of this Disaster Emergency, conduct background checks for those applicants and take any necessary action resulting from completion of those checks, up to and including revocation of licensure.
SECTION FORTY-FIVE. Pursuant to Iowa Code Sec. 29C.6(6) and Iowa Code Sec. 135.144(3), and in conjunction with the
SECTION FORTY-SIX. Pursuant to Iowa Code Sec. 29C.6(6) and Iowa Code Sec. 135.144(3), and in conjunction with the
SECTION FORTY-SEVEN. Pursuant to Iowa Code Sec. 29C.6(6), I continue to temporarily suspend the regulatory provisions of Iowa Code Sec. 542B.13 and Iowa Admin. Code r. 193C-3.1(1) and 193C-3.2, setting an application expiration date and deadline for taking certain examinations to be licensed as a professional engineer or land surveyor.
SECTION FORTY-EIGHT. Pursuant to Iowa Code Sec. 29C.6(6), I continue to temporarily suspend the regulatory provisions of Iowa Code Sec. 543D.8 and Iowa Admin. Code r 193F-3.2, 193F-5.3, and 193F-6.3 and any other implementing administrative rules establishing examination deadlines as a condition for initial licensure for appraisers.
SECTION FORTY-NINE. Pursuant to Iowa Code Sec. 29C.6(6), I continue to temporarily suspend the regulatory provisions of Iowa Code Sec. 542.5 and Iowa Admin. Code r 193A-3.6(1) and any other implementing administrative rules establishing an 18-month examination deadline as a condition for initial licensure for prospective certified public accountants.
SECTION FIFTY. Pursuant to Iowa Code Sec. 29C.6(6), I continue to temporarily suspend the regulatory provisions of Iowa Admin. Code r. 655-3.4(4) requiring an applicant for a nursing license to complete an examination within ninety-one days of board authorization.
SECTION FIFTY-ONE. Pursuant to Iowa Code Sec. 29C.6(6), I continue to temporarily suspend the regulatory provisions of Iowa Admin. Code r. 657-2.4(2) requiring an applicant for a pharmacist license to complete all components in
SECTION FIFTY-TWO. Pursuant to Iowa Code Sec. 29C.6(6), I continue to temporarily suspend the regulatory provisions of Iowa Admin. Code r. 645-280.2 and 645-31.18, to the extent that they require out-of-state marital, family therapy, and mental health counselors, or social workers who provide services by telephone or other electronic means to individuals in the
SECTION FIFTY-THREE. Pursuant to Iowa Code section 29C.6(6), I continue to temporarily suspend the regulatory provisions of
SECTION FIFTY-FOUR. Pursuant to Iowa Code Sec. 29C.6(6) and Iowa Code Sec. 135.144(3), and in conjunction with the
SUSPENSION OF FORECLOSURES
SECTION FIFTY-FIVE. Pursuant to Iowa Code Sec.Sec. 29C.6(6) and 135.144(3), and in conjunction with the
A. Nothing in this section shall be construed as relieving any individual of their obligation to make mortgage payments, or to comply with any other obligation that an individual may have under a mortgage.
B.
SUSPENSION OF CERTAIN EVICTIONS
SECTION FIFTY-SIX. Pursuant to Iowa Code Sec.Sec. 29C.6(6) and 135.144(3), and in conjunction with the
SECTION FIFTY-SEVEN. Pursuant to Iowa Code Sec.Sec. 29C.6(6) and 135.144(3), and in conjunction with the
SUSPENSION OF COURT DEBT DELIQUENCY
SECTION FIFTY-EIGHT. Pursuant to Iowa Code Sec.Sec. 29C.6(6) and 135.144(3), and in conjunction with the
PROPERTY TAX PAYMENT RELIEF
SECTION FIFTY-NINE. Pursuant to Iowa Code Sec.29C.6(6) and 135.144(3), in conjunction with the
SALES OF ALCOHOL
SECTION SIXTY. Pursuant to Iowa Code Sec. 29C.6(6) and Iowa Code Sec. 135.144(3), and in conjunction with the
SECTION SIXTY-ONE. Pursuant to Iowa Code Sec. 29C.6(6) and Iowa Code Sec. 135.144(3), and in conjunction with the
SECTION SIXTY-TWO. Pursuant to Iowa Code Sec. 29C.6(6) and Iowa Code Sec. 135.144(3), and in conjunction with the
BOTTLE AND CAN REDEMPTION
SECTION SIXTY-THREE. Pursuant to Iowa Code Sec. 29C.6 (6), I continue to temporarily suspend the regulatory provisions of Iowa Code Sec. 455C.3 (1) and Iowa Admin. Code chapter 567-107, to the extent that those provisions require a dealer to accept an empty beverage container on which an
FINANCIAL RELIEF
SECTION SIXTY-FOUR. Pursuant to Iowa Code Sec. 29C.6(6) and Iowa Code Sec. 135.144(3), I continue to temporarily suspend the regulatory provisions of Iowa Code Sec. 123.137, requiring class "A" or class "A" beer permit holders to report barrels of beer sold or pay to the Iowa Alcoholic Beverages Division the amount of tax due on or before the tenth day of each calendar month. The associated penalty of ten percent if the report is not filed and the tax not paid within the time will not be assessed.
SECTION SIXTY-FIVE. Pursuant to Iowa Code Sec. 29C.6(6) and Iowa Code Sec. 135.144(3), I continue to temporarily suspend the regulatory provisions of Iowa Code Sec. 123.184, requiring class "A" wine permit holders and wine direct shipper permit holders to report gallons of wine sold or pay to the division the amount of tax due on or before the tenth day of each calendar month. The associated penalty of ten percent if the report is not filed and the tax not paid within the time will not be assessed.
SECTION SIXTY-SIX. Pursuant to Iowa Code Sec. 29C.6(6) and Iowa Code Sec. 135.144(3), I continue to temporarily suspend the regulatory provisions of Iowa Code Sec. 123.34(5) prohibiting a refund of fees paid for a six-month or eight-month seasonal license or permit, or for fourteen-day or five-day license or permit.
SECTION SIXTY-SEVEN. Pursuant to Iowa Code Sec. 29C.6 (6), I continue to temporarily suspend the regulatory provisions of Iowa Code Sec. 99B.12(1)(e) and Iowa Admin. Code 481-100.3(3) prescribing that no raffle license fees are refundable, and temporarily suspend the regulatory provisions of Iowa Admin. Code 481-100.16(1) prescribing raffles to conclude only during the period of the license.
ELECTRONIC CORPORATE SHAREHOLDER MEETINGS
SECTION SIXTY-EIGHT. Pursuant to Iowa Code Sec. 29C.6(6) and Iowa Code Sec. 135.144(3), and in conjunction with the
ELECTRONIC MEETINGS AND HEARINGS
SECTION SIXTY-NINE. Pursuant to Iowa Code Sec. 29C.6(6), and at the request of the
DEADLINE TO FILL CITY COUNCIL VACANCIES
SECTION SEVENTY. Pursuant to Iowa Code Sec. 29C.6(6), and at the request of the
REMOTE NOTARIZATION AND WITNESSING
SECTION SEVENTY-ONE. Pursuant to Iowa Code Sec. 29C.6(6), I temporarily suspend the personal appearance requirement in Iowa Code Sec. 9B.6, but only to the extent that the notarial act complies with the requirements of section 6 of 2019 Iowa Acts chapter 44 (Senate File 475) and any additional guidance provided by the
SECTION SEVENTY-TWO. Pursuant to Iowa Code Sec. 29C.6(6) and Iowa Code Sec. 135.144(3), and in conjunction with the
CRITICAL TRUCKING OPERATIONS
SECTION SEVENTY-THREE. Pursuant to Iowa Code Sec.29C.6 (6), I continue to temporarily suspend the regulatory provisions of Iowa Code Sec.Sec. 321.463 (6) (a) and (b) and 321E.29 and Iowa Admin. Code chapter 761-511, to the extent that those provisions restrict the movement of oversize and overweight loads of vaccines, antivirals, prescription drugs, protective equipment, other necessary medical assets food, medical supplies, cleaning products, other household goods, agricultural supplies and commodities (including, but not limited to, livestock, raw milk, and crop supplies), or any other goods and supplies necessary to respond to this public health disaster and its economic effects and require a permit to transport such loads.
A. Suspension of these provisions applies to loads transported on all highways within
B. This action is intended to allow vehicles transporting food, medical supplies, cleaning products, and other household goods to be oversize and overweight, not exceeding 90,000 pounds gross weight, without a permit, but only for the duration of this proclamation.
SECTION SEVENTY-FOUR. Pursuant to Iowa Code Sec. 29C.6(6) and 49 CFR Sec. 390.23, I continue to temporarily suspend the regulatory provisions of Iowa Code Sec. 321.449 pertaining to hours of service of motor carriers and drivers of commercial motor vehicles, while transporting vaccines, antivirals, prescription drugs, protective equipment, other necessary medical assets food, medical supplies, cleaning products, other household goods, agricultural supplies and commodities (including, but not limited to, livestock, raw milk, and crop supplies) any other goods and supplies necessary to respond to this public health disaster and its economic effects subject to the following condition:
A. Nothing contained in this Proclamation shall be construed as an exemption from the controlled substances and alcohol use and testing requirements set out in 49 CFR Part 382, the commercial drivers' license requirements set out in 49 CFR Part 383, the financial responsibility requirements set out in 49 CFR Part 387, or any other portion of the Code of Federal Regulations not specifically identified in this Proclamation.
B. No motor carrier operating under the terms of this agreement shall require or allow a fatigued or ill driver to operate a motor vehicle. A driver who informs a carrier that he or she needs immediate rest shall be given at least ten consecutive hours off duty before the driver is required to return to service.
C. Upon the request of a driver, a commercial motor carrier operating under this proclamation must give the driver at least thirty-four (34) consecutive hours off when the driver has been on duty for more than seventy (70) hours during any eight (8) consecutive days.
E. Upon the expiration of this Proclamation, or when a driver has been relieved of all duty and responsibility to transport necessary medical assets under the conditions of this Proclamation, a driver who has had at least thirty-four (34) consecutive hours off duty shall be permitted to start the driver's on-duty status hours with the 60/70 hour clock at zero.
F. This portion of this Proclamation of Disaster Emergency applies only to hours of service of motor carriers and drivers of commercial motor vehicles while actively transporting the items identified in this section for the duration of this proclamation related to the COVID-19 event.
SECTION SEVENTY-FIVE. Pursuant to Iowa Code Sec. 29C.6(6), I continue to temporarily suspend the regulatory provisions of Iowa Code Sec.Sec. 321.463(3), 321E.2, 321E.8, and 321E.9 that limit issuance of permits for oversize or overweight loads to loads which are indivisible, to allow annual permits issued under Iowa Code Sec. 321E.8 and single-trip permits issued under Sec. 321E.9 to be issued for loads which are divisible and related to responding to and recovering from this disaster. I further waive for vehicle and loads, whether divisible or indivisible, the regulatory provisions of Iowa Code Sec. 321E.12 that require the vehicle traveling under a permit to be registered for the gross weight of the vehicle and load and the regulatory provisions of Iowa Code Sec. 321E.14 that require the payment of a fee for a permit issued for a vehicle and load related to responding to and recovering from this disaster. The provisions of this paragraph apply only when the movement of the vehicle and load is related to responding to and recovering from this disaster. The movement of any vehicle or load under this paragraph must comply with all other requirements of Chapter 321E of the Iowa Code and of the permit issued, other than as suspended in this proclamation. The provisions of this paragraph relating to the permitting and movement of divisible loads authorize the movement of such loads on all highways of this state, excluding the interstate system.
SECTION SEVENTY-SIX. The
MOTOR VEHICLE LICENSING AND REGISTRATION RELIEF
SECTION SEVENTY-SEVEN. Pursuant to Iowa Code Sec. 29C.6 (6), I continue to temporarily suspend the regulatory provisions of Iowa Code Sec. 321.196 prescribing that a driver's license issued to a person age seventy-two or older expires after two years. Suspension of this provision is limited to driver's licenses which have expired within the 60 days prior to this Proclamation or during the duration of this Proclamation or any subsequent extension of this proclamation. And upon the expiration of the terms of this Proclamation or any subsequent extension of this proclamation, the statutory sixty-day period for renewing shall resume. This suspension shall not apply if the person is not eligible for a license due to the person's license being suspended, revoked, denied or barred for any reason or if the person is physically or mentally incapable of operating a motor vehicle safely.
SECTION SEVENTY-EIGHT. Pursuant to Iowa Code Sec. 29C.6 (6), I continue to temporarily suspend the regulatory provisions of Iowa Code Sec. 321.174A prescribing that a person shall not operate a motor vehicle on the highways of this state with an expired driver's license as applied to a person whose driver's license is expired. Suspension of this provision is limited to driver's licenses which have expired within the 60 days prior to this Proclamation or during the duration of this Proclamation or any subsequent extension of this proclamation. And upon the expiration of the terms of this Proclamation or any subsequent extension of this proclamation, the statutory sixty-day period for renewing shall resume.
SECTION SEVENTY-NINE. Pursuant to Iowa Code Sec. 29C.6 (6), I continue to temporarily suspend the regulatory provisions of Iowa Code Sec. 321.39 prescribing expiration dates for vehicle registration, registration cards, and registration plates as applied to a person whose vehicle registration, registration card, or registration plate is expired. Suspension of this provision is limited to vehicle registration, registration cards, and registration plates which have expired within the 60 days prior to this Proclamation or during the duration of this Proclamation or any subsequent extension of this proclamation.
SECTION EIGHTY. Pursuant to Iowa Code Sec. 29C.6 (6), I continue to temporarily suspend the regulatory provisions of Iowa Code Sec. 321.46 prescribing a transferee of a new motor vehicle shall apply for a new registration and certificate of title within 30 days of the purchase.
SECTION EIGHTY-ONE. Pursuant to Iowa Code Sec. 29C.6 (6), I temporarily suspend the regulatory provisions of Iowa Code Sec. 321.25 prescribing a vehicle may be operated upon the highways of this state without registration plates for a period of 45 days after the date of delivery of the vehicle to the purchaser from a dealer.
SECTION EIGHTY-TWO. Pursuant to Iowa Code Sec. 29C.6(6), I temporarily suspend the regulatory provisions of Iowa Code Sec. 321.20A requiring the owner of a commercial vehicle subject to the apportioned registration provisions of chapter 326 to apply for a certificate of title within thirty days of purchase or transfer and pay the appropriate fee for new registration.
SECTION EIGHTY-THREE. Pursuant to Iowa Code Sec. 29C.6(6), I continue to temporarily suspend the regulatory provisions of Iowa Code section Sec. 321.52(4)(b) prescribing a vehicle rebuilder, a person engaged in the business of buying, selling, or exchanging vehicles of a type required to be registered in this state, or an insurer shall obtain a salvage certificate of title for a wrecked or salvage vehicle within thirty days after the date of assignment of the certificate of title of the vehicle.
SECTION EIGHTY-FOUR. Pursuant to Iowa Code Sec. 29C.6(6), I continue to temporarily suspend the regulatory provisions of Iowa Code Sec. 326.14 prescribing a late filing penalty for renewals under the International Registration Plan and prescribing an enforcement deadline for the failure to display a registration plate and registration. Suspension of this provision is limited to renewals that have expired during the duration of this Proclamation or any subsequent extension of this Proclamation.
WEAPONS PERMITTING PROCEDURES
SECTION EIGHTY-FIVE. Pursuant to Iowa Code section 29C.6(6) and 135.144(3), and in conjunction with the
SECTION EIGHTY-SIX. Pursuant to Iowa Code section 29C.6(6), I continue to temporarily suspend the regulatory provisions of Iowa Code sections 724.6, 724.7, and 724.20 regarding professional and nonprofessional permits to carry and permits to acquire pistols or revolvers, in that, for State purposes only, the permit to carry weapons will not expire during this Proclamation. This suspension will not extend to the ability of the permits to be used to purchase, in lieu of a NICS check, once the permit is past its original expiration date.
ONLINE APPRENTICESHIP INSTRUCTION
SECTION EIGHTY-SEVEN. Pursuant to Iowa Code Sec. 29C.6(6), I continue to temporarily suspend the regulatory provisions of Iowa Code Sec. 15B.4, to the extent they limit the use of online instruction in determining contact hours for apprenticeship sponsors or lead apprenticeship sponsors. Suspension of this provision is limited only to instruction provided during the duration of this Proclamation or any subsequent extension of this suspension.
OTHER REGULATORY RELIEF
SECTION EIGHTY-EIGHT. Pursuant to Iowa Code Sec. 29C.6(6), I continue to temporarily suspend the regulatory provisions of Iowa Admin. Code r. 281-21.31 to the extent it requires instructional courses for drinking drivers to be delivered in person rather than online.
SECTION EIGHTY-NINE. Pursuant to Iowa Code Sec. 29C.6(6), I continue to temporarily suspend the regulatory provisions of Iowa Admin. Code r. 661-221.3, that require an unattended fueling dispenser to provide a public phone.
SECTION NINETY. Pursuant to Iowa Code Sec. 29C.6(6), I continue to temporarily suspend the regulatory provisions of Iowa Code Sec. 206.5(2)(a) solely as it applies to commercial applicators, public applicators, and private applicators who were certified applicators as of
SECTION NINETY-ONE. Pursuant to Iowa Code Sec. 29C.6(6) and Iowa Code Sec. 135.144(3), and in conjunction with the
SECTION NINETY-TWO. Pursuant to Iowa Code Sec. 29C.6(6) and Iowa Code Sec. 135.144(3), and in conjunction with the
SECTION NINETY-THREE. Pursuant to Iowa Code Sec. 29C.6(6) and Iowa Code Sec. 135.144(3), and in conjunction with the
RETIRED PUBLIC DISASTER RESPONDERS
SECTION NINETY-FOUR. Pursuant to Iowa Code Sec. 29C.6(6) and 135.144(3), and in conjunction with the
SECTION NINETY-FIVE. Pursuant to Iowa Code Sec. 29C.6(6) and 135.144(3), and in conjunction with the
STATE AGENCY OPERATIONS
SECTION NINETY-SIX. As required by Iowa Code Sec. 29C.6 (1), (10) and 42 U.S.C. Sec. 5170 in cases of Presidential Disaster Declarations, this Proclamation of Disaster Emergency continues to activate the disaster response and recovery aspects of the
SECTION NINETY-SEVEN. Pursuant to Iowa Code Sec. 29C.6 (1) and (10), I continue to activate the public health response and recovery aspects of the state disaster emergency plan applicable to this public health disaster and authorize the use and deployment of all available s
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