Iowa Administrative Bulletin
IOWA ADMINISTRATIVE BULLETIN
Published Biweekly VOLUME XXI NUMBER 8 October 7, 1998
Pages 677 to 788
CONTENTS IN THIS ISSUE
Pages 691 to 768 include ARC 8360A to ARC
8401A
AGRICULTURE AND LAND
STEWARDSHIP DEPARTMENT[21]
Filed Emergency, Emergency storage space for
1998 corn harvest, 90.31
ARC 8360A 705
ALL AGENCIES
Schedule for rule making 680
Publication procedures 681
Agency identification numbers 687
CITATION OF ADMINISTRATIVE RULES 679
ECONOMIC DEVELOPMENT, IOWA
DEPARTMENT OF[261]
Filed, Housing fund, 25.2, 25.5, 25.8
ARC 8387A 713
Filed, Enterprise zones, 59.1 to 59.13
ARC 8386A 713
EDUCATION DEPARTMENT[281]
Notice, Appeal procedures--rehearing, 6.1,
6.3(1), 6.13, 6.14(1) ARC
8377A 691
Notice, Driver education, 26.1, rescind 26.2(3)
ARC 8376A 691
Notice, Certified school to career program
approval, ch 48 ARC 8374A
692
Notice, Waiver of school breakfast program
requirement, ch 69 ARC
8378A 694
Notice, Financial incentives for national board
certification, ch 84
ARC 8371A 695
Filed, Instructional course for drinking drivers,
21.30 to 21.32 ARC
8375A 721
Filed, State financial aid to community colleges,
21.45 ARC 8369A
722
Filed, School buses, ch 44 ARC 8373A 724
Filed Emergency, Financial incentives for
national board certification, ch
84 ARC 8372A 705
Filed Emergency, Local option sales and services
tax for school
infrastructure, ch 96 ARC 8370A 707
HISTORICAL DIVISION[223]
CULTURAL AFFAIRS DEPARTMENT[221]"umbrella"
Notice, Historical resource development program,
49.1 to 49.3, 49.5 to 49.7
ARC 8390A 695
HUMAN SERVICES DEPARTMENT[441]
Notice, Quality of life drugs, 78.1(2), 78.28(1)
ARC 8362A 696
Notice, Elderly waiver program, 83.22(1)"b"
ARC 8383A 697
Filed, Commission on children, youth
and families, rescind 1.9 ARC
8363A 747
Filed, Four-month work transition period for
Medicaid, 75.57(7) ARC
8364A 748
Filed, Hospice services, 78.36, 79.1(14)"f"
ARC 8365A 749
Filed, Nurse aide training program, 81.1, 81.16
ARC 8366A 750
INSPECTIONS AND APPEALS DEPARTMENT[481]
Notice, Psychiatric medical institutions for
children (PMIC), 41.2 ARC
8380A 697
Notice, Administrator of intermediate care
facility, 58.8 ARC 8381A
698
INSURANCE DIVISION[191]
COMMERCE DEPARTMENT[181]"umbrella"
Filed, Organization of division, 1.1 to 1.3
ARC 8368A 751
Filed, Capital gains earned in trust accounts;
consumer price index, 19.2,
19.60
ARC 8367A 751
NATURAL RESOURCE COMMISSION[571]
NATURAL RESOURCES DEPARTMENT[561]"umbrella"
Notice, General license regulations, 15.2, 15.3(4)
ARC 8393A 698
Notice, Boat motor regulations, 45.4(2)
ARC 8394A 700
Notice, Wild turkey spring hunting, 98.1(1),
98.3, 98.14 ARC 8395A
700
Filed Emergency After Notice, Controlled
waterfowl hunting, 53.2 ARC
8396A 708
NURSING BOARD[655]
PUBLIC HEALTH DEPARTMENT[641]"umbrella"
Filed, LPN scope of practice, 6.2(5), 6.3, 6.5,
6.6 ARC 8382A 752
PERSONNEL DEPARTMENT[581]
Filed, IPERS, 21.6(9), 21.11, 21.24(9)
ARC 8385A 753
PROFESSIONAL LICENSURE DIVISION[645]
PUBLIC HEALTH DEPARTMENT[641]"umbrella"
Filed, Athletic training examiners board, 350.1 to
350.7, 350.10(4),
350.11(7), 350.12, 350.14(2),
350.15, 350.17 to 350.32, 355.1, 355.3,
356.1,
356.3, 357.3, 357.5, 357.6, 357.11, 357.13,
358.1 ARC
8379A 754
PUBLIC FUNDS--AVAILABILITY
Public Health Department[641]
Bicycle safety 689
Bucklebear 690
PUBLIC HEALTH DEPARTMENT[641]
Notices of Public Funds Availability 689
Filed, HIV-related test for convicted or alleged
sexual-assault offenders
and the victims,
11.70 to 11.74 ARC 8397A 754
Filed, Public health nursing, ch 79 ARC 8401A 757
Filed, Home care aide, ch 80 ARC 8400A 760
Filed, Iowa senior health program, ch 83
ARC 8399A 764
Filed, Volunteer health care provider program,
88.1 to 88.3, 88.11 ARC
8398A 767
PUBLIC HEARINGS
Summarized list 682
RACING AND GAMING COMMISSION[491]
INSPECTIONS AND APPEALS DEPARTMENT[481]"umbrella"
Notice, Thoroughbred racing, 4.24, 4.25, 10.5(17)
ARC 8389A 701
Filed, Recipients of nonprofit distributions,
20.11(6) ARC 8388A
768
REVENUE AND FINANCE DEPARTMENT[701]
Notice, Eligible housing business incentives
for tax credit, 42.13, 52.15
ARC 8384A 702
SUPREME COURT
Decisions summarized 769
TRANSPORTATION DEPARTMENT[761]
Notice, Functional classification of highways,
rescind ch 100 ARC
8361A 703
TREASURER OF STATE[781]
Notice, Iowa educational savings plan trust,
ch 16 ARC 8391A 703
Filed Emergency, Iowa educational savings plan
trust, ch 16 ARC
8392A 708
USURY
Notice 704
PUBLISHED UNDER AUTHORITY OF IOWA CODE SECTIONS 2B.5 AND
17A.6
__________________________________
PREFACE
The Iowa Administrative Bulletin is published biweekly in pamphlet form
pursuant to Iowa Code chapters 2B and 17A and contains Notices of Intended
Action on rules, Filed and Filed Emergency rules by state agencies.
It also contains Proclamations and Executive Orders of the Governor which are
general and permanent in nature; Economic Impact Statements to proposed rules
and filed emergency rules; Objections filed by Administrative Rules Review
Committee, Governor or the Attorney General; and Delay by the Committee of the
effective date of filed rules; Regulatory Flexibility Analyses and Agenda for
monthly Administrative Rules Review Committee meetings. Other "materials
deemed fitting and proper by the Administrative Rules Review Committee" include
summaries of Public Hearings, Attorney General Opinions and Supreme Court
Decisions.
The Bulletin may also contain Public Funds Interest Rates [12C.6]; Workers'
Compensation Rate Filings [515A.6(7)]; Usury [535.2(3)"a"]; Agricultural Credit
Corporation Maximum Loan Rates [535.12]; and Regional Banking--Notice of
Application and Hearing [524.1905(2)].
PLEASE NOTE: Italics indicate new material added to existing
rules; strike through letters indicate deleted material.
KATHLEEN K. BATES, Administrative Code Editor Telephone: (515)281-3355
ROSEMARY DRAKE, Assistant Editor (515)281-7252
Fax: (515)281-4424
SUBSCRIPTION INFORMATION
Iowa Administrative Bulletin
The Iowa Administrative Bulletin is sold as a separate publication and may be
purchased by subscription or single copy. All subscriptions will expire on
June 30 of each year. Subscriptions must be paid in advance and are prorated
quarterly as follows:
First quarter July 1, 1998, to June 30, 1999 $244.10 plus $12.21 sales
tax
Second quarter October 1, 1998, to June 30, 1999 $185.00 plus $9.25 sales
tax
Third quarter January 1, 1999, to June 30, 1999 $125.00 plus $6.25 sales
tax
Fourth quarter April 1, 1999, to June 30, 1999 $ 65.00 plus $3.25 sales
tax
Single copies may be purchased for $19.00 plus $0.95 tax. Back issues may be
purchased if the issues are available.
Iowa Administrative Code
The Iowa Administrative Code and Supplements are sold in complete sets and
subscription basis only. All subscriptions for the Supplement (replacement
pages) must be for the complete year and will expire on June 30 of each year.
Prices for the Iowa Administrative Code and its Supplements are as follows:
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(Price includes 22 volumes of rules and index, plus a one-year subscription to
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Additional or replacement binders can be purchased
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(Subscription expires June 30, 1999)
All checks should be made payable to the Iowa State Printing Division. Send
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Telephone: (515)242-5120
Schedule for Rule Making
1998
NOTICE
SUBMISSION DEADLINE
|
NOTICE
PUB. DATE
|
HEARING
OR COMMENTS 20 DAYS
|
FIRST
POSSIBLE ADOPTION DATE 35 DAYS
|
ADOPTED
FILING DEADLINE
|
ADOPTED
PUB. DATE
|
FIRST
POSSIBLE EFFECTIVE DATE
|
POSSIBLE
EXPIRATION OF NOTICE 180 DAYS
|
Dec.
26 '97
|
Jan.
14 '98
|
Feb.
3
|
Feb.
18
|
Feb.
20
|
Mar.
11
|
Apr.
15
|
July
13
|
Jan.
9 '98
|
Jan.
28
|
Feb.
17
|
Mar.
4
|
Mar.
6
|
Mar.
25
|
Apr.
29
|
July
27
|
Jan.
23
|
Feb.
11
|
Mar.
3
|
Mar.
18
|
Mar.
20
|
Apr.
8
|
May
13
|
Aug.
10
|
Feb.
6
|
Feb.
25
|
Mar.
17
|
Apr.
1
|
Apr.
3
|
Apr.
22
|
May
27
|
Aug.
24
|
Feb.
20
|
Mar.
11
|
Mar.
31
|
Apr.
15
|
Apr.
17
|
May
6
|
June
10
|
Sept.
7
|
Mar.
6
|
Mar.
25
|
Apr.
14
|
Apr.
29
|
May
1
|
May
20
|
June
24
|
Sept.
21
|
Mar.
20
|
Apr.
8
|
Apr.
28
|
May
13
|
May
15
|
June
3
|
July
8
|
Oct.
5
|
Apr.
3
|
Apr.
22
|
May
12
|
May
27
|
May
29
|
June
17
|
July
22
|
Oct.
19
|
Apr.
17
|
May
6
|
May
26
|
June
10
|
June
12
|
July
1
|
Aug.
5
|
Nov.
2
|
May
1
|
May
20
|
June
9
|
June
24
|
June
26
|
July
15
|
Aug.
19
|
Nov.
16
|
May
15
|
June
3
|
June
23
|
July
8
|
July
10
|
July
29
|
Sept.
2
|
Nov.
30
|
May
29
|
June
17
|
July
7
|
July
22
|
July
24
|
Aug.
12
|
Sept.
16
|
Dec.
14
|
June
12
|
July
1
|
July
21
|
Aug.
5
|
Aug.
7
|
Aug.
26
|
Sept.
30
|
Dec.
28
|
June
26
|
July
15
|
Aug.
4
|
Aug.
19
|
Aug.
21
|
Sept.
9
|
Oct.
14
|
Jan.
11 '99
|
July
10
|
July
29
|
Aug.
18
|
Sept.
2
|
Sept.
4
|
Sept.
23
|
Oct.
28
|
Jan.
25 '99
|
July
24
|
Aug.
12
|
Sept.
1
|
Sept.
16
|
Sept.
18
|
Oct.
7
|
Nov.
11
|
Feb.
8 '99
|
Aug.
7
|
Aug.
26
|
Sept.
15
|
Sept.
30
|
Oct.
2
|
Oct.
21
|
Nov.
25
|
Feb.
22 '99
|
Aug.
21
|
Sept.
9
|
Sept.
29
|
Oct.
14
|
Oct.
16
|
Nov.
4
|
Dec.
9
|
Mar.
8 '99
|
Sept.
4
|
Sept.
23
|
Oct.
13
|
Oct.
28
|
Oct.
30
|
Nov.
18
|
Dec.
23
|
Mar.
22 '99
|
Sept.
18
|
Oct.
7
|
Oct.
27
|
Nov.
11
|
Nov.
13
|
Dec.
2
|
Jan.
6 '99
|
Apr.
5 '99
|
Oct.
2
|
Oct.
21
|
Nov.
10
|
Nov.
25
|
Nov.
27
|
Dec.
16
|
Jan.
20 '99
|
Apr.
19 '99
|
Oct.
16
|
Nov.
4
|
Nov.
24
|
Dec.
9
|
Dec.
11
|
Dec.
30
|
Feb.
3 '99
|
May
3 '99
|
Oct.
30
|
Nov.
18
|
Dec.
8
|
Dec.
23
|
Dec.
25
|
Jan.
13 '99
|
Feb.
17 '99
|
May
17 '99
|
Nov.
13
|
Dec.
2
|
Dec.
22
|
Jan.
6 '99
|
Jan.
8 '99
|
Jan.
27 '99
|
Mar.
3 '99
|
May
31 '99
|
Nov.
27
|
Dec.
16
|
Jan.
5 '99
|
Jan.
20 '99
|
Jan.
22 '99
|
Feb.
10 '99
|
Mar.
17 '99
|
June
14 '99
|
Dec.
11
|
Dec.
30
|
Jan.
19 '99
|
Feb.
3 '99
|
Feb.
5 '99
|
Feb.
24 '99
|
Mar.
31 '99
|
June
28 '99
|
Dec.
25
|
Jan.
13 '99
|
Feb.
2 '99
|
Feb.
17 '99
|
Feb.
19 '99
|
Mar.
10 '99
|
Apr.
14 '99
|
July
12 '99
|
Jan.
8 '99
|
Jan.
27 '99
|
Feb.
16 '99
|
Mar.
3 '99
|
Mar.
5 '99
|
Mar.
24 '99
|
Apr.
28 '99
|
July
26 '99
|
PRINTING
SCHEDULE FOR IAB
|
|
|
ISSUE
NUMBER
|
SUBMISSION
DEADLINE
|
ISSUE
DATE
|
10
|
Friday,
October 16, 1998
|
November
4, 1998
|
11
|
Friday,
October 30, 1998
|
November
18, 1998
|
12
|
Friday,
November 13, 1998
|
December
2, 1998
|
PLEASE NOTE:
Rules will not be accepted after 12 o'clock noon on the Friday filing
deadline days unless prior approval has been received from the Administrative
Rules Coordinator's office.
If the filing deadline falls on a legal holiday, submissions made on the
following Monday will be accepted.
PUBLICATION PROCEDURES
TO: Administrative Rules Coordinators and Text Processors of State Agencies
FROM: Kathleen K. Bates, Iowa Administrative Code Editor
SUBJECT: Publication of Rules in Iowa Administrative Bulletin
The Administrative Code Division uses Interleaf 6 to publish the Iowa
Administrative Bulletin and can import documents directly from most other word
processing systems, including Microsoft Word, Word for Windows (Word 7 or
earlier), and WordPerfect.
1. To facilitate the processing of rule-making documents, we request a 3.5\
High Density (not Double Density) IBM PC-compatible diskette of the rule
making. Please indicate on each diskette the following information: agency
name, file name, format used for exporting, and chapter(s) amended. Diskettes
may be delivered to the Administrative Code Division, 4th Floor, Lucas State
Office Building or included with the documents submitted to the Governor's
Administrative Rules Coordinator.
2. Alternatively, if you have Internet E-mail access, you may send your
document as an attachment to an E-mail message, addressed to both of the
following:
bcarr@legis.state.ia.us
kbates@legis.state.ia.us
Please note that changes made prior to publication of the rule-making
documents are reflected on the hard copy returned to agencies by the Governor's
office, but not on the diskettes; diskettes are returned unchanged.
Your cooperation helps us print the Bulletin more quickly and cost-effectively
than was previously possible and is greatly appreciated.
PUBLIC HEARINGS
To All Agencies:
The Administrative Rules Review Committee voted to request that Agencies comply
with Iowa Code section 17A.4(1)"b" by allowing the opportunity for oral
presentation (hearing) to be held at least twenty days after publication
of Notice in the Iowa Administrative Bulletin.
AGENCY
|
HEARING
LOCATION
|
DATE
AND TIME OF HEARING
|
ECONOMIC
DEVELOPMENT, IOWA DEPARTMENT OF[261]
|
|
|
Certified
school to career program, ch 11 IAB 9/9/98 ARC 8312A
|
Main
Conference Room 200 E. Grand Ave. Des Moines, Iowa
|
October
29, 1998 2 p.m.
|
EDUCATIONAL
EXAMINERS BOARD[282]
|
|
|
Middle
school endorsement, 14.20(15) IAB 9/9/98 ARC 8315A
|
Conference
Room 3 North--3rd Floor Grimes State Office Bldg. Des Moines, Iowa
|
October
8, 1998 10 a.m.
|
Two-year
administrator exchange license, 14.25 to 14.33 IAB 9/9/98 ARC 8314A
|
Conference
Room 3 North--3rd Floor Grimes State Office Bldg. Des Moines, Iowa
|
October
8, 1998 1 p.m.
|
EDUCATION
DEPARTMENT[281]
|
|
|
Certified
school to career program approval, ch 48 IAB 10/7/98 ARC
8374A (ICN Network)
|
ICN
Room IDED 200 E. Grand Ave. Des Moines, Iowa
|
October
29, 1998 2 to 4 p.m.
|
|
ICN
Classroom 4 Kirkwood Community College 6301 Kirkwood Blvd. S.W. Cedar
Rapids, Iowa
|
October
29, 1998 2 to 4 p.m.
|
|
Looft
Hall Iowa Western Community College 2700 College Rd. Council Bluffs,
Iowa
|
October
29, 1998 2 to 4 p.m.
|
|
Activity
Center 106 North Iowa Area Community College 500 College Dr. Mason
City, Iowa
|
October
29, 1998 2 to 4 p.m.
|
|
Advanced
Technology Center, Rm. 108 Indian Hills Community College 525 Grandview
Ave. Ottumwa, Iowa
|
October
29, 1998 2 to 4 p.m.
|
|
Room
209A Western Hills AEA 1520 Morningside Ave. Sioux City, Iowa
|
October
29, 1998 2 to 4 p.m.
|
Waiver
of school breakfast program requirement, ch 69 IAB 10/7/98 ARC 8378A
|
State
Board Room--2nd Floor Grimes State Office Bldg. Des Moines, Iowa
|
November
2, 1998 1 p.m.
|
EDUCATION
DEPARTMENT[281] (Cont'd)
|
|
|
Financial
incentives for national board certification, ch 84 IAB 10/7/98 ARC
8371A (See also ARC 8372A herein)
|
State
Board Room--2nd Floor Grimes State Office Bldg. Des Moines, Iowa
|
November
5, 1998 9 a.m.
|
EMERGENCY
MANAGEMENT DIVISION[605]
|
|
|
Enhanced
911 telephone systems, ch 10 IAB 9/23/98 ARC 8343A (See
also ARC 8344A)
|
Conference
Room--Level A Hoover State Office Bldg. Des Moines, Iowa
|
October
15, 1998 10 a.m.
|
EMPOWERMENT
BOARD, IOWA[349]
|
|
|
Iowa
empowerment board, ch 1 IAB 8/26/98 ARC 8247A (ICN
Network) (See also ARC 8248A)
|
ICN
Room--2nd Floor Grimes State Office Bldg. Des Moines, Iowa
|
October
7, 1998 9 a.m. to 12 noon
|
|
Media
Center Bettendorf High School 3333 18th St. Bettendorf, Iowa
|
October
7, 1998 9 a.m. to 12 noon
|
|
Louisa
Room Mississippi Bend AEA 9 729 21st St. Bettendorf, Iowa
|
October
7, 1998 9 a.m. to 12 noon
|
|
Room
108 Great River AEA 16 1200 University Burlington, Iowa
|
October
7, 1998 9 a.m. to 12 noon
|
|
AEA
7 3712 Cedar Heights Dr. Cedar Falls, Iowa
|
October
7, 1998 9 a.m. to 12 noon
|
|
Revere
Room Grant Wood AEA 10 4401 6th St. Cedar Rapids, Iowa
|
October
7, 1998 9 a.m. to 12 noon
|
|
State
Room Northern Trails AEA 2 9184B 265th St. Clear Lake, Iowa
|
October
7, 1998 9 a.m. to 12 noon
|
|
ICN
Room Loess Hills AEA 13 24997 Hwy. 92 Council Bluffs, Iowa
|
October
7, 1998 9 a.m. to 12 noon
|
|
Turner
Room Green Valley AEA 14 1405 N. Lincoln Creston, Iowa
|
October
7, 1998 9 a.m. to 12 noon
|
EMPOWERMENT
BOARD, IOWA[349] (ICN Network) (Cont'd)
|
ICN
Classroom Lakeland AEA 3 Hwy. 18 and 2nd St. Cylinder, Iowa
|
October
7, 1998 9 a.m. to 12 noon
|
|
ICN
Classroom Keystone AEA 1 2310 Chaney Rd. Dubuque, Iowa
|
October
7, 1998 9 a.m. to 12 noon
|
|
ICN
Classroom Keystone AEA 1 1400 2nd St. S.W. Elkader, Iowa
|
October
7, 1998 9 a.m. to 12 noon
|
|
Room
12 Fort Dodge High School 819 N. 25th St. Fort Dodge, Iowa
|
October
7, 1998 9 a.m. to 12 noon
|
|
ICN
Classroom Heartland AEA 11 6500 Corporate Dr. Johnston, Iowa
|
October
7, 1998 9 a.m. to 12 noon
|
|
IPTV
- 2 (East) Iowa Public Television 6450 Corporate Dr. Johnston, Iowa
|
October
7, 1998 9 a.m. to 12 noon
|
|
Media
Center Manson/Northwest Webster High School 1601 15th
St. Manson, Iowa
|
October
7, 1998 9 a.m. to 12 noon
|
|
ICN
Room AEA 6 909 S. 12th St. Marshalltown, Iowa
|
October
7, 1998 9 a.m. to 12 noon
|
|
ICN
Classroom Southern Prairie AEA 15 2814 N. Court St. Ottumwa, Iowa
|
October
7, 1998 9 a.m. to 12 noon
|
|
Room
103 AEA 4 1382 4th Ave. Sioux Center, Iowa
|
October
7, 1998 9 a.m. to 12 noon
|
|
Room
209A Western Hills AEA 12 1520 Morningside Ave. Sioux City, Iowa
|
October
7, 1998 9 a.m. to 12 noon
|
HISTORICAL
DIVISION[223]
|
|
|
Historical
resource development program, 49.1 to 49.3, 49.5 to 49.7 IAB 10/7/98
ARC 8390A
|
Tone
Board Room State Historical Bldg. 600 E. Locust Des Moines, Iowa
|
October
27, 1998 10 a.m.
|
INSPECTIONS
AND APPEALS DEPARTMENT[481]
|
|
|
Intermediate
care facilities, 58.8 IAB 10/7/98 ARC 8381A
|
Director's
Conference Room Second Floor Lucas State Office Bldg. Des Moines, Iowa
|
October
27, 1998 1 p.m.
|
LABOR
SERVICES DIVISION[347]
|
|
|
Organizational
structure, Amend and transfer 347--chs 1, 2 to 875--chs 1, 2 IAB
9/23/98 ARC 8355A
|
1000
E. Grand Ave. Des Moines, Iowa
|
October
15, 1998 9 a.m. (If requested)
|
General
industry safety and health, 10.20 IAB 9/23/98 ARC 8351A
|
1000
E. Grand Ave. Des Moines, Iowa
|
October
15, 1998 9 a.m. (If requested)
|
Construction
safety and health, 26.1 IAB 9/23/98 ARC 8352A
|
1000
E. Grand Ave. Des Moines, Iowa
|
October
15, 1998 9 a.m. (If requested)
|
NATURAL
RESOURCE COMMISSION[571]
|
|
|
General
license regulations, 15.2, 15.3(4) IAB 10/7/98 ARC 8393A
|
Conference
Room--5th Floor East Wallace State Office Bldg. Des Moines, Iowa
|
October
29, 1998 8:30 a.m.
|
Boating
speed on Avenue of the Saints Lake, 45.4(2) IAB 10/7/98 ARC 8394A
|
Conference
Room--4th Floor West Wallace State Office Bldg. Des Moines, Iowa
|
October
27, 1998 10 a.m.
|
Wild
turkey spring hunting, 98.1(1), 98.3, 98.14 IAB 10/7/98 ARC 8395A
|
Conference
Room--4th Floor Wallace State Office Bldg. Des Moines, Iowa
|
October
28, 1998 10 a.m.
|
PROFESSIONAL
LICENSURE DIVISION[645]
|
|
|
Massage
therapists, 130.1, 130.3 to 130.10, 131.1 to 131.5, 131.7 to
131.19 IAB 9/23/98 ARC 8347A
|
South
Conference Room Level A Hoover State Office Bldg. Des Moines, Iowa
|
October
13, 1998 10 a.m. to 12 noon
|
PUBLIC
HEALTH DEPARTMENT[641]
|
|
|
Reportable
diseases, 1.2(1)"a" IAB 9/23/98 ARC 8357A
|
Conference
Room--3rd Floor Side Two Lucas State Office Bldg. Des Moines, Iowa
|
October
14, 1998 9:30 to 10 a.m.
|
Immunizations--hepatitis
B; polio exemption, 7.4(6) IAB 9/23/98 ARC 8358A
|
Conference
Room--4th Floor Lucas State Office Bldg. Des Moines, Iowa
|
October
14, 1998 10 a.m.
|
Emergency
medical services, 132.1, 132.5(5), 132.8, 132.9(6), 132.16(3),
139.6(2) IAB 9/23/98 ARC 8359A (ICN Network)
|
ICN
Room--3rd Floor Lucas State Office Bldg. Des Moines, Iowa
|
October
15, 1998 2 to 3 p.m.
|
PUBLIC
HEALTH DEPARTMENT[641] (ICN Network) (Cont'd)
|
National
Guard Armory 11 E. 23rd St. Spencer, Iowa
|
October
15, 1998 2 to 3 p.m.
|
|
National
Guard Armory 1712 LaClark Rd. Carroll, Iowa
|
October
15, 1998 2 to 3 p.m.
|
|
National
Guard Armory 1160 10th St. S.W. Mason City, Iowa
|
October
15, 1998 2 to 3 p.m.
|
|
National
Guard Armory 195 Radford Rd. Dubuque, Iowa
|
October
15, 1998 2 to 3 p.m.
|
|
National
Guard Armory 2858 N. Court Rd. Ottumwa, Iowa
|
October
15, 1998 2 to 3 p.m.
|
RACING
AND GAMING COMMISSION[491]
|
|
|
Thoroughbred
racing, 4.24, 4.25, 10.5(17) IAB 10/7/98 ARC 8389A
|
Suite
B 717 E. Court Des Moines, Iowa
|
October
27, 1998 9 a.m.
|
REAL
ESTATE COMMISSION[193E]
|
|
|
Advertising;
noncompliance-- college student aid commission, 1.24(7), 2.4, 4.44, 5.18,
5.19 IAB 9/23/98 ARC 8349A
|
Conference
Room--2nd Floor 1918 S.E. Hulsizer Rd. Ankeny, Iowa
|
October
13, 1998 9 a.m.
|
TRANSPORTATION
DEPARTMENT[761]
|
|
|
Functional
classification of highways, rescind ch 100 IAB 10/7/98 ARC 8361A
|
Conference
Room 800 Lincoln Way Ames, Iowa
|
October
29, 1998 10 a.m. (If requested)
|
Driver's
licenses, amendments to chs 600 to 602, 604, 605, 615, 620, 625, 630,
641 IAB 9/23/98 ARC 8331A
|
Conference
Room Park Fair Mall Lower Level 100 Euclid Ave. Des Moines, Iowa
|
October
15, 1998 10 a.m. (If requested)
|
TREASURER
OF STATE[781]
|
|
|
Iowa
educational savings plan trust, ch 16 IAB 10/7/98 ARC
8391A (See also ARC 8392A herein)
|
Room
19 Basement Floor State Capitol Bldg. Des Moines, Iowa
|
October
30, 1998 9 a.m.
|
CITATION of Administrative Rules
The Iowa Administrative Code
shall be cited as (agency identification number) IAC
(chapter, rule,
subrule, lettered paragraph, or numbered subparagraph).
441 IAC 79
(Chapter)
441 IAC 79.1(249A) (Rule)
441 IAC 79.1(1)
(Subrule)
441 IAC 79.1(1)"a" (Paragraph)
441 IAC
79.1(1)"a"(1) (Subparagraph)
The Iowa Administrative Bulletin shall
be cited as IAB (volume), (number), (publication
date), (page number), (ARC
number).
IAB Vol. XII, No. 23 (5/16/90) p. 2050, ARC 872A
AGENCY IDENTIFICATION NUMBERS
Due to reorganization of state government by 1986 Iowa Acts, chapter 1245, it
was necessary to revise the agency identification numbering system, i.e., the
bracketed number following the agency name.
"Umbrella" agencies and elected officials are set out below at the left-hand
margin in CAPITAL letters.
Divisions (boards, commissions, etc.) are indented and set out in lowercase
type under their statutory "umbrellas."
Other autonomous agencies which were not included in the original
reorganization legislation as "umbrella" agencies are included alphabetically
in small capitals at the left-hand margin, e.g., BEEF INDUSTRY COUNCIL,
IOWA[101].
The following list will be updated as changes occur:
AGRICULTURE AND LAND STEWARDSHIP DEPARTMENT[21]
Agricultural Development Authority[25]
Soil Conservation Division[27]
ATTORNEY GENERAL[61]
AUDITOR OF STATE[81]
BEEF INDUSTRY COUNCIL, IOWA[101]
BLIND, DEPARTMENT FOR THE[111]
CITIZENS' AIDE[141]
CIVIL RIGHTS COMMISSION[161]
COMMERCE DEPARTMENT[181]
Alcoholic Beverages Division[185]
Banking Division[187]
Credit Union Division[189]
Insurance Division[191]
Professional Licensing and Regulation Division[193]
Accountancy Examining Board[193A]
Architectural Examining Board[193B]
Engineering and Land Surveying Examining Board[193C]
Landscape Architectural Examining Board[193D]
Real Estate Commission[193E]
Real Estate Appraiser Examining Board[193F]
Savings and Loan Division[197]
Utilities Division[199]
CORRECTIONS DEPARTMENT[201]
Parole Board[205]
CULTURAL AFFAIRS DEPARTMENT[221]
Arts Division[222]
Historical Division[223]
ECONOMIC DEVELOPMENT, IOWA DEPARTMENT OF[261]
City Development Board[263]
Iowa Finance Authority[265]
EDUCATION DEPARTMENT[281]
Educational Examiners Board[282]
College Student Aid Commission[283]
Higher Education Loan Authority[284]
Iowa Advance Funding Authority[285]
Libraries and Information Services Division[286]
Public Broadcasting Division[288]
School Budget Review Committee[289]
EGG COUNCIL[301]
ELDER AFFAIRS DEPARTMENT[321]
EMPLOYMENT SERVICES DEPARTMENT[341]
Job Service Division[345]
Labor Services Division[347]
EMPOWERMENT BOARD, IOWA[349]
ETHICS AND CAMPAIGN DISCLOSURE BOARD, IOWA[351]
EXECUTIVE COUNCIL[361]
FAIR BOARD[371]
GENERAL SERVICES DEPARTMENT[401]
HUMAN INVESTMENT COUNCIL[417]
HUMAN RIGHTS DEPARTMENT[421]
Community Action Agencies Division[427]
Criminal and Juvenile Justice Planning Division[428]
Deaf Services Division[429]
Persons With Disabilities Division[431]
Latino Affairs Division[433]
Status of Blacks Division[434]
Status of Women Division[435]
HUMAN SERVICES DEPARTMENT[441]
INSPECTIONS AND APPEALS DEPARTMENT[481]
Employment Appeal Board[486]
Foster Care Review Board[489]
Racing and Gaming Commission[491]
State Public Defender[493]
LAW ENFORCEMENT ACADEMY[501]
LIVESTOCK HEALTH ADVISORY COUNCIL[521]
MANAGEMENT DEPARTMENT[541]
Appeal Board, State[543]
City Finance Committee[545]
County Finance Committee[547]
NARCOTICS ENFORCEMENT ADVISORY COUNCIL[551]
NATIONAL AND COMMUNITY SERVICE, IOWA COMMISSION ON[555]
NATURAL RESOURCES DEPARTMENT[561]
Energy and Geological Resources Division[565]
Environmental Protection Commission[567]
Natural Resource Commission[571]
Preserves, State Advisory Board[575]
PERSONNEL DEPARTMENT[581]
PETROLEUM UNDERGROUND STORAGE TANK FUND
BOARD, IOWA COMPREHENSIVE[591]
PREVENTION OF DISABILITIES POLICY COUNCIL[597]
PUBLIC DEFENSE DEPARTMENT[601]
Emergency Management Division[605]
Military Division[611]
PUBLIC EMPLOYMENT RELATIONS BOARD[621]
PUBLIC HEALTH DEPARTMENT[641]
Substance Abuse Commission[643]
Professional Licensure Division[645]
Dental Examiners Board[650]
Medical Examiners Board[653]
Nursing Board[655]
Pharmacy Examiners Board[657]
PUBLIC SAFETY DEPARTMENT[661]
RECORDS COMMISSION[671]
REGENTS BOARD[681]
Archaeologist[685]
REVENUE AND FINANCE DEPARTMENT[701]
Lottery Division[705]
SECRETARY OF STATE[721]
SEED CAPITAL CORPORATION, IOWA[727]
SHEEP AND WOOL PROMOTION BOARD, IOWA[741]
TELECOMMUNICATIONS AND TECHNOLOGY COMMISSION, IOWA[751]
TRANSPORTATION DEPARTMENT[761]
Railway Finance Authority[765]
TREASURER OF STATE[781]
UNIFORM STATE LAWS COMMISSION[791]
VETERANS AFFAIRS COMMISSION[801]
VETERINARY MEDICINE BOARD[811]
VOTER REGISTRATION COMMISSION[821]
WORKFORCE DEVELOPMENT DEPARTMENT[871]
Labor Services Division[875]
Workers' Compensation Division[876]
Workforce Development Board and
Workforce Development Center Administration
Division[877]
NOTICES
ARC 8377A
EDUCATION DEPARTMENT[281]
Notice of Intended Action
Twenty-five interested persons, a governmental subdivision, an agency or
association of 25 or more persons may demand an oral presentation hereon as
provided in Iowa Code section 17A.4(1)"b."
Notice is also given
to the public that the Administrative Rules Review Committee may, on its own
motion or on written request by any individual or group, review this proposed
action under section 17A.8(6) at a regular or special meeting where the public
or interested persons may be heard.
Pursuant to the authority of Iowa Code section 256.7(5), the Iowa Department of
Education hereby gives Notice of Intended Action to amend Chapter 6, "Appeal
Procedures," Iowa Administrative Code.
The proposed amendments in Chapter 6 eliminate the need for a hearing panel on
routine hearings, allow the filing of appeals to be accomplished by facsimile,
and allow the administrative law judge to grant rehearings to eliminate the
present requirement that the State Board be convened in a special meeting to
grant a rehearing.
No public hearing will be held. However, any interested person may make
written suggestions or comments on these proposed amendments on or before
October 27, 1998. Any written materials should be directed to the Legal
Consultant, Office of the Director, Department of Education, Grimes State
Office Building, Des Moines, Iowa 50319-0146; fax (515)281-4122.
These amendments are intended to implement Iowa Code section 290.1.
The following amendments are proposed.
ITEM 1. Amend rule 281--6.1(256) by rescinding the definition of
"Hearing panel" and inserting the following new definition in
lieu thereof:
"Hearing panel," as used in this chapter, shall refer to the director of
education, or the director's designee, sitting as the administrative law judge
and two members of the department of education staff designated by the
administrative law judge to hear the presentation of evidence or oral arguments
concerning appeals which are unusual or which present issues of first
impression.
ITEM 2. Amend subrule 6.3(1) as follows:
6.3(1) An appeal shall be made in the form of an affidavit, unless an
affidavit is not required by the statute establishing the right of appeal,
which shall set forth the facts, any error complained of, or the reasons for
the appeal in a plain and concise manner, and which shall be signed by the
appellant and delivered to the office of the director by United States Postal
Service, facsimile (fax), or personal service. The affidavit shall be
considered as filed with the agency on the date of the United States Postal
Service postmark, the date of arrival of the facsimile, or the date
personal service is made. Delivery of the affidavit or other request
for appeal shall not be made by facsimile (fax). Time shall be
computed as provided in Iowa Code subsection 4.1(34).
ITEM 3. Amend rule 281--6.13(17A) as follows:
281--6.13(17A) Application for rehearing of final decision. Any party
may file an application for rehearing with the administrative law judge stating
the specific grounds therefor, and the relief sought, within 20 days after the
issuance of any final decision by the board. A copy of the application shall
be timely mailed by the department to all parties of rec-ord not joining
therein. Such application for rehearing shall be deemed to have been denied
unless the board administrative law judge grants the
application within 20 days of the filing. A rehearing shall not be granted
unless it is necessary to correct a mistake of law or fact.
ITEM 4. Amend subrule 6.14(1) as follows:
6.14(1) In the event the board directs a rehearing, the hearing
panel administrative law judge, in arriving at a subsequent
decision, may either review the record and arguments or may proceed with either
a full or partial hearing under the appeal hearing provisions of this
chapter.
arc 8376a
EDUCATION DEPARTMENT[281]
Notice of Intended Action
Twenty-five interested persons, a governmental subdivision, an agency or
association of 25 or more persons may demand an oral presentation hereon as
provided in Iowa Code section 17A.4(1)"b."
Notice is also given
to the public that the Administrative Rules Review Committee may, on its own
motion or on written request by any individual or group, review this proposed
action under section 17A.8(6) at a regular or special meeting where the public
or interested persons may be heard.
Pursuant to the authority of Iowa Code section 256.7(5), the Iowa Department of
Education hereby gives Notice of Intended Action to amend Chapter 26, "Driver
Education," Iowa Administrative Code.
The proposed amendments establish new qualifications for a driver education
instructor and eliminate the waiver provision of 180 minutes of
behind-the-wheel street driving.
No public hearing will be held. However, any interested person may make
written suggestions or comments on these proposed amendments on or before
October 27, 1998. Any written materials should be directed to the Bureau of
Administration and School Improvement Services, Department of Education, Grimes
State Office Building, Des Moines, Iowa 50319-0146; fax (515)281-7700.
These amendments are intended to implement 1998 Iowa Acts, House File 2528.
The following amendments are proposed.
ITEM 1. Rescind rule 281--26.1(256) and adopt the following new
rule in lieu thereof:
281--26.1(256) Licensure and approval. To be qualified as a classroom
or laboratory driver education instructor, a person shall have satisfied the
educational requirements for a teaching license at the elementary or secondary
level and hold a valid license to teach driver education in the public schools
of this state. Street or highway driving instruction may be provided by a
person qualified as a classroom driver education instructor or a person
certified by the department of transportation.
ITEM 2. Rescind subrule 26.2(3).
ARC 8374A
EDUCATION DEPARTMENT[281]
Notice of Intended Action
Twenty-five interested persons, a governmental subdivision, an agency or
association of 25 or more persons may demand an oral presentation hereon as
provided in Iowa Code section 17A.4(1)"b."
Notice is also given
to the public that the Administrative Rules Review Committee may, on its own
motion or on written request by any individual or group, review this proposed
action under section 17A.8(6) at a regular or special meeting where the public
or interested persons may be heard.
Pursuant to the authority of Iowa Code section 256.7(5), the Iowa Department of
Education hereby gives Notice of Intended Action to adopt a new Chapter 48,
"Certified School to Career Program Approval," Iowa Administrative Code.
The proposed rules implement program approval rules for a new program
authorized by 1998 Iowa Acts, Senate File 2296, sections 15 to 21. The
Certified School to Career Program Approval is designed to provide an
articulated sequential program of study, including secondary and postsecondary
components, resulting in a diploma, associate's degree, or other credential and
utilizing paid work-site internships in partnership with an employer to prepare
participants for specific employment. Additionally, the program assists
participants in preparing for a career field and provides postsecondary
education financing and employment opportunities in Iowa.
Public comments concerning the proposed new chapter will be accepted until 4
p.m. on October 29, 1998. Interested persons may submit written or oral
comments by contacting Jerda Garey, Chief, Bureau of Technical and Vocational
Education, Department of Education, Grimes State Office Building, Des Moines,
Iowa 50319; telephone number (515) 281-3542.
A public hearing to receive comments about the proposed new chapter will be
held on October 29, 1998, from 2 to 4 p.m. in the Department of Economic
Development, ICN Room, 200 East Grand Avenue, Des Moines, Iowa.
ICN hearing sites will be at:
Kirkwood Community College, ICN Classroom 4, 6301 Kirkwood Boulevard S.W.,
Cedar Rapids, Iowa;
Iowa Western Community College, Looft Hall, 2700 College Road, Council Bluffs,
Iowa;
North Iowa Area Community College, Activity Center 106, 500 College Drive,
Mason City, Iowa;
Indian Hills Community College, Advanced Technology Center, Room 108, 525
Grandview Avenue, Ottumwa, Iowa;
Western Hills Area Education Agency, Room 209A, 1520 Morningside Avenue, Sioux
City, Iowa.
These rules are intended to implement 1998 Iowa Acts, Senate File 2296,
sections 15 to 21.
The following new chapter is proposed:
CHAPTER 48
CERTIFIED SCHOOL TO CAREER
PROGRAM APPROVAL
281--48.1(77GA,SF2296) Purpose. The purpose of the certified school to
career program is to provide an articulated sequential program of study,
including secondary and postsecondary components (with the option of registered
apprenticeship) and paid internship, resulting in a diploma, associate's
degree, or other credential in partnership with an employer to prepare
participants for a career field. Additionally, the program provides the
participant with postsecondary education financing and employment opportunities
in Iowa.
281--48.2(77GA,SF2296) Definitions. For the purpose of this chapter,
the following definitions apply:
"Apprenticeship program" means a program that is registered by the Bureau of
Apprenticeship and Training, U.S. Department of Labor, and evidenced by a
certificate of registration as meeting the standards of the Bureau of
Apprenticeship and Training and includes a secondary school component. The
apprenticeship program is one of the two eligible school to career programs.
"Approved program" means a program other than an apprenticeship program that
has been reviewed and approved by the state board of education. A public or
private secondary school or postsecondary institution, or both, is the entity
responsible for submission of the program, coordination of the required
parties, program development, and coordination of the training agreement(s).
"Articulation" means the process of mutually agreeing upon skills, knowledge,
and performance levels transferable among approved apprenticeship programs,
secondary schools and postsecondary institutions for advanced placement or
credit in a school to career program.
"Articulation agreement" means the written document that includes the decisions
agreed upon by the secondary school(s) and eligible postsecondary
institution(s) and the process used by the institution or apprenticeship
program to grant advanced placement or credit.
"Career field" means an occupational area.
"Certified school to career program" or "certified program" means a sequenced
and articulated secondary and postsecondary program registered as an
apprenticeship program under 29 CFR. Subtitle A, Part 29, which is conducted
pursuant to an agreement as provided in 1998 Iowa Acts, Senate File 2296,
section 18, or a program approved by the state board of education, in
conjunction with the department of economic development, as meeting the
standards enumerated in 1998 Iowa Acts, Senate File 2296, section 17, that
integrates a secondary school curriculum with private sector job training which
places participants in job internships, and which is designed to continue into
postsecondary education and that will result in teaching new skills and adding
value to the wage-earning potential of participants and increase their
long-term employability in the state and which is conducted pursuant to an
agreement as provided in 1998 Iowa Acts, Senate File 2296, section 18.
"Department" means the Iowa department of education.
"Individual training plan" means a written statement of the training commitment
from institutions involved including an outline of a definite plan of
progressive experiences and learning activities and serves as a schedule or
step-by-step plan for training to be used by the employer, school,
postsecondary institution, and participant.
"Internship" means work-site learning in which a three-way partnership is
established among the secondary school or postsecondary institution, employer,
and participant for the purpose of providing experiences related to the
participant's career field. A signed agreement among all parties outlining a
participant's individual training plan is a necessary component of an
internship.
"Mentor" means an employee(s) who possesses the skills and knowledge of the
occupation to be mastered by a participant and who instructs and critiques the
performance of the participant in accordance with industry standards.
"Minimum academic standards" means the set of standards and performance levels
agreed to by the employer and participant that must be maintained throughout
the program for the participant to be eligible for financial program benefits
and the academic requirements established by the secondary school and
postsecondary institutions.
"Participant" means an individual between the ages of 16 and 24 who is enrolled
in a public or private secondary school or postsecondary institution and who
initiated participation in a certified school to career program as part of the
individual's secondary school education.
"Postsecondary institution" means an institution of higher learning under the
control of the state board of regents, a community college established under
Iowa Code chapter 260C, or an accredited private institution as defined in Iowa
Code section 261.9, subsection 1.
"Sponsor" means any person, association, committee, or organization operating a
school to career program and in whose name the program is or will be registered
or approved.
"Teacher" means the individual who holds an appropriate license and endorsement
and who is responsible for the oversight of the participant's preparation and
participation, in school and in the work site, and for the development of the
individual training plan.
281--48.3(77GA,SF2296) Program requirements. A school to career
program approved by the state board of education shall comply with the
following minimum requirements:
1. An application completed on a form provided by the department of
education.
2. Participation of a public or private secondary school, postsecondary
institution, and one or more employers.
3. An agreement developed and agreed to by all entities participating in the
program. The agreement shall identify the program sponsor and describe the
roles and responsibilities of each of the entities and other administrative
issues as required by Iowa Code chapter 28E.
4. Program's standards and required performance levels of participants approved
by the employer(s).
5. Specific career field content and related academic instruction during the
junior and senior year of the secondary component.
6. One or more years of postsecondary education in the career field.
7. Equivalent of three paid summer internships supervised by a teacher for each
participant beginning after completion of the junior year in high school.
8. Not less than a two-year work commitment provided for the participant
following the participant's completion of the program.
9. A mentor assigned by the employer in the career field of the participant.
10. Compliance with all state and federal laws pertaining to the workplace.
11. Instruction in health and safety related to the career field and industry
the participant is preparing to enter.
12. A program evaluation component for gathering data that can be utilized to
improve the program and report the impact of the program to members of the
public.
13. Assessment services that are utilized to determine the supportive services
(including remedial instruction) needed for each participant to successfully
complete the program.
14. Recruitment strategies that encourage the full participation of all
participants who desire to enter the career field that the program is preparing
the participant to enter regardless of gender, race, ethnicity or
disability.
15. An individual training plan developed for each participant and agreed to by
the participant, public or private secondary school, postsecondary institution
and sponsoring employer. The plan shall include, but not be limited to, the
following: identification of the parties involved; statement of program
purposes; career field of the participant; duration of the training period;
time schedule of work; classroom instruction, including internships; beginning
wage; employer responsibilities; school and teacher responsibilities;
participant responsibilities; parent/guardian responsibilities; name, date of
birth, age, address, and telephone number of participant; signatures of
participant, parent/guardian where applicable, employer, and teacher; accident
and liability insurance provisions; rotation across all work processes of the
career field; causes for imposition of penalties or other disciplinary action;
nondiscrimination statement; schedule of special training sessions provided by
employer; tasks to be learned and performed on the job; employer-established
performance and academic standards; safety instruction; schedule of specific
job-related and academic instruction; and assessment and evaluation process and
timeline.
16. An approval process which requires an assurance that the individual plan
will be developed and monitored.
281--48.4(77GA,SF2296) Approval process. The private or public
secondary school or postsecondary institution submits a request for program
approval to the state board of education. The department of education staff
will review the application to determine its eligibility for approval and
forward the recommendation to the state board of education. Upon state board
action, the department will notify the program applicant and the department of
economic development of the approval of the certified school to career program.
Refer to Iowa Code chapter 11 and sections 15.104 and 15.106 for other
procedures.
48.4(1) The department of education and state board of education shall
utilize the following criteria in the review and approval of the certified
school to career program plans. The plan shall include evidence of the
following:
a. A sequential two-year secondary program which is articulated into a
postsecondary program of one or more years in the career field and includes a
listing of any other institutions with which the program is articulated.
b. Participation of a public or private secondary school, postsecondary
institution, and one or more employers. Other sponsor(s) and their role(s) are
identified.
c. An identified need for the program with appropriate labor market trend
information and data.
d. A description of skills and knowledges needed for entry into the career
field.
e. A description of the courses and their length designed to deliver proposed
program with evidence that instruction includes competency-based specific
career field content in the secondary and postsecondary components and that
related academic instruction is also identified in the two-year secondary
component.
f. A description of program evaluation component for gathering data that can be
utilized to improve the program and report the impact of the program to members
of the public.
g. Evidence of instruction in health and safety related to the career field and
industry the participant is preparing to enter.
h. A description of the recruitment strategies that will encourage the full
participation of all participants who desire to enter the program.
i. A description of the supportive services that will be provided to program
participants to enable their successful participation in the program.
48.4(2) The following assurances shall be provided:
a. Participating employer(s) agrees to provide the equivalent of three paid
summer internships and two years of work experience following program
completion.
b. Individual training plans will be developed and monitored for each
participant.
c. Employer(s) will select a mentor for each student in the program career
field, and the mentor will receive appropriate training.
d. Assessment services are utilized to determine the supportive services needed
for each participant to successfully complete the program.
e. Program complies with all state and federal laws pertaining to the
workplace.
f. Instructors teaching in this program will be appropriately licensed.
g. Program is jointly administered and appropriate contracts are in place.
h. Program complies with all federal and state laws which prohibit
discrimination on the basis of race, color, national origin, gender,
disability, religion, creed, age, or marital status in educational programs.
i. Services to students with disabilities are provided in the least restrictive
environment that will meet their needs.
ARC 8378A
EDUCATION DEPARTMENT[281]
Notice of Intended Action
Twenty-five interested persons, a governmental subdivision, an agency or
association of 25 or more persons may demand an oral presentation hereon as
provided in Iowa Code section 17A.4(1)"b."
Notice is also given
to the public that the Administrative Rules Review Committee may, on its own
motion or on written request by any individual or group, review this proposed
action under section 17A.8(6) at a regular or special meeting where the public
or interested persons may be heard.
Pursuant to the authority of Iowa Code section 256.7(5), the Iowa State Board
of Education hereby gives Notice of Intended Action to adopt Chapter 69,
"Waiver of School Breakfast Program Requirement," Iowa Administrative Code.
This new chapter allows for the application for waiver of the requirement that
all school districts shall operate or provide for the operation of school
breakfast programs at all public schools in each district. Waivers may be
granted for a period of one year. The waiver must be approved by the Iowa
State Board of Education.
A public hearing will be held November 2, 1998, at 1 p.m. in the State Board
Room, Second Floor, Grimes State Office Building, Des Moines, Iowa. Written or
oral comments may be directed to Julia Thorius, Chief, Bureau of Food and
Nutrition, Education Department, Grimes State Office Building, Des Moines, Iowa
50319; telephone (515) 281-5356, by November 2, 1998.
These rules are intended to implement Iowa Code section 283A.2.
The following new chapter is proposed.
CHAPTER 69
WAIVER OF SCHOOL BREAKFAST
PROGRAM REQUIREMENT
281--69.1(283A) General statement. Applications for waiver of the
requirement that all school districts shall operate or provide for the
operation of school breakfast programs at all public schools in each district
effective July 1, 1999, until July 1, 2000, are subject to approval by the Iowa
state board of education as provided in Iowa Code section 283A.2(3).
281--69.2(283A) Definitions. For purposes of clarity, the following
definitions are used throughout this chapter:
"Department" means the Iowa department of education.
"Nutritionally adequate meal" means a lunch or breakfast which meets the
minimum criteria for eligibility for federal reimbursement under the federal
National School Lunch Act of 1946 and the federal Child Nutrition Act of
1966.
"School" means a public school of high school grade or under.
"School board" means a board of school directors regularly elected by the
registered voters of a school corporation or district of the state of Iowa.
"School breakfast or lunch program" means a program under which breakfasts or
lunches are served by any public school in the state of Iowa on a nonprofit
basis to children in attendance, including any such program under which a
school receives assistance out of funds appropriated by the Congress of the
United States.
281--69.3(283A) Institutions impacted. Iowa Code section 283A.2 states
that all public school districts shall operate or provide for the operation of
school breakfast programs at all public schools in each district beginning with
the July 1, 1999, school year unless the state board of education has granted a
waiver. Under Iowa Code section 283A.2(3), waivers are only available for the
1999-2000 school year.
281--69.4(283A) Criteria for applying for a waiver. Each school or
school district unable to meet the requirement to provide a school breakfast
program may, not later than June 1, 1999, for the school year beginning July 1,
1999, file, on forms provided by the department, a written request to the state
board of education for a waiver of the breakfast program requirement for the
school or school district.
The written request for waiver shall be made by the school district for the
entire district or for one or more schools within the district. The waiver
request shall include the following components:
1. The name(s) of the school or school district applying for the waiver,
agreement number, contact person, and telephone number.
2. The reason(s) for which the waiver is being requested and corresponding
documentation.
3. The percentage of students in attendance at the school during the month of
March 1999 who were eligible for free or reduced price meals.
4. Signatures of the president of the local school board, the school food
authority, and the superintendent.
281--69.5(283A) Approval of waiver applications. The department shall
receive all requests for waiver of the breakfast program requirement. The
department will evaluate the requests and make recommendation for approval or
denial based on the criteria established by the state board of education. The
state board of education will approve or deny all waiver requests. The criteria
for evaluating the waiver request shall include the following:
1. Required components including sufficient detail to justify the reason for
the waiver request.
2. Documentation that less than 35 percent of the students in attendance at the
school during the month of March 1999 were eligible for free or reduced price
meals under the federal National School Lunch Act of 1946 and the federal Child
Nutrition Act of 1966.
3. A valid reason for requesting a waiver:
* A breakfast program was implemented in this facility during the 1997-98
or 1998-99 school year and participation was less than 15 percent of
enrollment, or
* A survey was conducted of all households in the school's attendance area
within the past year and less than 25 percent expressed interest in
participating in a breakfast program, or
* The district school food service program is operating with a negative
balance, or
* A breakfast program is offered to all students in the district although a
breakfast program is not available in all school buildings, or
* Any other circumstance as determined by the state board that warrants the
granting of the waiver request.
281--69.6(283A) Notification. The department will notify school
districts if the request for waiver of the school breakfast program requirement
for the school year beginning July 1, 1999, has been approved or denied. The
notification will be mailed within ten working days of the decision by the
state board of education.
281--69.7(283A) Schools granted a waiver from the school breakfast program
requirement. School districts granted a waiver for the school year
beginning July 1, 1999, shall be required to file a plan for implementing the
required breakfast program for the following school year. The written plan
shall be on file with the department no later than May 31, 2000.
281--69.8(283A) Appeal of waiver denial. A decision by the state board
to deny a waiver is final. Any applicant may appeal the denial of a properly
submitted waiver application to district court under the provisions of Iowa
Code chapter 17A.
These rules are intended to implement Iowa Code section 283A.2.
ARC 8371A
EDUCATION DEPARTMENT[281]
Notice of Intended Action
Twenty-five interested persons, a governmental subdivision, an agency or
association of 25 or more persons may demand an oral presentation hereon as
provided in Iowa Code section 17A.4(1)"b."
Notice is also given
to the public that the Administrative Rules Review Committee may, on its own
motion or on written request by any individual or group, review this proposed
action under section 17A.8(6) at a regular or special meeting where the public
or interested persons may be heard.
Pursuant to the authority of Iowa Code section 256.7(5), the Iowa State Board
of Education hereby gives Notice of Intended Action to adopt Chapter 84,
"Financial Incentives for National Board Certification," Iowa Administrative
Code.
This new chapter creates two financial incentive programs for Iowa teachers
receiving National Board Certification (NBC) and provides guidelines to
administer both programs.
Public comments concerning the new chapter will be accepted until November 5,
1998. Interested persons may submit written or oral comments by contacting Ann
Molis, Office of the Director, Department of Education, Grimes State Office
Building, Des Moines, Iowa 50319; telephone (515)281-5296.
A public hearing will be held November 5, 1998, at 9 a.m. in the State Board
Room, Second Floor, Grimes State Office Building, Des Moines, Iowa.
These rules were also Adopted and Filed Emergency and are published herein as
ARC 8372A. The content of that submission is incorporated by
reference.
These rules are intended to implement 1998 Iowa Acts, Senate File 2366, section
5.
ARC 8390A
HISTORICAL DIVISION[223]
Notice of Intended Action
Twenty-five interested persons, a governmental subdivision, an agency or
association of 25 or more persons may demand an oral presentation hereon as
provided in Iowa Code section 17A.4(1)"b."
Notice is also given
to the public that the Administrative Rules Review Committee may, on its own
motion or on written request by any individual or group, review this proposed
action under section 17A.8(6) at a regular or special meeting where the public
or interested persons may be heard.
Pursuant to the authority of Iowa Code sections 17A.3 and 303.1A, the
Historical Division of the Department of Cultural Affairs hereby gives Notice
of Intended Action to amend Chapter 49, "Historical Resource Development
Program," Iowa Administrative Code.
The proposed amendments will clarify existing rules governing the HRDP program,
will streamline the review proc-ess, and will change the application deadline
from May 1 to January 15.
Any interested person may make written suggestions or comments on the proposed
amendments on or before October 27, 1998. Such written material should be
directed to the Administrator, State Historical Society of Iowa, 600 East
Locust, Des Moines, Iowa 50319, or fax (515)242-6498. Persons who wish to
convey their views orally shall contact the Administrator at (515)281-8837 or
at the administrative offices on the third floor of the State Historical
Building, 600 East Locust, Des Moines, Iowa.
A public hearing will be held on October 27, 1998, at10 a.m. in the Tone Board
Room of the State Historical Building, 600 East Locust, Des Moines, Iowa, at
which time persons may present their views either orally or in writing. At the
hearing, persons will be asked to give their names and addresses for the
record, and to confine their remarks to the subject of the amendments.
These amendments are intended to implement Iowa Code sections 303.1A, 303.16,
and 455A.15 to 455A.20.
The following amendments are proposed.
ITEM 1. Amend rule 223--49.1(303) as follows:
223--49.1(303) Purpose. The Iowa historical resource development
program provides grants and loans to preserve, conserve, interpret, educate
the public about and enhance the historical resources of the state.
ITEM 2. Amend rule 223--49.2(303) as follows:
Amend the following definitions:
"Documentary collections" means collections of current or historical materials
that are or might become valuablein interpreting Iowa history including, but
not limited to,government records, newspapers, photographic
images,machine-readable data, manuscripts, and printed materials.
"Historical resource" means any site that is listed or declared
eligible by the state historic preservation officer for listing by
the state historic preservation officer on the National Register of
Historic Places or personal property which has inherent historical value due to
its association with the history of Iowa or the heritage of its people.
Adopt the following new definitions in alphabetical order:
"Education" means a project that has some component of training as an activity.
Any training must include "how to" and "why" preserve historical resources as a
component.
"In-kind match" means donated material, services, or labor which is used for
the grant project.
ITEM 3. Amend subrule 49.3(1), paragraph "a," as follows:
a. Historic preservation. Project applications in this category may include,
but are not limited to, acquisition, development or preservation of real
property eligible for, or listed on, the
National Register of Historic Places until May 1, 1997. Effective May
1, 1998, real property in this category must be listed on the National Register
of Historic Places. Projects in this category may also include
acquisition, development, or preservation of archaeological property listed on
or eligible for the National Register of Historic Places; survey of prehistoric
and historic sites; nomination of properties to the National Register of
Historic Places; interpretation, public education, staff training or
consultation related to historic preservation; and the equipment and facilities
necessary for any of the foregoing tasks.
ITEM 4. Amend subrule 49.3(2), paragraph "d," as follows:
d. Museum or documentary collections. All proposed projects in the museum or
documentary collections categories which propose work on real property listed
on or determined eligible for the National Register of
Historic Places shall adhere to the recommended approaches in the Secretary of
the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating
Historic Buildings (Revised 1990), published by the National Park Service.
Project applications which propose work on real property which is 50 years old
or older but is not yet listed on or determined eligible for the National
Register of Historic Places are strongly encouraged to adhere to the Secretary
of the Interior's Standards for Rehabilitation.
ITEM 5. Amend subrule 49.5(2), paragraph "d," as follows:
d. Letter from National Park Service, or the state historic preservation
officer, approving Certified Local Government status, if appropriate;
ITEM 6. Amend subrule 49.5(3) as follows:
49.5(3) Annual deadlines.
a. If an applicant wishes to have an application critiqued for
technical requirements and general eligibility, the draft application plus one
copy must be postmarked by March 1.
b a. Applicants shall submit the original application
and 11 six copies to the REAP/HRDP coordinator.
c b. Applications shall be postmarked
by have a United States Postal Service postmark dated on or before
January 15, or be delivered to the REAP/HRDP office during regular
business hours no later than May 1 January 15.
ITEM 7. Amend subrule 49.6(1), paragraphs "c" and "d," as
follows:
c. The state historical society board of trustees shall review and make funding
recommendations to the administrator of the society no later than
October June 1 of each year.
d. The administrator shall award funding and provide notification to recipients
no later than October June 15 of each year.
ITEM 8. Amend subrule 49.6(3), paragraph "e," as follows:
e. Limitations. Emergency funding shall be limited to no more than
$30,000 $15,000 per application and no more than
$30,000 $15,000 per applicant in a 12-month period.
This limitation shall not affect funds acquired by other than state
appropriations.
ITEM 9. Amend subrule 49.7(1), paragraph "b," as follows:
Amend subparagraph (7) as follows:
(7) All contracts shall be completed within 24 30
months from the date of the signature by the administrator of the society.
Adopt the following new subparagraph:
(18) The cost of hiring professional consultants to provide needed technical
guidance during project implementation shall be included as a part of each
grant application and contract.
ITEM 10. Rescind subrule 49.7(2), paragraph "f," and adopt the
following new paragraph in lieu thereof:
f. All grantees shall submit documentation of the issuance of funding
acknowledgements to local legislators and press releases to local media,
describing projects or programs funded with REAP/HRDP funds, specifically to
include the following credit line: "This project was partially supported by a
Resource Enhancement and Protection (REAP)/Historical Resource Development
Program (HRDP) grant from the State Historical Society of Iowa." Permanent
sign-age will be provided by the state to each grantee. All signs shall be
displayed in a public area for a time period of no less than 36 months.
ARC 8362A
HUMAN SERVICES DEPARTMENT[441]
Notice of Intended Action
Twenty-five interested persons, a governmental subdivision, an agency or
association of 25 or more persons may demand an oral presentation hereon as
provided in Iowa Code section 17A.4(1)"b."
Notice is also given
to the public that the Administrative Rules Review Committee may, on its own
motion or on written request by any individual or group, review this proposed
action under section 17A.8(6) at a regular or special meeting where the public
or interested persons may be heard.
Pursuant to the authority of Iowa Code section 249A.4, the Department of Human
Services proposes to amend Chapter 78, "Amount, Duration and Scope of Medical
and Remedial Services," appearing in the Iowa Administrative Code.
These amendments establish prior authorization requirements which must be met
for Medicaid payment to be made for drugs used for treatment of male sexual
dysfunction. Currently marketed drugs in this class are Viagra, Caverject,
Muse, and yohimbine. For prior authorization to be granted, the patient must
be 21 years of age or older, have a confirmed diagnosis of impotence of organic
origin or psychosexual dysfunction, and not be taking any medications which are
contraindicated for concurrent use with the drug prescribed for treatment of
male sexual dysfunction.
These drugs are not necessary to sustain life but are considered "quality of
life" drugs. Most third-party payors have established limits on reimbursement
for the drugs.
The Medicaid Drug Utilization Review Commission has recommended that the drugs,
with the exception of yohimbine, be limited to four doses in a 30-day period,
which is within the range of what other payors are allowing. These amendments
establish that limit.
The 72-hour emergency supply rule does not apply for these drugs.
Consideration will be given to all written data, views, and arguments thereto
received by the Bureau of Policy Analysis, Department of Human Services, Hoover
State Office Building, Des Moines, Iowa 50319-0114, on or before October 28,
1998.
These amendments are intended to implement Iowa Code section 249A.4.
The following amendments are proposed.
ITEM 1. Amend subrule 78.1(2), paragraph "a," subparagraph
(3), by adding the following new paragraphs immediately
above the last two unnumbered paragraphs:
Prior authorization is required for drugs used for the treatment of male sexual
dysfunction. For prior authorization to be granted, the patient must:
1. Be 21 years of age or older.
2. Have a confirmed diagnosis of impotence of organic origin or psychosexual
dysfunction.
3. Not be taking any medications which are contraindicated for concurrent use
with the drug prescribed for treatment of male sexual dysfunction.
Approval for these drugs, with the exception of yohimbine, will be limited to
four doses in a 30-day period.
The 72-hour emergency supply rule found below and at paragraph 78.28(1)"d" does
not apply for drugs used for the treatment of male sexual dysfunction.
(Cross-reference 78.28(1)"d"(13))
ITEM 2. Amend subrule 78.28(1), paragraph "d," by adding the
following new subparagraph (13):
(13) Prior authorization is required for drugs used for the treatment of male
sexual dysfunction. For prior authorization to be granted, the patient
must:
1. Be 21 years of age or older.
2. Have a confirmed diagnosis of impotence of organic origin or psychosexual
dysfunction.
3. Not be taking any medications which are contraindicated for concurrent use
with the drug prescribed for treatment of male sexual dysfunction.
Approval for these drugs, with the exception of yohimbine, will be limited to
four doses in a 30-day period.
The 72-hour emergency supply rule found above and at 78.1(2)"a"(3) does not
apply for drugs used for the treatment of male sexual dysfunction.
(Cross-reference 78.1(2)"a"(3))
ARC 8383A
HUMAN SERVICES DEPARTMENT[441]
Notice of Intended Action
Twenty-five interested persons, a governmental subdivision, an agency or
association of 25 or more persons may demand an oral presentation hereon as
provided in Iowa Code section 17A.4(1)"b."
Notice is also given
to the public that the Administrative Rules Review Committee may, on its own
motion or on written request by any individual or group, review this proposed
action under section 17A.8(6) at a regular or special meeting where the public
or interested persons may be heard.
Pursuant to the authority of Iowa Code section 249A.4, the Department of Human
Services proposes to amend Chapter 83, "Medicaid Waiver Services," appearing in
the Iowa Administrative Code.
This amendment adds five counties, Audubon, Henry, Shelby, Sioux, and Taylor,
to the Elderly Waiver program effective April 1, 1999. With this addition, all
counties in the state have the Elderly Waiver program. Since all counties will
now have the Elderly Waiver program, this amendment replaces the eligibility
requirement for residence in the listed counties with a requirement of
residence in the state.
Consideration will be given to all written data, views, and arguments thereto
received by the Bureau of Policy Analysis, Department of Human Services, Hoover
State Office Building, Des Moines, Iowa 50319-0114, on or before October 28,
1998.
This amendment is intended to implement Iowa Code section 249A.4.
The following amendment is proposed.
Rescind subrule 83.22(1), paragraph "b," and insert the following
new paragraph in lieu thereof:
b. A resident of the state of Iowa.
ARC 8380A
INSPECTIONS AND APPEALS DEPARTMENT[481]
Notice of Intended Action
Twenty-five interested persons, a governmental subdivision, an agency or
association of 25 or more persons may demand an oral presentation hereon as
provided in Iowa Code section 17A.4(1)"b."
Notice is also given
to the public that the Administrative Rules Review Committee may, on its own
motion or on written request by any individual or group, review this proposed
action under section 17A.8(6) at a regular or special meeting where the public
or interested persons may be heard.
Pursuant to the authority of Iowa Code section 135H.10, the Department of
Inspections and Appeals proposes to amend Chapter 41, "Psychiatric Medical
Institutions for Children (PMIC)," Iowa Administrative Code.
This amendment updates references to reflect changes in Iowa Code chapters 135H
and 237.
Interested persons may make written comments or suggestions on the proposed
amendment on or before October 27, 1998. Written materials should be addressed
to the Director, Department of Inspections and Appeals, Lucas State Office
Building, Des Moines, Iowa 50319-0083; fax (515)242-6863.
This amendment is intended to implement Iowa Code section 135H.7.
The following amendment is proposed.
Amend rule 481--41.2(135H) as follows:
481--41.2(135H) Application for license. In order to obtain an initial
license for a PMIC, the applicant must comply with Iowa Code
Supplement chapter 135H and the rules in this chapter. Each
applicant must submit the following documents to the department:
1. A completed Psychiatric Medical Institutions for Children application;
2. A copy of a department of human services license as a comprehensive
residential care facility issued pursuant to Iowa Code section 237.3(2)"a,"
or a copy of a license granted by the department of public health pursuant to
Iowa Code section 125.13, as a facility which provides substance abuse
treatment;
3. A floor plan of each floor of the facility on 8½" by 11" paper
showing:
Room areas in proportion,
Room dimensions,
Numbers for all rooms including bathrooms,
A designation of use for each room, and
Window and door locations.
4. A photograph of the front and side elevation of the facility;
5. The PMIC license fee; and
6. Evidence of:
Accreditation by the joint commission on accreditation of health care
organizations (JCAHOs);
Department of public health certificate of need;
Department of human services determination of approval; and
Three years under the direction of an agency which has operated a facility:
* Licensed under Iowa Code section 237.3(2)"a"(3), or
* Providing services exclusively to children or adolescents and the
facility meets or exceeds the requirements for licensure under Iowa Code
section 237.3(2)"a"(3).
This rule is intended to implement Iowa Code Supplement
sections 135H.4 and 135H.5.
ARC 8381A
INSPECTIONS AND APPEALS DEPARTMENT[481]
Notice of Intended Action
Twenty-five interested persons, a governmental subdivision, an agency or
association of 25 or more persons may demand an oral presentation hereon as
provided in Iowa Code section 17A.4(1)"b."
Notice is also given
to the public that the Administrative Rules Review Committee may, on its own
motion or on written request by any individual or group, review this proposed
action under section 17A.8(6) at a regular or special meeting where the public
or interested persons may be heard.
Pursuant to the authority of Iowa Code section 135C.14, the Department of
Inspections and Appeals proposes to amend Chapter 58, "Intermediate Care
Facilities," Iowa Administrative Code.
The amendment modifies the time period that an acting administrator can be
appointed to assume administrative responsibilities for an intermediate care
facility under specified circumstances. Under the current rule, an acting
administrator can be appointed for consecutive 6-month periods. The amendment
clarifies that the 6-month time period under which a facility may have an
acting administrator must be limited to one appointment during any 12-month
period.
Any interested person may make written comments or suggestions on the amendment
on or before October 27, 1998. Written materials should be addressed to the
Director, Department of Inspections and Appeals, Lucas State Office Building,
Des Moines, Iowa 50319-0083; fax (515) 242-6863.
A public hearing will be held on October 27, 1998, at1 p.m. in the Director's
Conference Room, Second Floor, Lucas State Office Building, East 12th and Grand
Avenue, Des Moines, Iowa. Persons may present their views orally or in writing
at the public hearing.
This amendment is intended to implement Iowa Code section 135C.14(8).
The following amendment is proposed.
Amend subrules 58.8(1) and 58.8(4) as follows:
58.8(1) Each intermediate care facility shall have one person in
charge, duly licensed as a nursing home administrator or acting in a
provisional capacity in accordance with the laws of the state of Iowa
and the rules of the Iowa board of examiners for nursing home
administrators. (III)
58.8(4) A provisional administrator may be appointed on a temporary
basis by the intermediate care facility licensee to assume the administrative
responsibilities for an intermediate care facility for a period not to
exceed six months duties when the facility, through no
fault of its own, the home has lost its administrator and has
not been able unable to replace the
administrator provided that no facility licensed under Iowa Code chapter
135C shall be permitted to have a provisional administrator for more than 6
months in any 12-month period and further provided that:
a. The department has been notified prior to the date of the administrator's
appointment; (III)
b. The board of examiners for nursing home administrators has approved the
administrator's appointment and has confirmed such appointment in writing to
the department. (III)
ARC 8393A
NATURAL RESOURCE COMMISSION[571]
Notice of Intended Action
Twenty-five interested persons, a governmental subdivision, an agency or
association of 25 or more persons may demand an oral presentation hereon as
provided in Iowa Code section 17A.4(1)"b."
Notice is also given
to the public that the Administrative Rules Review Committee may, on its own
motion or on written request by any individual or group, review this proposed
action under section 17A.8(6) at a regular or special meeting where the public
or interested persons may be heard.
Pursuant to the authority of Iowa Code subsection 455A.5(6), the Natural
Resource Commission hereby gives Notice of Intended Action to amend Chapter 15,
"General License Regulations," Iowa Administrative Code.
These amendments will enable the Department to establish the day of the month
that depositary monthly reports are due. The amendments eliminate references
to "stamps" which will not be sold beginning in the 1999 license year. The
amendments also provide a loss value of $25 for blank generic license forms
which have no fixed value.
Any interested person may make written suggestions or comments on the proposed
amendments on or before October 29, 1998. Such written materials should be
directedto the License Bureau, Department of Natural Resources,Wallace State
Office Building, Des Moines, Iowa 50319-0034; fax (515)281-8894. Persons who
wish to convey their views orally should contact the License Bureau at
(515)281-8688 or at the License Bureau offices on the fourth floor of the
Wallace State Office Building.
There will be a public hearing on October 29, 1998, at 8:30 a.m. in the Fifth
Floor East Conference Room of the Wallace State Office Building at which time
persons may present their views either orally or in writing. At the hearing,
persons will be asked to give their names and addresses for the record and to
confine their remarks to the subject of the amendments.
Any persons who intend to attend a public hearing and have special requirements
such as hearing or mobility impairments should contact the Department of
Natural Resources and advise of specific needs.
These amendments are intended to implement Iowa Code sections 483A.10 through
483A.15.
The following amendments are proposed.
ITEM 1. Amend subrule 15.2(1) as follows:
15.2(1) Depositary designation. The director may designate a retail
business establishment, an office of a government entity, or a nonprofit
corporation as a depositary for the sale of hunting and fishing licenses
and stamps in accordance with the provisions of this rule.
ITEM 2. Amend subrule 15.2(3), paragraph "a," as follows:
a. Condition of security. A surety bond shall generally provide that the
applicant render a true account of, and turn over all moneys, license blanks,
stamps, and duplicates when requested to do so by the director
or an authorized representative, and to comply with all applicable provisions
of the application, the Iowa Administrative Code, and the Iowa Code.
ITEM 3. Amend subrule 15.2(4) as follows:
15.2(4) Approval of application and security. The director will
approve the application upon the receipt of a satisfactory bond, a collateral
assignment of deposit, or a letter of credit and a determination that the
credit references are satisfactory. However, the director reserves the right
not to approve any application received from a party whose depositary agreement
has previously been terminated by the department for cause. Upon approval by
the director, the agency will provide the depositary with license blanks,
stamps, reporting forms, and instructions.
ITEM 4. Amend subrule 15.2(5), paragraphs "a," "b" and
"c," as follows:
a. Monthly reports. The monthly license sale report A full
and complete monthly sales report, including duplicate copies of the
licenses sold and a check or other monetary instrument in the amount due shall
be remitted to the department by the fifth of the following
month on a prescheduled due date of the following month. A
depositary which does not provide the monthly report to the department
by the fifteenth of the following month within 10 days
after the due date shall be considered seriously delinquent. However, if
the office or business is operated on a seasonal basis, a monthly report is not
required for any month that the office or business is not open to the
public.
b. Annual report. The annual report for all sales for the calendar year and
including the return of all unused license blanks and stamps
shall be remitted to the department by January 31 of each year. An annual
report shall also be submitted at the time a depositary is terminated for any
reason during the calendar year. This report must be received within 15 days
after the director receives the notice of termination. A depositary will be
considered seriously delinquent if the annual report is not received by
February 15.
c. Accountability. The depositary shall be fully accountable to the state for
all proceeds collected from the sale of licenses and stamps.
This accountability shall not be diminished by reason of bankruptcy, fire loss,
theft loss, or other similar reason.
ITEM 5. Amend subrule 15.2(5), paragraph "e," as follows:
e. Termination of depositary. A depositary may terminate the agreement at any
time by notifying the director by certified mail, return receipt requested.
The termination shall be effective 30 days after the receipt of the notice by
the director, and after the depositary has fully accounted for all moneys and
unused license blanks and stamps. The director may terminate
the depositary agreement and require an immediate and full accounting of all
moneys and unused license blanks and stamps under any of the
following circumstances:
(1) The occurrence of a third serious delinquency during any consecutive
six-month period.
(2) Not making an insufficient funds check good within 10 days after proper
notice by the director.
(3) Failure to correct a serious delinquency within 15 calendar days.
(4) Knowingly placing a date, other than the correct date, on any license.
(5) Knowingly selling a resident license or stamp to a
nonresident, or selling a senior citizen or disabled license to a person not
qualified for such license.
(6) Charging more than the statutory writing fee.
(7) Refusal to sell a license or stamp to any individual by
reason of race, creed, nationality, or religion.
(8) Expiration, of bond coverage or cancellation of
bond, coverage by the surety certificate of deposit,
or letter of credit.
(9) A depositary fails to make a full and complete monthly sales report and
monthly remittance.
(10) A depositary, or employee of a depositary, knowingly makes a false entry
on any license being sold, or knowingly issues any license to a person to whom
issuance of that license is improper.
ITEM 6. Amend subrule 15.3(4) by adding the following new
unnumbered paragraph at the end thereof:
The value assigned to a lost or destroyed blank license form shall be $25.
This amount will be paid by the depositary to the department, except as relief
from such payment is provided according to subrules 15.3(1) to 15.3(3).
ARC 8394A
NATURAL RESOURCE COMMISSION[571]
Notice of Intended Action
Twenty-five interested persons, a governmental subdivision, an agency or
association of 25 or more persons may demand an oral presentation hereon as
provided in Iowa Code section 17A.4(1)"b."
Notice is also given
to the public that the Administrative Rules Review Committee may, on its own
motion or on written request by any individual or group, review this proposed
action under section 17A.8(6) at a regular or special meeting where the public
or interested persons may be heard.
Pursuant to the authority of Iowa Code subsection 455A.5(6), the Natural
Resource Commission hereby gives Notice of Intended Action to amend Chapter 45,
"Boat Motor Regulations," Iowa Administrative Code.
This amendment would establish the allowance for unrestricted horsepower for
boats operated at a no-wake speed on Avenue of the Saints Lake in Bremer
County. This is a 31-acre lake created during the recent construction of State
Highway 218.
Any interested person may make written suggestions or comments on the proposed
amendment on or before October 27, 1998. Such written materials should be
directed to the Law Enforcement Bureau, Department of Natural Resources,
Wallace State Office Building, Des Moines, Iowa 50319-0034; fax (515)281-6794.
Persons who wish to convey their views orally should contact the Law
Enforcement Bureau at (515)281-4515 or at the enforcement offices on the fourth
floor of the Wallace State Office Building.
There will be a public hearing on October 27, 1998, at10 a.m. in the Fourth
Floor West Conference Room of the Wallace State Office Building at which time
persons may present their views either orally or in writing. At the hearing,
persons will be asked to give their names and addresses for the record, and to
confine their remarks to the subject of the amendment.
This amendment is intended to implement Iowa Code section 462A.31.
The following amendment is proposed.
Amend subrule 45.4(2) by inserting the following new
exception in alphabetical order:
Avenue of the Saints Lake, Bremer County--unrestricted horsepower at a no-wake
speed.
ARC 8395A
NATURAL RESOURCE COMMISSION[571]
Notice of Intended Action
Twenty-five interested persons, a governmental subdivision, an agency or
association of 25 or more persons may demand an oral presentation hereon as
provided in Iowa Code section 17A.4(1)"b."
Notice is also given
to the public that the Administrative Rules Review Committee may, on its own
motion or on written request by any individual or group, review this proposed
action under section 17A.8(6) at a regular or special meeting where the public
or interested persons may be heard.
Pursuant to the authority of Iowa Code section 455A.5, the Natural Resource
Commission hereby gives Notice of Intended Action to amend Chapter 98, "Wild
Turkey Spring Hunting," Iowa Administrative Code.
This chapter gives the regulations for hunting wild turkeys, including season
dates, bag limits, method of take, license quotas and application procedures.
These amendments increase the number of archery-only licenses that may be
issued to one person and increase application fees.
Any interested person may make written suggestions or comments on the proposed
amendments on or before October 28, 1998. Such written materials should be
directed to the Wildlife Bureau Chief, Department of Natural Resources, Wallace
State Office Building, Des Moines, Iowa 50319-0034; fax (515)281-6794. Persons
who wish to convey their views orally should contact the Wildlife Bureau at
(515)281-6156 or at the Wildlife Bureau offices on the fourth floor of the
Wallace State Office Building.
Also, there will be a public hearing on October 28, 1998, at 10 a.m. in the
Fourth Floor Conference Room of the Wallace State Office Building at which time
persons may present their views either orally or in writing. At the hearing,
persons will be asked to give their names and addresses for the record and to
confine their remarks to the subject of the amendments.
These amendments are intended to implement Iowa Code sections 481A.38, 481A.39,
481A.48 and 483A.7.
The following amendments are proposed.
ITEM 1. Amend subrule 98.1(1), paragraph "b," as follows:
b. Archery-only licenses will be valid statewide and shall be valid during the
entire period open for spring turkey hunting. No person may apply for or
obtain more than two archery-only licenses per year. Persons purchasing
one or two archery-only license licenses shall
be ineligible to purchase any other spring wild turkey hunting license.
ITEM 2. Amend rule 571--98.3(481A), introductory paragraph, as follows:
571--98.3(481A) Application procedure. All applications for spring
wild turkey hunting licenses must be made on forms provided by the department
of natural resources and returned to the office in Des Moines, Iowa, with a
remittance of $22 $22.50 per license. Only one
individual may apply on a single application form.
ITEM 3. Amend subrule 98.3(1), paragraph "a," as follows:
a. Combination shotgun-or-archery licenses. Applications for combination
shotgun-or-archery licenses will be received and accepted from the second
Monday in January through the first Friday in February or if the application
bears a valid and legible U.S. Postal Service postmark applied during the same
period. Incomplete or improperly completed applications, applications not
meeting the above conditions, or applications received after the application
period shall not be considered valid. Applications that are complete except
for a zone designation shall be assigned to Zone 4. A person may submit up to
two applications during the application period, provided that at least one
application is for hunting period four in Zone 4 and that $22
$22.50 is submitted with each application. If applications have been
received in excess of the license quota for any hunting zone or period, a
drawing shall be conducted to determine which applicants shall receive
licenses. If the quota for any hunting zone or period has not been filled,
licenses shall be issued in the order in which applications are received
beginning the second Monday in March and shall continue for five consecutive
days or until the quota has been met, whichever first occurs.
Persons who have not previously applied for a license or were unsuccessful in
the first drawing may apply for one or two licenses in any of the hunting
periods for which licenses are still available. Persons who have already
received one combination shotgun-or-archery license may apply for one
additional license for any of the hunting periods in which licenses are still
available.
ITEM 4. Amend rule 571--98.14(483A) as follows:
571--98.14(483A) Application procedure. All applications for
nonresident spring wild turkey hunting licenses must be made on forms provided
by the department of natural resources and returned to the Department of
Natural Resources, Wallace State Office Building, Des Moines, Iowa
50319-0034.
Applications for any of the three spring wild turkey hunting periods shall be
received and accepted from the second Monday in January through the last Friday
in January. If applications are received in excess of the license quota for
any hunting zone or period, a drawing shall be conducted to determine which
applicants shall receive licenses. If licenses are still available for any
hunting zone or period, licenses will be issued as applications are received
until quotas are filled or the second Friday in March, whichever occurs first.
Party applications with no more than four individuals will be accepted. No
person shall submit more than one application. Incomplete or improperly
completed applications, applications not meeting the above conditions, or
applications received prior to or after the application period shall not be
considered valid applications. The nonresident license fee shall be
$55 $75.50.
ARC 8389A
RACING AND GAMING COMMISSION[491]
Notice of Intended Action
Twenty-five interested persons, a governmental subdivision, an agency or
association of 25 or more persons may demand an oral presentation hereon as
provided in Iowa Code section 17A.4(1)"b."
Notice is also given
to the public that the Administrative Rules Review Committee may, on its own
motion or on written request by any individual or group, review this proposed
action under section 17A.8(6) at a regular or special meeting where the public
or interested persons may be heard.
Pursuant to the authority of Iowa Code sections 99D.7 and 99F.4, the Iowa
Racing and Gaming Commission hereby gives Notice of Intended Action to amend
Chapter 4, "Practice and Procedure Before the Racing and Gaming Commission,"
and Chapter 10, "Thoroughbred Racing," Iowa Administrative Code.
Items 1 and 2 distinguish between the Board hearings and Commission and
administrative law judge hearings.
Item 3 more clearly defines who is eligible to claim a horse.
Item 4 more clearly defines the eligibility price of a claimed horse.
Any person may make written suggestions or comments on the proposed amendments
on or before October 27, 1998. Written material should be directed to the
Racing and Gaming Commission, 717 E. Court, Suite B, Des Moines, Iowa 50309.
Persons who wish to convey their views orally should contact the Commission
office at (515)281-7352.
Also, there will be a public hearing on October 27, 1998, at 9 a.m. in the
office of the Racing and Gaming Commission, 717 E. Court, Suite B, Des Moines,
Iowa. Persons may present their views at the public hearing either orally or
in writing.
These amendments are intended to implement Iowa Code chapters 99D and 99F.
The following amendments are proposed.
ITEM 1. Amend rule 491--4.24(99D,99F) as follows:
491--4.24(99D,99F) Presentation of evidence and testimony. In any
hearing before the commission or administrative law judge, each party
shall have the right to present evidence and testimony of witnesses and to
cross-examine any witness who testified on behalf of an adverse party. A
person whose testimony has been submitted in written form, if available, shall
also be subject to cross-examination by an adverse party. Opportunity shall be
afforded each party for redirect examination and recross-examination and to
present evidence and testimony as rebuttal to evidence presented by another
party, except that unduly repetitious evidence shall be excluded.
ITEM 2. Amend rule 491--4.25(99D,99F) as follows:
491--4.25(99D,99F) Offer of proof. An offer of proof, before the
commission or administrative law judge, may be made through the witness or
by statement of counsel. The party objecting may cross-examine the witness
without waiving any objection.
ITEM 3. Rescind subrule 10.5(17), paragraph "a," sub-paragraph
(1), numbered paragraphs "1" and "2," and insert in lieu
thereof the following new numbered paragraphs:
1. Is a licensed owner at the meeting who either has foal paper(s) registered
with the racing secretary's office or has started a horse at the meeting; or
2. Is a licensed authorized agent, authorized to claim for an owner eligible to
claim; or
3. Has a valid open claim certificate. The following may request an open claim
certificate from the commission:
* Any person not licensed as an owner, or a licensed authorized agent for
the account of same; or
* A licensed owner not having foal paper(s) registered with the racing
secretary's office or who has not started a horse at the meeting.
ITEM 4. Rescind subrule 10.5(17), paragraph "g," sub-paragraph
(2), and insert in lieu thereof the following new
subparagraph:
(2) Eligibility price. A claimed horse, declared the official winner of the
race from which it was claimed, shall not make its first start back within 30
days in a claiming race (starter allowances and starter handicaps are not
considered claiming races) for a claiming price less than that for which it was
claimed. After the first start back or 30 days, whichever occurs first, the
claimed horse may start in any race for which it is eligible. A horse that is
not the official winner in the race in which it is claimed may start in any
race. No right, title or interest for any claimed horse can be sold or
transferred except in a claiming race for a period of 30 days following the
date of claiming. The day claimed does not count, but the following calendar
day shall be the first day. The horse shall be required to continue to race at
the track where claimed for the balance of the current race meeting.
ARC 8384A
REVENUE AND FINANCE DEPARTMENT[701]
Notice of Intended Action
Twenty-five interested persons, a governmental subdivision, an agency or
association of 25 or more persons may demand an oral presentation hereon as
provided in Iowa Code section 17A.4(1)"b."
Notice is also given
to the public that the Administrative Rules Review Committee may, on its own
motion or on written request by any individual or group, review this proposed
action under section 17A.8(6) at a regular or special meeting where the public
or interested persons may be heard.
Pursuant to the authority of Iowa Code sections 421.17(19) and 422.68, the Iowa
Department of Revenue and Finance hereby gives Notice of Intended Action to
amend Chapter 42, "Adjustments to Computed Tax," and Chapter 52, "Filing
Returns, Payment of Tax and Penalty and Interest," Iowa Administrative Code.
Item 1 amends Chapter 42 by adding new rule 42.13(15E) to implement 1998 Iowa
Acts, House File 2538, which creates eligible housing business incentives
which, for individual income tax purposes, is a tax credit for new investment
directly related to the building or rehabilitating of housing in a designated
enterprise zone.
Item 2 amends Chapter 52 by adding new rule 52.15(15E) to implement 1998 Iowa
Acts, House File 2538, which creates eligible housing business incentives
which, for corporate income tax purposes, is a tax credit for new investment
directly related to the building or rehabilitating of housing in a designated
enterprise zone.
The proposed amendments will not necessitate additional expenditures by
political subdivisions or agencies and entities which contract with political
subdivisions.
The Department has determined that these proposed amendments may have an impact
on small business. The Department has considered the factors listed in Iowa
Code section 17A.31(4). The Department will issue a regulatory flexibility
analysis as provided in Iowa Code sections 17A.31 to 17A.33 if a written
request is filed by delivery or by mailing postmarked no later than October 27,
1998, to the Policy Section, Compliance Division, Iowa Department of Revenue
and Finance, Hoover State Office Building, P.O. Box 10457, Des Moines, Iowa
50306. The request may be made by the Administrative Rules Review Committee,
the Governor, a political subdivision, at least 25 persons who qualify as a
small business under Iowa Code sections 17A.31 to 17A.33, or an organization of
small businesses representing at least 25 persons which is registered with this
agency under Iowa Code sections 17A.31 to 17A.33.
Any interested person may make written suggestions or comments on these
proposed amendments on or before November 6, 1998. Such written comments
should be directed to the Policy Section, Compliance Division, Iowa Department
of Revenue and Finance, Hoover State Office Building, P.O. Box 10457, Des
Moines, Iowa 50306.
Persons who want to orally convey their views should contact the Policy
Section, Compliance Division, Iowa Department of Revenue and Finance, at
(515)281-4250 or at the Department of Revenue and Finance offices on the fourth
floor of the Hoover State Office Building.
Requests for a public hearing must be received by October 30, 1998.
These amendments are intended to implement 1998 Iowa Acts, House File 2538.
The following amendments are proposed.
ITEM 1. Amend 701--Chapter 42 by adding the following new
rule:
701--42.13(15E) Eligible housing business tax credit. An individual
who qualifies as an eligible housing business may receive a tax credit of up to
10 percent of the new investment which is directly related to the building or
rehabilitating of homes in an enterprise zone. The tax credit may be taken on
the tax return for the tax year in which the home is ready for occupancy.
An eligible housing business is one which meets the criteria in 1998 Iowa Acts,
House File 2538.
New investment which is directly related to the building or rehabilitating of
homes includes but is not limited to the following costs: land, surveying,
architectural services, building permits, inspections, interest on a
construction loan, building materials, roofing, plumbing materials, electrical
materials, amounts paid to subcontractors for labor and materials provided,
concrete, labor, landscaping, appliances normally provided with a new home,
heating and cooling equipment, millwork, drywall and drywall materials, nails,
bolts, screws, and floor coverings.
New investment does not include the machinery, equipment, hand or power tools
necessary to build or rehabilitate homes.
A taxpayer may claim on the taxpayer's individual income tax return the
pro-rata share of the Iowa eligible housing business tax credit from a
partnership, S corporation, limited liability company, estate, or trust. The
portion of the credit claimed by the individual shall be in the same ratio as
the individual's pro-rata share of the earnings of the partnership, S
corporation, limited liability company, or estate or trust.
Any Iowa eligible housing business tax credit in excess of the individual's tax
liability, less the credits authorized in Iowa Code sections 422.12 and
422.12B, may be carried forward for seven years or until it is used, whichever
is the earlier.
If the eligible housing business fails to maintain the requirements of 1998
Iowa Acts, House File 2538, to be an eligible housing business, the taxpayer
may be required to repay all or a part of the tax incentives the taxpayer
received. Irrespective of the fact that the statute of limitations to
assess the taxpayer for repayment of the income tax credit may have expired,
the department may proceed to collect the tax incentives forfeited by failure
to maintain the requirements of 1998 Iowa Acts, House File 2538. This is
because it is a recovery of an incentive, rather than an adjustment to the
taxpayer's tax liability.
This rule is intended to implement 1998 Iowa Acts, House File 2538.
ITEM 2. Amend 701--Chapter 52 by adding the following new
rule:
701--52.15(15E) Eligible housing business tax credit. A corporation
which qualifies as an eligible housing business may receive a tax credit of up
to 10 percent of the new investment which is directly related to the building
or rehabilitating of homes in an enterprise zone. The tax credit may be taken
on the tax return for the tax year in which the home is ready for occupancy.
An eligible housing business is one which meets the criteria in 1998 Iowa Acts,
House File 2538.
New investment which is directly related to the building or rehabilitating of
homes includes but is not limited to the following costs: land, surveying,
architectural services, building permits, inspections, interest on a
construction loan, building materials, roofing, plumbing materials, electrical
materials, amounts paid to subcontractors for labor and materials provided,
concrete, labor, landscaping, appliances normally provided with a new home,
heating and cooling equipment, millwork, drywall and drywall materials, nails,
bolts, screws, and floor coverings.
New investment does not include the machinery, equipment, hand or power tools
necessary to build or rehabilitate homes.
A taxpayer may claim on the taxpayer's corporation income tax return the
pro-rata share of the Iowa eligible housing business tax credit from a
partnership, limited liability company, estate, or trust. The portion of the
credit claimed by the taxpayer shall be in the same ratio as the taxpayer's
pro-rata share of the earnings of the partnership, limited liability company,
or estate or trust.
Any Iowa eligible housing business tax credit in excess of the corporation's
tax liability may be carried forward for seven years or until it is used,
whichever is the earlier.
If the eligible housing business fails to maintain the requirements of 1998
Iowa Acts, House File 2538, to be an eligible housing business, the taxpayer
may be required to repay all or a part of the tax incentives the business
received. Irrespective of the fact that the statute of limitations to
assess the taxpayer for repayment of the income tax credit may have expired,
the department may proceed to collect the tax incentives forfeited by failure
to maintain the requirements of 1998 Iowa Acts, House File 2538. This is
because it is a recovery of an incentive, rather than an adjustment to the
taxpayer's tax liability.
This rule is intended to implement 1998 Iowa Acts, House File 2538.
ARC 8361A
TRANSPORTATION DEPARTMENT[761]
Notice of Intended Action
Notice is also given to the public that the Administrative Rules Review
Committee may, on its own motion or on written request by any individual or
group, review this proposed action under section 17A.8(6) at a regular or
special meeting where the public or interested persons may be heard.
Pursuant to the authority of Iowa Code sections 307.10 and 307.12, the
Department of Transportation hereby gives Notice of Intended Action to rescind
Chapter 100, "Functional Classification of Highways," Iowa Administrative
Code.
1998 Iowa Acts, Senate File 2257, sections 1 to 17, eliminated state functional
classification. Chapter 100, which implemented state functional
classification, is therefore being rescinded.
While state functional classification has been eliminated, a federal functional
classification system remains. The Act also creates a Farm-to-Market Review
Board composed of members appointed by the Iowa County Engineers association.
This board will make final administrative determinations regarding
farm-to-market road system modifications.
Any person or agency may submit written comments concerning this rescission or
may submit a written request to make an oral presentation. The comments or
request shall:
1. Include the name, address, and telephone number of the person or agency
authoring the comments or request.
2. Reference the number and title of this rule.
3. Indicate the general content of a requested oral presentation.
4. Be addressed to the Department of Transportation, Director's Staff Division,
800 Lincoln Way, Ames, Iowa 50010; fax (515)239-1639; Internet E-mail address:
rules@iadot.e-mail.com.
5. Be received by the Director's Staff Division no later than October 27,
1998.
A meeting to hear requested oral presentations is scheduled for Thursday,
October 29, 1998, at 10 a.m. in the Commission Conference Room of the Iowa
Department of Transportation, 800 Lincoln Way, Ames.
The meeting will be canceled without further notice if no oral presentation is
requested.
This rescission is intended to implement 1998 Iowa Acts, Senate File 2257,
sections 1 to 17.
Proposed rule-making action:
Rescind and reserve 761--Chapter 100, "Functional Classification of
Highways," Iowa Administrative Code.
ARC 8391A
TREASURER OF STATE[781]
Notice of Intended Action
Twenty-five interested persons, a governmental subdivision, an agency or
association of 25 or more persons may demand an oral presentation hereon as
provided in Iowa Code section 17A.4(1)"b."
Notice is also given
to the public that the Administrative Rules Review Committee may, on its own
motion or on written request by any individual or group, review this proposed
action under section 17A.8(6) at a regular or special meeting where the public
or interested persons may be heard.
Pursuant to the authority of 1998 Iowa Acts, House File 2119, section 2, the
Treasurer of State hereby gives Notice of Intended Action to adopt Chapter 16,
"Iowa Educational Savings Plan Trust," Iowa Administrative Code.
This new chapter establishes guidelines regarding eligibility and procedures
for participants and beneficiaries in the new program to be known as "College
Savings Iowa."
Consideration will be given to all written suggestions or comments on the
proposed chapter on or before October 30, 1998. Such written comments should
be directed to Bret L. Mills, Deputy Treasurer, Room 114, State Capitol
Building, Des Moines, Iowa 50319; fax (515)281-7562. Persons who wish to
convey their views by telephone should also contact Bret L. Mills, Deputy
Treasurer, at (515)281-8261.
A public hearing will be held on Friday, October 30, 1998, at 9 a.m. in Room 19
located on the basement floor of the State Capitol Building, Des Moines, Iowa,
at which time comments may be submitted either orally or in writing. At the
hearing, persons will be asked to give their names and addresses for the record
and to confine their remarks to the subject of the rules.
Any persons who plan to attend the public hearing and have special requirements
such as hearing or mobility impairments should contact the Office of Treasurer
of State and advise of specific needs.
These rules were also Adopted and Filed Emergency and are published herein as
ARC 8392A. The content of that submission is incorporated by
reference.
These rules are intended to implement 1998 Iowa Acts, House File 2119.
NOTICE--USURY
In accordance with the provisions of Iowa Code section 535.2, subsection 3,
paragraph "a," the Superintendent of Banking has determined that the maximum
lawful rate of interest shall be:
September 1, 1997 -- September 30, 1997 8.25%
October 1, 1997 -- October 31, 1997 8.25%
November 1, 1997 -- November 30, 1997 8.25%
December 1, 1997 -- December 31, 1997 8.00%
January 1, 1998 -- January 31, 1998 8.00%
February 1, 1998 -- February 28, 1998 7.75%
March 1, 1998 -- March 31, 1998 7.50%
April 1, 1998 -- April 30, 1998 7.50%
May 1, 1998 -- May 31, 1998 7.75%
June 1, 1998 -- June 30, 1998 7.75%
July 1, 1998 -- July 31, 1998 7.75%
August 1, 1998 -- August 31, 1998 7.50%
September 1, 1998 -- September 30, 1998 7.50%
October 1, 1998 -- October 31, 1998 7.25%
FILED EMERGENCY
ARC 8360A
AGRICULTURE AND LAND STEWARDSHIP DEPARTMENT[21]
Adopted and Filed Emergency
Pursuant to the authority of Iowa Code sections 159.5(11) and 203C.5, the
Department of Agriculture and Land Stewardship hereby amends Chapter 90, "State
Licensed Warehouses and Warehouse Operators," Iowa Administrative Code.
The amendment allows warehouse operators to store corn in a ground pile to
accommodate the 1998 corn harvest.
Current storage facilities are inadequate; therefore, emergency storage space
will be required. This rule will allow the Department to approve and license
emergency storage space under certain conditions.
The Department of Agriculture and Land Stewardship finds that notice and public
participation are impracticable because the 1998 harvest is imminent, and there
is not adequate time to implement the regular rule-making process to
accommodate the record corn and soybean crop harvest. Therefore, this
amendment is filed pursuant to Iowa Code section 17A.4(2).
The Department also finds, pursuant to Iowa Code section 17A.5(2)"b"(2), that
the normal effective date of the amendment, 35 days after publication, should
be waived and the amendment made effective on September 9, 1998, upon filing
with the Administrative Rules Coordinator. This amendment confers a benefit on
the public and the grain industry by providing additional storage space for the
1998 corn harvest. This rule shall terminate on March 1, 1999.
This amendment is intended to implement Iowa Code chapter 203C.
This amendment became effective September 9, 1998.
The following amendment is adopted.
Rescind rule 21--90.31(203C) and adopt the following new rule in
lieu thereof:
21--90.31(203C) Emergency storage space. Emergency storage space
(ground pile) may, in the discretion of the department, be approved and
licensed on the following basis:
90.31(1) Licenses for emergency storage space shall only be effective
for the storage of corn from September 9, 1998, to January 31, 1999.
90.31(2) The warehouse operator shall either purchase the grain stored
in the emergency storage space or remove the corn from the emergency storage
space prior to February 1, 1999. Any corn remaining in such space after this
date will not be included in grain inventory measurements made by the
department, and such corn may not be used to cover storage obligations.
90.31(3) Before any corn can be placed in the emergency storage space,
the department shall receive either an irrevocable letter of credit or a surety
bond in the amount of $2 for each bushel to be placed in emergency storage
space. The irrevocable letter of credit or surety bond will expire on March 1,
1999. The irrevocable letter of credit or surety bond filed with the
department under this subrule shall not be canceled by the issuer on less than
45 days' notice by certified mail to the department and the licensee. When the
department receives notice from an issuer that it has canceled the irrevocable
letter of credit or surety bond, the department shall automatically suspend the
license if a replacement irrevocable letter of credit or surety bond is not
received by the department within 30 days of the issuance of the notice of
cancellation. If a replacement irrevocable letter of credit or surety bond is
not filed within another 10 days following the suspension, the grain dealer
license shall be automatically revoked.
90.31(4) All emergency storage space shall have an asphalt base,
concrete base, or a compacted limestone base which meets the following minimum
specifications.
a. Base shall be of a depth and compaction to permit trucks or other equipment,
used in loading or unloading the pad, to move around over the base without
breaking through or unduly scuffing the surface.
b. Depth of limestone top shall be not less than four inches.
c. The slope from the center of the base shall not be less than one-fourth inch
per linear foot to edge of base.
d. Adequate drainage away from the base shall be provided to prevent any water
from standing or backing up under the grain.
90.31(5) All emergency storage space shall be licensed before any corn
to be stored is placed in it.
90.31(6) Emergency licensed storage space may not exceed 30 percent of
permanent licensed storage capacity.
90.31(7) A separate daily position record shall be maintained on all
corn placed in the emergency licensed storage space.
90.31(8) Corn containing more than 15 percent moisture shall not be
stored in emergency storage space.
90.31(9) Corn which does not grade No. 2 or better using the Official
Grade Standards shall not be stored in emergency storage space.
90.31(10) The bureau chief or examiner shall issue written notice to
the licensed warehouse operator for any emergency storage space which no longer
meets these requirements. Failure of the warehouse operator to place the
emergency storage space in a suitable condition within a reasonable length of
time shall result in the emergency storage space being eliminated from coverage
from the warehouse license.
90.31(11) This rule shall terminate on March 1, 1999.
This rule is intended to implement Iowa Code sections 203C.2, 203C.7, 203C.8,
203C.12, 203C.16, and 203C.18.
[Filed Emergency 9/9/98, effective 9/9/98]
[Published 10/7/98]
EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 10/7/98.
ARC 8372A
EDUCATION DEPARTMENT[281]
Adopted and Filed Emergency
Pursuant to the authority of Iowa Code section 256.7(5), the Iowa State Board
of Education hereby adopts Chapter 84, "Financial Incentives for National Board
Certification," Iowa Administrative Code.
This new chapter creates two financial incentive programs for Iowa teachers
receiving National Board Certification (NBC) and provides guidelines to
administer both programs.
In compliance with Iowa Code section 17A.4(2), the Department of Education
finds that notice and public participation are impracticable because of the
immediate need for rule change to implement provisions of the law.
The Department also finds, pursuant to Iowa Code section 17A.5(2)"b"(1), that
the normal effective date of this chapter should be waived and this chapter
should be made effective upon filing with the Administrative Rules Coordinator
on September 16, 1998, as it permits the Department to immediately implement
the provisions of the law.
These rules are also published herein under Notice of Intended Action as ARC
8371A to allow for public comment.
These rules are intended to implement 1998 Iowa Acts, Senate File 2366, section
5.
These rules became effective on September 16, 1998.
The following new chapter is adopted.
CHAPTER 84
FINANCIAL INCENTIVES FOR
NATIONAL BOARD CERTIFICATION
281--84.1(77GA,SF2366) Purpose. National Board Certification (NBC) is
available to teachers nationwide and requires candidates to demonstrate their
teaching practice as measured against high and rigorous standards. NBC
teachers enhance the educational experience of their students and motivate
fellow teachers toward excellence in classroom teaching. These rules implement
the two financial incentive programs enacted by the 1998 Iowa legislature to
increase the number of NBC teachers in Iowa.
281--84.2(77GA,SF2366) Definitions. For the purpose of these rules,
the following definitions shall apply:
"Department" means the Iowa department of education.
"Director" means the director of the Iowa department of education.
"Employed by a school district in Iowa" means a teacher
employed in a nonadministrative position in an Iowa school district pursuant to
a contract issued by a board of directors of a school district under Iowa Code
section 279.13 and any full-time permanent substitute teacher employed under
individual contracts not included under Iowa Code section 279.13 but who is
receiving retirement and health benefits as part of the substitute teacher's
contract.
"National Board Certification (NBC)" is a nationwide certification program
administered by the National Board for Professional Teaching Standards. The
certification program requires candidates to participate in a rigorous two-part
assessment consisting of portfolio entries and assessment center exercises.
"National Board for Professional Teaching Standards (NBPTS)" is a private
nonprofit organization whose goal is to develop professional standards for
early childhood, elementary and secondary school teaching. NBPTS administers
the NBC program.
"School district" means a public school district.
"Teacher" means an Iowa-licensed teacher as defined in Iowa Code section
272.1.
281--84.3(77GA,SF2366) Registration fee reimbursement program. If
sufficient funds are appropriated by the Iowa legislature, the department shall
administer a registration fee reimbursement program.
84.3(1) Eligibility. Teachers seeking reimbursement shall apply to the
department within one year of registration with NBPTS. Teachers eligible for
the registration fee reimbursement program shall meet all of the following
qualifications:
a. The individual has all qualifications required by NBPTS for application for
certification.
b. The individual is a teacher.
c. The individual is employed by a school district in Iowa.
d. The individual completes the department's application process, which
includes submitting verification of NBC registration.
e. The individual has not received reimbursement from this program at any
previous time.
84.3(2) Selection of teachers for registration fee reimbursement. If
funds are available, all teachers who apply to the department shall receive
registration fee reimbursement. If, however, in any fiscal year the number of
eligible teachers that apply for the reimbursement exceeds the funds available,
the department shall conduct a lottery selection process in proportion to the
number of teachers in each area education agency.
84.3(3) Reimbursement. Teachers determined eligible shall receive
reimbursement in the following manner:
a. Initial registration fee reimbursement. Each eligible teacher shall receive
an initial reimbursement of one-half of the reimbursement fee charged by NBPTS
upon submission to the department of the NBC registration confirmation form
provided to each teacher by NBPTS.
b. Final registration fee reimbursement. The final registration fee
reimbursement shall be awarded when the eligible teacher notifies the
department of the teacher's certification achievement and submits verification
of certification. If an eligible teacher fails to receive certification, the
teacher can receive the remaining reimbursement if the teacher achieves
certification within three years of the initial NBC score notification.
84.3(4) Withdrawal from NBC process. A teacher who has received the
initial registration fee reimbursement form from the department and withdraws
from the NBC process shall reimburse the department the amount received from
the department within 30 days of receiving any fee reimbursement form from
NBPTS if the reimbursement from NBPTS is equal to or greater than the amount
received from the department. If the reimbursement amount from NBPTS is less
than the amount the teacher received from the department, the teacher shall
reimburse the department any amount received from NBPTS.
281--84.4(77GA,SF2366) NBC annual award. If sufficient funds are
appropriated by the legislature, each eligible NBC teacher can qualify for an
NBC annual award consisting of a $10,000 award per year for a maximum,
nonrenewable period of five years of certification.
84.4(1) Eligibility. Individuals eligible for the NBC annual award
shall meet all of the following qualifications:
a. The individual is an NBC teacher.
b. The individual is a teacher.
c. The individual is employed by a school district in Iowa.
d. The individual completes the department's application process, which
includes submitting verification of certification.
e. The individual has not received an NBC award for more than five years.
f. The individual is applying for the award within one year of being eligible
for the award.
84.4(2) Application. An NBC teacher shall submit an application
verifying eligibility for an NBC award to the department by January 1 of each
fiscal year the NBC teacher is eligible for the award. NBC awards shall be
issued to eligible NBC teachers on or about January 15 of each fiscal year.
84.4(3) Taxes. The NBC award is not considered salary for purposes of
Iowa Code chapter 97B. The eligible NBC teacher will be responsible to pay the
appropriate state and federal taxes. The department will notify state and
federal taxing authorities of the award and the NBC teacher will be issued an
IRS Form 1099.
281--84.5(77GA,SF2366) Appeal of denial of a registration fee reimbursement
award or an NBC annual award. Any applicant may appeal the denial of a
registration fee reimbursement award or an NBC annual award to the director of
the department. Appeals must be in writing and received within ten working
days of the date of the notice of denial and must be based on a contention that
the process was conducted outside statutory authority or violated state or
federal law, regulation or rule. The hearing and appeal procedures found in
281--Chapter 6 that govern director's decisions shall be applicable to any
appeal of denial.
In the notice of appeal, the applicant shall give a short and plain statement
of the reasons for the appeal.
The director shall issue a decision within a reasonable time, not to exceed 30
days from the date of the hearing.
These rules are intended to implement 1998 Iowa Acts, Senate File 2366, section
5.
[Filed Emergency 9/16/98, effective 9/16/98]
[Published 10/7/98]
EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 10/7/98.
ARC 8370A
EDUCATION DEPARTMENT[281]
Adopted and Filed Emergency
Pursuant to the authority of Iowa Code subsection 256.7(5), the Iowa State
Board of Education hereby adopts a new Chapter 96, "Local Option Sales and
Services Tax for School Infrastructure," Iowa Administrative Code.
This new chapter defines the enrollment count that will be reported by school
districts located in a county that adopts a local sales and services tax for
school infrastructure.
In compliance with Iowa Code section 17A.4(2), the Department finds that notice
and public participation are impracticable and contrary to public interest.
These rules will impact the distribution of local option sales and services tax
revenues. Notice of Intended Action was published, however, on September 9,
1998, as ARC 8284A to solicit public comment on these rules.
The Department finds, pursuant to Iowa Code section 17A.5(2)"b"(2), that the
normal effective date of the rules should be waived and the rules made
effective upon filing with the Administrative Rules Coordinator on September
16, 1998, because the rules confer a benefit on the public.
This chapter became effective September 16, 1998.
This chapter is intended to implement 1998 Iowa Acts, House File 2282.
The following chapter is adopted.
Adopt the following new chapter:
CHAPTER 96
LOCAL OPTION SALES AND SERVICES TAX
FOR SCHOOL
INFRASTRUCTURE
281--96.1(77GA,HF2282) Definitions. For purposes of these rules, the
following definitions shall apply:
"Actual enrollment" means the number of students each school district certifies
to the department by October 1 of each year in accordance with Iowa Code
section 257.6, subsection 1.
"Base year" means the school year ending during the calendar year in which the
budget is certified.
"Combined actual enrollment" means the sum of the students in each school
district located in whole or in part in a county imposing a sales tax who are
residents of that county as determined by rule 96.2(77GA,HF2282).
"Department" means the state department of education.
"Nonresident student" means a student enrolled in a school district who does
not meet the requirements of a resident as defined in Iowa Code section
282.1.
"Resident student" means a student enrolled in a school district who meets the
requirements of a resident as defined in Iowa Code section 282.1.
"Sales tax" means a local option sales and services tax for school
infrastructure imposed in accordance with 1998 Iowa Acts, House File 2282.
"School district" means a public school district in Iowa accredited by the
state department of education.
281--96.2(77GA,HF2282) Reports to the department. Each school
district located in whole or in part in a county where a sales tax has been
imposed shall report the following to the department on forms and in the manner
prescribed by the department.
96.2(1) First year of taxation. Within ten days after an
election in a county where a sales tax has been adopted, each school district
within the county shall report to the department the actual enrollment of the
school district in the year prior to the base year. The department shall
forward the actual enrollment to the department of management within 15 days of
receipt.
96.2(2) Second and subsequent years of taxation. In the second
and subsequent years of taxation, each school district shall, by October 1,
annually report the school district's actual enrollment by the student's county
of residency according to the following:
a. County of residency. The county of residency for each of the following
students shall be the county of residency of the student's parent or
guardian:
(1) Resident students who were enrolled in the school district in grades
kindergarten through 12 and including prekindergarten students enrolled in
special education programs;
(2) Full-time equivalent resident students of high school age for whom the
school district pays tuition to attend an Iowa community college;
(3) Shared-time and part-time students of school age enrolled in the school
district;
(4) Eleventh and twelfth grade nonresident students who were residents of the
school district during the preceding school year and are enrolled in the school
district until the students graduate;
(5) Resident students receiving competent private instruction from a licensed
practitioner provided through a public school district pursuant to Iowa Code
chapter 299A; and
(6) Resident students receiving competent private instruction under dual
enrollment pursuant to Iowa Code chapter 299A.
b. Emancipated minor. The county of residency for an emancipated minor
attending the school district shall be the county in which the emancipated
minor is living.
c. County of residency unknown. If a school district cannot determine an
enrolled student's county of residency, the county of residency shall be the
county in which the school district certifies its budget.
281--96.3(77GA,HF2282) Combined actual enrollment. By March 1,
annually, the department shall forward to the department of management the
actual enrollment and the actual enrollment by the student's county of
residency for each school district located in whole or in part in a county
where a sales tax has been imposed and the combined actual enrollment for that
county.
These rules are intended to implement 1998 Iowa Acts, House File 2282.
[Filed Emergency 9/16/98, effective 9/16/98]
[Published 10/7/98]
EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 10/7/98.
ARC 8396A
NATURAL RESOURCE COMMISSION[571]
Adopted and Filed Emergency After Notice
Pursuant to the authority of Iowa Code subsection 455A.5(6), the Natural
Resource Commission hereby amends Chapter 53, "Controlled Hunting Areas," Iowa
Administrative Code.
These rules give the regulations for controlled waterfowl hunting at certain
public wildlife areas.
Notice of Intended Action was published in the July 1, 1998, Iowa
Administrative Bulletin as ARC 8131A. A public hearing was held July
22, 1998. There have been no changes to the Notice of Intended Action.
The Department finds, pursuant to Iowa Code section 17A.5(2)"b"(2), that these
amendments confer a benefit on a segment of the public by becoming effective
immediately and that the usual effective date of these amendments would
unnecessarily restrict the public by delaying the opportunity for hunting
waterfowl on Forney Lake. Therefore, these amendments shall become effective
upon filing with the Administrative Rules Coordinator on September 18, 1998.
These amendments are intended to implement Iowa Code sections 481A.5, 481A.6,
481A.7 and 481A.48.
The following amendments are adopted.
ITEM 1. Amend subrule 53.2(1) by rescinding paragraphs "a" and
"b."
ITEM 2. Amend subrule 53.2(2), paragraph "a," as follows:
a. Blind reservations will be accepted by the department
mail at the Riverton Unit Headquarters, Riverton, Iowa
51650, beginning on the second Monday of September each year.
Reservations must be made for Forney Lake at Department of Natural
Resources, Forney Lake, Thurman, Iowa, and for the Riverton Area at Department
of Natural Resources, Riverton Area, Riverton, Iowa. Reservations
will be issued on a first-come, first-served basis.
ITEM 3. Amend subrule 53.2(4) as follows:
53.2(4) Permits. Daily permits, designating the blind assignment, will
be issued subject to the following: only to bona
fide hunters, except nonhunters may be issued permits by paying the required
fees when extra space is available. Nonhunters accompanying a permit holder
will not be charged the registration fee.
a. All hunters shall exchange their hunting licenses at the reservation
station for a permit. Hunters must return to the reservation station
immediately upon leaving the blind and must present all bagged game for
inspection before leaving the area. Licenses will be returned when hunters
properly check out of the area.
b. Permits will be issued only to bona fide hunters, except nonhunters
may be issued permits by paying the required fees when extra space is
available. Nonhunters accompanying a permit holder will not be charged the
registration fee.
ITEM 4. Amend subrule 53.2(5) as follows:
53.2(5) Ammunition. Nonhunters may not possess shells or firearms on
the areas. Hunters shall use or possess only nontoxic shotshells
with steel shot not larger than size BB.
ITEM 5. Rescind subrule 53.2(6).
[Filed Emergency After Notice 9/18/98, effective 9/18/98]
[Published 10/7/98]
EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 10/7/98.
ARC 8392A
TREASURER OF STATE[781]
Adopted and Filed Emergency
Pursuant to the authority of 1998 Iowa Acts, House File 2119, section 2, the
Treasurer of State hereby adopts Chapter 16, "Iowa Educational Savings Plan
Trust," Iowa Administrative Code.
This new chapter establishes guidelines regarding eligibility and procedures
for participants and beneficiaries in the new program to be known as College
Savings Iowa.
In compliance with Iowa Code section 17A.4(2), the Treasurer of State finds
that notice and public participation are impracticable because of the immediate
need for rules to implement provisions of this law.
The Treasurer also finds, pursuant to Iowa Code section 17A.5(2)"b"(2), that
the normal effective date of the rules should be waived and these rules should
be made effective upon filing with the Administrative Rules Coordinator on
September 18, 1998, as they confer a benefit upon persons seeking to
participate in the program.
The Treasurer of State adopted these rules on September 18, 1998.
These rules are also published herein under Notice of Intended Action as ARC
8391A to allow for public comment. This emergency filing permits the
Treasurer to implement the new provisions of this law.
These rules are intended to implement 1998 Iowa Acts, House File 2119.
These rules became effective September 18, 1998.
The following new chapter is adopted.
CHAPTER 16
IOWA EDUCATIONAL SAVINGS PLAN TRUST
781--16.1(77GA,HF2119) Purpose. The purpose of these rules is to
provide for the administration and operation of the Iowa educational savings
plan trust.
781--16.2(77GA,HF2119) Definitions. In addition to the terms defined
in 1998 Iowa Acts, House File 2119, section 1, the following terms apply to
this chapter:
"Academic period" means one semester or one quarter or such other equivalent
period as may be defined by the qualified institution of higher education.
"Account" means the account in the program fund established and maintained
under the trust for a beneficiary.
"Account balance" means the fair market value of an account as of an accounting
date selected by the program administrator, which shall be not more than 60
days prior to the date on which the event occurs which gives rise to the
determination of account balance.
"College savings Iowa" is the name and logo registered under Iowa law to
represent the Iowa educational savings plan trust. It is synonymous with Iowa
educational savings plan trust.
"Payments" means the money paid by the participant to the trust under the
participation agreement.
"Penalty fee" means the fee charged by the trust on cancellation of a
participation agreement.
"Program administrator" means the treasurer of state.
"Qualified higher education costs" means tuition, fees, and the costs of books,
supplies and equipment required for the enrollment or attendance of the
beneficiary at a qualified institution of higher education. Room and board
shall be treated as qualified higher education costs for a beneficiary, subject
to maximum annual dollar amounts determined by the program administrator, if
they are incurred during an academic period during which the beneficiary is
enrolled or accepted for enrollment in a degree, certificate or other program
that leads to a recognized educational credential (such as a bachelor's degree
or associate's degree) awarded by a qualified institution of higher education.
In addition, the beneficiary must be enrolled at least half time.
"Qualified institution of higher education" means an institution described in
Section 481 of the federal Higher Education Act of 1965, which is eligible to
participate in the United States Department of Education's student aid
programs. State universities in Iowa and other states qualify, as do community
colleges and private accredited four-year and two-year colleges. Some
vocational and technical schools qualify as well.
781--16.3(77GA,HF2119) Forms and materials. The following material
shall be used to administer the Iowa educational savings plan trust.
"College savings Iowa participation agreement" means the form that the
participant submits to the program administrator of the trust to identify the
participant, beneficiary, and other information as may be requested by the
program administrator. It shall be signed and dated by the participant to
verify that the participant agrees to the terms and conditions of the
program.
"Prospectus" means the document provided by the program administrator to
describe the investments selected by the program administrator and to explain
the nature of risk inherent in the investments.
781--16.4(77GA,HF2119) Notices or requests. The following forms shall
be used to administer the Iowa educational savings plan trust.
"Notice to suspend benefits" means the form that a participant submits to the
program administrator to suspend benefits under a participation agreement.
"Notice to terminate agreement" means the form that a participant submits to
the program administrator to terminate a participation agreement.
"Notice to transfer ownership of account" means the form that a participant
submits to the program administrator to transfer ownership rights of a college
savings Iowa account to another person pursuant to 1998 Iowa Acts, House File
2119, section 6, subsection 6.
"Notice to use benefits" means the form which a participant submits to the
program administrator to notify the administrator of the date benefits are to
begin and level of benefits to be paid.
"Request to substitute beneficiary" means the form which a participant submits
to the program administrator of the trust to request the substitution of a
beneficiary.
781--16.5(77GA,HF2119) Participant eligibility. 1998 Iowa Acts, House
File 2119, section 3, provides that the trust may enter into participation
agreements with participants to effectuate the purposes, objectives and
provisions of the trust. This rule establishes the eligibility criteria for a
participant.
16.5(1) A participant must be at least 18 years old and a resident of
the United States.
16.5(2) A participant shall execute a participation agreement with the
program administrator that specifies the terms and conditions under which the
participant shall participate in the trust.
16.5(3) A participant shall, on signing a participation agreement,
provide the program administrator with the participant's social security
number.
781--16.6(77GA,HF2119) Beneficiary eligibility. 1998 Iowa Acts, House
File 2119, section 3, subsection 2, provides that a beneficiary of a
participation agreement may be designated from date of birth up to, but not
including, the beneficiary's seventeenth birthday. This rule establishes the
eligibility criteria for a beneficiary.
16.6(1) A beneficiary may be a resident of any state, who, on the day
the participation agreement is executed, is under 17 years of age.
16.6(2) A participant shall, on signing a participation agreement,
provide the program administrator with proof of the beneficiary's age, in the
form of a birth certificate or such other form as the program administrator may
require.
16.6(3) A participant shall, on signing a participation agreement,
provide the program administrator a valid social security number for the
beneficiary.
781--16.7(77GA,HF2119) Payments and payment schedules. 1998 Iowa Acts,
House File 2119, section 1, states that participation agreements shall require
participants to agree to invest a specific amount of money in the trust for a
specific period of time for the benefit of a specific beneficiary, not to
exceed $2000 per beneficiary per year, adjusted annually to reflect increases
in the consumer price index. This rule provides for implementation of this
provision.
16.7(1) A participant must agree to pay a minimum of $25 per month up
to a maximum of $2000 annually per beneficiary per year. The program
administrator will provide each participant a monthly statement. Participants
are allowed to pay installments monthly or at other intervals during the
calendar year provided that each installment payment is made with the payment
coupon included with the account statement provided to the participant and
further, provided that each installment is at least $25. Installment payments
of less than $25 may be returned to the participant. Payments received from a
person who has not entered into a participation agreement shall be returned or
held until a participation agreement is submitted and approved.
16.7(2) The program administrator shall actuarially determine an
account balance limit applicable to all accounts of beneficiaries with the same
expected year of enrollment. No additional payments may be made on behalf of a
beneficiary if the account balances of all accounts held for the beneficiary
exceed the applicable account balance limit.
16.7(3) Beginning in the fall of 1999 and each fall thereafter, the
program administrator shall determine the maximum amount that a participant may
contribute on behalf of a beneficiary for the succeeding calendar year by
applying the applicable inflation adjustment. The adjusted annual maximum
shall be communicated to participants in college savings Iowa and the public in
any reasonable manner determined by the program administrator.
781--16.8(77GA,HF2119) Substitution or change of beneficiary. 1998
Iowa Acts, House File 2119, section 3, subsection 5, paragraph "a," provides
that beneficiaries may be changed subject to the rules and regulations of the
treasurer of state. This rule establishes the criteria for substituting one
beneficiary for another.
16.8(1) A participant may substitute a beneficiary at any time prior to
the date of the beneficiary's enrollment in an institution of higher education.
At the time of the substitution, the substitute beneficiary must be an eligible
beneficiary pursuant to rule 781--16.6(77GA,HF2119) and be a member of the
family of the beneficiary being substituted as defined in subrule 16.8(3).
16.8(2) In the event a beneficiary admitted to an institution of higher
education decides to permanently discontinue the beneficiary's higher education
and an account balance remains in college savings Iowa, the participant must,
in order to avoid the imposition of the penalty and reporting to tax
authorities, complete a new participation agreement for another eligible
beneficiary who is a member of the prior beneficiary's family and direct that
the account balance of the first beneficiary's account be "rolled over" to the
new beneficiary's account.
16.8(3) For purposes of determining who is a member of the family, a
legally adopted child of an individual shall be treated as the child of such
individual by blood. The terms "brother" and "sister" include a brother or
sister by half blood. "Member of the family" means an individual who is
related to the designated beneficiary described as follows:
a. Son or daughter, or a descendant of either;
b. Stepson or stepdaughter;
c. A brother, sister, stepbrother, or stepsister;
d. The father or mother, or an ancestor of either;
e. A stepfather or stepmother;
f. A son or daughter of a brother or sister;
g. A brother or sister of the father or mother;
h. A son-in-law, daughter-in-law, father-in-law, mother-in-law, brother-in-law,
or sister-in-law; or
i. The spouse of the designated beneficiary or the spouse of any individual
described in paragraphs "a" through "h" of this subrule.
16.8(4) A participant may request that a beneficiary be substituted by
submitting to the program administrator the form entitled Request to Substitute
Beneficiary. The request shall accompany evidence, as specified by the program
administrator, that the proposed substitute beneficiary is a member of the
family of the beneficiary.
781--16.9(77GA,HF2119) Change of participant or account owner. The
participant is the initial owner of the account established under college
savings Iowa and, as such, has the exclusive right to cancel the participation
agreement or change the designated beneficiary.
16.9(1) A participant may transfer the participant's current ownership
rights in an account to another eligible individual or to a minor beneficiary.
To do so, the participant shall file the form entitled Notice to Transfer
Ownership of Account with the program administrator.
16.9(2) A participant may also designate on the participation agreement
a survivor that shall succeed to the ownership of the account in the event of
the death of the participant. A participant may change the designated survivor
by filing a new Notice to Transfer Ownership of Account with the program
administrator.
16.9(3) In the event a participant or other account owner dies and has
not designated a survivor to the account, the following criteria will be
used.
a. The designated beneficiary, if 18 years of age or older at the time of the
participant's death, shall become the owner of the college savings Iowa account
as well as remaining the beneficiary.
b. If the designated beneficiary is under the age of 18, account ownership will
be transferred to the beneficiary's surviving parent or parents or other legal
guardian.
781--16.10(77GA,HF2119) Payment of benefits and qualified
distributions. 1998 Iowa Acts, House File 2119, section 3, subsection 3,
provides that payment of benefits provided under participation agreements must
begin not later than the first full academic quarter or semester at an
institution of higher education following the beneficiary's twenty-second
birthday or high school graduation, whichever is later. This rule establishes
the procedures for the payment of benefits.
16.10(1) The participant must initiate distributions for qualified
costs. The participant must file the form entitled Notice to Use Benefits with
the program administrator. The form is available from the program
administrator and should be filed at least two months before the beneficiary's
first day of class in the institution. The form will allow the participant to
select the maximum to pay each period of enrollment. This amount will be used
until the benefits are exhausted or until otherwise directed by the
participant, whichever occurs first.
16.10(2) Upon submission of the Notice to Use Benefits, the participant
shall specify the level of benefits to be paid. The participant may elect
distribution of an allotment of the account balance, calculated by dividing the
account balance by the number of academic periods in the beneficiary's program
of study, or a higher amount, which shall not exceed the beneficiary's
qualified higher education costs for each academic period. The participant may
adjust the level of benefits paid in any academic period by notifying the
program administrator in writing.
16.10(3) Benefits will be paid in one of two ways once the Notice to
Use Benefits is filed with the program administrator.
a. Benefits will be paid directly to the institution of higher education when
an invoice from the institution is provided to the program administrator.
Benefits will then be paid in accordance with the Notice to Use Benefits filed
by the participant to the extent the amount invoiced by the institution is for
qualified expenses.
b. Upon receipt of complete and legible documentation regarding the purpose,
date, and amount of the payment, the program administrator will reimburse the
participant or beneficiary. Again, the amount of benefits that will be paid
must be in accordance with the Notice to Use Benefits and to the extent the
reimbursement is for qualified expenses. Failure on the part of the
participant or beneficiary to provide documentation requested by the program
administrator to verify the purpose, date, and amount of payment will result in
the denial of the request for reimbursement.
16.10(4) Each distribution of benefits will be comprised partly of
contributions and partly of earnings, based upon the same proportion that
contributions and earnings make up the participant's account.
16.10(5) If, following the submission of a Notice to Use Benefits, the
beneficiary interrupts the beneficiary's attendance at an institution of higher
education, the participant must submit a form entitled Notice to Suspend
Benefits.
a. Participants may suspend the distribution of trust benefits until the
beneficiary's twenty-seventh birthday. If the participant does not
submit a Notice to Use Benefits on or before the beneficiary's twenty-seventh
birthday, the program administrator shall refund money held by the trust
according to program rules.
b. Distribution of benefits shall begin after receipt by the program
administrator of the form entitled Notice to Use Benefits and shall continue
throughout the beneficiary's period of enrollment at an institution of higher
education or until the account balance has been exhausted, whichever occurs
first.
16.10(6) If the beneficiary graduates from an institution of higher
education and a balance remains in the beneficiary's account, the program
administrator shall refund to the participant the balance of the payments and
the earnings from the investments in the program fund remaining in the
account.
The program administrator shall make the payment from the program fund within
60 days from the date of the beneficiary's graduation. The refund shall be
made unless the beneficiary plans to continue at a higher education institution
and the participant submits a completed Notice to Suspend Benefits or Notice to
Use Benefits.
16.10(7) Funds that are refunded to a participant pursuant to this rule
shall be reported to the appropriate taxing authorities for the tax year in
which such refund is made.
16.10(8) An amount equal to the applicable penalty on the distribution
shall be retained by the program administrator in the event the distribution is
used for purposes other than qualified higher educational costs.
16.10(9) For federal income tax purposes, that portion of a qualifying
distribution that constitutes earnings must be included in the beneficiary's
taxable income in the year in which it is distributed.
781--16.11(77GA,HF2119) Nonqualified distributions and penalties. Any
account balance not used for the qualified higher education costs of a
designated beneficiary or eligible substitute beneficiary, and not refunded to
the account owner for reasons related to the death or disability of the
beneficiary, or due to the beneficiary's receiving a scholarship, shall be
refunded to the participant.
The participant shall receive the account balance less a penalty fee equal to
10 percent of the net earnings credited to the account. Also, any
undistributed endowment fund earnings credited or earmarked to the account
revert back to the endowment fund. For federal income tax purposes, that
portion of a nonqualified distribution that constitutes earnings must be
included in the participant's taxable income in the year in which it is
distributed.
A participant may, however, transfer any remaining balance in one account to an
existing or new account for another designated beneficiary by completing a new
participation agreement with the program administrator. If the new beneficiary
is a member of the family of the former beneficiary, no penalty fee will be
imposed.
781--16.12(77GA,HF2119) Earnings in endowment fund. 1998 Iowa Acts,
House File 2119, section 4, subsection 2, provides that each beneficiary for
whom funds are saved under a participation agreement shall receive an interest
in a portion of the investment income of the endowment fund of the trust. This
rule provides for implementation of this provision.
16.12(1) Earnings from the endowment fund that are not transferred to
the administrative fund shall be earmarked for use by the beneficiary of each
participation agreement.
16.12(2) Annually, a pro-rata amount of endowment fund earnings shall
be earmarked to each participant account. The pro-rata amount shall be based
on the average daily balance of the account held on behalf of a beneficiary in
the program fund compared to the average daily balance of the entire program
fund during the year.
16.12(3) The earmarking of the endowment fund earnings for use by a
beneficiary shall not constitute ownership of such interest on the part of any
beneficiary or participant. Upon cancellation of a participation agreement for
any reason, endowment fund earnings earmarked to an account shall revert back
to the endowment fund.
16.12(4) Provided that donations have been made to the endowment fund,
the annual statement provided to each participant shall disclose both the
annual and cumulative amounts of endowment interest that have been earmarked
for use by a beneficiary under a participation agreement.
16.12(5) When payment of benefits for the beneficiary begins under a
participation agreement, earnings from the endowment fund that have been
earmarked for use by the beneficiary shall be made available for higher
education costs under the following procedure.
Endowment fund earnings, if any, shall be paid in the following manner. Once
the Notice to Use Benefits is submitted to the program administrator, the total
amount earmarked for the account, adjusted annually to allow for contributions
when the beneficiary is in attendance, shall be distributed in equal
installments over the remaining estimated number of enrollment periods that are
customarily required by the institution of higher education to graduate in the
beneficiary's course of study.
781--16.13(77GA,HF2119) Cancellation and payment of refunds. 1998 Iowa
Acts, House File 2119, section 5, provides that any participant may cancel a
participation agreement at will. This rule establishes the criteria for
canceling a participation agreement and providing a refund.
16.13(1) A participant may at any time cancel a participation
agreement, without cause, by submitting to the program administrator the form
entitled Notice to Terminate Agreement.
16.13(2) If the participation agreement is canceled, the participant is
entitled to a refund. The refund shall be mailed or otherwise sent to the
participant within 60 days after receipt by the program administrator of the
form entitled Notice to Terminate Agreement. The amount of the refund shall be
determined according to the following criteria.
a. If the participation agreement is in effect for less than two years, the
participant shall receive the lesser of the account balance, or the aggregate
payments made to the account less any distributions made from the account.
Earnings, if any, credited to the account shall be forfeited to the
administrative fund. Endowment fund interest, if any, earmarked to the account
shall revert back to the endowment fund.
b. If the participation agreement is in effect for two or more years, the
participant shall receive the account balance less a penalty fee equal to 10
percent of the net earnings credited to the account and less any endowment fund
earnings earmarked to the account. The penalty fee shall be placed in the
administrative fund. Any endowment fund earnings earmarked to the account
shall revert back to the endowment fund.
16.13(3) If a participation agreement is canceled as a result of the
death of the beneficiary or disability of the beneficiary, the participant
shall receive the account balance with no imposition of the penalty fee.
a. Before a cancellation and refund due to the death of a beneficiary is made,
a participant must provide the trust a copy of the beneficiary's death
certificate or other proof of death acceptable under state law.
b. Before a cancellation and refund due to the disability of a beneficiary is
made, a participant must provide to the program administrator written
certification from a qualified and licensed physician that the beneficiary is
disabled and, as a result of such disability, cannot reasonably attend
school.
16.13(4) To the extent that a participation agreement is canceled as a
result of the beneficiary's being awarded a scholarship, as defined in Section
529 of the Internal Revenue Code, the participant shall receive the account
balance, up to the amount of the scholarship, with no imposition of the penalty
fee. To the extent that the refund exceeds the amount of the scholarship, the
penalty fee shall be imposed on such excess.
Before a refund is made due to the beneficiary's receiving a scholarship that
can be used at a qualified institution of higher education, a participant must
provide the program administrator written documentation that verifies and
describes the scholarship award.
16.13(5) Funds that are refunded to a participant pursuant to this rule
shall be reported to the appropriate taxing authorities for the tax year in
which such refund is made.
These rules are intended to implement 1998 Iowa Acts, House File 2119.
[Filed Emergency 9/18/98, effective 9/18/98]
[Published 10/7/98]
EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 10/7/98.
FILED
ARC 8387A
ECONOMIC DEVELOPMENT, IOWA DEPARTMENT OF[261]
Adopted and Filed
Pursuant to the authority of Iowa Code sections 15.104 and 15.106, the Iowa
Department of Economic Development amends Chapter 25, "Housing Fund," Iowa
Administrative Code.
Notice of Intended Action was published in the Iowa Administrative Bulletin as
ARC 8222A on August 12, 1998. The IDED Board adopted the amendments on
September 17, 1998.
The amendments (1) provide for an annual competition for HOME projects jointly
funded with affordable housing tax credits; (2) provide for the potential use
of a limited amount of Community Development Block Grant (CDBG) funds for
homeless shelter rehabilitation activities; and (3) allow a limit to be set on
the amount of funds expended for any single activity type.
A public hearing was held on September 1, 1998. No comments concerning the
proposed amendments were received from the public. The adopted amendments are
identical to those published under Notice of Intended Action.
These amendments are intended to implement Iowa Code section 15.108(1)"a."
These amendments will become effective on November 11, 1998.
The following amendments are adopted.
ITEM 1. Amend rule 261--25.2(15) by adding the following
new definitions in alphabetical order:
"AHTC" means affordable housing tax credits and federal tax incentives created
through the Tax Reform Act of 1986 and allocated through the Iowa finance
authority for affordable rental housing development.
"IFA" means the Iowa finance authority.
ITEM 2. Amend subrule 25.5(4) as follows:
25.5(4) Housing fund applications which the staff contacts determine
are ready for review by the last working day of a month shall be reviewed and
responded to in the following month to the extent funds are available. Once
funds have been expended, IDED reserves the right to hold applications for
review until after the next allocation of funds from HUD.
ITEM 3. Amend rule 261--25.5(15) by adding the following new
subrule:
25.5(5) Applications for rental housing activities proposed to be
funded jointly through the housing fund and the affordable housing tax credit
program shall be reviewed and award decisions made through an annual
competition for funds reserved for this purpose under subrule 25.8(3).
Applicants shall be required to submit a housing fund/affordable housing tax
credit application supplement to IDED by the deadline established by IFA for
the submission of AHTC applications. IDED shall distribute information about
the application procedure to potential applicants with IFA's annual AHTC
program announcement.
ITEM 4. Amend rule 261--25.8(15) as follows:
261--25.8(15) Allocation of funds.
25.8(1) IDED may retain a portion of the amount provided for at
261--subrule 23.6(1) of the state's annual CDBG allocation from HUD and up to
10 percent of the state's annual HOME allocation from HUD for administrative
costs associated with program implementation and operation.
25.8(2) Not less than 15 percent of the state's annual HOME allocation
shall be reserved for eligible housing activities proposed by CHDOs.
25.8(3) Up to 75 percent of the state's annual HOME
allocation shall be reserved for rental housing activities jointly funded with
HOME and affordable housing tax credits.
25.8(4) IDED reserves the right to allocate up to 5 percent
of CDBG funds allocated to the housing fund for the emergency repair of
homeless shelters. Recipients funded for this purpose shall not be required to
follow the application procedure set forth in rule 261--25.5(15).
25.8(3)(5) IDED will determine the appropriate
source of funding, either CDBG or HOME, for each housing fund award based on
factors including the availability of funds, the nature of the housing activity
and the recipient type.
25.8(6) IDED reserves the right to limit the amount of funds
that shall be awarded for any single activity type.
25.8(4)(7) Awards shall be limited to no more
than $700,000.
25.8(5)(8) The maximum per unit housing fund
subsidy is $24,999.
25.8(6)(9) Recipients shall justify
administrative costs in the housing fund application. IDED reserves the right
to negotiate the amount of funds provided for administration, but in no case
shall the amount exceed 15 percent of a total housing fund award.
25.8(7)(10) IDED reserves the right to
negotiate the amount and terms of a housing fund award.
25.8(8)(11) IDED reserves the right to make
award decisions such that the state maintains the required level of local match
to HOME funds.
25.8(9)(12) IDED reserves the right to allocate
a portion of funds to comprehensive areawide housing programs. Potential
recipients shall be identified through a request for qualifications of entities
interested in and capable of operating an areawide program. Areawide program
proposals shall be evaluated on and awards negotiated on the targeted number of
beneficiaries to be assisted across income levels, household types and unmet
housing needs, rather than on specific activities.
[Filed 9/17/98, effective 11/11/98]
[Published 10/7/98]
EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 10/7/98.
ARC 8386A
ECONOMIC DEVELOPMENT, IOWA DEPARTMENT OF[261]
Adopted and Filed
Pursuant to the authority of Iowa Code sections 15.104 and 15.106, the Iowa
Department of Economic Development hereby adopts amendments to Chapter 59,
"Enterprise Zones," Iowa Administrative Code.
Notice of Intended Action was published in the Iowa Administrative Bulletin as
ARC 8223A on August 12, 1998. The IDED Board adopted these amendments
on September 17, 1998.
Numerous statutory revisions affecting the Enterprise Zone program were enacted
during the 1998 legislative session. The key changes include modifications of
the composition of city enterprise zone commissions; the adoption of
alternative criteria by which businesses located within 35 miles of an
enterprise zone may qualify for benefits; and inclusion of new provisions that
permit eligible housing businesses (housing developers or housing contractors)
to qualify for Enterprise Zone program incentives. The amendments incorporate
these statutory changes.
A public hearing to receive comments about the proposed amendments was held on
September 1, 1998. No comments were received at the public hearing. However,
at the September Administrative Rules Review Committee meeting, concern was
expressed by a Committee member about the Department's interpretation of a
statutory provision in the enterprise zone legislation. The statute prohibits
businesses from closing or reducing operations in one area of the state and
relocating substantially the same operation into an enterprise zone. The
administrative rules incorporate this restriction. At issue is the
interpretation of the phrase "one area of the state." The Committee member's
argument is that this encompasses closures or relocations within a city, e.g.,
a business may not move from one area of a city, relocate into an enterprise
zone within the same city and receive benefits associated with the zone.
The Department has interpreted the statute to prohibit a business from moving
from one city to another city's enterprise zone for the purpose of accessing
enterprise zone benefits. The closure or relocation of jobs from one city to
another results in the loss of jobs in one city; there is no net gain for the
state if jobs and investment are merely shifted from one city to another.
Expansion by a business within the same city to a targeted, distressed area
where new jobs will be created and new capital investment made is consistent
with the program's objectives. Provided the local enterprise zone commission
endorses the project, the Department supports proj-ects that further the job
creation and investment goals of the enterprise zone program. This
interpretation of the phrase "area of the state" is consistent with precedent
in other financial assistance programs administered by the agency and, the
Department believes, with legislative intent. At the time the legislation was
under consideration, the Department explained its interpretation of this phrase
which is also used in other financial assistance programs (e.g., CEBA, NJIP),
and no legislative amendments to the contrary to clarify that phrase were
adopted.
The IDED Board reviewed the Committee member's comments and concluded that no
changes to the proposed amendments were required on this subject. The final
amendments include the following revisions to Item 9, concerning requirements
for businesses qualifying as an "Alternative Eligible Business":
1. Paragraph 59.7(1)"a" was revised to eliminate references to operations "in
the enterprise zone" because businesses qualifying under this rule are not
required to be located in a zone. This paragraph was changed to reflect the
statutory language dealing with alternative eligible businesses: operations
"in a location which qualifies the business under this rule" rather than "in an
enterprise zone."
2. The reference to the commission in paragraph 59.7(1)"d" was deleted because
commission approval is not required for businesses applying as an "alternative
eligible business." Therefore, the reference to the authority of the commission
to extend the job creation time period for businesses in counties with a
population of 10,000 or less or in a city of 2,000 or less is not appropriate
for businesses qualifying under this rule. The reference to operations "in the
enterprise zone" was removed since it is not a requirement that the business be
located in the zone if qualifying under this rule.
3. In paragraph 59.7(1)"e," the reference to the local enterprise commission
was also deleted since, for alternative eligible businesses, a local enterprise
zone commission would not be required to determine the fair market value of
land and a vacant building suitable for industrial use. The revised amendment
assigns the valuation authority to the city for businesses qualifying as an
"alternative eligible business."
These amendments are intended to implement Iowa Code Supplement sections
15E.191 through 15E.196 as amended by 1998 Iowa Acts, House File 2164, House
File 2395, section 17, and House File 2538.
These amendments will become effective on November 11, 1998.
The following amendments are adopted.
ITEM 1. Amend rule 261--59.1(15E) as follows:
261--59.1(15E) Purpose. The purpose of the establishment of an
enterprise zone in a county or city is to promote new economic development in
economically distressed areas. Eligible businesses (including eligible
housing businesses) locating or located in an enterprise zone are
authorized under this program to receive certain tax incentives and assistance.
The intent of the program is to encourage communities to target resources in
ways that attract productive private investment in economically distressed
areas within a county or city.
ITEM 2. Amend the definitions of "Act" and "Commission" in rule
261--59.2(15E) as follows:
"Act" means Iowa Code Supplement sections 15E.191 through 15E.196 as amended
by 1998 Iowa Acts, House Files 2164, 2395, section 17, and 2538.
"Commission" or "enterprise zone commission" means the enterprise zone
commission established by a city or county within a designated
enterprise zone to review applications for incentives and
assistance for businesses located within or requesting to locate within
certified enterprise zones over which the enterprise zone commission has
jurisdiction under the Act.
ITEM 3. Amend paragraph 59.3(1)"b" as follows:
b. Zone parameters. Up to 1 percent of a county area may be designated as an
enterprise zone. A county may establish more than one enterprise zone. The
total amount of land designated as enterprise zones under subrules 59.3(1) and
59.3(2) shall not exceed in the aggregate 1 percent of the total county area
(excluding any area which qualifies as an urban or rural enterprise community
under Title XIII of the federal Omnibus Budget Reconciliation Act of 1993).
An eligible county containing a city whose boundaries extend into an
adjacent county may establish an enterprise zone in an area of the city located
in the adjacent county if the adjacent county's board of supervisors adopts a
resolution approving the establishment of the enterprise zone in the city and
the two counties enter into an agreement pursuant to Iowa Code chapter 28E
regarding the establishment of the enterprise zone.
ITEM 4. Amend paragraph 59.3(2)"c" as follows:
c. Urban or rural enterprise community. Zone parameters.
A city may establish more than one enterprise zone. Up to 1 percent of the
county in which the city is located may be designated as enterprise zones.
If there is an area in the city which meets the requirements for eligibility
for an urban or rural enterprise community under Title XIII of the federal
Omnibus Budget Reconciliation Act of 1993, such area shall be designated by the
state as an enterprise zone. (The area meeting the requirements for
eligibility for an urban or rural enterprise community shall not be included
for the purpose of determining the 1 percent aggregate area limitation for
enterprise zones.)
ITEM 5. Amend subparagraphs 59.3(3)"a"(3) and (4) as follows:
(3) Certification that the enterprise zone to be designated is within the
overall limitation that may not exceed in the aggregate 1 percent of the county
area and that the boundaries of the area to be designated are under the
jurisdiction of the city or county requesting the designation. If the
proposed county enterprise zone contains a city whose boundaries extend into an
adjacent county, documentation of the resolution of the board of supervisors of
the adjacent county approving the establishment of the zone and a copy of an
executed 28E agreement must be submitted to the department as part of the
request for zone certification.
(4) Resolution of the city council or board of supervisors, as appropriate,
requesting designation of the enterprise zone(s). Included within this
resolution may be a statement of the schedule of value-added property tax
exemptions that will be offered to all eligible businesses that may locate or
expand within the proposed enterprise zone. If a property tax exemption is
made applicable only to a portion of the property within the enterprise zone,
the designation request submitted to the department must include a description
of the uniform criteria which further some planning objective that has been
established by the city or county enterprise zone commission and approved by
the eligible city or county. Examples of acceptable "uniform criteria" that
may be adopted include, but are not limited to, wage rates, capital investment
levels, types and levels of employee benefits offered, job creation
requirements, and specific targeted industries. "Planning objectives" may
include, but are not limited to, land use, rehabilitation of distressed
property, or "brownfields" remediation.
This schedule of value-added property tax exemptions may be approved at the
time of zone designation request, but must be approved by the city council or
board of supervisors, as appropriate, before the establishment of the local
enterprise zone commission. This schedule of value-added property tax
exemptions may also include the other property tax exemptions or other property
tax related incentives that may be used in conjunction with the enterprise zone
such as property tax exemptions that may exist in Urban Revitalization Areas or
Tax Increment Financing (TIF) districts that may exist within Urban Renewal
Areas. Property tax exemptions authorized under Iowa Code chapter 427B may not
be used, as stated in Iowa Code section 427B.6, in conjunction with property
tax exemptions authorized by city council or county board of supervisors within
the local enterprise zone. The city or county shall forward a copy of the
official resolution listing the property tax exemption schedule(s) to the
department and to the local assessor.
ITEM 6. Amend rule 261--59.4(15E) as follows:
261--59.4(15E) Enterprise zone commission. Following notice of
enterprise zone certification by the board, the applicant city or county shall
establish an enterprise zone commission. The commission shall review
applications from eligible businesses and eligible housing
businesses located in the zone and forward eligible
approved applications to the department for final review and
approval.
59.4(1) Commission composition.
a. County enterprise zone commission. Whether an entire county or a
city or cities within a county are eligible for enterprise zone status,
a A county shall have only one enterprise zone commission to
review applications for incentives and assistance for businesses (including
eligible housing businesses) located or requesting to locate within a certified
enterprise zone. The enterprise zone commission shall consist of nine
members. Five of these members shall be comprised of:
(1) One representative of the county board of supervisors,
(2) One member with economic development expertise selected by the
department,
(3) One representative of the county zoning board,
(4) One member of the local community college board of directors, and
(5) One representative of the local workforce development center selected by
the Iowa workforce development department unless otherwise designated by a
regional advisory board.
The five members identified above shall select the remaining four members. If
the enterprise zone consists of an area meeting the requirements for
eligibility for an urban or rural enterprise community under Title XIII of the
federal Omnibus Budget Reconciliation Act of 1993, one of the remaining four
members shall be a representative of that enterprise community
zone. If the enterprise zone is located in a county that does
not have a county zoning board, the representatives identified in
59.4(1)"a"(1), (2), (4), and (5) shall select an individual with zoning
expertise to serve as a member of the commission.
b. City enterprise zone commission. If the enterprise zone has
qualified under the city criteria, the commission shall consist of the five
members identified in paragraph "a" above and the remaining four members shall
be selected by these five members. One of the four members shall be a
representative of an international labor organization. If the enterprise zone
consists of an area meeting the requirements for eligibility for an urban or
rural enterprise community under Title XIII of the federal Omnibus Budget
Reconciliation Act of 1993, one of the remaining four members shall be a
representative of that enterprise community zone. If an enterprise zone is
located in any city, an enterprise zone commission may also include a
representative, chosen by the city council, of each such city located in the
zone. A city in which an eligible enterprise zone is certified
shall have only one enterprise zone commission. A city with a population of
24,000 or more which designates an enterprise zone pursuant to Iowa Code
Supplement section 15E.194, subsection 2, and in which an eligible enterprise
zone is certified shall establish an enterprise zone commission to review
applications from qualified businesses located within or requesting to locate
within an enterprise zone to receive incentives or assistance. The commission
shall consist of nine members. Six of these members shall consist of:
(1) One representative of an international labor organization,
(2) One member with economic development expertise chosen by the department
of economic development,
(3) One representative of the city council,
(4) One member of the local community college board of directors,
(5) One member of the city planning and zoning commission, and
(6) One representative of the local workforce development center selected by
the Iowa workforce development department unless otherwise designated by a
regional advisory board.
The six members identified above shall select the remaining three members.
If the enterprise zone consists of an area meeting the requirements for
eligibility for an urban enterprise community under Title XIII of the federal
Omnibus Budget Reconciliation Act of 1993, one of the remaining three members
shall be a representative of that community. If a city contiguous to the city
designating the enterprise zone is included in an enterprise zone, a
representative of the contiguous city, chosen by the city council, shall be a
member of the commission.
59.4(2) Department review of composition.
a. Once a county or city has established an enterprise zone commission,
the county or city shall provide the department with the following information
to verify that the commission is constituted in accordance with the Act and
these rules:
a. (1) The name and address of each member.
b. (2) An identification of what group the member is
representing on the commission.
c. (3) Copies of the resolution or other necessary
action of a governing body, as appropriate, by which a member was appointed to
the commission.
d. (4) Any other information that the department may
reasonably request in order to permit it to determine the validity of the
commission's composition.
b. If a city has established an enterprise zone commission prior to July 1,
1998, the city may petition to the department of economic development to change
the structure of the existing commission. A petition to amend the structure of
an existing city enterprise zone commission shall include the following:
(1) The names and addresses of the members of the existing
commission,
(2) The date the commission was approved by the department,
(3) The proposed changes the city is requesting in the composition of the
commission,
(4) Copies of the resolution or other necessary action of a governing body,
as appropriate, by which a member was appointed to the commission.
59.4(3) Commission policies and procedures. Each commission shall
develop policies and procedures which shall, at a minimum, include:
a. Processes for receiving and evaluating applications from qualified
businesses seeking to participate within the enterprise zone; and
b. Operational policies of the commission such as meetings; and
c. A process for the selection of commission officers and the filling of
vacancies on the commission; and
d. The designation of staff to handle the day-to-day administration of
commission activities.
e. Additional local eligibility requirements for businesses, if any, as
discussed in subrule 59.6(1) 59.9(1).
ITEM 7. Amend rule 261--59.5(15E) as follows:
261--59.5(15E) Eligible business.
Eligibility. To participate in the enterprise zone program, a
business must qualify under one of three categories: as an eligible business,
an alternative eligible business, or an eligible housing business. Refer to
rule 261--59.6(15E) for a description of the eligibility requirements and
benefits available to a qualified "eligible business." Refer to rule
261--59.7(15E) for a description of the eligibility requirements and benefits
available to a qualified "alternative eligible business." Refer to rule 261--
59.8(15E) for a description of the eligibility requirements and benefits
available to a qualified "eligible housing business."
261--59.6(15E) Eligible business.
59.5(1) 59.6(1) Requirements. A business which
is or will be located in an enterprise zone is eligible to receive incentives
and assistance under the Act if the business meets all of the following:
a. No closure or reduction. The business has not closed or reduced its
operation in one area of the state and relocated substantially the same
operation into the enterprise zone. This requirement does not prohibit a
business from expanding its operation in an enterprise zone if existing
operations of a similar nature in the state are not closed or substantially
reduced.
b. No retail. The business is not a retail business or a business
whose entrance is limited by a cover charge or membership requirement.
c. The business pays at least 80 percent of the cost of a standard
medical and dental insurance plan for all full-time employees working at the
facility in which the new investment will occur. Employee
benefits. The business provides all full-time employees with the option of
choosing one of the following:
(1) The business pays 80 percent of both of the following:
1. The cost of a standard medical insurance plan, and
2. The cost of a standard dental insurance plan or an equivalent
plan.
(2) The business provides the employee with a monetarily equivalent plan to
the plan provided for in subparagraph (1) above.
d. Wage levels. The business pays an average wage that is at or greater
than 90 percent of the lesser of the average county wage or average regional
wage, as determined by the department. However, in any circumstance, the wage
paid by the business for the project jobs shall not be less than $7.50 per
hour. The department will periodically calculate, revise and issue the
"average county wage" and the "average regional wage" figures that will be used
for determining business eligibility in the program. However, in any
circumstance, a company will be deemed eligible for participation in the
enterprise zone if it pays an hourly wage of $9.50 or greater. The local
enterprise zone commission may establish higher company eligibility wage
thresholds if it so desires.
e. Job creation. The business expansion or location must result in at
least ten full-time project jobs and those project jobs must be maintained for
at least ten years. The business shall create these jobs within three years of
the effective date of the business's agreement with the department and the city
or county, as appropriate. For an existing business in counties with a
population of 10,000 or less or in cities with a population of 2,000 or
less, the commission may adopt a provision that allows the business to
create at least five initial jobs with the additional five jobs to be added
within five years. The business shall include in its strategic plan the time
line for job creation. If the existing business fails to meet the ten-job
creation requirement within the five-year period, all incentives and assistance
will cease immediately.
f. Capital investment. The business makes a capital investment of at
least $500,000. If the business will be occupying a vacant building suitable
for industrial use, the fair market value of the building and land, not to
exceed $250,000, as determined by the local enterprise zone commission, shall
be counted toward the capital investment requirement. An existing business
that has been operating in the enterprise zone for at least five years is
exempt from the capital investment requirement of this paragraph of up to
$250,000 of the fair market value, as established by an appraisal, of the
building and land. The capital investment amount stated in the business's
application must be completed within three years of the effective date of the
agreement described in rule 59.9(15E).
59.5(2) 59.6(2) Additional information. In
addition to meeting the requirements under subrule 59.5(1)
59.6(1), an eligible business shall provide the enterprise zone
commission with all of the following:
a. The long-term strategic plan for the business, which shall include labor and
infrastructure needs.
b. Information dealing with the benefits the business will bring to the
area.
c. Examples of why the business should be considered or would be considered a
good business enterprise.
d. The impact the business will have on other Iowa businesses in competition
with it.
e. An affidavit that it has not, within the last five years, violated state or
federal environmental and worker safety statutes, rules, and regulations or if
such violation has occurred that there were mitigating circumstances or such
violations did not seriously affect public health or safety or the
environment.
59.6(3) Benefits. The following incentives and assistance
are available to an eligible business within a certified enterprise zone only
when the average wage of all the new project jobs meets the minimum wage
requirements of 59.6(1)"d":
a. New jobs supplemental credit; alternative credit for housing assistance
programs.
(1) An approved business shall receive a new jobs supplemental credit from
withholding in an amount equal to 1½ percent of the gross wages paid by
the business, as provided in Iowa Code section 15.331. The supplemental new
jobs credit available under this program is in addition to and not in lieu of
the program and withholding credit of 1½ percent authorized under Iowa
Code chapter 260E. Additional new jobs created by the project, beyond those
that were agreed to in the original agreement as described in 261--59.12(15E),
are eligible for the additional 1½ percent withholding credit as long as
those additional jobs meet the local enterprise zone wage eligibility criteria
and are an integral part or a continuation of the new location or expansion.
Approval and administration of the supplemental new jobs credit shall follow
existing procedures established under Iowa Code chapter 260E. Businesses
eligible for the new jobs training program are those businesses engaged in
interstate commerce or intrastate commerce for the purpose of manufacturing,
processing, or assembling products, conducting research and development, or
providing services in interstate commerce, but exclude retail, health or
professional services.
(2) As an alternative to the credit described in subparagraph (1) above, a
business may provide a housing assistance program in the form of down payment
assistance or rental assistance for employees in new jobs, as defined in Iowa
Code Supplement section 260E.2, who buy or rent housing located within any
certified enterprise zone. A business establishing a housing assistance
program shall fund this program through a credit from withholding based on the
wages paid to the employees participating in the housing assistance program.
An amount equal to 1½ percent of the gross wages paid by the employer to
each employee participating in the housing assistance program shall be credited
from the payment made by an employer pursuant to Iowa Code section 422.16. If
the amount of the withholding by the employer is less than 1½ percent of
the gross wages paid to the employees, then the employer shall receive a credit
against other withholding taxes due by the employer. The employer shall
deposit the amount of the credit quarterly into a housing assistance fund
created by the business out of which the business shall provide employees
enrolled in the housing assistance program with down payment assistance or
rental assistance.
(3) A business may enter into an agreement with the county or city
designating the enterprise zone pursuant to Iowa Code section 15E.194 to borrow
initial moneys to fund a housing assistance program. The county or city may
appropriate from the general fund of the county or city for the assistance
program an amount not to exceed an amount estimated by the department of
revenue and finance to be equal to the total amount of credit from withholding
for employees determined by the business to be enrolled in the program during
the first two years. The business shall pay the principal and interest on the
loan out of moneys received from the credit from withholding provided for in
subparagraph (1). The terms of the loan agreement shall include the principal
amount, the interest rate, the terms of repayment, and the term of the loan.
The agreement shall require that the down payment assistance or rental
assistance provided for employees in new jobs be repaid, in whole or in part,
in the event an employee is no longer employed by the business or defaults
under the agreement between the business and an employee. The terms of the
loan agreement shall not extend beyond the period during which the enterprise
zone is certified. The employer shall certify to the department of revenue and
finance that the credit from withholding is in accordance with an agreement and
shall provide other information the department may require.
The business shall enter into an agreement with each employee receiving down
payment or rental assistance. The agreements shall include terms and
conditions of the receipt of the assistance and repayment provisions should the
employee no longer work for the business or default under the terms of the
agreement.
(4) An employee participating in the housing assistance program will receive
full credit for the amount withheld as provided in Iowa Code section
422.16.
(5) The 1½ percent supplemental credit authorized under this rule may
be apportioned between the 260E training programs described in subparagraph (1)
and the down payment or rental assistance program described in subparagraph
(2).
b. Value-added property tax exemption.
(1) The county or city for which an eligible enterprise zone is certified
may exempt from all property taxation all or a portion of the value added to
the property upon which an eligible business locates or expands in an
enterprise zone and which is used in the operation of the eligible business.
This exemption shall be authorized by the city or county that would have been
entitled to receive the property taxes, but is electing to forego the tax
revenue for an eligible business under this program. The amount of value added
for purposes of Iowa Code Supplement section 15E.196 shall be the amount of the
increase in assessed valuation of the property following the location or
expansion of the business in the enterprise zone.
(2) If an exemption is made applicable only to a portion of the property
within an enterprise zone, there must be approved uniform criteria which
further some planning objective established by the city or county zone
commission. These uniform criteria must also be approved by the eligible city
or county. Examples of acceptable "uniform criteria" that may be adopted
include, but are not limited to, wage rates, capital investment levels, types
and levels of employee benefits offered, job creation requirements, and
specific targeted industries. "Planning objectives" may include, but are not
limited to, land use, rehabilitation of distressed property, or "brownfields"
remediation.
(3) The exemption may be allowed for a period not to exceed ten years
beginning the year the eligible business enters into an agreement with the
county or city to locate or expand operations in an enterprise zone.
c. Investment tax credit. A business may claim an investment tax credit as
provided in Iowa Code section 15.333. A corporate tax credit may be claimed of
up to a maximum of 10 percent of the new investment which is directly related
to new jobs created by the location or expansion of the business in the
enterprise zone. If the business is a partnership, subchapter S corporation,
limited liability company, or an estate or trust electing to have the income
taxed directly to the individual, an individual may claim the tax credit
allowed. Any credit in excess of tax liability for the tax year may be
credited to the tax liability for the following seven years or until depleted,
whichever occurs first. The business participating in the enterprise zone may
not claim an investment tax credit for capital expenditures above the amount
stated in the agreement described in 261--59.12(15E). An eligible business may
instead seek to amend the contract, allowing the business to receive an
investment tax credit for additional capital expenditures, or may elect to
submit a new application within the enterprise zone. For purposes of this
rule, the capital expenditures eligible for the investment tax credit under the
enterprise zone program are the costs of machinery and equipment used in the
operation of the eligible business and the cost of improvements to real
property which is used in the operation of the business and which receives a
partial property tax exemption for the value added as described in Iowa Code
section 15.332.
d. Research activities credit. A business is eligible to claim a research
activities credit as provided in Iowa Code section 15.335. This benefit is a
corporate tax credit for increasing research activities in this state during
the period the business is participating in the program. For purposes of
claiming this credit, a business is considered to be "participating in the
program" for a period of ten years from the date the business's application was
approved by the department. This credit equals 6½ percent of the state's
apportioned share of the qualifying expenditures for increasing research
activities. The state's apportioned share of the qualifying expenditures for
increasing research activities is a percent equal to the ratio of qualified
research expenditures in this state to total qualified research expenditures.
This credit is in addition to the credit authorized in Iowa Code section
422.33. If the business is a partnership, subchapter S corporation, limited
liability company, or an estate or trust electing to have the income taxed
directly to the individual, an individual may claim the tax credit allowed.
Any tax credit in excess of the tax liability shall be refunded to the eligible
business with interest computed under Iowa Code section 422.25. In lieu of
claiming a refund, the eligible business may elect to have the overpayment
credited to its tax liability for the following year.
e. Refund of sales, service and use taxes paid to contractors or
subcontractors. A business is eligible for a refund of sales, service and use
taxes paid to contractors and subcontractors as authorized in Iowa Code section
15.331A.
(1) An eligible business may apply for a refund of the sales and use taxes
paid under Iowa Code chapters 422 and 423 for gas, electricity, water or sewer
utility services, goods, wares, or merchandise, or on services rendered,
furnished, or performed to or for a contractor or subcontractor and used in the
fulfillment of a written contract relating to the construction or equipping of
a facility within the enterprise zone.
(2) Taxes attributable to intangible property and furniture and furnishings
shall not be refunded. To receive a refund of the sales, service and use taxes
paid to contractors or subcontractors, the eligible business must, within six
months after project completion, make an application to DRF. For new
manufacturing facilities, "project completion" means the first date upon which
the average annualized production of finished product for the preceding 90-day
period at the manufacturing facility operated by the eligible business within
the enterprise zone is at least 50 percent of the initial design capacity of
the facility. For existing facilities, "project completion" means the date of
completion of all improvements included in the enterprise zone project.
59.6(4) Duration of benefits. An enterprise zone designation
shall remain in effect for ten years following the date of certification. Any
state or local incentives or assistance that may be conferred must be conferred
before the designation expires. However, the benefits of the incentive or
assistance may continue beyond the expiration of the zone designation.
59.6(5) Application review and submittal. Eligible
businesses shall first submit applications for enterprise zoneprogram benefits
to the local enterprise zone commission.Commission-approved applications shall
be forwarded to the department for final review and approval.
ITEM 8. Renumber rule 261--59.6(15E) as 261-- 59.9(15E) and
amend as follows:
261--59.6(15E) 59.9(15E) Commission review of
businesses' applications.
59.6(1) 59.9(1) Additional commission
eligibility requirements. Under the Act, a commission is authorized to adopt
additional eligibility requirements related to compensation and benefits that
businesses within a zone must meet in order to qualify for benefits.
Additional local requirements that may be considered could include, but are not
limited to, the types of industries or businesses the commission wishes to
receive enterprise zone benefits; requirements that preference in hiring be
given to individuals who live within the enterprise zone; higher wage
eligibility threshold requirements than would otherwise be required; higher job
creation eligibility threshold requirements than would otherwise be required;
the level of benefits required; local competition issues; or any other criteria
the commission deems appropriate. If a commission elects to adopt more
stringent requirements than those contained in the Act and these rules for a
business to be eligible for incentives and assistance, these requirements shall
be submitted to the department.
59.6(2) 59.9(2) Application. The department
will develop a standardized application that it will make available for use by
businesses within a certified enterprise zone a business
applying for benefits and assistance as an eligible business, an alternative
eligible business, or an eligible housing business. The commission may add
any additional information to the application that it deems appropriate for
a business to qualify as an eligible business or an eligible housing
business. If the commission determines that a business qualifies for
inclusion in an enterprise zone and that it is eligible for benefits under the
Act, the commission shall submit an application for incentives or assistance to
the department.
ITEM 9. Renumber rule 261--59.7(15E) as 261-- 59.11(15E) and
adopt new rule 261--59.7(15E) as follows:
261--59.7(15E) Alternative eligible business.
59.7(1) Requirements. A business which is not located in an enterprise
zone is eligible to receive incentives and assistance under the enterprise zone
program if the business meets all of the following criteria:
a. No closure or reduction. The business has not closed or reduced its
operation in one area of the state and relocated substantially the same
operation in a location which qualifies the business under this rule. This
requirement does not prohibit a business from expanding its operation in a
location which qualifies the business under this rule if existing operations of
a similar nature in the state are not closed or substantially reduced.
b. No retail. The business is not a retail business or a business whose
entrance is limited by a cover charge or membership requirement.
c. Employee benefits. The business provides all full-time employees with the
option of choosing one of the following:
(1) The business pays 80 percent of both of the following:
1. The cost of a standard medical insurance plan, and
2. The cost of a standard dental insurance plan or an equivalent plan.
(2) The business provides the employee with a monetarily equivalent plan to the
plan provided for in subparagraph (1) above.
d. Job creation. The business expansion or location must result in at least
ten full-time project jobs and those project jobs must be maintained for at
least ten years. The business shall create these jobs within three years of
the effective date of the business's agreement with the department and the city
or county, as appropriate. The business shall include in its strategic plan
the time line for job creation. If the existing business fails to meet the
ten-job creation requirement within the five-year period, all incentives and
assistance will cease immediately.
e. Capital investment. The business makes a capital investment of at least
$500,000. If the business will be occupying a vacant building suitable for
industrial use, the fair market value of the building and land, not to exceed
$250,000, as determined by the city, shall be counted toward the capital
investment requirement. An existing business that has been operating for at
least five years is exempt from the capital investment requirement of this
paragraph of up to $250,000 of the fair market value, as established by an
appraisal, of the building and land. The capital investment amount stated in
the business's application must be completed within three years of the
effective date of the agreement described in rule 59.12(15E).
f. City population limits. The business must be or plan to be located in a
city with a population between 8,000 and 24,000 as determined by population
estimates by the United States Bureau of the Census for the year 1995.
g. Proximity to enterprise zone. The business must currently be or plan to be
located in a city which is not more than 35 miles from an existing enterprise
zone in this state or an equivalent zone in an adjacent state.
h. NJIP (new jobs and income program) wage levels. The business shall comply
with the wage requirements of Iowa Code section 15.329(1)"d." This section of
the Iowa Code requires the business to agree to pay a median wage for new
full-time hourly nonmanagement production jobs of at least $11 per hour indexed
to 1993 dollars based on the gross national product implicit price deflator
published by the Bureau of Economic Analysis of the United States Department of
Commerce or 130 percent of the average wage in the county in which the
community is located, whichever is higher.
i. Distress criteria. The business must currently be or plan to be located in
an area that meets two of the criteria listed below:
(1) The area has a per capita income of $9,600 or less based on the 1990
census.
(2) The area has a family poverty rate of 12 percent or higher based on the
1990 census.
(3) Ten percent or more of the housing units in the area are vacant.
(4) The valuations of each class of property in the designated area are 75
percent or less of the citywide average for that classification based upon the
most recent valuations for property tax purposes.
(5) The area is a blighted area, as defined in Iowa Code section 403.17.
j. City approval. The business must receive approval by ordinance or
resolution from the city in which the project is located.
59.7(2) Benefits. A business that qualifies under the "alternative
eligible business" category is eligible to receive the following benefits:
a. A new jobs supplemental credit as described in paragraph 59.6(3)"a."
b. A value-added property tax exemption as described in paragraph
59.6(3)"b."
c. An investment tax credit as detailed in paragraph 59.6(3)"c."
d. A research activities credit as outlined in paragraph 59.6(3)"d."
e. A sales, service, and use tax refund credit as described in paragraph
59.6(3)"e."
The duration of these benefits shall be the same as set forth in subrule
59.6(4).
59.7(3) Application submittal and review. After approval of a project
by ordinance or resolution, the city shall submit an application directly to
the department.
ITEM 10. Rescind rule 261--59.8(15E) and adopt the following new
rule in lieu thereof:
261--59.8(15E) Eligible housing business. An eligible housing business
includes a housing developer or housing contractor.
59.8(1) Requirements. A housing business shall satisfy all of the
following as conditions to receiving the benefits described in this rule.
a. The housing business must build or rehabilitate either:
(1) A minimum of four single-family homes with a value, after completion of the
building or rehabilitation, not exceeding $120,000 for each home located in
that part of a city or county in which there is a designated enterprise zone,
or
(2) One multiple dwelling unit building containing three or more individual
dwelling units with a total value per unit, after completion of the building or
rehabilitation, not exceeding $120,000 located in that part of a city or county
in which there is a designated enterprise zone.
b. The single-family homes and dwelling units which are rehabilitated or
constructed by the housing business shall be modest homes or units, but shall
include the necessary amenities. When completed and made available for
occupancy, the single-family homes and dwelling units shall meet the United
States Department of Housing and Urban Development's housing quality standards
and local safety standards.
c. The eligible housing business shall complete its building or rehabilitation
within two years from the time the business begins construction on the
single-family homes and dwelling units. The failure to complete construction
or rehabilitation within two years shall result in the eligible housing
business becoming ineligible and subject to the repayment requirements and
penalties in rule 261--59.13(15E).
d. An eligible housing business shall provide the enterprise zone commission
with all of the following information:
(1) The long-term plan for the proposed housing development project, including
labor and infrastructure needs.
(2) Information dealing with the benefits the proposed housing development
project will bring to the area.
(3) Examples of why the proposed development project should be considered a
good housing development project.
(4) An affidavit that it has not, within the last five years, violated state or
federal environmental and worker safety statutes, rules, and regulations or if
such violations have occurred that there were mitigating circumstances or such
violations did not seriously affect public health or safety or the
environment.
59.8(2) Benefits. A business that qualifies under the "eligible
housing business" category is eligible to receive the following benefits for a
period of ten years:
a. Income tax credit. An eligible housing business may claim an income tax
credit up to a maximum of 10 percent of the new investment which is directly
related to the building or rehabilitating of a minimum of four single-family
homes located in that part of a city or county in which there is a designated
enterprise zone or one multiple dwelling unit building containing three or more
individual dwelling units located in that part of a city or county in which
there is a designated enterprise zone. Any credit in excess of the tax
liability for the tax year may be credited to the tax liability for the
following seven years or until depleted, whichever occurs earlier. If the
business is a partnership, subchapter S corporation, limited liability company,
or estate or trust electing to have the income taxed directly to the
individual, an individual may claim the tax credit allowed. The amount claimed
by the individual shall be based upon the pro-rata share of the individual's
earnings of the partnership, subchapter S corporation, limited liability
company, or estate or trust.
b. Sales, service, and use tax refund. An approved housing business shall
receive a sales, service, and use tax refund as described in paragraph
59.6(3)"e."
59.8(3) Application submittal and review. An eligible housing business
shall first submit an application to the commission for approval. The
commission shall forward applications that it has approved to receive benefits
and assistance to the department for final review and approval.
ITEM 11. Renumber rule 261--59.9(15E) as 261-- 59.12(15E).
ITEM 12. Renumber rule 261--59.10(15E) as 261-- 59.13(15E) and
adopt a new rule 261--59.10(15E) as follows:
261--59.10(15E) Other commission responsibilities.
59.10(1) Commissions have the authority to adopt a requirement that
preference in hiring be given to individuals who live within the enterprise
zone. If it does so, the commission shall work with the local workforce
development center to determine the labor availability in the area.
59.10(2) Commissions shall examine and evaluate building codes and
zoning in enterprise zones and make recommendations to the appropriate
governing body in an effort to promote more affordable housing development.
ITEM 13. Amend renumbered rule 261--59.11(15E) as follows:
261--59.11(15E) Department action on eligible applications. The
department may approve, deny, or defer applications from qualified businesses.
In reviewing applications for incentives and assistance under the Act, the
department will consider the following:
59.11(1) Compliance with the requirements of the Act and administrative
rules. Each application will be reviewed to determine if it meets the
requirements of Iowa Code Supplement section 15E.193 the
Act and these rules. Specific criteria to be reviewed include, but are not
limited to: medical and dental insurance coverage; wage levels; number of jobs
to be created; and capital investment level.
59.11(2) Competition. The department shall consider the impact of the
eligible business on other businesses in competition with it and compare the
compensation package of businesses in competition with the business being
considered for incentives and assistance under this program, to ensure an
overall economic gain to the state.
59.11(3) Displacement of workers. The department will make a
good-faith effort to determine the probability that the proposed incentives
will displace employees of existing businesses. In determining the impact on
businesses in competition with the business seeking incentives or assistance,
jobs created as a result of other jobs being displaced elsewhere in the state
shall not be considered direct jobs created.
59.11(4) Violations of law. The department will review each
application to determine if the business has a record of violations of law. If
the department finds that an eligible business, alternative eligible
business, or an eligible housing business has a record of violations of the
law including, but not limited to, environmental and worker safety statutes,
rules, and regulations over a period of time that tends to show a consistent
pattern, the eligible business shall not qualify for
incentives or assistance under 1998 Iowa Acts, House Files 2164 and 2538
or Iowa Code Supplement section15E.196, unless the department finds that
the violations did not seriously affect public health or safety or the
environment, or if they did that there were mitigating circumstances. If
requested by the department, the business shall provide copies of materials
documenting the type of violation, any fees or penalties assessed, court
filings, final disposition of any findings and any other information which
would assist the department in assessing the nature of any violation.
59.11(5) Commission's recommendations and additional criteria. For
each application from a business, the department will review the local analysis
(including any additional local criteria) and recommendation of the enterprise
zone commission in the zone where the business is located, or plans to
locate.
59.11(6) Other relevant information. The department may also review an
application using factors it reviews in other department-administered financial
assistance programs which are intended to assess the quality of the jobs
pledged.
ITEM 14. Amend renumbered rule 261--59.13(15E) as follows:
261--59.13(15E) Compliance; repayment requirements; recovery of value of
incentives.
59.13(1) Annual certification. A business that is approved to receive
incentives or assistance shall, for the length of its designation as an
enterprise zone business, certify annually to the county or city, as
applicable, and the department its compliance with the requirements of
Iowa Code section 15E.183 the Act and these rules.
59.13(2) Repayment. If a business has received incentives or
assistance under Iowa Code section 15E.186 1998 Iowa Acts,
House Files 2164 and 2538, or Iowa Code Supplement section 15E.196 and
fails to meet and maintain any one of the requirements of Iowa Code
section 15E.183 and 261--59.5(15) the Act or these rules to be
an eligible business, the business is subject to repayment of all or a portion
of the incentives and assistance that it has received.
59.13(3) Calculation of repayment due. If a business fails in any year
to meet any one of the requirements of Iowa Code Supplement section
15E.193(1) and 261--59.5(15E) the Act or these rules to be an
eligible business, it is subject to repayment of all or a portion of the amount
of incentives received.
a. Failure to meet/maintain requirements. If a business fails in any year to
meet or maintain any one of the requirements of Iowa Code Supplement
section 15E.193(1), the Act or these rules, except its job
creation requirement which shall be calculated as outlined in paragraph "b"
below, the business shall repay the value of the incentives received for each
year during which it was not in compliance.
b. Job creation shortfall. If a business does not meet its job creation
requirement, repayment shall be calculated as follows:
(1) If the business has met 50 percent or less of the requirement, the business
shall pay the same percentage in benefits as the business failed to create in
jobs.
(2) More than 50 percent, less than 75 percent. If the business has met more
than 50 percent but not more than 75 percent of the requirement, the business
shall pay one-half of the percentage in benefits as the business failed to
create in jobs.
(3) More than 75 percent, less than 90 percent. If the business has met more
than 75 percent but not more than90 percent of the requirement, the business
shall pay one-quarter of the percentage in benefits as the business failed to
create in jobs.
59.13(4) DRF; county/city recovery. Once it has been established,
through the business's annual certification, monitoring, audit or otherwise,
that the business is required to repay all or a portion of the incentives
received, the department of revenue and finance and the city or county, as
appropriate, shall collect the amount owed. The city or county, as applicable,
shall have the authority to take action to recover the value of taxes not
collected as a result of the exemption provided by the community to the
business. The department of revenue and finance shall have the authority to
recover the value of state taxes or incentives provided under 1998 Iowa
Acts, House Files 2164 and 2538, or Iowa Code Supplement section 15E.196.
The value of state incentives provided under 1998 Iowa Acts, House Files
2164 and 2538, or Iowa Code Supplement section 15E.196 includes applicable
interest and penalties.
ITEM 15. Amend 261--Chapter 59, implementation sentence, as follows:
These rules are intended to implement Iowa Code Supplement sections 15E.191
through 15E.196 as amended by 1998 Iowa Acts, House Files 2164, 2395,
section 17, and 2538.
[Filed 9/17/98, effective 11/11/98]
[Published 10/7/98]
EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 10/7/98.
ARC 8375A
EDUCATION DEPARTMENT[281]
Adopted and Filed
Pursuant to the authority of Iowa Code section 256.7(5), the Iowa Department of
Education hereby adopts amendments to Chapter 21, "Community Colleges," Iowa
Administrative Code.
These amendments describe the instructional course for drinking drivers,
including the approval of the instructional course and the setting of tuition
and fees by the Department of Education.
Notice of Intended Action was published in the Iowa Administrative Bulletin
July 15, 1998, as ARC 8179A. These amendments are identical to those
published under Notice of Intended Action. A public hearing was held on August
4, 1998, and no comments were received.
These amendments are intended to implement Iowa Code section 321J.22.
These amendments will become effective on November 11, 1998.
The following amendments are adopted.
ITEM 1. Amend 281--Chapter 21, Division III, title, as follows:
INSTRUCTION INSTRUCTIONAL
COURSE FOR
DRINKING DRIVERS
ITEM 2. Amend 281--Chapter 21 by renumbering rules 281--21.30(321J) and
281--21.31(321J) as 281-- 21.31(321J) and 281--21.32(321J)
and adopting the following new rule:
281--21.30(321J) Purpose. The purpose of the instructional
course for drinking drivers is designed to inform the offender about drinking
and driving and encourage the offender to assess the offender's own drinking
and driving behavior in order to select practical alternatives.
ITEM 3. Amend renumbered rule 281--21.31(321J) as follows:
281--21.31(321J) Course. The instruction
instructional course for drinking drivers shall be developed
and approved by the state board of education for use by community
colleges. Each course of instruction shall include
establish the following:
1. Factual information about the physical effects of alcohol;
An understanding that alcohol-related problems could happen to anyone and
that a person's drinking choices matter. The course illustrates common views
of society that prevent people from taking drinking choices seriously.
Research is presented to challenge common views with an understanding that
alcohol problems are related to lifestyle choices.
2. Assistance to each student with self assessment and an increased
awareness of drinking and driving problems; An understanding that
specific low-risk choices will help reduce the risk of experiencing
alcohol-related problems at any point in life. The course presents
research-based, low-risk guidelines.
3. An attempt to motivate each student to select alternatives to
drinking and driving; and Methods of providing support for making
low-risk choices.
4. Assistance to students in establishing contact with service agencies
within their communities. An accurate description of the
progression of drinking to the development of alcoholism to help people weigh
the risk involved with high-risk drinking and to see how high-risk choices may
jeopardize their lives and the lives of others.
5. Opportunities to develop a specific plan of action to follow
through with low-risk choices. A list of community resources is provided for
ongoing support and treatment as needed.
ITEM 4. Amend renumbered rule 281--21.32(321J) as follows:
281--21.32(321J) Fee Tuition fee
established.
1. Each person enrolled in the instruction
instructional course for drinking drivers shall pay to the community
college a tuition fee of $60 75 to
defray the expenses of for the approved 12-hour
course, plus a reasonable book fee or $175 for the approved 28-hour
weekend course, plus a reasonable book fee. unless the person has
been determined to be indigent. For the approved 28-hour weekend
course, the community college shall set a reasonable fee for lodging, meals,
and security.
2. A person shall not be denied enrollment in a course by reason of a
person's indigency. For court-ordered placement, the court shall determine a
person's indigency. In all other instances, the community college shall
determine indigency upon application.
ITEM 5. Amend 281--Chapter 21, Division III, implementation sentence,
as follows:
Rules 21.30(321J) and 21.31(321J) These rules are
intended to implement Iowa Code section 321J.22.
[Filed 9/16/98, effective 11/11/98]
[Published 10/7/98]
EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 10/7/98.
ARC 8369A
EDUCATION DEPARTMENT[281]
Adopted and Filed
Pursuant to the authority of Iowa Code section 256.7(5), the Iowa Department of
Education hereby amends Chapter 21, "Community Colleges," Iowa Administrative
Code.
This amendment describes the plan for distribution of general state financial
aid appropriated by the General Assembly to the Department of Education for
community college programs.
Notice of Intended Action was published in Iowa Administrative Bulletin on July
15, 1998, as ARC 8178A. A public hearing was held via ICN on August 4,
1998. Due to the public comments received, the following changes were made to
the Notice:
1. In 21.45(1), in the definition of "Eligible noncredit courses" in numbered
paragraph "10," the word "adult" has been added in two instances as follows:
ABE/adult high school completion/ESL and adult High School Completion.
2. In 21.45(1), the definition of "Eligible student" now reflects public
comment received prior to and during the public hearing. The word "eligible"
has been added to "credit" and "noncredit courses." The remainder of the
original definition has been reworded in order to clarify and correct the
language.
3. In 21.45(2), paragraphs "b" to "d" have been changed to clarify the manner
and sequence of distribution for the reader. A new paragraph "e" was added to
state that if the increase in the total state general aid exceeds the funds
needed to meet the allocation requirements, the remaining amount shall be
distributed based on each college's most recent proportional share of total
FTEE.
A sentence has also been added at the end of the subrule to state that if the
total increase in total state general aid is equal to or less than 2 percent,
the increase shall be distributed as inflation.
4. Subrule 21.45(8) has been added to require each community college to
complete and submit an annual student enrollment audit to the Department of
Education. Adjustments to community college state general aid allocations
shall be made based on student enrollment audit outcomes.
This rule is intended to implement Iowa Code sections 260C.14(21) and
260C.49.
This rule will become effective on November 11, 1998.
The following rule is adopted.
Rescind rule 281--21.45(260D) and adopt the following new
rule:
281--21.45(260C) Purpose. A distribution plan for general state
financial aid to Iowa's community colleges is established for the fiscal year
commencing July 1, 1999, and succeeding fiscal years. Funds appropriated by
the general assembly to the department of education for general financial aid
to community colleges shall be allocated to each community college in the
manner defined in this chapter.
21.45(1) Definitions. For the purpose of this rule, the following
definitions shall apply:
"Academic year" means a period of time which begins with the first day of the
fall term for each community college and continues through the day preceding
the start of the next fall term as indicated in the official college
calendar.
"Base funding" means the amount of general state financial aid each community
college received as an allocation from appropriations made from the state
general fund in the base year.
"Base year" means the fiscal year ending during the calendar year in which a
budget is certified.
"Contact hour" for a noncredit course equals 50 minutes of contact between an
instructor and students in a scheduled course offering for which students are
registered.
"Credit hour," for purposes of community college funding distribution, shall be
as defined in subrule 21.2(13).
"Eligible credit courses" means all credit courses that are eligible for
general state financial aid and which must be part of an approved program of
study. Developmental education courses that award credit hours are eligible
for inclusion in the FTEE calculation. The department of education shall
review and provide a determination should a question of eligibility occur.
"Eligible noncredit courses" means all noncredit courses eligible for general
state financial aid that must fit one of the following ten eligible categories
for noncredit courses:
1. Community resource development: courses that provide participants with
information which may result in improved and enhanced community resources or
community development programs.
2. State-mandated or state-approved: organized educational instruction
designed to meet legislated or licensing requirements as defined in the Code of
Iowa. The educational curriculum for such instruction is approved by the
department of education, licensing boards, or state departments.
3. Legal and consumer rights: a group of instructional courses that provide
the opportunity to become a better-informed and more thoughtful consumer and
identify the consumer's rights and obligations under a contract.
4. Health: courses designed to enhance understanding, attitudes, and practices
relating to individual, family, and community health. Instruction is based on
scientific facts that serve as a foundation for decision making and action to
achieve health potentials.
5. Employment and business: learning activities that are designed to develop
skills needed to obtain and enhance employment. The activities will provide an
understanding of business principles and practices having applications in
business and industry locally, regionally, nationally, and internationally.
6. Programs for individuals with restricted incomes: a group of instructional
courses designed for individuals living on a restricted income. These
individuals include the elderly, widows and widowers, unemployed or those
receiving financial aid from federal and state welfare agencies and
organizations. Each course offered in this classification must clearly
indicate that it is offered for restricted-income individuals, and enrollment
efforts must be directed to these individuals.
7. Environmental education: instructional courses designed to assist
individuals to understand the effect upon one's health and well-being of
environmental factors such as water supply, pollution control, food
contamination, air pollution, radiation exposure, and hazardous materials.
8. Consumer and homemaking adult education: instructional courses designed to
include instruction on child development, care and guidance; clothing and
textiles; consumer education; family/individual health; family living and
parenthood; food and nutrition; home management (including resource
management); and housing, home furnishing and equipment.
9. Adult vocational training/retraining education: individual vocational
courses, each complete in itself and designed for the specific purposes of
training persons for upgrading the skills of persons presently employed, and
retraining persons for new employment.
10. ABE/adult high school completion/ESL: includes adult basic
education, adult high school completion and English as a second
language.
The department of education shall review and provide a determination should a
question of eligibility occur.
"Eligible student" means a student enrolled in eligible credit or eligible
noncredit courses. Ineligible students include students enrolled in courses
that deal with recreation, hobbies, casual culture, or self-enjoyment subjects;
programs or contracts funded from 260E sources; students in high school
completion programs registered with a community college on or before the third
Friday in September, which are claimed for funding by a K-12 school district;
students registered as a part of the department of corrections contracts
through the state penal institutions; students served for the sole purpose of
testing; or students who reside in nursing homes. The department of education
shall review and provide a determination should a question of eligibility
occur.
"Enrollment," for the purposes of calculating the distribution of the
proportional share of state general aid, means full-time equivalent enrollment
(FTEE).
"Fiscal year" means a year beginning July 1 of a given calendar year and ending
June 30 of the next calendar year.
"Full-time equivalent enrollment (FTEE)" means that one FTEE equals 24 credit
hours for credit courses or 600 contact hours for noncredit courses generated
by all eligible students enrolled in eligible courses.
"Inflation rate" shall be calculated by determining the percent change in the
consumer price index for all urban consumers (CPI-U) as a percent change from
the value for the quarter ending June 30 twelve months prior to the beginning
of the base year to the value for the quarter ending June 30 prior to the base
year.
21.45(2) Moneys appropriated by the general assembly from the general
fund to the department of education for community college purposes for general
state financial aid for a fiscal year shall be allocated to each community
college by the department of education based on each community college's base
funding, the inflation rate, and the college's proportional share of the total
FTEE. The appropriations shall be allocated in the following manner and
sequence:
a. Base funding. The amount of general state financial aid each community
college received as an allocation from appropriations made from the state
general fund in the base year.
b. Inflation rate. After the base funding has been determined, a 2 percent
inflation increase shall be multiplied by each college's state aid allocation
from the base year.
c. If the increase in the total state general aid exceeds 2 percent, an amount
up to 1 percent shall be distributed based upon each college's most recently
determined proportional share of FTEE.
d. Additional inflation rate. If the inflation rate exceeds 2 percent and the
increase in total state aid permits, each community college's allocation shall
be increased until the inflation rate is satisfied.
e. Additional proportional share of total FTEE. If the increase in the total
state general aid exceeds the funds needed to meet the allocation requirements
in paragraphs "a" through "d" above, the remaining amount shall be distributed
based on each college's most recent proportional share of total FTEE.
If the total increase in total state general aid is equal to or less than 2
percent, the increase shall be distributed as inflation.
21.45(3) Program length for the associate of applied sciences (AAS)
degree in vocational-technical subjects and for the associate of applied arts
(AAA) degrees shall consist of an academic program being the equivalent of a
maximum of four semesters and two summer sessions of instruction. AAS and AAA
degree programs shall not exceed a maximum of 86 credit hours unless the
department of education has granted a waiver pursuant to 21.45(5).
21.45(4) All credit-bearing courses required for program admittance or
graduation, or both, must be included in the 86-credit-hour maximum, with the
exception of developmental credit hours. Prerequisites that provide an option
to students for credit or noncredit shall be counted toward the program maximum
of 86 credit hours. Noncredit prerequisites will not be counted toward the
86-credit-hour maximum.
21.45(5) AAS and AAA programs that receive accreditation from
nationally recognized accrediting bodies may appeal maximum credit-hour-length
requirements to the department of education for consideration of a waiver. All
AAS and AAA degree programs over the 86-semester-hour maximum must have
approved program-length waivers.
21.45(6) All credit certificate and diploma programs as defined in
subrule 21.2(10) shall not exceed 48 credit hours.
21.45(7) Each community college shall provide information in the manner
and form as determined by the department of education to implement this
chapter. If the community college fails to provide the information as
requested, the department shall estimate the FTEE of that college.
21.45(8) Each community college is required to complete and submit an
annual student enrollment audit to the department of education. Adjustments to
community college state general aid allocations shall be made based on student
enrollment audit outcomes.
This rule is intended to implement Iowa Code sections 260C.14(21) and
260C.49.
[Filed 9/16/98, effective 11/11/98]
[Published 10/7/98]
EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 10/7/98.
ARC 8373A
EDUCATION DEPARTMENT[281]
Adopted and Filed
Pursuant to the authority of Iowa Code section 256.7(5), the Iowa State Board
of Education hereby rescinds Chapter 44, "School Buses," Iowa Administrative
Code, and adopts a new Chapter 44 with the same title.
Notice of Intended Action was published in the Iowa Administrative Bulletin
June 17, 1998, as ARC 8073A. A public hearing was held on July 8, 1998,
followed immediately by a meeting of the Department of Education's School Bus
Construction Standards Advisory Committee. Due to the public comments received
and recommendations of the advisory committee, the following changes were made
in the chapter as published under Notice of Intended Action.
1. Subrule 44.3(2), paragraph "b," is amended to require all alternators having
a minimum output rating of 100 amperes to produce a minimum of 50 amperes at
engine idle speed.
2. Subrule 44.3(5), paragraph "b," is amended to clarify the applicability of
the subrule to specific vehicle types.
3. Subrule 44.3(6), paragraph "g," subparagraph (2), is amended to eliminate
the reference to the term "standard seating plan" as today's seating plan
options vary so widely among manufacturers based on user needs that a standard
seating plan reference is no longer relevant to the subrule.
4. Subrule 44.3(6), paragraph "h," subparagraph (3), is a technical amendment
clarifying application of the subrule to the mandatory installation of
"automatic" slack adjusters at all wheel positions on air brake-equipped
chassis.
5. Subrule 44.3(7), paragraph "d," is amended to establish a maximum gross
vehicle weight category below which a vehicle manufacturer may install its
standard or original equipment bumper.
6. Subrule 44.3(7), paragraph "f," is amended to require installation of tow
hooks based on GVWR rather than vehicle type. This more clearly defines which
chassis must be equipped with these devices.
7. Subrule 44.3(7), paragraph "h," has been deleted in its entirety as its
content is already referenced in subrule 44.3(11).
8. Subrule 44.3(11), paragraph "a," is amended to delete the reference to wheel
color. Wheel color is addressed in amended paragraph "b" of this subrule.
9. Subrule 44.3(11), paragraph "b," is amended, as per public comment, to
require specified wheel and rim colors on all school buses regardless of wheel,
rim or vehicle type.
10. Subrule 44.3(16), paragraph "c," is amended to correct an omission
permitting the chassis tailpipe to exit the rear of the bus body in addition to
exiting on the left side of the vehicle ahead of rear dual tires. The
requirement that a tailpipe downspout shall be installed, on a left-side
exhaust system, is eliminated and thereby made optional.
11. In subrule 44.3(16), a new paragraph "i" is added prohibiting the exhaust
system of a school bus from exiting the vehicle beneath a fuel fill, lift door
or emergency door.
12. Subrule 44.3(17), paragraph "e," is amended to apply only to the maximum
amount of force necessary to be applied by a driver to open the engine hood and
to require that the hood design include features to secure the hood in an open
position during engine inspection or maintenance.
13. Subrule 44.3(19), paragraph "e," is amended to require the equipment and
installation procedures used to power a motor vehicle engine with liquefied
natural gas (LNG), to comply with National Fire Protection Association Standard
57, "Liquefied Natural Gas Vehicular-Fueled Systems."
14. Subrule 44.3(19), paragraph "m," is amended by adding a statement requiring
discharge lines to be equipped with a flapper-valve or other device to prevent
the line from becoming clogged with foreign matter.
15. In subrule 44.3(19), a new paragraph "p" is added which prohibits the
installation of automatic engine shut-down systems on alternative fuel-equipped
engines.
16. Subrule 44.3(21), paragraph "b," is amended to delete the reference to the
installation of a tachometer as this requirement is already referenced in
revised subrule 44.3(25), paragraph "a," subparagraph (11).
17. Subrule 44.3(25), paragraph "a," subparagraph (11), is amended by removing
the application of the subrule only to those chassis equipped with rear engines
and instead requiring engine tachometers be provided as standard equipment by
manufacturers of all school bus chassis greater than 14,500 pounds GVWR.
18. In subrule 44.3(25), paragraph "b," the word "panel" is replaced with the
word "display" wherever it occurs, a correction in terminology consistent
within the automotive industry.
19. In subrule 44.3(25), paragraph "b," subparagraph (3), the word "gauge" is
replaced with the words "instrument display," a correction in terminology
consistent within the automotive industry.
20. Subrule 44.3(26), is amended to delete all references to oil filter
capacity and instead defer to the manufacturer's standard oil filter.
21. Subrule 44.3(31), paragraph "b," clarifies that either a parabolic or
taper-leaf-type spring system is acceptable on a school bus chassis.
22. In subrule 44.3(35), a new paragraph "i" is added which allows the
installation and use of tire pressure equalizing systems on dual rear wheel
chassis.
23. In subrule 44.3(35), a new paragraph "j" is added which permits the
installation and use of hopper-sanding or automatic traction chain systems on
school bus chassis.
24. Subrule 44.3(37), paragraph "c," is deleted in its entirety as per public
comment, and paragraph "d" becomes paragraph "c." Standard warranty
provisions applied to new transmissions at the time of purchase are now
sufficient, and product reliability has improved significantly.
25. Subrule 44.3(42) is deleted in its entirety as the rule to which it refers
is also being deleted as per public comment.
26. Subrule 44.4(3), paragraph "d," is amended by deleting the words "or
forward side" in the second sentence only. It is not necessary that a
fastening device be included on a forward hinged battery box door.
27. Subrule 44.4(4), paragraph "b," is amended to delete the words "wheelbase
minimums and maximums" from the first sentence and to replace them with the
words "approximate wheelbases as," and to change the table headings to the
following: first column heading, "Manufacturer's Seat Rows; second column
heading, "Rated Capacity"; and the third column heading, "Approximate
Wheelbases." These changes eliminate future design restrictions created when
specific minimum and maximum wheelbase measurements are stated.
28. In subrule 44.4(8), the cross reference to "Chains, tire" is changed to
subrule 44.3(35).
29. In subrule 44.4(9), the cross reference to "Color" is changed to subrule
44.3(11).
30. The language in subrule 44.4(10), paragraph "a," seen as design
restrictive, is deleted and is replaced by new language which eliminates
reference to specific types of construction materials. The new language
requires that construction materials be certified by the manufacturer to be
durable under normal operating conditions and comply with all federal motor
vehicle safety standards.
31. Subrule 44.4(13), paragraph "a," subparagraph (10), is amended to eliminate
design restrictive language and to clarify acceptable methods for attaching the
school bus service entry door to the school bus body.
32. Subrule 44.4(14), paragraph "a," is amended by deleting the word
"suspension" from the phrase "suspension seat" in the first sentence. Public
comments received recommended that this word be deleted, permitting the
purchaser of the school bus to determine the type of driver's seat to have
installed. A suspension seat is typically a more costly option.
33. Subrule 44.4(14), paragraph "d," is amended by eliminating design
restrictive language relating to the location, left or right, of the driver's
document-pouch compartment on the barrier behind the driver.
34. In subrule 44.4(15), paragraph "e," subparagraph (2), the first sentence is
amended to clarify the application of the stated first-aid kit requirements to
specified vehicle types rather than to vehicle capacity.
35. Subrule 44.4(15), paragraph "e," subparagraph (3), is amended by restating
the subrule's applicability based on the school bus types defined in rule
281--44.2(285). In addition, the item "1 pair rounded-end scissors" is deleted
from the list of items in a first-aid kit as this item is susceptible to
misplacement and vandalism and is considered to have little benefit in an
emergency situation.
36. Subrule 44.4(18) has been amended by changing its catchwords from "Heaters"
to "Heating and air conditioning."
37. Subrule 44.4(18), paragraph "d," subparagraph (3), is amended by deleting
the design restrictive requirement that "right and left front" heaters be
provided. The original language would have prohibited use of a single-heater
heating system by manufacturers even though a single heater was capable of
meeting established heater system performance criteria.
38. Subrule 44.4(18), paragraph "e," is amended by adding a second sentence to
the paragraph permitting Type A vehicles of less than 14,500 pounds GVWR to be
equipped with a rear heater system of at least 35,000 BTUs rather than the
80,000-BTU requirement for larger vehicles.
39. Subrule 44.4(18) is amended by adding a new paragraph "o" with numbered
subparagraphs (1) through (9) containing the language of paragraphs "a"
through "i" of subrule 44.8(1) in the Notice. This places heating and air
conditioning requirements within the same rule for ease of reference.
40. Subrule 44.4(19) is amended by changing the phrase "door hinges" to
"passenger-door hinges" in both the first and second sentences. With the
potential for multiple doors on a school bus, this addition clarifies the door
to which the subrule applies.
41. Subrule 44.4(20), paragraph "c," is amended by deleting the words "not more
than six inches" and "on the beltline of the bus" in the first sentence. This
change eliminates restrictive language as to the location of this lettering,
particularly in cases where structural ribbing on each side of the bus would
prohibit placement of the lettering within the area originally specified.
42. Subrule 44.4(20), paragraph "e," subparagraph (3), is amended by changing
the phrase "not less than 10 inches in height" to "not less than 24 inches in
length" in the second sentence. This change corrects the minimum size required
for bus numbers when placed on the roof of the school bus.
43. Subrule 44.4(20), paragraph "f," is amended by replacing the phrase
"1½-inch characters" with the phrase "2-inch characters." Two-inch
lettering is much easier to see and is a standard letter size.
44. Subrule 44.4(20), paragraph "i," is amended by replacing the words "STOP
WHEN YELLOW OR RED LIGHTS FLASH" with the words "UNLAWFUL TO PASS WHEN LIGHTS
FLASH." The replacement lettering more clearly represents the desired actions
of motorists following a school bus.
45. Subrule 44.4(22), paragraph "b," is amended to read, "Roof bows shall be
insulated in accordance with 44.4(22)"a." The original wording restricted
insulation to a particular type of roof bow whereas the intent of the subrule
is that any type of roof bow be insulated.
46. Subrule 44.4(24), paragraph "m," subparagraph (3), is deleted and
subparagraphs (4) and (5) are renumbered as (3) and (4). The change was
recommended to permit, when specified, wiring the roof-mounted strobe lamp
through the ignition switch.
47. Subrule 44.4(27), paragraph "b," is amended as per public comment by
deleting the words "on Type A-I, B, C, and D buses." It is intended that
insulation between the frame rail and body be required on all school buses;
therefore, reference to vehicle types is unnecessary.
48. Subrule 44.4(31) is amended by correcting the cross reference to read, "See
paragraph 44.4(39)."
49. Subrule 44.4(32) is amended as follows: "A public address system permitting
interior or exterior communication with passengers, or both types of
communication, may be installed." This will permit either internal or external
public address systems to be installed instead of requiring a system having
both internal and external features.
50. Subrule 44.4(34), paragraph "a," subparagraph (1), is amended by deleting
the words "requirements of FMVSS 571.131 Table 1" in the first sentence and
inserting in their place "Retroreflective Sheeting Daytime Color Specification
Proposal of Appendix B, 1995 National Standards for School Transportation,
Central Missouri State University, Humphreys Suite 201, Warrensburg, Missouri
64093." This is a reference correction.
51. Subrule 44.4(36), paragraph "b," is amended by deleting the third and
fourth sentences which read "The driver contact area of the cushion and seat
back shall be made of soil- and wear-resistant cloth material, nylon or
equivalent. The remainder of the seat may be of different material." The
change eliminates design restrictive language.
52. Subrule 44.4(36), paragraph "c," is amended by changing the verb "shall be
equipped" to "may be equipped" in the first sentence. As per public comment,
this permits a driver's air suspension seat on chassis equipped with air brakes
rather than a required seating system.
53. Subrule 44.4(38) is amended by adding a new paragraph "j" which refers to
the source of the industry's performance standard criteria for fire-blocking
upholstery material used on school bus seats and related installation
procedures.
54. Subrule 44.4(39) is amended by changing the catchwords to read "Passenger
securement seating system."
55. Subrule 44.4(39), paragraph "b," is amended by deleting the words "seat
belt" wherever found and inserting in their place the words "passenger
securement." The new language is more industry appropriate and less design
restrictive.
56. Subrule 44.4(39) is amended by adding new paragraph "d," which reads as
follows: "Children transported in child safety seats shall be secured to the
school bus seat according to the child safety seat manufacturer's
instructions." The new language is intended as instructional in nature and
ensures proper securement of child safety seats on school buses.
57. Subrule 44.4(43) is amended by adding new paragraph "i" which permits the
installation of a second stop signal arm at the left rear corner of a school
bus and specifies placement of lights and markings on this sign.
58. Subrule 44.4(43) is amended by adding new paragraph "j" which permits
replacement of the two double-faced, flashing lights in the stop arm with an
LED display of lights spelling out the word "STOP."
59. Subrule 44.4(44) is amended by deleting paragraph "c" in its entirety as
this paragraph was a duplication of the information provided in paragraph
"b."
60. Subrule 44.4(46) is amended by deleting paragraphs "a" and "b" and adding
the words "See subrule 44.3(16)" to the catchwords. The deleted language was a
duplication of that found in subrule 44.3(16).
61. Subrule 44.4(47) is amended by deleting the text of the subrule and adding
to the catchwords a cross reference: "See paragraph 44.3(7)"f." The deleted
language was a duplication of that found in subrule 44.3(7), paragraph "f."
62. Subrule 44.4(49), paragraph "a," subparagraph (1), is deleted and replaced
with the following: "(1) Meet the requirements of FMVSS 302, Flammability of
Interior Materials. This change corrects the reference to the applicable
flammability standard relating to vehicle interior materials.
63. Subrule 44.4(49), paragraph "b," is amended by adding language to the
second sentence prohibiting the obstruction of on-board trash containers to
include access to safety equipment.
64. Subrule 44.4(52), paragraph "a," is amended by changing the verb from
"shall be equipped" to "may be equipped" as per public comment. The change
permits but does not require the installation of a vandal lock system on school
buses.
65. Subrule 44.4(52), paragraph "b," subparagraph (1), is amended by adding a
sentence at the end which exempts application of this subparagraph to Type A
vehicles with a left-side driver's door. These vehicles are already equipped
with a door locking mechanism by the manufacturer.
66. Subrule 44.4(53), paragraph "a," is amended by adding to the first sentence
the requirement that the school bus ventilation system include one static,
nonclosing exhaust vent placed in the low-pressure area of the roof.
67. Subrule 44.4(53), paragraph "b," subparagraph (2), is deleted and
subparagraphs (3) through (5) are renumbered as (2) through (4). The content
of subparagraph (2) was moved to subrule 44.4(53), paragraph "a," to allow
optional placement of static roof vent either in a roof location or as part of
the ventilation/emergency escape hatch system.
68. Subrule 44.4(53), paragraph "c," subparagraph (1), changes the reference to
vehicle type from "A-II" to "A-I."
69. Subrule 44.4(53), paragraph "c," subparagraph (4), changes the reference to
vehicle type from "A-I" to "A-II."
70. Subrule 44.4(54), paragraph "b," is amended by adding language that would
permit the use of a material other than steel in the construction of school bus
body wheelhousings so long as the component performs equally to that of steel
when internal or external loading is applied.
71. Rule 281--44.5(285) as noticed has not been adopted, awaiting recently
announced federal guidelines relating to the transportation of infants,
toddlers, preschool children and children with disabilities. Former rule
281--44.4(285) is renumbered and adopted as new rule 281--44.5(285).
72. Rule 281--44.8(285) has not been adopted. As per public comment, the
permissive language contained in this rule has been included in other related
areas of the adopted rules.
73. Rule 281--44.9(285) has not been adopted. As per public comment, the
permissive language contained in this rule has been included in other related
areas of the adopted rules.
Except for the changes noted above, these rules are identical to those
published under Notice of Intended Action.
These rules will become effective November 11, 1998.
This chapter is intended to implement Iowa Code section 285.8.
The following chapter is adopted.
Rescind 281--Chapter 44 and adopt the following new
chapter:
CHAPTER 44
SCHOOL BUSES
281--44.1(285) Requirements for manufacturers. In order to protect
both the boards of education and manufacturers of school transportation
vehicles and equipment from misunderstanding and confusion, all manufacturers
shall provide equipment meeting all Iowa vehicle construction requirements
described in this chapter as well as all applicable federal motor vehicle
safety standards, which include but are not limited to the following:
101--Control location, identification, and illumination.
102--Transmission shift lever sequence, starter interlock, and transmission
braking effect.
103--Windshield defrosting and defogging systems.
104--Windshield wiping and washing systems.
105--Hydraulic braking systems.
106--Brake hoses.
107--Reflecting surfaces.
108--Lamps, reflective devices, and associated equipment.
109--New pneumatic tires.
110--Tire selection and rims.
111--Rearview mirrors.
113--Hood latch systems.
116--Motor vehicle brake fluids.
119--New pneumatic tires for vehicles other than passenger cars.
120--Tire selection and rims for motor vehicles other than passenger cars.
121--Air brake systems.
124--Accelerator control systems.
131--School bus pedestrian safety devices.
205--Glazing materials.
206--Door locks and door retention components.
207--Seating systems.
208--Occupant crash protection.
209--Seat belt assemblies.
210--Seat belt assembly anchorages.
217--Bus window retention and release.
219--Windshield zone intrusion for vehicles with a GVWR of 10,000 pounds or
less.
220--School bus rollover protection.
221--School bus body joint strength.
222--School bus passenger seating and crash protection.
301--Fuel system integrity.
302--Flammability of interior materials.
303--Fuel system integrity of compressed natural gas vehicles.
304--Compressed natural gas fuel container integrity.
281--44.2(285) School bus--type classifications.
44.2(1) Type A school bus is a conversion or body constructed upon a
van-type or cutaway front section vehicle with a left-side driver's door,
designed for carrying more than ten persons. This definition shall include two
classifications: Type A-I, with a gross vehicle weight rating (GVWR) over
10,000 pounds; and Type A-II, with a GVWR of 10,000 pounds or less.
44.2(2) Type B school bus is a conversion or body constructed and
installed upon a van or front-section vehicle chassis, or stripped chassis,
with a gross vehicle weight rating of more than 10,000 pounds, designed for
carrying more than ten persons. Part of the engine is beneath or behind the
windshield and beside the driver's seat. The entrance door is behind the front
wheels.
44.2(3) Type C school bus is a body installed upon a flat-back cowl
chassis with a gross vehicle weight rating of more than 10,000 pounds, designed
for carrying more than ten persons. All of the engine is in front of the
windshield, and the entrance door is behind the front wheels.
44.2(4) Type D school bus is a body installed upon a chassis with the
engine mounted in the front, middle, or rear with a gross vehicle weight rating
of more than 10,000 pounds, designed for carrying more than ten persons. The
engine may be behind the windshield and beside the driver's seat; it may be at
the rear of the bus, behind the rear wheels; or it may be midway between the
front and rear axles. The entrance door is ahead of the front wheels.
281--44.3(285) School bus chassis.
44.3(1) Air cleaner.
a. The engine air intake cleaning system shall be furnished and properly
installed by the chassis manufacturer to meet engine manufacturer's
specifications.
b. The intake air system for diesel engines shall have an air cleaner
restriction indicator properly installed by the chassis manufacturer to meet
engine specifications.
44.3(2) Alternator.
a. All Type A buses and Type B buses up to 15,000 pounds GVWR shall have a
minimum of a 60-ampere alternator.
b. Type A-I and Type B buses over 15,000 pounds GVWR and all Type C and Type D
buses shall be equipped with a heavy-duty truck or bus-type alternator meeting
SAE J 180, having a minimum output rating of 100 amperes and shall produce a
minimum of 50 amperes output at engine idle speed.
c. All buses equipped with an electrical power lift shall have a minimum of a
100-ampere alternator.
d. Direct-drive alternator is permissible in lieu of belt drive. Belt drive
shall be capable of handling the rated capacity of the alternator with no
detrimental effect on other driven components. Refer to School Bus
Manufacturers Technical Committee, School Bus Design Objectives, August 1996
edition, for estimating required alternator capacity.
44.3(3) Axles. The front and rear axle and suspension systems shall
have gross axle weight rating (GAWR) at ground commensurate with the respective
front and rear weight loads that will be imposed by the bus.
44.3(4) Backup warning alarm. A backup warning alarm shall be
installed on every school bus. Responsibility for installation of the alarm
shall rest with the school bus body manufacturer unless other arrangements have
been made between the body and chassis manufacturers. See also subrule
44.4(2).
44.3(5) Battery system.
a. A 12-volt battery system tested at 0 degrees Fahrenheit shall be provided
which meets or exceeds the following capacity ratings:
(1) Gasoline engines (greater than 10,000 pounds GVWR): 150 minutes reserve
and 500 cold cranking ampere capacity.
(2) Gasoline engines (10,000 pounds GVWR or less): 125 minutes reserve and 450
cold cranking ampere capacity.
(3) Diesel engines (all): 200 minutes reserve and 1,000 cold cranking ampere
capacity, or a cold cranking ampere capacity not less than the engine
manufacturer's minimum requirements, whichever is greater.
b. Since all batteries are to be secured in a sliding tray in the body, chassis
manufacturers shall temporarily mount the battery on the chassis frame. Type A
or B van conversion or cutaway front-section chassis may have the battery
located in the forward engine compartment beneath the hood or temporarily
mounted for final mounting in the body skirt by the body manufacturer. In
these cases, the final location of the battery and the appropriate cable
lengths shall be according to the SBMTC School Bus Design Objectives, August
1996 edition, or as mutually agreed upon by the chassis and body manufacturers.
In all cases, however, the battery cable provided with the chassis shall have
sufficient length to allow some slack.
44.3(6) Brakes.
a. The braking system shall include the service brake, an emergency brake that
is part of the service brake system and controlled by the service brake pedal,
and a parking brake meeting federal motor vehicle safety standards at date of
manufacture.
b. Buses using air or vacuum in the operation of the brake system shall be
equipped with warning signals readily audible and visible to the driver. The
signal shall give a continuous warning when the air pressure available in the
system for braking is 60 psi (pounds per square inch) or less or the vacuum in
the system available for braking is eight inches of mercury or less. An
illuminated gauge shall be provided that will indicate to the driver the air
pressure in pounds per square inch or the inches of mercury vacuum available
for the operation of the brakes.
c. Buses using a hydraulic-assist brake system shall be equipped with warning
signals readily audible and visible to the driver. The warning signal shall
provide continuous warning in the event of a loss of fluid flow from primary
source and in the event of discontinuity in that portion of the vehicle
electrical system that supplies power to the backup system.
d. Every brake system which employs air or vacuum shall include a reservoir of
the following capacity, where applicable, for brake operation:
(1) Vacuum-assist brake systems shall have a reservoir used exclusively for
brakes that shall adequately ensure a full stroke application so that loss in
vacuum shall not exceed 30 percent with the engine off. Brake systems on
gas-powered engines shall include suitable and convenient connections for the
installation of a separate vacuum reservoir.
(2) Any brake system with a dry reservoir shall be equipped with a check valve
or equivalent device to ensure that in the event of failure or leakage in its
connection to the source of compressed air or vacuum, the stored dry air or
vacuum shall not be depleted by the leakage or failure.
(3) Connection for auxiliary accessory reservoir. The brake system shall
include a suitable and convenient connection for installation of an auxiliary
air or vacuum reservoir by the body manufacturer.
e. All brake lines and booster assist lines shall be protected from excessive
heat, corrosion and vibration and shall be installed to prevent chafing.
f. All brake systems shall be designed to permit visual inspection of brake
lining wear without removal of any chassis components.
g. An air brake system is required on every chassis meeting one or more of the
following:
(1) Wheelbase equal to or greater than 274 inches.
(2) Designed seating capacity rating greater than 66 passengers. Designed
seating capacity, also known as manufacturer's seating capacity, is the actual
or theoretical passenger capacity of the vehicle if it were constructed with
the maximum number of seating positions.
h. An air brake system shall comply with the following system and component
designs:
(1) The system cannot be of wedge design.
(2) The system shall include an air dryer system, approved by the department of
education, having design features equal to or exceeding the Bendix Westinghouse
Model AD9. The system shall be self-purging and capable of removing oil, dirt,
and moisture. The dryer system shall also be equipped with a heater to prevent
the freezing of moisture within the system. All plumbing from air compressor
to input of air dryer or after-cooler shall provide soft flow bends not
producing sumps in the air compressor line having direct entry into the dryer.
An automatic moisture ejector or "spitter valve" does not meet the above
requirement.
(3) Automatic slack adjusters are required to be installed at all wheel
positions.
(4) The air compressor shall produce a minimum output of 12.0 cubic feet per
minute (CFM).
i. Vehicles with 10,000 pounds GVWR or less shall be equipped with a hydraulic,
dual-braking system of manufacturer's standard, with power assist.
j. Antilock brake systems for either air or hydraulic brakes shall include
control of all axles in compliance with Federal Motor Vehicle Safety Standard
(FMVSS) 105 or 121.
44.3(7) Front bumper.
a. All school buses shall be equipped with a front bumper. The chassis
manufacturer shall furnish the front bumper on all chassis unless there is a
specific arrangement between the chassis manufacturer and body manufacturer
that the body manufacturer will furnish the front bumper.
b. The bumper shall be not less than eight inches wide (high), except on Type D
buses where the front bumper shall be a minimum of nine inches wide (high).
c. The front bumper shall be of pressed steel channel or equivalent material of
sufficient structural and mounting strength to ensure that the front of the
vehicle may be lifted by means of an air bumper-type jack, without permanent
deformation of the bumper, bracketry, or chassis frame rail(s). The front
bumper, except breakaway bumper ends, shall be of sufficient strength to permit
pushing a vehicle of equal gross vehicle weight without permanent distortion to
the bumper, chassis, or body.
d. On Type A vehicles less than 14,500 pounds GVWR, the front bumper may be of
manufacturer's standard construction.
e. The bumper shall extend beyond the forward-most part of the body, grille,
hood, and fenders (flush-mounted bumpers are not acceptable) and shall extend
to the outer edges of the fenders at the bumper's top line. The bumper shall
be curved, beveled, or have other design features at each end to prevent
snagging or hooking and shall be bolted to the chassis frame so it can be
conveniently removed for maintenance.
f. Tow eyes or hooks are required on chassis of 14,500 pounds GVWR or greater.
All chassis shall be equipped with two tow eyes or hooks installed by the
chassis manufacturer so as not to project beyond the front bumper. Tow eyes or
hooks shall be attached to the chassis frame in accordance with the chassis
manufacturer's standards.
g. The bumper shall be designed or reinforced so that it will not deform when
the bus is lifted by a chain that is passed under the bumper (or through the
bumper if holes are provided for this purpose) and attached to both tow eyes.
For the purpose of meeting this standard, the bus shall be empty and positioned
on a level, hard surface and both tow eyes shall share the load equally.
44.3(8) Rear bumper. A rear bumper of manufacturer's standard
construction shall be provided by the chassis manufacturer on all Type A-II
chassis unless there is a specific arrangement between the chassis manufacturer
and body manufacturer that the body manufacturer will furnish the rear bumper.
The rear bumper shall be painted glossy black.
44.3(9) Certification, chassis. The chassis manufacturer will, upon
request, certify to the state agency having pupil transportation jurisdiction
that the product(s) meets minimum standards on items not covered by
certification issued under requirements of the National Traffic and Motor
Vehicle Safety Act.
44.3(10) Clutch.
a. Clutch torque capacity shall be equal to or greater than the engine torque
output.
b. A starter interlock shall be installed to prevent actuation of the starter
if the clutch is not depressed.
44.3(11) Color.
a. Chassis and front bumper shall be black. Body cowl, hood, and fenders shall
be national school bus yellow. The flat top surface of the hood may be
nonreflective national school bus yellow; black is not acceptable.
b. Wheels and rims shall be gray or black as received from the wheel
manufacturer.
c. The grille may be painted the manufacturer's standard color unless otherwise
specified.
d. On Type A-II chassis, wheels may be of the manufacturer's standard color.
44.3(12) Daytime running lights (DRL). Exterior headlamps and parking
lamps may be provided with a switch to operate automatically when the vehicle's
ignition is engaged. This switch, if furnished, shall not engage while the
starter is engaged. If this switch is designed to provide reduced illumination
under normal operating conditions, a means whereby the headlamps and parking
lamps can be engaged at full power shall be provided.
44.3(13) Defroster. See subrules 44.3(22) and 44.4(18).
44.3(14) Drive shaft. The drive shaft shall be protected by a metal
guard or guards around the circumference of the drive shaft to reduce the
possibility of its whipping through the floor or dropping to the ground if
broken.
44.3(15) Electrical system. See subrule 44.3(41).
44.3(16) Exhaust system.
a. The exhaust pipe, muffler and tailpipe shall be outside the bus body
compartment and attached to the chassis so as not to damage any other chassis
component.
b. The tailpipe shall be constructed of a corrosion-resistant tubing material
at least equal in strength and durability to 16-gauge steel tubing.
c. Chassis manufacturers shall furnish an exhaust system with tailpipe of
sufficient length to extend at least 5 inches beyond the end of the chassis
frame to the vertical line of the rear end of the body, but not beyond the rear
bumper. The exhaust may exit at the left side or rear of the bus body provided
that the exit is no more than 18 inches forward of the front edge of the rear
wheelhouse opening. If designed to exit to the left side of the bus, the
tailpipe shall extend at least 48.5 inches (51.5 inches if the body is to be
102 inches wide) outboard from the chassis centerline. Final positioning shall
result in the exhaust system's extending to, but not beyond, the body limits on
the left side of the bus.
d. On Type A-I chassis greater than 15,000 pounds GVWR, Type C and Type D
vehicles, the tailpipe shall not exit beneath a fuel fill or emergency door
exit.
e. On Type A-II and Type B chassis of 15,000 pounds GVWR or less, the tailpipe
may be furnished with the manufacturer's standard tailpipe configuration.
f. The exhaust system on a chassis shall be adequately insulated from the fuel
system.
g. The muffler shall be constructed of corrosion-resistant material.
h. The exhaust system on vehicles equipped with a power lift unit may be routed
to the left of the right frame rail to allow for the installation of a power
lift unit on the right side of the vehicle.
i. The tailpipe shall not exit beneath the fuel fill, lift door or emergency
door.
44.3(17) Fenders, front and hood. This subrule does not apply to Type
A-I, A-II or D vehicles.
a. The total spread of outer edges of front fenders, measured at the fender
line, shall exceed the total spread of front tires when the front wheels are in
the straight-ahead position.
b. Front fenders shall be properly braced and free from any body attachment.
c. Chassis sheet metal shall not extend beyond the rear face of the cowl.
d. Front fenders and hood may be of manufacturer's standard material and
construction.
e. The hood shall not require more than 20 pounds of force to open and shall
include design features to secure the hood in an open position.
44.3(18) Frame.
a. The frame or equivalent shall have design and strength characteristics
corresponding at least to standard practice for trucks of the same general load
characteristics which are used for highway service.
b. Any secondary manufacturer that modifies the original chassis frame shall
guarantee the performance of workmanship and materials resulting from such
modification.
c. Extensions of frame lengths are permissible only when alterations are behind
the rear hanger of the rear spring or in front of the front hanger of front
spring and shall not be for the purpose of extending the wheelbase.
d. Holes in top or bottom flanges or side units of the frame and welding to the
frame shall not be permitted except as provided or accepted by the chassis
manufacturer.
e. Frame lengths shall be provided in accordance with SBMTC School Bus Design
Objectives, August 1996 edition, except where body and chassis manufacturers
are the same or have established mutual design criteria for the vehicle.
44.3(19) Fuels, alternative. An alternative fuel is defined as propane
(LPG), compressed natural gas (CNG), liquefied natural gas (LNG), electricity,
hydrogen, methanol, ethanol, clean diesel and reformulated gasoline. Vehicles
that operate on an alternative fuel shall meet the following requirements:
a. Chassis shall meet all standards of this rule.
b. Chassis shall meet all applicable FMVSS standards including, but not limited
to, the fuel system integrity standards of FMVSS 301 or FMVSS 303 and FMVSS
304.
c. Original equipment manufacturers (OEMs) and conversion systems using
compressed natural gas (CNG) shall comply with NFPA Standard 52 "Compressed
Natural Gas Vehicular Fuel Systems" in effect at the time of installation.
Fuel systems using liquefied petroleum gas (LPG) shall comply with the NFPA
Standard 58 "Liquefied Petroleum Gases Engine Fuel Systems" in effect at the
time of installation.
d. All alternative fuel buses shall travel a loaded range of not less than 200
miles, except those powered by electricity which shall travel not less than 80
miles.
e. Liquefied natural gas (LNG)-powered buses shall comply with NFPA Standard
57, "Liquefied Natural GasVehicular-Fueled Systems" and be equipped with an
interior/exterior gas detection system. All natural gas-powered buses shall be
equipped with a fire detection and suppression system.
f. All materials and assemblies used to transfer or store alternative fuels
shall be installed outside the passenger/driver compartment.
g. All Type C and D buses using alternative fuel shall meet the same base
requirements of this rule for power and grade ability, i.e., at least one
published net horsepower per each 185 pounds of GVWR.
h. The total weight shall not exceed the GVWR when loaded to rated capacity.
i. The manufacturer supplying the alternative fuel equipment must provide the
owner and operator with adequate training and certification in fueling
procedures, scheduled maintenance, troubleshooting, and repair of alternative
fuel equipment.
j. All fueling equipment shall be designed specifically for fueling motor
vehicles and shall be certified by the manufacturer as meeting all applicable
federal, state and industry standards.
k. All on-board fuel supply containers shall meet all appropriate requirements
of the ASME code, the DOT regulations, or applicable FMVSS and NFPA
standards.
l. All fuel supply containers shall be securely mounted to withstand a static
force of eight times their weight in any direction.
m. All safety devices that may discharge to the atmosphere shall be vented to
the outside of the vehicle. The discharge line from the safety relief valve on
all school buses shall be located in a manner appropriate to the
characteristics of the alternative fuel. Discharge lines shall not pass
through the passenger compartment. Discharge lines shall be kept clear with
flapper-valve or other device which will allow low-pressure discharge but
prevent clogging by foreign matter or insects.
n. A positive, quick-acting (¼ turn), shut-off control valve shall be
installed in the gaseous fuel supply lines as close to the fuel supply
containers as possible. The controls for this valve shall be placed in a
location easily operable from the exterior of the vehicle. The location of the
valve control shall be clearly marked on the exterior surface of the bus.
o. A grounding system shall be required for grounding of the fuel system during
maintenance-related venting.
p. Automatic engine shut-down systems are not permissible.
44.3(20) Fuel system.
a. All fuel tanks, including auxiliary fuel tanks, fuel tank filler pipes, and
fuel tank connections shall conform to all applicable federal motor vehicle
safety standards at the date of manufacture and shall be installed in
accordance with SBMTC School Bus Design Objectives, August 1996 edition.
b. On all Type B, C, and D vehicles, the fuel tank shall conform to
Motor Carrier Safety Regulations, Section 393.67, paragraphs (c) through (f),
with reference to material and method of construction, leak testing and
certification. On Type A-I and A-II vehicles, the fuel tank may be of the
manufacturer's standard construction.
c. On chassis with a wheelbase greater than 170 inches, at least one fuel tank
of 60-gallon capacity shall be provided and installed by the manufacturer.
Chassis with a wheelbase of 170 inches or less shall be equipped with at least
one fuel tank of 30-gallon minimum capacity, as provided and installed by the
manufacturer.
d. Fuel tank(s) may be mounted between the chassis frame rails or outboard of
the frame rails on either the left or right side of the vehicle by the
manufacturer. Tanks shall be mounted directly to the chassis frame, filled,
and vented outside the body, in a location where accidental fuel spillage will
not drip or drain on any part of the exhaust system.
e. Fuel filtration shall be accomplished by means of the following:
(1) Gasoline-powered systems--one in-line fuel filter shall be installed
between the fuel tank and the engine.
(2) Diesel-powered systems--one engine-mounted fuel filter with water/fuel
separator shall be supplied and installed by the engine manufacturer.
f. The actual draw capacity of each fuel tank shall be 83 percent of the tank
capacity.
g. Unless specific agreement has been made between the body and chassis
manufacturers, fuel tanks and filler spouts shall not be located in spaces
restricted by SBMTC School Bus Design Objectives, 1996 edition.
44.3(21) Governor.
a. An engine governor is permissible and, where used, shall be set at the
manufacturer's recommended maximum engine speed. When it is desired to limit
road speed, a road speed governor shall be installed.
b. When the engine is remotely located from driver, the governor shall be set
to limit engine speed to the maximum revolutions per minute recommended by the
engine manufacturer.
44.3(22) Heating system.
a. The chassis engine shall have plugged openings for the purpose of supplying
hot water for the bus heating system. The openings shall be suitable for
attaching ¾-inch pipe thread/hose connector.
b. The engine shall be capable of supplying water having a temperature of at
least 170 degrees Fahrenheit at a flow rate of 50 pounds per minute at the
return end of 30 feet of one-inch inside-diameter automotive hot water heater
hose. Engine temperature performance shall be measured in accordance with the
School Bus Manufacturer's Technical Council Standard Number 001--Procedures for
Testing and Rating Automotive Bus Hot Water Heating and Ventilating Equipment,
July 1996.
c. For Type A-II vehicles with GVWR of 10,000 pounds or less, the chassis
manufacturer shall provide a fresh-air front heater and defroster of
recirculating hot water type. See also subrules 44.4(12) and 44.4(18).
44.3(23) Headlamps.
a. Buses shall be equipped with a minimum of two headlamps of proper intensity
and fuses or circuit breakers.
b. The headlamp switch shall be of adequate ampere capacity to carry the load
of the clearance and identification lamps in addition to the headlamps and tail
lamps since these will be activated by the same switch.
c. There shall be a manually operated switch for selection of high- or low-beam
distribution of the headlamps.
d. The headlight system must be wired separately from the body-controlled
solenoid.
e. Daytime running lights (DRL) are permissible in accordance with subrule
44.3(12).
44.3(24) Horn. Chassis shall be equipped with dual horns of standard
make. Each horn must be capable of producing a complex sound in a band of
audio frequencies between approximately 250 and 2,000 cycles per second and
shall be tested in accordance with Society of Automotive Engineers Standard
J377.
44.3(25) Instruments and instrument panel.
a. Chassis shall be equipped with an instrument panel having, as a minimum, the
following instrumentation: (Lights in lieu of gauges are not acceptable except
as noted.)
(1) Speedometer.
(2) Odometer with accrued mileage (to seven digits), including tenths of
miles.
(3) Voltmeter with graduated scale.
(4) Oil pressure gauge.
(5) Water temperature gauge.
(6) Fuel gauge.
(7) Upper-beam headlamp indicator.
(8) Air pressure or vacuum gauge, where air or vacuum brakes are used. A light
indicator in lieu of a gauge is permitted on vehicles equipped with
hydraulic-over-hydraulic brake system.
(9) Turn signal indicator.
(10) Glow-plug indicator light, where appropriate.
(11) Tachometer required on vehicles 14,500 pounds GVWR and greater.
b. Gauges shall be displayed as single-gauge installations or as gauges
contained in a multifunction instrument display. The multifunction instrument
display shall comply, as a minimum, with the following design criteria:
(1) The driver must be able to manually select any displayable function of the
gauge on a multifunction display whenever desired.
(2) Whenever an out-of-limits condition occurs, which would be displayed on one
or more functions of a multifunction gauge, the multifunction gauge controller
should automatically display this condition on the instrument cluster. This
should be in the form of an illuminated warning light as well as having the
multifunction gauge automatically display the out-of-limits indications.
Should two or more functions displayed on the multifunction gauge go out of
limits simultaneously, the multifunction gauge should automatically sequence
between those functions continuously until the condition(s) is corrected.
(3) The use of a multifunction instrument display does not relieve the
requirement of audible warning devices as required in this subrule.
c. All instruments shall be easily accessible for maintenance and repair.
d. Instruments and gauges shall be mounted on the instrument panel so each is
clearly visible to the driver in a normal seated position in accordance with
SBMTC School Bus Design Objectives, August 1996 edition.
e. The instrument panel shall have rheostatically controlled lamps of
sufficient candlepower to illuminate all instruments, gauges, and the shift
selector indicator for automatic transmission.
44.3(26) Oil filter. An oil filter with a replaceable element or
cartridge shall be of manufacturer's standard capacity and shall be connected
by flexible oil lines if it is not of built-in or engine-mounted design.
44.3(27) Openings. All openings in the floorboard or fire wall between
the chassis and passenger compartment, such as for gearshift selector and
parking brake lever, shall be sealed.
44.3(28) Passenger load.
a. Actual gross vehicle weight (GVW) is the sum of the chassis weight, plus the
body weight, plus the driver's weight, plus the total seated pupil weight.
(1) For purposes of calculation, the driver's weight is 150 pounds.
(2) For purposes of calculation, the pupil weight is 120 pounds per pupil.
b. Actual gross vehicle weight (GVW) shall not exceed the chassis
manufacturer's GVWR for the chassis, nor shall the actual weight carried on any
axle exceed the chassis manufacturer's GVWR.
44.3(29) Power and gradeability. GVWR shall not exceed 185 pounds per
published net horsepower of the engine at the manufacturer's recommended
maximum number of revolutions per minute.
44.3(30) Shock absorbers. Buses shall be equipped with double-action
shock absorbers compatible with manufacturer's rated axle capacity at each
wheel location.
44.3(31) Springs.
a. The capacity of springs or suspension assemblies shall be commensurate with
the chassis manufacturer's GVWR rating.
b. Steel leaf rear springs shall be a progressive rate or multistage design.
Front leaf springs shall have a stationary eye at one end and shall be
protected by a wrapped leaf in addition to the main leaf. Parabolic or
taper-leaf springs are acceptable.
44.3(32) Steering gear.
a. The steering gear shall be approved by the chassis manufacturer and designed
to ensure safe and accurate performance when the vehicle is operated with
maximum load and at maximum speed.
b. If external adjustments are required, the steering mechanism shall be
accessible.
c. No changes shall be made in the steering apparatus including addition of
spinners or knobs which are not approved by the chassis manufacturer.
d. There shall be a clearance of at least two inches between the steering wheel
and cowl, instrument panel, windshield, or any other surface.
e. Power steering is required and shall be of the integral type with integral
valves.
f. The steering system shall be designed to provide a means for lubrication of
all wear points, if wear points are not permanently lubricated.
g. Tilting and telescopic steering wheels are acceptable.
44.3(33) Sun shield. See subrule 44.4(45).
44.3(34) Throttle.
a. The force required to operate the throttle shall not exceed 16 pounds
throughout the full range of accelerator pedal travel.
b. A driver-operated, mechanical or electronic variable-speed hand throttle, or
a fast idle switch shall be provided on all Type C and D vehicles.
44.3(35) Tires and rims.
a. Tires and rims of the proper size and tires with a load rating commensurate
with the chassis manufacturer's gross vehicle weight rating shall be
provided.
b. Tires shall be of tubeless, steel-belted, radial (standard or low-profile)
construction.
c. Multipiece rims are prohibited.
d. Dual tires shall be provided on Type A-I, Type B, Type C, Type D vehicles
and on Type A-II school buses exceeding 80 inches in exterior body width.
e. All tires on a vehicle shall be of the same size, and the load range of the
tires shall meet or exceed the GVWR as required by FMVSS 120.
f. Spare tires are not required; however, if specified, the spare tire shall be
located outside the passenger compartment. The spare tire may not be attached
to any part of the rear portion of the body including the emergency door,
bumper or roof. If a tire carrier is required, it shall be suitably mounted in
an accessible location outside the passenger compartment.
g. Recapped tires are permissible as replacements on equipment now in operation
for use on rear wheels only, providing tires are guaranteed by the seller.
Recapped tires are not permissible where single rear wheels are used.
h. Tires, when measured on any two or more adjacent tread grooves, shall have a
tread groove pattern depth of at least 4/32 of an inch on the front wheels and
2/32 of an inch on the rear wheels. No measurement shall be made where tire
bars, humps, or fillets are located. On Type A-I and Type A-II buses with
single front and rear wheels, the tread groove pattern depth shall be at least
4/32 of an inch. Where specific measurement points are provided by the tire
manufacturer, they shall be utilized in determining tires approved for service.
This requirement also applies to buses now in service.
i. Tire pressure equalizing systems for dual rear wheels are acceptable.
j. Traction-assisting devices including hopper-sanders or automatic traction
chains may be installed.
44.3(36) Tow hooks. See subrule 44.3(7).
44.3(37) Transmission.
a. Automatic transmissions shall provide for not less than three forward speeds
and one reverse speed. The shift lever, if applicable, shall provide a detent
between each gear position when the gear selector quadrant and shift lever are
not steering column-mounted.
b. An electronic control or similar device shall be installed to ensure that
the automatic transmission cannot accidentally be moved out of the neutral or
park gear position.
c. In manual transmissions, second gear and higher shall be synchronized except
when incompatible with engine power. A minimum of three forward speeds and one
reverse speed shall be provided.
44.3(38) Turning radius.
a. A chassis with a wheelbase of 264 inches or less shall have a right and left
turning radius of not more than 42½ feet, curb-to-curb measurement.
b. A chassis with a wheelbase of 265 inches or more shall have a right and left
turning radius of not more than 44½ feet, curb-to-curb measurement.
44.3(39) Undercoating. Chassis manufacturers or their agents shall
coat the undersides of steel or metallic-constructed front fenders with a
rustproofing compound for which compound manufacturers have issued notarized
certification of compliance to the chassis builder that the compound meets or
exceeds all performance and qualitative requirements of Paragraph 3.4 of
Federal Specification TT-C-520B, using modified tests.
44.3(40) Windshield washer/wiper system.
a. On Type A-I vehicles, wet-arm-type windshield wipers and washer system shall
be provided by the chassis manufacturer. On Type A-II vehicles, the windshield
wiper/washer system shall be of the manufacturer's standards.
b. Windshield wipers shall be controlled by single-speed, two-speed or
variable-speed electric motor(s) meeting federal requirements at the date of
manufacture.
c. Wiper control(s) shall be located within easy reach of the driver and shall
be designed to move the blades from the driver's direct view when the wiper
control is in the "off" position.
d. Wiper blades and arms shall be heavy duty and of manufacturer's standard
length for the vehicle.
44.3(41) Wiring.
a. All wiring shall conform to current, applicable SAE-recommended
practices.
b. All wiring shall use a standard color or number coding system or a
combination of color and number. Each chassis shall be delivered with a wiring
diagram that illustrates the wiring of the chassis.
c. The chassis manufacturer shall install a readily accessible terminal strip
or plug on the body side of the cowl, or in an accessible location in the
engine compartment of vehicles designed without a cowl, that shall contain the
following terminals for the body connections:
(1) Main 100-amp body circuit.
(2) Tail lamps.
(3) Right turn signal.
(4) Left turn signal.
(5) Stop lamps.
(6) Backup lamps.
(7) Instrument panel lights (rheostat controlled by headlamp switch).
d. Circuits.
(1) An appropriate identifying diagram (coded by color or number or both) for
electrical circuits shall be provided to the body manufacturer for distribution
to the end user.
(2) The headlight system must be wired separately from the body-controlled
solenoid.
281--44.4(285) School bus body.
44.4(1) Aisle.
a. All emergency doors shall be accessible by a 12-inch minimum aisle. Aisles
shall be unobstructed at all times by any type of barrier, seat, wheelchair or
tiedown, unless a flip seat is installed and occupied. A flip seat in the
unoccupied (up) position shall not obstruct the 12-inch minimum aisle to any
side emergency door.
b. The seat backs shall be slanted sufficiently to give aisle clearance of 15
inches at the top of the seat backs.
44.4(2) Backup warning alarm. An automatic audible alarm shall be
installed behind the rear axle and shall comply with the published Backup Alarm
Standards (SAE 994), providing a minimum of 97 dBA for rubber-tired
vehicles.
44.4(3) Battery compartment.
a. Battery(ies) shall be furnished by the chassis manufacturer unless the body
manufacturer agrees to provide battery(ies).
b. Battery(ies) shall be mounted in the body skirt of the vehicle and shall be
accessible for convenient servicing from outside the bus. When the battery is
mounted as described in 281--44.3(285), the body manufacturer shall securely
attach the battery(ies) on a slide-out or swing-out tray with a safety stop to
prevent the battery(ies) from dropping to the ground at the outermost extremity
of tray travel.
c. The battery compartment shall have minimum dimensions of 25 inches wide, 14
inches deep, and 10 inches high.
d. The battery compartment door or cover shall be hinged at the top, bottom or
forward side of the door. When hinged at the top, a fastening device shall be
provided which will secure the door in an open position. The door or cover
over the compartment opening shall completely cover and, as completely as
practical, seal the opening and shall be secured by an adequate and
conveniently operated latch or other type fastener to prevent free leakage of
the battery contents into the passenger compartment should the vehicle
overturn.
e. The top surface area of the inside of the battery compartment (the area
likely to come into contact with battery electrical terminals as the result of
a blow to, and upward collapse of, the bottom of the battery box in the event
of an accident or other event) shall be covered with a rubber matting or other
impact-resistant nonconductive material. The matting shall be a minimum of
1/8-inch thick and cover the entire top inside surface of the battery box. The
matting shall be securely installed to maintain its position at all times.
f. The word "BATTERY" in 2-inch black letters shall be placed on the door
covering the battery opening.
44.4(4) Body sizes.
a. Type A vehicles may be purchased with manufacturer's standard seating
capacities when the chassis is manufactured with right- and left-side rear dual
tires.
b. Bodies for conventional body-on-chassis vehicles shall be limited to
approximate wheelbases as shown in the table for corresponding chassis. All
measurements are in inches. Measurements in the table do not apply to forward
control, transit or metropolitan vehicles and vehicles rated at 10,000 pounds
GVWR or less.
Manufacturer's Seat
Rows
|
Rated Capacity
|
Approximate Wheelbase
|
|
|
5
|
29-30
|
149
|
|
|
6
|
35-36
|
149
|
|
|
7
|
41-42
|
189
|
|
|
8
|
47-48
|
189
|
|
|
9
|
53-54
|
217
|
|
|
10
|
59-60
|
235
|
|
|
11
|
65-66
|
254
|
|
|
12
|
71-72
|
274
|
|
|
13
|
77-78
|
274
|
|
|
44.4(5) Front bumper.
a. On a Type D school bus, if the chassis manufacturer does not provide a
bumper, it shall be provided by the body manufacturer. The bumper will conform
to the standards of 281--44.3(285).
b. An optional energy-absorbing front bumper may be used, provided its design
incorporates a self-restoring,energy-absorbing system of sufficient strength
to:
(1) Push another vehicle of similar GVWR without permanent distortion to the
bumper, chassis, or body; and
(2) Withstand repeated impacts without damage to the bumper, chassis, or body
according to the following performance standards:
* 7.5 mph fixed-barrier impact (FMVSS cart and barrier test).
* 4.0 mph corner impact at 30 degrees (Part 581, CFR Title 49).
* 20.0 mph into parked passenger car (Type B, C, and D buses of 18,000 lb
GVWR or more).
(3) The manufacturer of the energy-absorbing system shall provide evidence of
conformance to the above standards from an approved test facility capable of
performing the above FMVSS tests.
44.4(6) Rear bumper.
a. The rear bumper shall be pressed steel channel or equivalent material, at
least 3/16-inch thick, and shall be a minimum of 8 inches wide (high) on Type
A-II vehicles and a minimum of 9½ inches wide (high) on Type A-I, B, C and
D buses and shall be of sufficient strength to permit being pushed by another
vehicle without permanent distortion. Type A-II vehicles with an overall body
width of 80 inches or less may be equipped with the manufacturer's standard
rear bumper.
b. The rear bumper shall be wrapped around the back corners of the bus. It
shall extend forward at least 12 inches, measured from the rear-most point of
the body at the floor line, and shall be flush-mounted to the body side or
protected with an end panel.
c. The rear bumper shall be attached to the chassis frame in such a manner that
it may be easily removed. It shall be braced so as to withstand impact from a
rear or side impact. It shall be attached so as to discourage hitching of
rides.
d. The bumper shall extend at least one inch beyond the rear-most part of body
surface measured at the floor line.
e. Additions or alterations to the rear bumper, including the installation of
trailer hitches, are prohibited.
f. An optional energy-absorbing rear bumper may be used, provided a
self-restoring, energy-absorbing bumper system attached to prevent the hitching
of rides is of sufficient strength to:
(1) Permit pushing by another vehicle without permanent distortion to the
bumper, chassis, or body.
(2) Withstand repeated impacts without damage to the bumper, chassis, or body
according to the following FMVSS performance standards:
* 2.0 mph fixed barrier impact (FMVSS cart and barrier test).
* 4.0 mph corner impact at 30 degrees (Part 581, CFR Title 49).
* 5.0 mph center impact (Part 581, CFR Title 49).
(3) The manufacturer of the energy-absorbing system shall provide evidence of
conformance to the above standards from an approved test facility capable of
performing the above FMVSS test.
44.4(7) Certification. The body manufacturer shall, upon request,
certify to the department of education that the manufacturer's product(s) meets
Iowa standards on items not covered by certification issued under requirements
of the National Traffic and Motor Vehicle Safety Act.
44.4(8) Chains, tire. See subrule 44.3(35).
44.4(9) Color. See also subrule 44.3(11).
a. The school bus body shall be painted national school bus yellow.
(See color standard, Appendix B, 1995 Nation-al Standards for School
Transportation, available fromMissouri Safety Center, Central Missouri State
University, Humphreys Suite 201, Warrensburg, Missouri 64093.)
b. The body exterior trim shall be painted glossy black, including the rear
bumper, exterior lettering, numbering, body trim, lamp hoods (if any), and
emergency door arrow. As an alternative, the rear bumper may be covered with a
black retroreflective material as described in subrule 44.4(34). When the bus
number is placed on the front or rear bumper, the number shall be yellow.
c. As an option, the roof of the bus may be painted white extending down to
within 6 inches above the drip rails on the sides of the body, except that
front and rear roof caps shall remain yellow.
44.4(10) Construction.
a. The school bus body shall be constructed of materials certified to be
durable under normal operating conditions and shall meet all applicable federal
motor vehicle safety standards at the date of manufacture as certified by the
bus body manufacturer.
b. Construction shall be reasonably dustproof and watertight.
c. Body joints present in that portion of the Type A-II school bus body
furnished exclusively by the body manufacturer shall conform to the performance
requirements of FMVSS 221. This does not include the body joints created when
body components are attached to components furnished by the chassis
manufacturer.
d. A flat floor system featuring no wheelwells and no step-up at the rear of
the passenger compartment may be used in accordance with the following:
(1) The inside height of the body shall remain at least 72 inches, when
measured in accordance with subrule 44.4(21) when this option is installed.
(2) If this option utilizes a raised floor that is stepped up behind the
driver's area, the forward edge of the aisle shall have a white stripe and be
labeled "Step Up" visible to passengers upon entering the aisle; and a label
"Step Down" shall be visible to passengers as they exit the aisle. Minimum
headroom of 72 inches shall be maintained at all times.
(3) A flat floor design shall provide for the additional option for a
track-mounted seating system using button-type (L track) and a wheelchair
securement system meeting Iowa specifications but mounting into the track of
the track-seating system. Aisle clearances shall be maintained in accordance
with these rules.
44.4(11) Crossing control arms.
a. Type A-I, B, and C school buses shall be equipped with a crossing control
arm mounted on the right side of the front bumper, which shall not open more
than 90 degrees. This requirement does not apply to Type A-II or Type D
vehicles having transit-style design features.
b. The crossing control arm shall incorporate a system of quick-disconnect
connectors (electrical, vacuum, or air) at the crossing control arm base unit
and shall be of sufficient length for connection to the control panel in the
driver's compartment or shall be easily removed to allow for towing of the
bus.
c. The crossing control arm shall meet or exceed SAE Standard J1133.
d. The crossing control arm shall be constructed of noncorrosive or nonferrous
material or treated in accordance with the body sheet metal standard. See
subrule 44.4(25).
e. There shall be no sharp edges or projections that could cause hazard or
injury to students.
f. The crossing control arm shall extend 72 inches from the front bumper when
in the extended position.
g. The crossing control arm shall extend simultaneously with the stop arm(s) by
means of the stop arm controls.
h. The crossing control arm system shall be designed to operate in extreme
weather conditions including freezing rain, snow and temperatures below 0
degrees Fahrenheit without malfunctioning. The crossing control arm itself
shall be constructed of a material that will prevent the arm from prematurely
extending or from failing to retract due to sustained wind or wind gusts of up
to 40 miles per hour.
i. The chassis bumper mounting bracket must be designed for the specific model
chassis on which it will be mounted to ensure that the unit mounts flush and
operates properly.
j. A pressure-sensitive reverse switch, or slip clutch, or similar device in
the base unit must be included to stop the cycle in the event the arm comes in
contact with an object or person.
k. A single, cycle-interrupt switch with automatic reset shall be installed in
the driver's compartment and shall be accessible to the driver from the
driver's seat.
44.4(12) Defrosters.
a. Defrosting and defogging equipment shall direct a sufficient flow of heated
air onto the windshield, the window to the left of the driver, and the glass in
the viewing area directly to the right of the driver to eliminate frost, fog
and snow.
b. The defrosting system shall conform to SAE Standards J381 and J382.
c. The defroster and defogging system shall be capable of furnishing heated
outside ambient air; however, the part of the system furnishing additional air
to the windshield, entrance door and step well may be of the recirculating air
type.
d. Auxiliary fans are required; however, they are not considered defrosting or
defogging systems. See also subrule 44.4(53).
e. Portable heaters shall not be used.
44.4(13) Doors and exits.
a. Service door.
(1) The service door shall be heavy-duty power or manually operated under the
control of the driver and shall be designed to afford easy release and prevent
accidental opening. When a hand lever is used, no parts shall come together to
shear or crush fingers. Manual door controls shall not require more than 25
pounds of force to operate at any point throughout the range of operation. A
power-operated door must provide for manual operation in case of power
failure.
(2) The service door shall be located on the right side of the bus opposite the
driver and within the driver's direct view.
(3) The service door shall have a minimum horizontal opening of 24 inches and a
minimum vertical opening of 68 inches. Type A-II vehicles shall have a minimum
opening of 1,200 square inches.
(4) The service door shall be of split, sedan, or jackknife type. (Split door
includes any sectioned door which divides and opens inward or outward.) If one
section of the split door opens inward and the other opens outward, the front
section shall open outward.
(5) Lower as well as upper panels shall be of approved safety glass. The
bottom of each lower glass panel shall not be more than 10 inches from the top
surface of the bottom step. The top of each upper glass panel shall not be
more than 3 inches from the top of the door. Type A vehicles shall have an
upper panel (windows) of safety glass with an area of at least 350 square
inches.
(6) The upper window panels of the service door shall be of insulated double
glass. This standard applies to all vehicles equipped with a service door as
described in 44.4(13)"a."
(7) Vertical closing edges on split or folding entrance doors shall be equipped
with flexible material to protect children's fingers. Type A-II vehicles may
be equipped with the chassis manufacturer's standard entrance door.
(8) There shall be no door to the left of the driver on Type B, C or D
vehicles. All Type A vehicles may be equipped with the chassis manufacturer's
standard door.
(9) All doors shall be equipped with padding at the top edge of each door
opening. Padding shall be at least 3 inches wide and 1 inch thick and shall
extend horizontally the full width of the door opening.
(10) Door hinges shall be secured to the body without the use of metal
screws.
(11) There shall be no grab handle installed on the exterior of the service
door.
(12) A door-locking mechanism may be installed in accordance with subrule
44.4(52).
b. Emergency doors.
(1) Emergency door(s) and other emergency exits shall comply with the
requirements of FMVSS 217 and any of the requirements of these rules that
exceed FMVSS 217.
(2) The upper portion of the emergency door shall be equipped with approved
safety glazing, the exposed area of which shall be at least 400 square inches.
The lower portion of the rear emergency doors on Type A-I, B, C and D vehicles
shall be equipped with a minimum of 350 square inches of approved safety
glazing.
(3) There shall be no steps leading to an emergency door.
(4) The words "EMERGENCY DOOR," in letters at least 2 inches high, shall be
placed at the top of or directly above the emergency door, or on the door in
the metalpanel above the top glass, both inside and outside the
bus.Pressure-sensitive markings or vinyl material is acceptable for this
lettering.
(5) The emergency door(s) shall be equipped with padding at the top edge of
each door opening. Padding shall be at least 3 inches wide and 1 inch thick
and shall extend the full width of the door opening.
(6) The side emergency door, if installed, must meet the requirements as set
forth in FMVSS 217, regardless of its use with any other combination of
emergency exits.
(7) There shall be no obstruction higher than ¼ inch across the bottom of
any emergency door opening.
(8) Vandal lock system may be installed in accordance with subrule 44.4(52).
c. Emergency exit requirements.
(1) An emergency exit may include either an emergency door or emergency
exit-type windows. Where emergency exit-type windows are used, they shall be
installed in pairs, one on each side of the bus. Type A, B, C, and D vehicles
shall be equipped with a total number of emergency exits as follows for the
indicated capacities of vehicles:
* 0 to 42 passenger = 1 emergency exit per side and 1 roof hatch.
* 43 to 78 passenger = 2 emergency exits per side and 2 roof hatches.
* 79 to 90 passenger = 3 emergency exits per side and 2 roof hatches.
These emergency exits are in addition to the rear emergency door or rear
pushout window/side emergency door combination required by FMVSS 217.
Additional emergency exits installed to meet the capacity-based requirements of
FMVSS 217 may be included to comprise the total number of exits specified. All
roof hatches shall have design features as specified in subrule 44.4(53).
(2) Side and rear emergency doors and each emergency window exit shall be
equipped with an audible warning device.
(3) Roof hatches may be equipped with an audible warning device.
44.4(14) Driver's compartment.
a. The driver's seat supplied by the body company shall be a high-back seat
with a minimum seat back adjustment of 15 degrees, not requiring the use of
tools, and with a head restraint to accommodate a 95th percentile adult male,
as defined in FMVSS 208. The driver's seat shall be secured with nuts, bolts,
and washers or flange-headed nuts.
b. The driver's seat positioning and range of adjustments shall be designed to
accommodate comfortable actuation of the foot control pedals by 95 percent of
the male and female adult population.
c. See also subrule 44.4(37).
d. A driver's document compartment or pouch shall be provided. The document
compartment or pouch shall measure at least 17 inches by 12 inches by 4 inches.
If a document pouch, rather than a covered compartment, is provided, it shall
be located on the barrier behind the driver. It shall be constructed of a
material of equal durability to that of the covering on the barrier and shall
have a lid or cover with a latching device to hold the cover or lid closed.
44.4(15) Emergency equipment.
a. All emergency equipment including first-aid kit, fire extinguisher
and triangular warning devices shall be located within the driver's
compartment.
b. Whenever the emergency equipment is mounted within an enclosed compartment,
the compartment shall be plainly labeled to indicate the location of
equipment.
c. All emergency equipment shall be securely mounted so that in the event the
bus is overturned, this equipment is held in place.
d. Fire extinguishers shall meet the following requirements:
(1) The bus shall be equipped with at least one five-pound capacity,
UL-approved, pressurized dry chemical fire extinguisher complete with hose.
The extinguisher shall be located in the driver's compartment readily
accessible to the driver and passengers and shall be mounted in a heavy-duty
automotive bracket so as to prevent accidental release in case of a crash or in
the event the bus overturns.
(2) A calibrated or marked gauge shall be mounted on the extinguisher to
indicate the amount of pressure in the extinguisher and shall be easily read
without moving the extinguisher from its mounted position. Plastic discharge
heads and related parts are not acceptable.
(3) The fire extinguisher shall have a total rating of 2A-10BC or greater. The
operating mechanism shall be sealed with a type of seal which will not
interfere with the use of the fire extinguisher.
(4) All fire extinguishers shall be inspected and maintained in accordance with
the National Fire Protection Association.
(5) Each extinguisher shall have a tag or label securely attached that
indicates the month and year the extinguisher received its last maintenance and
the identity of the person performing the service.
e. First-aid kit.
(1) The bus shall have a removable moistureproof and dustproof first-aid kit in
an accessible place in the driver's compartment. It shall be properly mounted
and identified as a first-aid kit. The location for the first-aid kit shall be
marked.
(2) Multipurpose and passenger-type vehicles used as school buses shall be
equipped with a ten-unit first-aid kit containing the following items:
1 1-inch adhesive compress.
1 2-inch bandage compress.
1 4-inch bandage compress.
1 3-inch 3-inch plain gauze pad.
1 gauze roller bandage (4-inch 5 yards).
1 plain absorbent gauze compress (2 piece, 18-inch 36-inch).
1 plain absorbent gauze compress (24-inch 72-inch).
2 triangular bandages.
1 wire splint (instant splints may be substituted).
(3) A first-aid kit containing the following items is required on all Type A,
B, C and D school buses:
2 1-inch 2½-yard adhesive tape rolls.
24 3-inch 3-inch sterile gauze pads.
100 ¾-inch 3-inch adhesive bandages.
12 2-inch bandage compresses.
12 3-inch bandage compresses.
2 2-inch 6-foot sterile gauze roller bandages.
2 40-inch 36-inch 54-inch nonsterile triangular bandages with two safety
pins.
3 36-inch 36-inch sterile gauze pads.
3 sterile eye pads.
1 pair latex gloves.
1 mouth-to-mouth airway.
f. Body fluid cleanup kit. Each bus shall be equipped with a disposable,
sealed body fluid cleanup kit in a disposable container which includes the
following items:
(1) An EPA-registered liquid germicide (tuberculocidal) disinfectant;
(2) A fully disposable wiping cloth;
(3) A water-resistant spatula;
(4) Step-by-step directions;
(5) Absorbent material with odor counteractant;
(6) Two pairs of gloves (latex);
(7) One package towelettes;
(8) A discard bag (nonlabeled paper bag with a plastic liner and a twist tie).
This bag shall be approximately 4 inches by 6 inches by 14 inches, and shall be
of a nonsafety color (i.e., the bag shall not be red, orange, or yellow). The
kit shall be mounted by a method that will retain it in place during normal
school bus operation and shall be removable without the use of tools. The kit
container shall be sealed with a breakable, nonreusable seal and must be
accessible to the driver.
g. Triangular warning devices. Each school bus shall contain at least three
reflectorized triangle road warning devices mounted in an accessible place.
These devices must meet requirements in FMVSS 125.
h. Emergency equipment may be mounted in an enclosed compartment provided the
compartment is labeled in not less than one-inch letters, stating the piece(s)
of equipment contained therein.
44.4(16) Floor insulation and covering.
a. The floor structure of Type A-I, B, C and D school buses shall be covered
with an insulating layer of either a 5-ply nominal 5/8-inch-thick plywood, or a
material of equal or greater strength and insulation R-value, having properties
equal to or exceeding exterior-type softwood plywood, C-D grade as specified in
standards issued by the United States Department of Commerce. All edges shall
be sealed.
b. Type A-II buses may be equipped with nominal ½-inch-thick plywood
meeting the above requirements.
c. The floor in the under-seat area, including tops of wheelhousing, driver's
compartment and toeboard, shall be covered with rubber floor covering or the
equivalent, having a minimum overall thickness of 0.125 inch. The floor
covering of the driver's area on all Type A buses may be the manufacturer's
standard flooring and floor covering.
d. The floor covering in aisles shall be of aisle-type rubber or equivalent and
shall be wear-resistant and ribbed. Minimum overall thickness shall be 0.187
inch measured from tops of ribs.
e. Floor covering must be permanently bonded to the floor and must not crack
when subjected to sudden changes in temperature. Bonding or adhesive material
shall be waterproof and shall be of a type recommended by the manufacturer of
the floor-covering material. All seams must be sealed with waterproof
sealer.
f. On Type A-I, B, C and D buses, access to the fuel tank sending unit shall be
provided. Any access opening in the body shall be capable of being sealed with
a screw-down plate from within the body.
g. Cove molding shall be used along the sidewalls and rear corners. All joints
or seams in the floor covering shall be covered with nonferrous metal stripping
or stripping constructed of material exhibiting equal durability and sealing
qualities.
44.4(17) Fuel fill opening and cover. Where an opening in the school
bus body skirt is needed for access to the fuel fill cap, the opening shall be
large enough to permit filling the fuel tank without the need for special fuel
nozzle adapters, a funnel, or other device. The opening shall be equipped with
a forward hinged cover held closed by a spring or other conveniently operated
device.
44.4(18) Heating and air conditioning.
a. Each heater shall be hot-water or combustion type.
b. If only one heater is used, it shall be a fresh-air or combination fresh-air
and recirculation type.
c. If more than one heater is used, additional heaters may be recirculating air
type.
d. Front heaters are required based on the following vehicle types:
(1) Type A vehicles shall be equipped with front heaters of manufacturer's
standard design.
(2) Type B and C vehicles shall be equipped with one left front heater of
fresh-air or combination fresh-air and recirculating type and one right front
heater of recirculating type.
(3) Type D vehicles shall be equipped with a front heating system having a
rating of at least 90,000 BTUs capable of heating the right and left sides of
the driver compartment forward of the passenger seating area.
e. At least one heater, or a combination of heaters with a combined rating of
80,000 BTUs, shall be of the recirculating type and shall be located rear of
the wheel well. Type A vehicles less than 14,500 pounds GVWR shall be equipped
with a minimum combined heater rating of 35,000 BTUs.
f. The heating system shall be capable of maintaining bus interior temperatures
as specified in SAE test procedure J2233.
g. Auxiliary fuel-fired heating systems are permitted, provided they comply
with the following:
(1) The auxiliary heating system shall utilize the same type of fuel as
specified for the vehicle engine.
(2) Heater(s) may be direct hot air or connected to the engine's coolant
system.
(3) An auxiliary heating system, when connected to the engine's coolant system,
may be used to preheat the engine coolant or preheat and add supplementary heat
to the bus's heating system.
(4) Auxiliary heating systems must be installed pursuant to the manufacturer's
recommendations and shall not direct exhaust in a manner that will endanger bus
passengers.
(5) Auxiliary heating systems which operate on diesel fuel shall be capable of
operating on #1, #2 or blended diesel fuel without the need for system
adjustment.
(6) The auxiliary heating system shall be low voltage.
(7) Auxiliary heating systems shall comply with all applicable federal motor
vehicle safety standards including FMVSS 301 as well as SAE test procedures.
h. All heaters installed by body manufacturers shall bear a nameplate that
indicates the heater rating in accordance with the School Bus Manufacturers
Technical Committee's "SBMTC-001 Procedure for Testing and Rating Automotive
Bus Hot Water Heating and Ventilating Equipment, July 1996," National
Association of State Directors of Pupil Transportation Services, 116 Howe
Drive, Dover, Delaware 19901. The plate shall be affixed by the heater
manufacturer and shall constitute certification that the heater performance is
as shown on the plate.
i. Heater hoses shall be adequately supported to guard against excessive wear
due to vibration. The hoses shall not dangle or rub against the chassis or any
sharp edges and shall not interfere with or restrict the operation of any
engine function. Heater hoses shall conform to SAE Standard J20c. Heater
lines on the interior of the bus shall be shielded to prevent scalding of the
driver or passengers.
j. Each hot water system installed by a body manufacturer shall include one
shut-off valve in the pressure line and one shut-off valve in the return line
with both valves at the engine in an accessible location, except that on all
Type A and B buses, the valves may be installed in another accessible
location.
k. There shall be a water flow regulating valve installed in the pressure line
for convenient operation by the driver while seated.
l. All combustion heaters shall be in compliance with federal motor carrier
safety regulations.
m. Accessible bleeder valves shall be installed in an appropriate place in the
return lines of body company-installed heaters to remove air from the heater
lines.
n. Access panels shall be provided to make heater motors, cores, and fans
readily accessible for service. An outside access panel may be provided for
the driver's heater.
o. Air-conditioning systems may be installed in accordance with the
following:
(1) Evaporator cases, lines and ducting (as equipped) shall be designed so that
all condensation is effectively drained to the exterior of the bus below floor
level under all conditions of vehicle movement without leakage on any interior
portion of the bus.
(2) Any evaporator or ducting system shall be designed and installed so as to
be free of injury-producing projections or sharp edges. Installation shall not
reduce compliance with any federal motor vehicle safety standard applicable to
the school bus. Ductwork shall be installed so that exposed edges face the
front of the bus and do not present sharp edges.
(3) Any evaporators used must be copper-cored (aluminum or copper fins
acceptable), except that the front evaporator, if provided by a Type A chassis
manufacturer, may be aluminum-cored.
(4) Air intake for any evaporator assembly(ies) except for the front evaporator
of a Type A bus shall be equipped with replaceable air filter(s) accessible
without disassembly of the evaporator case.
(5) On buses equipped for the transportation of persons with disabilities, the
evaporator and ducting shall be placed high enough so that they will not
obstruct existing or potential occupant securement shoulder strap upper
attachment points. This clearance shall be provided along the entire length of
the passenger area on both sides of the bus interior to allow for potential
retrofitting of new wheelchair positions and occupant securement devices
throughout the bus.
(6) The total system shall be warranted, including parts and labor, for at
least two years and shall include, but not be limited to, compressor mounting
bracketry and hardware and any belts which, directly or indirectly, drive the
compressor(s). Air-conditioning compressor applications must be approved in
writing by the chassis engine manufacturer, stating that the installations will
not void or reduce the engine manufacturer's warranty or extended service
coverage liabilities in any way.
(7) All components requiring periodic servicing must be readily accessible for
servicing.
(8) Parts and service manuals shall be provided for the entire system
including, but not limited to, compressor(s), wiring (includes wiring diagram),
evaporators, condensers, controls, hoses and lines.
(9) Electrical requirements for the air-conditioning system shall be provided
to the customer prior to vehicle purchase or, in the case of an after-purchase
installation, prior to installing the air-conditioning system to ensure that
adequate electrical demands imposed by the air-conditioning system are capable
of being met.
44.4(19) Hinges. All exposed metal passenger-door hinges subject to
corrosion shall be designed to allow lubrication. All passenger-door hinges
shall be securely bolted to the bus body. Metal screws are not acceptable.
44.4(20) Identification.
a. The body shall bear the words "SCHOOL BUS" in black letters at least eight
inches high on both front and rear of the body or on attached signs. The
lettering shall be placed as high as possible without impairment of its
visibility. The lettering shall conform to Series B of Standard Alphabets of
Highway Signs. "SCHOOL BUS" lettering shall have a reflective background or,
as an option, may be illuminated by backlighting.
b. The bus, whether school-owned or privately owned, shall have displayed at
the beltline on each side of the vehicle the official name of the school in
black standard unshaded letters at least five inches, but not more than seven
inches high.
Examples:
(1) Blank community school district.
(2) Blank independent school district.
(3) Blank consolidated school district.
If there is insufficient space due to the length of the name of the school
district, the words community, independent, consolidated, and district may be
abbreviated. If, after these abbreviations, there is still insufficient space
available, the words "community school district" may be replaced by the
uppercase letters "CSD" upon prior approval by the school transportation
consultant of the Iowa department of education.
c. The incorporated names of cities located within an officially reorganized
school district may be placed on either side of the bus in a single line
situated beneath the official school district name. The lettering shall not
exceed two inches in height and shall be black. This paragraph shall apply
only when the names of the cities are not included in the official school
district name on the beltline.
d. The words "RATED CAPACITY," along with the appropriate number indicating the
rated pupil seating capacity of the bus, shall be printed to the left of the
entrance door, at least six inches below the name of the school district and on
the bulkhead of the bus above the right windshield. The letters shall be black
in color and at least two inches in height. The word "CAPACITY" may be
abbreviated and shown as "CAP." where necessary.
e. The number of the bus shall be printed in not less than 5-inch or more than
8-inch black letters, except as otherwise noted in this subrule, and shall be
displayed on both sides, the front and the rear of the bus. The location of
the bus number is at the discretion of the vehicle owner except that the
number:
(1) Shall be located to the rear of the service door not more than 36 inches
from the ground on the right side of the bus and at the same respective
position on the left side of the bus.
(2) Shall be yellow if located on either the front or rear bumper.
(3) May be placed on the roof of the bus at a position representing the
approximate lateral and longitudinal midpoint of the bus. The bus number shall
be black and shall measure not less than 24 inches in length.
(4) Shall not be located on the same line as the name of the school district on
either side of the bus, on the emergency door, or in a location that will
interfere with the words "SCHOOL BUS."
f. Buses privately owned by individuals or a company shall also bear the name
of the owner, followed by the word "OWNER" in not more than 2-inch characters
printed approximately six inches below the bus capacity on the right side of
the bus.
g. Symbols, characters or letters, for the purpose of vehicle or route
identification by students, may be displayed in the lower, split-sash, glass
portion of the third passenger window from the front on the service entrance
side of the bus. Such symbols, characters or lettering, if used, shall not
exceed 36 square inches. This requirement applies to all school buses
regardless of date of purchase.
h. Symbols identifying the bus as equipped for or transporting students with
special needs may be displayed. See subrule 44.5(7).
i. The words "UNLAWFUL TO PASS WHEN LIGHTS FLASH" shall be displayed on the
rear emergency door of the bus between the upper and lower window glass
sections. The letters shall be black and not less than six inches in height.
If there is not sufficient space on the emergency door, letter size may be
reduced upon approval of the department of education.
j. Pressure-sensitive markings of vinyl material may be used for the above
lettering in lieu of painting.
k. Any lettering, including the name of the school's athletic team(s), numbers,
drawings, bumper stickers or characters other than the bus manufacturer's
registered trademarks or those specifically noted in paragraphs "a" through "j"
above are prohibited.
44.4(21) Inside height. Inside body height shall be 72 inches or more,
measured metal to metal, at any point on the longitudinal centerline from the
front vertical bow to the rear vertical bow. Inside body height of Type A-II
buses shall be 62 inches or more.
44.4(22) Insulation.
a. Thermal insulation in the ceiling and walls shall be fire-resistant,
UL-approved, and approximately 1½-inch thick with a minimum R-value of
5.5. Insulation shall be installed to prevent sagging.
b. Roof bows shall be insulated in accordance with 44.4(22)"a."
44.4(23) Interior.
a. The interior of the bus shall be free of all unnecessary projections,
including luggage racks and attendant handrails, to minimize the potential for
injury. This standard requires inner lining on ceilings and walls. If the
ceiling is constructed to contain lapped joints, the forward panel shall be
lapped by the rear panel and exposed edges shall be beaded, hemmed, flanged, or
otherwise treated to minimize sharp edges. Buses may be equipped with a
storage compartment for tools, tire chains, and tow chains. See also subrule
44.4(44).
b. Radio speakers are permitted in the passenger compartment area only. No
radio speaker, other than that which is necessary for use with two-way
communication equipment, shall be located within the driver's compartment area.
All radio speakers shall be flush-mounted with the roof or side panels and
shall be free of sharp edges which could cause injury to a child.
c. The driver's area forward of the foremost padded barriers shall permit the
mounting of required safety equipment and vehicle operation equipment.
d. Every school bus shall be constructed so that the noise level taken at the
ear of the occupant nearest to the primary vehicle noise source shall not
exceed 85 dBA when tested according to the procedure found in Appendix B,
National Standards for School Buses and School Bus Operations, 1995 Revised
Edition, Missouri Safety Center, Central Missouri State University, Humphreys
Suite 201, Warrensburg, Missouri 64093.
e. An access panel must be provided, front and rear, so lights and wiring for
the 8-light warning system may be repaired or serviced without removing ceiling
panels.
f. Ceiling material designed to reduce noise within the driver compartment or
passenger compartment may be installed by the manufacturer.
44.4(24) Lamps and signals.
a. All lamps and lamp components shall meet or exceed applicable standards
established by the Society of Automotive Engineers (SAE) and the American
Association of Motor Vehicle Administrators (AAMVA).
b. Clearance lamps. The body shall be equipped with two amber lamps at
the front and two red clearance lamps at the rear mounted at the highest and
widest portion of the body.
c. Identification lamps. The bus shall be equipped with three amber
identification lamps on the front and three red identification lamps on the
rear. Each group shall be evenly spaced not less than 6 or more than 12 inches
apart along a horizontal line near the top of the vehicle.
d. Intermediate side marker lamps. On all buses over 30 feet long, one
amber side lamp is required on each side, located midway between the front and
rear clearance lamps.
e. Stop/tail (brake) lamps. Buses shall be equipped with four
combination, red, stop/tail lamps meeting SAE specifications. Each lamp shall
have double filament lamp bulbs that are connected to the headlamp and
brake-operated stop lamp circuits. These should be positioned as follows:
(1) Two combination lamps with a minimum diameter of 7 inches or, if a shape
other than round, a minimum of 38 square inches of illuminated area shall be
mounted on the rear of the bus just to the inside of the turn signal lamps.
(2) Two combination lamps with a minimum diameter of 4 inches or, if a shape
other than round, a minimum of 12 square inches of illuminated area shall be
placed on the rear of the body between the beltline and the floor line. The
rear license plate lamp may be combined with one lower tail lamp. Stop lamps
shall be activated by the service brakes and shall emit a steady light when
illuminated. Type A-II buses with bodies supplied by the chassis manufacturer
may have the manufacturer's standard stop and tail lamps.
f. Items described in paragraphs "b," "c," "d," and "e" shall be
connected to the headlamp switch.
g. Backup lamps. The bus body shall be equipped with two white rear backup
lamps. Type A vehicles shall be equipped with lamps at least 4 inches in
diameter or, if a shape other than round, a minimum of 13 square inches of
illuminated area. Type B, C and D vehicles shall be equipped with lamps of at
least 7-inch diameter or of equal surface area if a shape other than round.
All lamps shall have a white or clear lens and shall meet SAE specifications.
If backup lamps are placed on the same line as the brake lamps and turn signal
lamps, they shall be to the inside.
h. Interior lamps. Interior lamps shall be provided which adequately
illuminate the interior aisle and the step well. Step well lights shall be
illuminated by a service door-operated switch, to illuminate only when
headlights and clearance lights are on and the service door is open. In
addition, the following interior lamps shall be provided:
(1) Supervisor's light. The rearmost ceiling light or a separate light may be
used as a supervisor's light and shall be activated by a separate switch
controlled by the driver.
(2) Driver's area dome light. This light shall have a separate switch
controlled by the driver and shall illuminate the driver's compartment area.
(3) Body instrument panel lights shall be controlled by an independent rheostat
switch.
(4) On buses equipped with a monitor for the front and rear lamps of the school
bus, the monitor shall be mounted in full view of the driver. If the full
circuit current passes through the monitor, each circuit shall be protected by
a fuse or circuit breaker against any short circuit or intermittent shorts.
i. License plate lamp. The bus shall be equipped with a rear license plate
illuminator. This lamp may be combined with one of the tail lamps.
j. Reflectors. Reflectors shall be securely attached to the body with
sheet metal screws or other method having equivalent securement properties and
installed in accordance with the requirements of FMVSS 108; however, the
vehicle shall, as a minimum, be equipped with the following:
(1) Two amber reflectors, one on each side at the lower front and corner of the
body approximately at floor level and back of the door on the right side, and
at a similar location on the left side. For all buses over 30 feet long, an
additional amber reflector is required on each side at or near the midpoint
between the front and rear side reflectors.
(2) Four red reflectors, one at each side at or near the rear and two on the
rear, one at each side.
(3) Reflectors are to be mounted at a height not more than 42 inches or less
than 30 inches above the ground on which the vehicle stands.
k. Warning signal lamps.
(1) Buses shall be equipped with two red lamps at the rear of the vehicle and
two red lamps at the front of the vehicle.
(2) In addition to the four red lamps described above, four amber lamps shall
be installed so that one amber lamp is located near each red signal lamp, at
the same level, but closer to the vertical centerline of the bus. The system
of red and amber signal lamps shall be wired so that amber lampsare energized
manually and the red lamps are automaticallyenergized, with amber lamps being
automatically de-energized, when the stop signal arm is extended or when the
bus service door is opened. An amber pilot light and a red pilot light shall
be installed adjacent to the driver controls for the flashing signal lamp to
indicate to the driver which lamp system is activated.
(3) The area around the lens of each alternately flashing signal lamp and
extending outward approximately 3 inches shall be black. In installations
where there is no flat vertical portion of body immediately surrounding the
entire lens of the lamp, there shall be a circular or square band of black
approximately 3 inches wide, immediately below and to both sides of the lens,
on the body or roof area against which the signal lamp is seen from a distance
of 500 feet along the axis of the vehicle. Black visors or hoods, with a
minimum depth of 4 inches, may be provided.
(4) Red lamps shall flash at any time the stop signal arm is extended.
(5) All flashers for alternately flashing red and amber signal lamps shall be
enclosed in the body in a readily accessible location.
(6) Strobe lights are permissible.
l. Turn signal lamps.
(1) The bus body shall be equipped with amber rear turn signal lamps that meet
SAE specifications and are at least 7 inches in diameter or, if a shape other
than round, a minimum of 38 square inches of illuminated area. These signal
lamps must be connected to the chassis hazard warning switch to cause
simultaneous flashing of turning signal lamps when needed as a vehicular
traffic hazard warning. Turn signal lamps are to be placed as far apart as
practical and their centerline shall be approximately 8 inches below the rear
window. Type A-II conversion vehicle lamps must be at least 21 square inches
in lens area and in the manufacturer's standard color.
(2) Buses shall be equipped with amber side-mounted turn signal lights. The
turn signal lamp on the left side shall be mounted rearward of the stop signal
arm and the turn signal lamp on the right side shall be mounted rearward of the
service door.
m. A white flashing strobe light rated for outdoor use and weather-sealed shall
be installed on the roof of the bus not less than one foot or more than ten
feet from the rear center of the bus. The strobe light shall be located to the
rear of the rearmost emergency roof hatch to prevent the roof hatch from
diminishing the effectiveness of the strobe light. In addition:
(1) The strobe light shall have a single clear lens emitting light 360 degrees
around its vertical axis and may not extend above the roof more than the
maximum legal height.
(2) The strobe light must be controlled by a separate switch with an indicator
light which when lit will indicate that the strobe light is turned on.
(3) The light shall be used only in fog, rain, snow, or at times when
visibility is restricted.
(4) Each model strobe shall be approved by the motor vehicle division, Iowa
department of transportation.
44.4(25) Metal treatment.
a. All metal used in construction of the bus body shall be zinc-coated or
aluminum-coated or be treated by an equivalent process before the bus is
constructed. Included are such items as structural members, inside and outside
panels, door panels and floor sills. Excluded are such items as door handles,
grab handles, interior decorative parts and other interior plated parts.
b. All metal parts that will be painted shall be, in addition to above
requirements, chemically cleaned, etched, zinc-phosphate coated and
zinc-chromate or epoxy primed or conditioned by an equivalent process.
c. In providing for these requirements, particular attention shall be given
lapped surfaces, welded connections of structural members, cut edges, punched
or drilled hole areas in sheet metal, closed or box sections, unvented or
undrained areas, and surfaces subjected to abrasion during vehicle
operation.
d. As evidence that the above requirements have been met, samples of materials
and sections used in construction of the bus body subjected to a 1,000-hour
salt spray test as provided for in the latest revision of ASTM Standard B-117
shall not lose more than 10 percent of material by weight.
44.4(26) Mirrors.
a. The interior mirror shall be either clear view laminated glass or clear view
glass bonded to a backing that retains the glass in the event of breakage. The
mirror shall have rounded corners and protected edges. All Type A buses shall
have a minimum of a 6-inch 16-inch mirror; and Type B, C, and D buses shall
have a minimum of a 6-inch 30-inch mirror.
b. Each school bus shall be equipped with exterior mirrors meeting the
requirements of FMVSS 111. Mirrors shall be easily adjustable, but shall be
rigidly braced so as to reduce vibration.
c. Heated right- and left-side rearview mirrors shall be provided.
d. Systems offering a design feature permitting the driver to remotely adjust
mirrors from the driver's compartment may be utilized.
44.4(27) Mounting.
a. The chassis frame shall support the rear body cross member. Except where
chassis components interfere, the bus body shall be attached to the chassis
frame at each main floor sill in such manner as to prevent shifting or
separation of the body from the chassis under severe operating conditions.
b. Insulation material shall be placed at all contact points between the body
and chassis frame and shall be attached to the chassis frame or body so that it
will not move under severe operating conditions.
c. The body front shall be attached and sealed to the chassis cowl to prevent
entry of water, dust, and fumes through the joint between the chassis cowl and
body.
d. The refurbishing or reconditioning of a body-on-chassis school bus is
restricted to the repair and replacement of school bus body or chassis
components. The original body and chassis, as certified by the original
equipment manufacturers, shall be retained as a unit upon completion of
repairs. It is not permissible to exchange or interchange school bus bodies
and chassis. The refurbisher or reconditioner shall certify that the vehicle
meets all state and federal construction standards in effect as of the date of
manufacture and shall provide suitable warranty on all work performed. See
also subrule 44.7(1).
44.4(28) Mud flaps.
a. Mud flaps or guards are required and shall be provided and installed by the
body manufacturer or manufacturer's representative for both front and rear
wheels.
b. Front mud flaps or guards shall be of adequate size to protect body
areas vulnerable to road debris from wheels and shall be mounted so as to be
free of wheel movement at all times.
c. Rear mud flaps or guards shall be comparable in size to the width of the
rear wheelhousing and shall reach within approximately nine inches of the
ground when the bus is empty. They shall be mounted at a distance from the
wheels to permit free access to spring hangers for lubrication and maintenance
and to prevent their being pulled off while the vehicle is in reverse motion or
damaged by tire chains.
44.4(29) Overall length. Overall length of the bus shall not exceed
the maximum allowed by the Iowa department of transportation.
44.4(30) Overall width. Overall width of the bus shall not exceed the
maximum allowed by the Iowa department of transportation.
44.4(31) Passenger securement. See subrule 44.4(39).
44.4(32) Public address system. A public address system permitting
interior or exterior communication with passengers, or both types of
communication, may be installed.
44.4(33) Radio system. In the interest of safety for the children
transported and the effective management of the school transportation program,
a two-way radio communication system is highly recommended.
44.4(34) Retroreflective material.
a. Retroreflective material shall be provided in accordance with the
following:
(1) The rear of the bus body shall be marked with strips of reflective NSBY
material to outline the perimeter of the back of the bus using material which
conforms with the "Retroreflective Sheeting Daytime Color Specification
Proposal" of Appendix B, 1995 National Standards for School Transportation,
Central Missouri State University, Humphreys Suite 201, Warrensburg, Missouri
64093. The perimeter marking of rear emergency exits in accordance with FMVSS
217 and the use of reflective "SCHOOL BUS" signs partially accomplish the
objective of this requirement. To complete the perimeter marking of the back
of the bus, strips of at least 1¾-inch reflective NSBY material shall be
applied horizontally above the rear windows and above the rear bumper,
extending from the rear emergency exit perimeter marking outward to the left
and right rear corners of the bus; and vertical strips shall be applied at the
corners connecting these horizontal strips.
(2) "SCHOOL BUS" signs, if not of lighted design, shall be marked with
reflective NSBY material comprising background for lettering of the front and
rear "SCHOOL BUS" signs.
(3) Sides of the bus body shall be marked with reflective NSBY material at
least 1¾ inches in width, extending the length of the bus body and located
within six inches above or below the floor line or on the beltline.
b. Front and rear bumpers may be marked diagonally 45 degrees down to
centerline of pavement with 2-inch +/- ¼ inch wide strips of
noncontrasting reflective material. This material shall appear black during
daylight hours; however, it will be seen as a reflective material during
periods of reduced light conditions when a direct light source strikes the
material.
44.4(35) Rub rails.
a. One rub rail located on each side of the bus approximately at seat level
shall extend from the rear side of the entrance door completely around the bus
body (except for emergency door or any maintenance access door) to the point of
curvature near the outside cowl on the left side.
b. One rub rail located approximately at floor line shall cover the same
longitudinal area as the upper rub rail, except at wheelhousings, and shall
extend only to radii of the right and left rear corners.
c. Both rub rails shall be attached at each body post and all other upright
structural members.
d. Both rub rails shall be four inches or more in width in their
finished form, shall be of 16-gauge steel or suitable material of equivalent
strength, and shall be constructed in corrugated or ribbed fashion.
e. Both rub rails shall be applied to outside body or outside body
posts. Pressed-in or snap-on rub rails do not satisfy this requirement. For
Type A-II vehicles using the chassis manufacturer's body, or for Type A-I, B, C
and D buses using rear luggage or rear engine compartment, rub rails need not
extend around rear corners.
f. There shall be a rub rail or equivalent bracing located horizontally at the
bottom edge of the body side skirts.
44.4(36) Driver's seat.
a. Type A school buses shall be equipped with a driver's seat of manufacturer's
standard design meeting federal motor vehicle safety standards.
b. All Type B, C, and D school buses shall have a driver's seat equipped with a
one-piece high back designed to minimize the potential for head and neck
injuries in rear impacts, providing minimum obstruction to the driver's view of
passengers and meeting applicable requirements of Federal Motor Vehicle Safety
Standard 222. The height of the seat back shall be sufficient to provide the
specified protection for up to a 95th percentile adult male, as defined in
FMVSS 208. The seat shall be centered behind the steering wheel with a
backrest a minimum distance of 11 inches behind the steering wheel. The seat
shall be securely mounted to the floor of the bus with Grade 5 or better bolts
and shall be secured with locking nuts or lock washers and nuts.
c. All air brake-equipped school buses may be equipped with an air suspension
driver's seat meeting the following additional requirements:
(1) The air control for height adjustment shall be within easy reach of the
driver in the seated position.
(2) The seat cushion shall be a minimum of 19½ inches wide, shall be fully
contoured for maximum comfort, and shall have a minimum of four adjustment
positions to allow changes in seat bottom angle.
(3) The backrest shall include adjustable lumbar support.
(4) The seat shall have a minimum of 7 inches of forward and rearward travel,
adjustable with the driver in the seated position. This requirement applies to
the seat mechanism. Reduction of this requirement to no less than 4 inches due
to barrier placement on 89-passenger capacity buses will be acceptable.
(5) The seat shall have a minimum of 4 inches of up and down travel.
(6) Seat back shall include adjustability of tilt angle.
(7) All adjustments shall be by fingertip controls without the use of tools.
(8) The seat shall comply with all applicable federal motor vehicle safety
standards.
44.4(37) Driver's seat belt/shoulder harness system. Buses shall be
equipped with a Type 2 lap belt/shoulder harness seat belt assembly for the
driver. The design shall incorporate a fixed female push-button type latch on
the right side at seat level, and a male locking bar tongue on the left
retracting side. The assembly shall be equipped with a single, dual-sensitive
emergency locking retractor (ELR) for the lap and shoulder belt. This system
shall be designed to minimize "cinching down" on air sprung and standard seats.
The lap portion of the belt shall be anchored or guided at the seat frame by a
metal loop or other such device attached to the right side of the seat to
prevent the driver from sliding sideways out of the seat. There shall be a
minimum of 7 inches of adjustment of the "D" loop of the driver's shoulder
harness. Shoulder belt tension shall be no greater than is necessary to
provide reliable retraction of the belt and removal of excess slack. The seat
belt assembly and anchorage shall meet applicable federal motor vehicle safety
standards.
44.4(38) Seats and crash barriers.
a. All seats, component parts, and seat anchorage shall comply with applicable
federal requirements as of the date of their manufacture.
b. All seats shall have a minimum depth of 15 inches.
c. In determining the rated seating capacity of the bus, allowable average rump
width shall be:
(1) Thirteen inches where a three-three seating plan is used.
(2) Fifteen inches where a three-two seating plan is used.
d. The following knee room requirements shall apply to all school bus
bodies:
(1) Knee room shall meet the requirements of FMVSS 222 and shall be measured,
on Type A-I, B, C and D school buses, at the center of the transverse line of
the seat and at seat cushion height. The distance from the front of a seat back
(cushion) to the back surface of the cushion on the preceding seat shall be not
less than 24 inches. The seat upholstery may be placed against the seat
cushion padding, but without compressing the padding, before the measurement is
taken.
(2) On Type A-II school buses, seat spacing shall be of the manufacturer's
standard spacing.
e. All seats shall be forward-facing with seat frames attached to the seat rail
with two bolts, washers and nuts or flange-headed nuts. Each seat leg shall be
secured to the floor by a minimum of two bolts, washers, and nuts. Flange-head
nuts may be used in lieu of nuts and washers, or seats may be track-mounted in
conformance with FMVSS 222. This information shall be on a label permanently
affixed to the bus.
f. Jump seats or portable seats are prohibited; however, use of a flip seat at
any side emergency door location in conformance with FMVSS 222, including
required aisle width to side door, is acceptable. Any flip seat shall be free
of sharp projections on the underside of the seat bottom. The underside of the
flip-up seat bottoms shall be padded or contoured to reduce the possibility of
snagged clothing or injury during use. Flip seats shall be constructed to
prevent passenger limbs from becoming entrapped between the seat back and the
seat cushion when in an upright position. The seat cushion shall be designed
to rise to a vertical position automatically when not occupied.
g. Seats, seat back cushions, and restraining barriers shall be covered with a
material having 42-ounce finished weight, 54-inch width, and finished vinyl
coating of 1.06 broken twill or other material with equal tensile strength,
tear strength, seam strength, adhesion strength, and resistance to abrasion,
cold and flex separation.
h. All fabric seams shall be chain- or lock-stitch sewn with two threads, each
equal to or exceeding the tensile strength of "F"-rated nylon thread.
i. Crash barriers shall be installed conforming to FMVSS 222; however, all Type
A-II school bus bodies shall be equipped with padded crash barriers, one
located immediately to the rear of the driver's seat and one at the service
door entrance immediately to the rear of the step well.
j. Crash barriers and passenger seats may be constructed with materials that
enable them to meet the criteria contained in the school bus seat upholstery
fire block test specified in the manual, 1995 National Standards for School
Transportation, Missouri Safety Center, Central Missouri State University,
Warrensburg, Missouri 64093. Fire block material, when used, shall include the
covering of seat bottoms.
44.4(39) Passenger securement seating system.
a. Type A-II vehicles shall conform to all federal motor vehicle safety
standards at date of manufacture.
b. Unless otherwise required by federal motor vehicle safety standard, school
bus seats may be equipped with passenger securement systems for passengers
with disabilities in accordance with 281--Chapter 41 when it is determined by
the child's individual education program staffing team that special seating and
positioning are necessary during transportation. When the staffing team
determines that a passenger securement system is necessary to safely transport
a student with a disability, the need shall be documented in the student's
individual education plan (IEP).
c. When a child securement system is required in 44.4(39)"b," the seat,
including seat frame, seat cushion, belt attachment points, belts and hardware
shall comply with all applicable federal motor vehicle safety standards at the
time of manufacture. When it is determined that the securement system is no
longer necessary to provide seating assistance to a child with a disability,
the securement system shall be removed from the seat frame.
d. Children transported in child safety seats shall be secured to the school
bus seat according to the child safety seat manufacturer's instructions.
44.4(40) Steps.
a. The first step at the service door shall be not less than 10 inches and not
more than 14 inches from the ground when measured from the top surface of the
step to the ground, based on standard chassis specifications, except that on
Type D vehicles, the first step at the service door shall be 11 inches to 16
inches from the ground. A step well guard/skid plate shall be installed by the
manufacturer on all Type D vehicles.
b. Step risers shall not exceed a height of 10 inches. When plywood is used on
a steel floor or step, the riser height may be increased by the thickness of
the plywood.
c. Steps shall be enclosed to prevent accumulation of ice and snow.
d. Steps shall not protrude beyond the side body line.
e. A suitable device(s) shall be installed within the service entrance door
area to assist passengers during entry or egress from the bus. The device(s)
shall be designed so as to prevent injury or fatality to passengers from being
dragged by the bus after becoming entangled in the device(s).
44.4(41) Step treads.
a. All steps, including floor line platform area, shall be covered with
3/16-inch rubber floor covering or other materials equal in wear and abrasion
resistance to top-grade rubber.
b. Metal back of tread, minimum 24-gauge cold roll steel, shall be permanently
bonded to ribbed rubber. Grooved design shall be such that grooves run at a
90-degree angle to the long dimension of the step tread.
c. Three-sixteenth-inch ribbed step tread shall have a l½-inch white
nosing as an integral piece without any joint.
d. The rubber portion of step treads shall have the following
characteristics:
(1) Special compounding for good abrasion resistance and high coefficient of
friction.
(2) Flexibility so it can be bent around a ½-inch mandrel at both 130
degrees Fahrenheit and 20 degrees Fahrenheit without breaking, cracking, or
crazing.
(3) Durometer hardness of 85 to 95.
e. A three-inch white rubber step edge at floor level, flush with the floor
covering, shall be provided.
44.4(42) Stirrup steps.
a. Unless the windshield and lamps are not easily accessible from the ground,
there may be at least one folding stirrup step or recessed foothold and
suitably located handles on each side of the front of the body for easy
accessibility for cleaning. Handles on the service door are prohibited.
b. Steps or cutouts are permitted in the front bumper only, in lieu of the
stirrup steps, if the windshield and lamps are easily accessible for cleaning
from that position.
44.4(43) Stop signal arm.
a. The stop signal arm shall be a flat 18-inch octagon exclusive of brackets
for mounting. All lamps and lamp components shall comply with the requirements
of FMVSS 131.
b. Both surfaces of the sign shall be covered with reflectorized material
having a reflective capability equal to or exceeding that of 3M Corporation
high-intensity sheeting.
c. The application of the reflective sheeting material shall be in accordance
with the sheeting manufacturer's suggested application process. All copy shall
be sharply defined and clean cut.
d. The stop arm blade shall be mounted in the area below the driver's window on
the left side of the bus.
e. Each stop arm blade shall be automatically extended upon activation of the
red warning signal lamp system and remain extended until the red signal lamps
are deactivated. In addition, each stop arm blade shall be equipped with two
double-faced, four-inch, alternately flashing red lights. The use of strobe
lamps in the stop arm blade is acceptable.
f. A wind guard shall be installed which prevents air currents from circulating
behind the blade.
g. The stop arm shall be vacuum-, electric-, or air-operated; and the system
must positively hold the sign in extended or retracted position to prevent
whipping in the wind.
h. If the air for an air-operated stop arm comes from the regular air brake
system, the body manufacturer shall provide the necessary check valve and
pressure reduction valve to safeguard the air supply for brake application.
i. A second stop signal arm, meeting the above requirements, may be installed
and located on the left side at or near the left rear corner of the school bus
except that the forward side of the rear stop arm shall have no lights or
markings.
j. The two double-faced, four-inch flashing lights may be replaced with an LED
illuminated, high-visibility display, spelling out the word "STOP" visible to
the front and rear. This lighting system shall comply with applicable federal
motor vehicle safety standards prior to installation.
44.4(44) Storage compartments.
a. An enclosed space shall be provided in the driver's compartment for storing
manuals and bus driver records.
b. A storage container for tools, tire chains, and tow chains may be located
either inside or outside the passenger compartment; but, if inside, it shall
have a cover (seat cushion may not serve this purpose) capable of being
securely latched and fastened to the floor, convenient to either the service or
emergency door.
44.4(45) Sun shield.
a. For Type B, C, and D vehicles, an interior adjustable transparent sun shield
not less than 6 inches by 30 inches with a finished edge shall be installed in
a position convenient for use by the driver.
b. On all Type A buses the sun shield shall be the manufacturer's standard.
44.4(46) Tailpipe. See subrule 44.3(16).
44.4(47) Front tow hooks. See paragraph 44.3(7)"f."
44.4(48) Rear tow hooks. Two rear tow hooks are required on all school
buses. Rear tow hooks shall be attached to the chassis frame and located under
the rear bumper so the hook portion is under the body.
44.4(49) Trash container and holding device.
a. When a trash container is placed on the school bus, it shall comply with the
following:
(1) Meet the requirements of FMVSS 302, Flammability of Interior Materials.
(2) Be no greater than 14-quart capacity.
(3) Be secured by a holding device that is designed to prevent movement and to
allow easy removal and replacement.
b. The container shall be placed in an accessible location in the driver's
compartment of the school bus subject to department of education approval. The
container shall not obstruct the aisle of the bus, access to safety equipment
or passenger use of the service entrance door.
44.4(50) Undercoating.
a. The entire underside of the bus body, including floor sections, cross member
and below floor line side panels, shall be coated with rustproofing compound
for which the compound manufacturer has issued notarized certification of
compliance to the bus body builder that the compound meets or exceeds all
performance and qualitative requirements of paragraph 3.4 of Federal
Specification TT-C-520b using modified test procedures* for the following
requirements:
(1) Salt spray resistance--pass test modified to 5 percent salt and 1000
hours.
(2) Abrasion resistance--pass.
(3) Fire resistance--pass.
*Test panels to be prepared in accordance with paragraph 4.6.12 of TT-C-520b
with modified procedure requiring that test be made on a 48-hour air cured film
at thickness recommended by compound manufacturer.
b. Undercoating compound shall be applied with suitable airless or conventional
spray equipment to recommended film thickness and shall show no evidence of
voids in cured film.
44.4(51) Vacuum check valve. A vacuum check valve shall be provided
and installed on the chassis by the school bus body manufacturer for connecting
vacuum accessory items.
44.4(52) Vandal lock.
a. The school bus may be equipped with a vandal locking system for securing the
service entrance and emergency door(s).
b. The vandal locking system shall include the following design features:
(1) The entrance door is to be locked by an exterior key with a dead bolt, a
remote control (cable) device or an electric device. The system must prevent
the door from being accidentally locked by any motion the bus may encounter
during its normal operation. This does not apply to Type A vehicles with a
left-side driver's door.
(2) When the bus is equipped with a rear-mounted engine, the emergency door and
rear emergency exit window are to be locked by an interior slide bolt which
shall activate a buzzer when the door or emergency exit window is locked and
the ignition of the bus is turned on. The locking mechanism must be capable of
being locked or unlocked without the use of a separate key or other similar
device.
(3) The engine starting system of the bus shall not operate if the rear or side
emergency door or rear emergency exit window over the rear engine compartment
is locked from either the inside or outside of the bus.
(4) Hasp-type devices may not be attached to the bus for the purpose of
securing any door or window.
44.4(53) Ventilation.
a. The body ventilation system on Type A, B, C and D buses shall include one
static, nonclosing exhaust vent in the low-pressure area of the roof and one or
more combination roof ventilation/emergency escape hatches in accordance with
44.4(13)"b." The ventilation system shall be capable of being controlled and
shall have sufficient capacity to maintain a proper quantity of air under
operating conditions without the opening of windows except in extremely warm
weather.
b. Each combination roof ventilation/emergency escape hatch shall be installed
by the school bus body manufacturer or the body manufacturer's approved
representative and shall have the following design and installation
features:
(1) Multiposition fresh air ventilation.
(2) Release handle(s) permitting operation as an emergency exit(s), accessible
inside and outside the vehicle.
(3) An audible warning system which sounds an alarm in the driver's compartment
area when the emergency roof hatch is unlatched may be installed as a design
feature by the manufacturer.
(4) When more than one ventilation/emergency roof hatch is required, one shall
be installed forward of the intersection of the horizontal and longitudinal
midpoints of the bus in a low-pressure area of the roof. The second unit shall
be installed on the roof in a location behind the rear axle. When only one
ventilation/emergency roof hatch is required, it shall be installed in a
low-pressure area of the roof at or near the longitudinal midpoint of the
bus.
c. Auxiliary fans shall be installed and shall meet the following
requirements:
(1) Two adjustable fans shall be installed on Type A-I, B, C and D buses. Fans
for left and right sides shall be placed in a location where they can be
adjusted for maximum effectiveness and do not obstruct vision to any mirror.
(2) Fans shall be a nominal 6-inch diameter except where noted below.
(3) Fan blades shall be covered with a protective cage. Each fan shall be
controlled by a separate switch capable of two-speed operation.
(4) Type A-II buses shall have at least one fan having a nominal diameter of at
least 4 inches meeting the above requirements.
44.4(54) Wheelhousings.
a. The wheelhousing opening shall allow for easy tire removal and service.
b. The wheelhousing shall be attached to the floor sheets in such a manner as
to prevent any dust, water or fumes from entering the body. Wheelhousings
shall be constructed of at least 16-gauge steel or other material capable of
withstanding passenger or other expected loads applied internally or externally
without deformation.
c. The inside height of the wheelhousing above the floor line shall not exceed
12 inches.
d. The wheelhousing shall provide clearance for installation and use of tire
chains on single and dual (if so equipped) power-driving wheels.
e. No part of a raised wheelhousing shall extend into the emergency door
opening.
44.4(55) Windshield and windows.
a. All glass in windshield, windows, and doors shall be of approved safety
glass consistent with American National Standard, Safety Code for Safety
Glazing Materials for Glazing Motor Vehicles Operating on Land Highways,
Z-26.1, mounted so the permanent mark is visible, and of sufficient quality to
prevent distortion of view in any direction.
b. Glass in windshields may be heat-absorbing and may contain a shaded band
across the top. Location of "fade out" shall be above the upper limit for
maximum visibility.
c. Each full side window, other than emergency exits designated to comply with
FMVSS 217, shall be split-sash type and shall provide an unobstructed
emergency opening of at least 9 inches but not more than 13 inches high and 22
inches wide, obtained by lowering the window. When the driver's window
consists of two sections, both sections shall be capable of being moved or
opened. All exposed edges of glass shall be banded.
d. Insulated double glass is required in both sections of the left-side
driver's window and in the upper glass portion(s) of the service entrance
door.
e. Window glass forward of the service door and in the driver's direct line of
sight for observing exterior rearview mirrors and traffic shall be of insulated
double glass. The door glass in Type A-II vehicles equipped with a
manufacturer's standard van-type, right-side service door may be of the
manufacturer's standard design.
f. The school bus body manufacturer may design and install a protective device
over the inside, lower window glass of a rear emergency door to protect it from
being damaged or broken during normal operation. The protective device shall
be securely mounted by the manufacturer, shall be free of projections which
might harm passengers, and shall permit visibility through the device to the
area outside and to the rear of the bus.
g. Tinted glazing capable of reducing the amount of light passing through a
window may be installed consistent with rules established by the Iowa
department of public safety relating to automotive window transparency
standards, except that the following windows shall be of AS-II clear glass
rating:
(1) Both sections of the window to the immediate left of the driver.
(2) All glass forward of and including the left-side driver's window.
(3) The entire windshield area shall be of AS-I rating.
(4) All glass in the service entrance door.
44.4(56) Windshield washers. Buses shall be equipped with electric
wet-arm windshield washers which conform to the body manufacturer's
recommendation as to type and size for the bus on which they are to be used.
The windshield washer system on Type A vehicles may be of the manufacturer's
standard design.
44.4(57) Windshield wipers.
a. For Type A vehicles, windshield wipers shall be supplied by the chassis
manufacturer and shall be of the manufacturer's standard design.
b. Type B, C and D buses shall be equipped with two positive-action, two-speed
or variable-speed electric or air windshield wipers. Windshield wipers shall
have an intermittent wiping feature.
c. The wipers shall be operated by one or more air or electric motors of
sufficient power to operate wipers. If one motor is used, the wipers shall
work in tandem to give a full sweep of the windshield.
d. All wiper controls shall be located within easy reach of the driver
and shall be designed to move the blades from the driver's view when the wiper
control is in the "off" position.
44.4(58) Wiring.
a. All wiring shall conform to current SAE standards.
b. Circuits:
(1) Wiring shall be arranged in circuits, as required, with each circuit
protected by a fuse or circuit breaker. All wiring shall use a standard color
or number coding system or a combination of color and number coding. Each
chassis shall be delivered with a wiring diagram that illustrates the wiring of
the chassis.
(2) A master wiring diagram shall be supplied for each vehicle provided by the
body manufacturer. Chassis wiring diagrams, including any changes to wiring
made by the body manufacturer, shall also be supplied to the end user.
(3) The following body interconnecting circuits shall be color-coded as
noted:
FUNCTION COLOR
Left Rear Directional Light Yellow
Right Rear Directional Light Dark Green
Stoplights Red
Backup Lights Blue
Taillights Brown
Ground White
Ignition Feed, Primary Feed Black
The color of cables shall correspond to SAE J 1128.
c. Wiring shall be arranged in at least six regular circuits as follows:
(1) Head, tail, stop (brake) and instrument panel lamps.
(2) Clearance and step well lamps which shall be actuated when the service door
is opened.
(3) Dome lamp.
(4) Ignition and emergency door signal.
(5) Turn signal lamps.
(6) Alternately flashing signal lamps.
d. Any of the above combination circuits may be subdivided into additional
independent circuits.
e. Whenever heaters and defrosters are used, at least one additional circuit
shall be installed.
f. Whenever possible, all other electrical functions, such as sanders and
electric-type windshield wipers, shall be provided with independent and
properly protected circuits.
g. Each body circuit shall be coded by number or letter on a diagram of
circuits which shall be attached to the body in a readily accessible
location.
h. The entire electrical system of the body shall be designed for the same
voltage as the chassis on which the body is mounted.
i. All wiring shall have an amperage capacity exceeding the design load by at
least 25 percent. All wiring splices are to be made at an accessible location
and noted as splices on wiring diagram.
j. A body wiring diagram, of a size which can be easily read, shall be
furnished with each bus body or affixed in an area convenient to the electrical
accessory control panel.
k. The body power wire shall be attached to a special terminal on the
chassis.
l. All wires passing through metal openings shall be protected by a grommet.
m. Wires not enclosed within the body shall be fastened securely at intervals
of not more than 18 inches. All joints shall be soldered or joined by equally
effective connectors, which shall be water-resistant and
corrosion-resistant.
281--44.5(285) Construction of vehicles for children with mobility
problems. The following shall apply to vehicles constructed for the
transportation of children with mobility problems of such severity that the
children are prohibited from utilizing the regular service door entrance.
Vehicles constructed for transporting these children shall meet all federal
motor vehicle safety standards relating to school bus construction and Iowa
school bus construction requirements as described in rules 281--44.1(285) and
281--44.4(285). The following standards shall also apply:
44.5(1) General requirements.
a. Certification of these vehicles as multipurpose passenger vehicles due to
capacity rating shall not relieve the manufacturer of the responsibility to
provide a completed vehicle meeting all federal motor vehicle safety standards
for school buses as well as rules 281--44.1(285) to 281-- 44.4(285) relating to
the construction of a school bus.
b. Alteration of the interior of the vehicle is permissible if all seats and
barriers, component parts, anchorages, wheelchair securement devices, and
placement of seats and barriers and wheelchair securement devices comply with
federal requirements as of date of manufacture. All equipment must be supplied
by the original manufacturer and installed per the original manufacturer's
specification. Alteration which would return the vehicle to conventional
passenger seating shall include removal of all wheelchair securement devices,
removal of the power lift, and rendering the special service door
inoperable.
c. Any school bus that is used for the transportation of children who are
confined to a wheelchair or other restraining devices which prohibit use of the
regular service entrance shall be equipped with a power lift located on the
right side of the bus body and forward of the rear wheels. (See paragraph
44.5(2)"f.")
d. The actual rated seating capacity following modification of a vehicle shall
be placed at locations indicated in paragraph 44.4(20)"d."
e. Ramps are not permitted.
44.5(2) Specific requirements.
a. Aisle.
(1) Aisles leading from wheelchair placement(s) to the special service door and
the service door shall at all times be wide enough to permit passage of a
wheelchair.
(2) Aisles leading to the emergency door from wheelchair placement(s) shall at
all times be at least 20 inches in width.
b. Barriers.
(1) Barriers shall comply with and be installed as required by federal
standards as of date of manufacture.
(2) A heavy-duty padded barrier or stanchion shall be provided immediately to
the rear of the step well opening extending from the side wall of the bus to
approximately the aisle to prevent a person from accidentally falling into the
step well opening from floor level. A barrier or stanchion as mentioned above
shall also be placed directly behind the driver.
(3) The power lift mechanism shall be padded and adequately protected to
prevent a child from accidentally getting any part of the child's body caught
in the power lift mechanism or special service door at any time.
(4) In the event that an elevator (body floor section serving as lift platform)
lift is used, both the forward and rear side of the platform shall be protected
with heavy-duty padded barriers extending from the wall of the body toward the
aisle. A covered chain shall be fastened to the rear barrier adjacent to the
lift platform, extend across the platform opening, and attach with hook and eye
to the forward barrier adjacent to the lift platform.
c. Glazing. Tinted glazing may be installed in all doors, windows, and
windshield.
d. Heaters. An additional heater(s) may be installed in the rear portion of
the bus on or behind wheel wells.
e. Identification. Buses with wheelchair lifts used for transporting
physically handicapped children may display universal handicapped symbols
located on the front and rear of the vehicle below the window line. Emblems
shall be white on blue, shall not exceed 12 square inches in size, and may be
reflectorized.
f. Power lift.
(1) The lifting mechanism shall be able to lift a minimum payload of 800
pounds.
(2) The power lift shall be located on the right side of the body and in no way
be attached to the exterior sides of the bus, but should be confined within the
perimeter of the school bus body when not extended. The power lift shall be
located forward of the rear wheels of the vehicle.
(3) When the platform is in the fully "up" position, it shall be locked in
position mechanically by means other than a support or lug in the door.
(4) All lift controls shall be portable and conveniently located on the inside
of the bus near the top of the special service door opening. Controls shall be
easily operable from inside or outside the bus by either a platform standee or
person seated in a wheelchair when the lift is in any position. A master
cut-off switch shall be located in the driver's compartment. There shall be a
means of preventing the lift platform from falling while in operation due to a
power failure.
(5) Power lifts shall be equipped so they may be manually raised or lowered in
the event of power failure of the power lift mechanism.
(6) The platform shall accommodate a wheelchair which is 30 inches wide. The
platform shall be not less than 44 inches long, including guard panels or
rails.
(7) The power lift platform shall be covered with skid-resistant material or be
designed to prevent slipping.
(8) The lift platform shall be constructed to permit vision through that
portion of the platform covering the window of the special service door when
the platform is in the "up" position.
(9) All edges of the platform shall be designed to restrain a wheelchair and to
prevent the operator's feet from being entangled during the raising and
lowering process.
(10) The platform shall be fitted on both sides with full width shields which
extend above the floor line of the lift platform.
(11) An inward operating safety barrier shall be affixed to the outer edge
(curb end) of the platform that will prohibit the wheelchair from rolling off
the platform when the lift is in any position other than fully extended to
ground level. The barrier shall not be capable of being manually operated.
(12) A self-adjusting, skid-resistant plate shall be installed on the outer
edge of the platform to minimize the incline from the lift platform to the
ground level. This plate, if so designed, may also suffice as the restraining
device described in subparagraph (11) above.
(13) The power lift shall be designed so the lift will not operate unless the
special service door(s) is opened and the lift platform is in the "down" or
horizontal position.
(14) The lift travel shall allow the lift platform to rest securely on the
ground.
(15) A circuit breaker or fuse shall be installed between the power source and
the lift motor if electrical power is used.
(16) When hydraulic pressure is used in the lifting proc-ess, the system shall
be equipped with adjustable limit switches or bypass valves to prevent
excessive pressure from building in the hydraulic system when the platform
reaches the full "up" position or full "down" position.
(17) All exposed parts of the power lift which are in direct line with the
forward or rearward travel of a wheelchair student or attendant shall be padded
with energy-absorbing material.
g. Ramps. Ramps are not permitted.
h. Regular service entrance. An additional fold-out or slide-out step may be
provided which will provide for the step level to be no more than 6 inches from
the ground level to assist persons with handicapping conditions that prohibit
the use of the standard entrance step. This step, when stored and not in use,
shall not impede or in any way block the normal use of the entrance.
i. Seating and seating arrangements.
(1) All seat spacing, seats, and related components shall comply with
applicable federal standards as of date of manufacture.
(2) All seats shall be forward facing. Side-facing seats are prohibited.
(3) Seat frames may be equipped by the school bus body manufacturer with rings
or other devices to which passenger restraint systems may be attached.
j. Special light. Light(s) shall be placed inside the bus to sufficiently
illuminate the lift area and shall be activated from the door area.
k. Special service opening.
(1) There shall be an enclosed service opening located on the right side (curb
side) of the body forward of the rear wheels to accommodate a wheelchair
lift.
(2) The opening shall be at least 52 inches high and 40 inches wide and with
doors open shall be of sufficient width to allow for the installation of
various power lifts and related accessories as well as a lifting platform at
least 32 inches wide.
(3) The opening shall be positioned far enough to the rear of the regular
service door opening to prevent interference of the special service door(s)
opening with the regular service doors.
(4) The opening may extend below the floor through the bottom of the body
skirt. If an opening is used, reinforcements shall be installed at the front
and rear of the floor opening to support the floor and shall give the same
strength as other floor openings.
(5) A drip molding shall be installed above the opening to effectively divert
water from the entrance.
(6) Doorposts, headers, and all floor sections around this special opening
shall be reinforced to provide strength and support equivalent to adjacent side
wall and floor construction of an unaltered model.
(7) A header pad at least 3 inches wide, extending the width of special service
door, shall be placed above the opening on the inside of the bus.
l. Special service door(s).
(1) A single door may be used if the width of the door opening does not exceed
42 inches. Two doors shall be used where the door opening exceeds 42
inches.
(2) All doors shall open outwardly.
(3) All doors shall have positive fastening devices to hold doors in the open
position.
(4) All doors shall be equipped with heavy-duty hinges and shall be hinged to
the side of the bus.
(5) All doors shall be weather sealed; and on buses with double doors, each
door shall be of the same size and constructed so a flange on the forward door
overlaps the edge of the rear door when closed.
(6) If optional power doors are installed, the design shall permit release of
the doors for opening and closing by the attendant from the platform inside the
bus.
(7) When manually operated dual doors are provided, the rear door shall have at
least a one-point fastening device to the header. The forward-mounted door
shall have at least three-point fastening devices: One shall be to the header,
one shall be to the floor line of the body, and the other shall be into the
rear door. These locking devices shall afford maximum safety when the doors
are in the closed position. The door and hinge mechanism shall be of a
strength that will provide the same type of use as that of a standard entrance
door.
(8) If the door is made of one-piece construction, the door shall be equipped
with a slidebar, cam-operated locking device.
(9) Each door shall have installed a safety glass window, set in rubber, and
aligned with the lower line of adjacent sash and as nearly as practical to the
same size as other bus windows.
(10) Door materials, panels, and structural strength shall be equivalent to the
conventional service and emergency doors. Color, rub rail extensions,
lettering, and other exterior features shall match adjacent sections of the
body.
(11) The door(s) shall be equipped with a device(s) that will actuate a
flashing visible signal located in the driver's compartment when the door(s) is
not securely closed. (An audible signal is not permitted.)
m. Special student restraining devices.
(1) Wheelchairs shall be equipped with an appropriate passenger restraint
system.
(2) Special restraining devices such as shoulder harnesses, lap belts, and
chest restraint systems may be installed to the seats providing that the
devices do not require the alteration in any form of the school bus seat, seat
cushion, framework, or related seat components. These restraints must be for
the sole purpose of restraining handicapped students.
n. Wheelchair securement systems.
(1) Securement systems for wheelchairs shall be those approved by the bureau of
school administration and accreditation, Iowa department of education.
(2) All wheelchair securement systems or devices shall be placed in the vehicle
so that, when secured, both wheelchair and occupant are facing toward the front
of the vehicle. Fastening devices resulting in a side-facing wheelchair and
occupant are not permissible.
(3) Wheelchair securement systems or devices shall be provided and attached to
the floor of the vehicle with Grade "5" or better bolts and self-locking nuts
or lock washers and nuts. The devices must be of the type that require human
intervention to unlatch or disengage.
(4) The securement system must be designed to withstand forces up to 2,000
pounds per tiedown leg or clamping mechanism or 4,000 pounds total for each
wheelchair, whichever is the lesser of the two.
(5) Straps or seat-belt devices running through the wheels of the wheelchair or
around the student seated in the wheelchair for the purpose of securing the
wheelchair to the floor are not acceptable.
(6) When the wheelchair securement system(s) is located in a school bus so that
when a wheelchair is not secured in place the device(s) may create a tripping
hazard for school bus drivers, passengers, or attendants, the fastening
device(s) shall not extend above the floor level more than ½ inch.
281--44.6(285) Family-type or multipurpose passenger vehicles.
44.6(1) General information. These vehicles may be used as a
school bus in accordance with the following general requirements:
a. The vehicle shall be an original equipment manufacturer's (OEM) product and
manufactured as a family-type or multipurpose passenger vehicle (MPV).
b. The manufacturer's rated capacity of this vehicle, which shall be determined
only by the original equipment manufacturer (OEM) on the date of manufacture,
shall not exceed nine persons including the driver. The capacity rating may
not be changed or modified except by the original equipment manufacturer.
Secondary stage or vehicle conversion manufacturers shall not establish vehicle
capacity.
c. Alteration of this vehicle, following manufacture by the OEM, is prohibited.
This includes, but is not limited to, the addition or removal of seats, ramps,
wheelchair securement devices and power lifts.
EXCEPTION: OEM options or other manufacturer's accessories not in violation of
these standards may be installed.
d. The vehicle shall not carry more passengers than there are seat belts as
installed by the manufacturer.
e. The vehicle shall not be painted the color known as national school bus
glossy yellow.
f. The vehicle shall not be equipped with a stop arm or flashing warning signal
lamps.
g. This vehicle must load and unload students off the traveled portion of the
roadway.
44.6(2) Special equipment.
a. Interior liner. An interior liner that covers all exposed ceiling girders,
sidewall posts, or other structural projections must be provided and installed
by the manufacturer.
b. The vehicle, while transporting students to and from school, shall display a
sign, visible to the rear, with the words "SCHOOL BUS." The sign shall be
painted national school bus glossy yellow with black letters 6 inches high.
The sign shall be a type that can be removed, dismounted, or covered when the
vehicle is not transporting pupils to and from school.
c. A sign with the words "THIS VEHICLE STOPS AT ALL RAILROAD CROSSINGS,"
visible to the rear, may be used where appropriate and not in conflict with
current statutes. If used, the words shall be painted in black letters on a
yellow background. The sign shall be of a type that can be dismounted, turned
down, or covered when the vehicle is not transporting pupils to and from
school.
d. Special brake lamps. The vehicle may be equipped with two roof-mounted
lights not greater than 4 inches in diameter and positioned horizontally on the
roof at least 36 inches apart. The lights shall be connected to the brake lamp
circuit of the vehicle's electrical system and shall operate only when the
brakes are applied. When lit, the lamps shall be red and shall be visible only
to the rear.
e. First-aid kit. The vehicle shall carry a ten-unit first-aid kit. See
44.4(15)"e"(2).
f. Fire extinguisher. The vehicle shall carry a dry chemical fire extinguisher
of at least 2½-pound capacity with a rating of 2A-10BC. The extinguisher
shall be equipped with a calibrated or marked gauge. Plastic discharge heads
and related parts are not acceptable.
44.6(3) Applicability of standards. The above standards apply to
all new vehicles of this type and those currently in service used to transport
students to and from school.
281--44.7(285) Repair, replacement of school bus body and chassis
components following original equipment manufacture.
44.7(1) Body and chassis repair following an accident.
a. A school bus that has been involved in an accident in which there is damage
to the body or chassis components may be repaired to the extent that such
repair is possible and that the damaged component can be returned to the
original equipment manufacturer's specification and function.
b. The individual or company making the repairs shall certify to the vehicle's
owner that all repairs have been made in accordance with the original vehicle
or component manufacturer's recommendations using original equipment
manufacturer's materials and parts, or their guaranteed equal.
c. Repairs shall not cause the vehicle to no longer comply with any federal
motor vehicle safety standard(s) in effect and applicable at the time the
vehicle or component was manufactured.
44.7(2) New technology and equipment approval procedure. It is the
intent of these rules to accommodate new technologies and equipment which will
better facilitate the transportation of students to and from school and related
activities. A new technology, piece of equipment or component that meets the
following criteria may be adopted under the following conditions pending formal
rule adoption:
a. The technology, equipment or component shall not compromise the
effectiveness or integrity of any major safety system, unless it completely
replaces the system.
b. It shall not diminish the safe environment of the interior of the bus.
c. It shall not create additional risk to students who are boarding or exiting
the bus or are in or near the school bus loading zone.
d. It shall not create undue additional activity or responsibility for the
driver.
e. It shall not generally decrease the safety or efficiency of the bus.
f. It shall generally provide for a safer or more pleasant experience for the
occupants and pedestrians in the vicinity of the bus or generally assist the
driver or make the driver's many tasks easier to perform.
g. A pilot test for the purpose of evaluating the performance of the new
technology, product or vehicle component may be conducted at the direction of
the school transportation consultant with the approval of the director of the
department of education. The pilot test shall include a minimum of five, but
not more than ten, applications of the technology, product or component at
locations and over a period of time to be mutually agreed upon by the
department and the manufacturer of the product.
h. The cost of the technology, product or vehicle component and its
installation shall be the responsibility of the manufacturer unless other
arrangements are made prior to testing or evaluation.
i. An evaluation of the product's performance shall be conducted by department
staff, and if the product is determined to meet the criteria listed in
44.7(2)"a" to "f," measures shall be taken as soon as practicable to formally
approve the product.
j. A technology, product or component not recommended for approval by the
department shall immediately be removed from vehicles upon which pilot tests
were being conducted; and its use shall be discontinued by schools or
individuals serving as pilot test sites, upon receipt of written notice from
the department of education.
These rules are intended to implement Iowa Code sections 285.8 and 321.373.
[Filed 9/16/98, effective 11/11/98]
[Published 10/7/98]
EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 10/7/98.
ARC 8363A
HUMAN SERVICES DEPARTMENT[441]
Adopted and Filed
Pursuant to the authority of Iowa Code section 217.6, the Department of Human
Services hereby amends Chapter 1, "Departmental Organization and Procedures,"
appearing in the Iowa Administrative Code.
The Council on Human Services adopted this amendment September 15, 1998.
Notice of Intended Action regarding this amendment was published in the Iowa
Administrative Bulletin on July 15, 1998, as ARC 8147A.
1998 Iowa Acts, Senate File 2406, section 19, repealed Iowa Code section
217.9A, which established the Commission on Children, Youth and Families. This
amendment removes the Commission from the Department's rules on organization
and procedures.
This amendment is identical to that published under Notice of Intended
Action.
This amendment is intended to implement Iowa Code section 17A.3(1).
This amendment shall become effective December 1, 1998.
The following amendment is adopted.
Rescind and reserve rule 441--1.9(17A).
[Filed 9/15/98, effective 12/1/98]
[Published 10/7/98]
EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 10/7/98.
ARC 8364A
HUMAN SERVICES DEPARTMENT[441]
Adopted and Filed
Pursuant to the authority of Iowa Code section 249A.4 and 1998 Iowa Acts,
Senate File 2410, section 7, subsection 12, and section 80, the Department of
Human Services hereby amends Chapter 75, "Conditions of Eligibility," appearing
in the Iowa Administrative Code.
This amendment reinstates the four-month work transition period for
Medicaid.
The work transition period (WTP) is a four-month disregard of earnings for
certain people who begin new employment. The WTP was originally established as
a welfare reform waiver policy in the Family Investment Program (FIP) that was
designed to be an incentive for welfare participants to begin new employment.
The Medicaid and Food Stamp programs also adopted the WTP policy. During an
evaluation of the welfare reform policies, it was recommended by the Welfare
Reform Advisory Council that this disregard be discontinued because it was not
meeting the goal for which it was intended and was very complex to administer.
The General Assembly supported the recommendation and on April 18, 1997,
Governor Branstad signed 1997 Iowa Acts, chapter 41, section 35, which directed
the Department to eliminate the WTP as of October 1, 1997, for the FIP, Food
Stamp, and Medicaid programs.
In the meantime, the Balanced Budget Act (BBA) of 1997 was signed into law on
August 5, 1997. The BBA added Title 21 to the Social Security Act and
appropriated $39.6 billion to enable states to develop health care programs for
uninsured children. Section 2105 of the BBA contains a maintenance of effort
provision which prohibits states from adopting more restrictive income and
resources methodologies than those that were in place as of June 1, 1997.
The Department proceeded to eliminate the WTP effective October 1, 1997, and
submitted a State Plan amendment to the Health Care Financing Administration
(HCFA) in December of 1997. HCFA has advised the state that even though the
Iowa General Assembly passed legislation to eliminate the WTP prior to the
passage of the BBA and the maintenance of effort date, if Iowa does not
withdraw the State Plan amendment, Iowa will lose approximately $32 million
annually in federal child health care funding.
The 1998 Iowa General Assembly passed legislation authorizing the Department to
reinstate the WTP for Medicaid only if the disregard must be reinstated to
ensure federal funding. The Department is working with the Iowa Congressional
Delegation to find a legislative remedy.
The Council on Human Services adopted this amendment September 15, 1998.
This amendment was previously Adopted and Filed Emergency and published in the
July 15, 1998, Iowa Administrative Bulletin as ARC 8151A. Notice of
Intended Action to solicit comments on that submission was published in the
July 15, 1998, Iowa Administrative Bulletin as ARC 8150A.
This amendment is identical to that published under Notice of Intended
Action.
This amendment is intended to implement Iowa Code section 249A.4 and 1998 Iowa
Acts, Senate File 2410, section 7, subsection 12.
This amendment shall become effective December 1, 1998, at which time the
Adopted and Filed Emergency amendment is hereby rescinded.
The following amendment is adopted.
Amend subrule 75.57(7) by adding the following new
paragraph:
af. Earnings from new employment of any person whose income is considered when
determining eligibility during the first four calendar months of the new
employment. The date the new employment or self-employment begins shall be
verified before approval of the exemption. This four-month period shall be
referred to as the work transition period (WTP).
(1) The exempt period starts the first day of the month in which the client
receives the first pay from the new employment and continues through the next
three benefit months, regardless if the job ends during the four-month
period.
(2) To qualify for this disregard, the person shall not have earned more than
$1,200 in the 12 calendar months prior to the month in which the new job
begins, the income must be reported timely in accordance with rule
441--76.10(249A), and the new job must have started after the date the
application is filed. For purposes of this policy, the $1,200 earnings limit
applies to the gross amount of income without any allowance for exemptions,
disregards, work deductions, diversions, or the costs of doing business used in
determining net profit from any income test in rule 441--75.57(249A).
(3) If another new job or self-employment enterprise starts while a WTP is in
progress, the exemption shall also be applied to earnings from the new source
that are received during the original 4-month period, provided that the
earnings were less than $1,200 in the 12-month period before the month the
other new job or self-employment enterprise begins.
(4) An individual is allowed the 4-month exemption period only once in a
12-month period. An additional 4-month exemption shall not be granted until
the month after the previous 12-month period has expired.
(5) If a person whose income is considered enters the household, the new job
must start after the date the person enters the home or after the person is
reported in the home, whichever is later, in order for that person to qualify
for the exemption.
(6) When a person living in the home whose income is not considered
subsequently becomes an assistance unit member whose income is considered, the
new job must start after the date of the change that causes the person's income
to be considered in order for that person to qualify for the exemption.
(7) A person who begins new employment or self-employment that is intermittent
in nature may qualify for the WTP. "Intermittent" includes, but is not limited
to, working for a temporary agency that places the person in different job
assignments on an as-needed or on-call basis, or self-employment from providing
child care for one or more families. However, a person is not considered as
starting new employment or self-employment each time intermittent employment
restarts or changes such as when the same temporary agency places the person in
a new assignment or a child care provider acquires another child care
client.
[Filed 9/15/98, effective 12/1/98]
[Published 10/7/98]
EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 10/7/98.
ARC 8365A
HUMAN SERVICES DEPARTMENT[441]
Adopted and Filed
Pursuant to the authority of Iowa Code section 249A.4, the Department of Human
Services hereby amends Chapter 78, "Amount, Duration and Scope of Medical and
Remedial Services," and Chapter 79, "Other Policies Relating to Providers of
Medical and Remedial Care," appearing in the Iowa Administrative Code.
The Council on Human Services adopted these amendments September 15, 1998.
Notice of Intended Action regarding these amendments was published in the Iowa
Administrative Bulletin on July 15, 1998, as ARC 8152A.
These amendments revise Medicaid policy governing payment for hospice services.
The amendments allow an unlimited number of 60-day certification periods
following two 90-day periods, relieve the hospice of the responsibility for
hiring a physician directly, and refine the definition of terminal illness.
Patients are now eligible for hospice if their prognosis is for a life
expectancy of six months or less "if the terminal illness runs its normal
course." This change recognizes that patients sometimes outlive their
prognoses, resulting in longer hospice usage than originally contemplated.
State hospice policy mirrors federal policy. These amendments reflect changes
in federal hospice rules as a result of passage of the Balanced Budget Act of
1997.
These changes confer a benefit on clients by allowing a person to elect hospice
benefits with a more flexible methodology or benefit period. Additionally,
providers are given more flexibility in how they operate their hospice, which
will be a benefit to providers who live in rural areas or who have difficulty
recruiting medical personnel.
These amendments are identical to those published under Notice of Intended
Action.
These amendments are intended to implement Iowa Code section 249A.4.
These amendments shall become effective December 1, 1998.
The following amendments are adopted.
ITEM 1. Amend rule 441--78.36(249A) as follows:
Amend subrule 78.36(1), paragraph "a," as follows:
Amend subparagraph (8) as follows:
(8) Physical therapy, occupational therapy and speech-language pathology
unless this provision has been waived under the Medicare program for a
specific provider.
Adopt the following new subparagraph (9):
(9) Other items or services specified in the resident's plan that would
otherwise be paid under the Medicaid program.
Amend the last paragraph as follows:
Nursing care, medical social services, physician services and
counseling are core hospice services and must routinely be provided directly by
hospice employees. The hospice may contract with other providers to provide
the remaining services. Bereavement counseling, consisting of counseling
services provided after the individual's death to the individual's family or
other persons caring for the individual, is a required hospice service but is
not reimbursable.
Further amend subrule 78.36(1), paragraph "b," subparagraph
(2), as follows:
(2) Administrative duties performed by the medical director, any
hospice-employed physician, or any consulting physician are included in
the normal hospice rates. Patient care provided by the medical director,
hospice-employed physician, attending physician, or consulting physician is
separately reimbursable. Payment to the attending or consulting physician
includes other partners in practice.
Amend subrule 78.36(4), introductory paragraph and paragraph "a," as
follows:
78.36(4) Approval for hospice benefits. Payment will be approved for
hospice services to individuals who are certified as terminally ill, that is,
the individuals have a medical prognosis that their life expectancy is six
months or less if the illness runs its normal course, and who elect
hospice care rather than active treatment for the illness.
a. Physician certification process. The hospice must obtain certification that
an individual is terminally ill in accordance with the following procedures:
(1) The hospice may obtain verbal orders to initiate hospice service from the
medical director of the hospice or the physician member of the hospice
interdisciplinary group and by the individual's attending physician (if the
individual has an attending physician). The verbal order shall be noted in the
patient's record. The verbal order must be given within two days of the start
of care and be followed up in writing no later than eight calendar days after
hospice care is initiated. The certification must include the statement that
the individual's medical prognosis is that the individual's life expectancy is
six months or less if the illness runs its normal course.
(2) When verbal orders are not secured, the hospice must obtain, no later than
two calendar days after hospice care is initiated, written certification signed
by the medical director of the hospice or the physician member of the hospice
interdisciplinary group and by the individual's attending physician (if the
individual has an attending physician). The certification must include the
statement that the individual's medical prognosis is that the individual's life
expectancy is six months or less, if the illness runs its normal course.
(3) When the individual remains in the care of the hospice at the end
of six months, another certification is required. The procedures and time
frames in subparagraphs (1) and (2) above are to be followed.
Hospice care benefit periods consist of up to two periods of 90 days each
and an unlimited number of subsequent 60-day periods as elected by the
individual. The medical director or a physician must recertify at the
beginning of each benefit period that the individual is terminally ill.
ITEM 2. Amend subrule 79.1(14) by adopting the following
new paragraph "f":
f. Location of services. Claims must identify the geographic location where
the service is provided (as distinct from the location of the hospice).
[Filed 9/15/98, effective 12/1/98]
[Published 10/7/98]
EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 10/7/98.
ARC 8366A
HUMAN SERVICES DEPARTMENT[441]
Adopted and Filed
Pursuant to the authority of Iowa Code section 249A.4, the Department of Human
Services hereby amends Chapter 81, "Nursing Facilities," appearing in the Iowa
Administrative Code.
The Council on Human Services adopted these amendments September 15, 1998.
Notice of Intended Action regarding these amendments was published in the Iowa
Administrative Bulletin on July 29, 1998, as ARC 8216A.
Current policy provides that a nursing facility that is assessed a penalty
under the Medicare or Medicaid program may not have a nurse aide training
program in its facility for two years. This is sometimes a hardship for the
facility in training new nurse aides.
These amendments establish the terms for the Department of Inspections and
Appeals to grant an exception to a facility to allow the facility to have the
75-hour nurse aide training course provided in the facility. The training must
not be conducted by the facility. The conditions are as follows:
* The facility has submitted Form 470-3494, Nurse Aide Education Program
Waiver Request, to the DIA to request a waiver for each 75-hour nurse aide
training course to be offered in (but not by) the facility.
* The 75-hour nurse aide training is offered in a facility by an approved
nurse aide training and competency evaluation program (NATCEP).
* No other NATCEP program is offered within 30 minutes' travel from the
facility, unless the facility can demonstrate the distance or program would
create a hardship for program participants.
* The facility is in substantial compliance with the federal requirements
related to nursing care and services.
* The facility is not a poor performing facility.
* Employees of the facility do not function as instructors for the program
unless specifically approved by DIA.
* The NATCEP sponsoring the 75-hour nursing aide training course is
responsible for program administration and for ensuring that program
requirements are met.
* The NATCEP has submitted an evaluation to the DIA indicating that an
adequate teaching and learning environment exists for conducting the course.
* The NATCEP has developed policies for communicating and resolving
problems encountered during the course, including notice by the facility to the
program instructor and students on how to contact the DIA to register any
concerns encountered during the course.
* The NATCEP shall require the program instructor and students to complete
an evaluation of the course. The instructor shall return the completed
evaluations to theNATCEP which shall return the evaluations to DIA.
Based on comments from the Department of Inspections and Appeals, the following
revisions were made to the Notice of Intended Action:
The revision to subrule 81.16(2), paragraph "b," subparagraph (3), was not
adopted, and the entire subparagraph (3) was rescinded as the provision
contained in the subparagraph is no longer used.
A revision to subrule 81.16(2), paragraph "b," subparagraph (2), was added to
reflect the change in policy regarding provision of training.
These amendments are intended to implement Iowa Code section 249A.4.
These amendments shall become effective December 1, 1998.
The following amendments are adopted.
ITEM 1. Amend rule 441--81.1(249A) by adopting the following
new definitions in alphabetical order:
"Nurse aide training and competency evaluation programs (NATCEP)" are
educational programs approved by the department of inspections and appeals for
nurse aide training as designated in subrule 81.16(3).
"Poor performing facility (PPF)" is a facility designated by the department of
inspections and appeals as a poor performing facility (PPF) based on surveys
conducted by the department of inspections and appeals pursuant to subrule
81.13(1). A facility shall be designated a PPF if it has been cited for
substandard quality of care on the current standard survey and it:
1. Has been cited for substandard quality of care or immediate jeopardy on at
least one of the previous two standard surveys;
2. Has a history of substantiated complaints during the last two years;
3. Has a current deficiency for not having a quality assurance program; or
4. Does not have an effective quality assurance program as defined in paragraph
81.13(19)"o."
ITEM 2. Amend subrule 81.16(2) as follows:
Amend subrule 81.16(2), paragraph "b," subparagraph (2),
introductory paragraph, as follows:
(2) The Except as provided by paragraph 81.16(2)"f,"
the department of inspections and appeals shall not approve a nurse aide
training and competency evaluation program or competency evaluation program
offered by or in a facility which, in the previous two years:
Rescind and reserve subrule 81.16(2), paragraph "b," subparagraph
(3).
Adopt the following new paragraph "f":
f. An exception to subparagraph 81.16(2)"b"(2) may be granted by the department
of inspections and appeals (DIA) for 75-hour nurse aide training courses
offered in (but not by) a facility under the following conditions:
(1) The facility has submitted Form 470-3494, Nurse Aide Education Program
Waiver Request, to the DIA to request a waiver for each 75-hour nurse aide
training course to be offered in (but not by) the facility.
(2) The 75-hour nurse aide training is offered in a facility by an approved
nurse aide training and competency evaluation program (NATCEP).
(3) No other NATCEP program is offered within 30 minutes' travel from the
facility, unless the facility can demonstrate the distance or program would
create a hardship for program participants.
(4) The facility is in substantial compliance with the federal requirements
related to nursing care and services.
(5) The facility is not a poor performing facility.
(6) Employees of the facility do not function as instructors for the program
unless specifically approved by DIA.
(7) The NATCEP sponsoring the 75-hour nursing aide training course is
responsible for program administration and for ensuring that program
requirements are met.
(8) The NATCEP has submitted an evaluation to the DIA indicating that an
adequate teaching and learning environment exists for conducting the course.
(9) The NATCEP has developed policies for communicating and resolving problems
encountered during the course, including notice by the facility to the program
instructor and students on how to contact the DIA to register any concerns
encountered during the course.
(10) The NATCEP shall require the program instructor and students to complete
an evaluation of the course. The instructor shall return the completed
evaluations to theNATCEP which shall return the evaluations to DIA.
[Filed 9/15/98, effective 12/1/98]
[Published 10/7/98]
EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 10/7/98.
ARC 8368A
INSURANCE DIVISION[191]
Adopted and Filed
Pursuant to the authority of Iowa Code sections 502.607 and 505.8, the Iowa
Insurance Division amends Chapter 1, "Organization of Division," Iowa
Administrative Code.
The Division has relocated its offices from the Lucas State Office Building to
a building located in the 300 block of East Maple in Des Moines, Iowa. The
amendments insert the Division's new address. Also, the Division is now able
to provide a dedicated public access room. The amendments establish procedures
for that public access room and related public access issues. Information
about the Division's operations is also being updated.
Notice of Intended Action was published in the April 8, 1998, Iowa
Administrative Bulletin as ARC 7910A. No comments were received, and
these amendments are identical to those published under the Notice of Intended
Action.
These amendments will become effective November 11, 1998.
These amendments are intended to implement Iowa Code sections 502.607 and
505.8.
EDITOR'S NOTE: Pursuant to recommendation of the Administrative Rules Review
Committee published in the Iowa Administrative Bulletin, September 10, 1986,
the text of these rules [1.1 to 1.3] is being omitted. These rules are
identical to those published under Notice as ARC 7910A, IAB 4/8/98.
[Filed 9/16/98, effective 11/11/98]
[Published 10/7/98]
[For replacement pages for IAC, see IAC Supplement 10/7/98.]
ARC 8367A
INSURANCE DIVISION[191]
Adopted and Filed
Pursuant to the authority of Iowa Code sections 523A.16 and 523E.16, the Iowa
Insurance Division amends Chapter 19, "Prearranged Funeral Contracts," Iowa
Administrative Code.
The amendments address an industry request for clarification on the appropriate
way to treat capital gains earned in trust accounts. Also, the amendments
update the consumer price index adjustments and add a six-month time frame to
withdraw interest.
Notice of Intended Action was published in the April 8, 1998, Iowa
Administrative Bulletin as ARC 7911A. No comments were received, and
these amendments are identical to those published under Notice of Intended
Action.
These amendments will become effective November 11, 1998.
These amendments are intended to implement Iowa Code sections 523A.1, 523A.16,
523E.1, and 523E.16.
The following amendments are adopted.
ITEM 1. Amend rule 191--19.2(523A,523E) by adding the following
new definition in alphabetical order:
"Interest" or "income" means, for purposes of Iowa Code sections 523A.1 and
523E.1, unrealized net appreciation or loss in the fair value of the trust's
assets for which a market value may be determined with reasonable certainty
plus the return in money or property derived from the use of trust principal or
income, net of investment losses, taxes and expenses incurred in the sale of
trust assets, any cost of the operation of the trust and any annual audit fee,
including returns received as:
1. Rent of real or personal property, including sums received for cancellations
or renewal of a lease and any royalties;
2. Interest on money lent, including sums received as consideration for
privilege of prepayment of principal;
3. Cash dividends paid on corporate stock;
4. Interest paid on deposit funds or debt obligations; and
5. Gain realized from the sale of trust assets.
ITEM 2. Amend rule 191--19.60(523A) as follows:
191--19.60(523A) Consumer price index adjustment. Pursuant to Iowa
Code Supplement section 523A.1, the administrator sets the
following amounts inflation adjustment factors for the
purpose of calculating the amount of interest or income earned on amounts
deposited in trust that must remain trust funds as an adjustment for
inflation:
1997 1.7%
1996 3.3%
1995 2.5%
1994 2.7%
1993 2.7%
1992 2.9%
1991 3.1%
1990 6.1%
1989 4.6%
1988 4.4%
1987 4.4%
Within 180 days after each calendar year, the seller shall calculate the
amount of the consumer price index adjustment by multiplying the inflation
adjustment factor for the preceding calendar year by the trust's market value
on January 1 of the preceding year (minus any contracts which have matured or
been canceled during the preceding year).
Within 180 days after each calendar year, the seller may withdraw from the
trust an amount equal to the aggregate interest and income credited to the
trust during the preceding calendar year, less the greater of:
1. One-half of the aggregate interest and income credited to the trust
during the preceding calendar year, or
2. An amount equal to the consumer price index adjustment for the preceding
year. Income distributions withdrawn from the trust shall be allocated to
those purchasers' accounts remaining in the trust at the end of the month in
which the distribution was made and on the basis that each such account's
income balance for that month bears to the aggregate income balances of all
such accounts. Within 240 days after each calendar year, any income not
withdrawn pursuant to this rule shall be allocated to purchasers' accounts
remaining in the trust at the end of the month in which the allocation was
made.
[Filed 9/16/98, effective 11/11/98]
[Published 10/7/98]
EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 10/7/98.
ARC 8382A
NURSING BOARD[655]
Adopted and Filed
Pursuant to the authority of Iowa Code sections 17A.3 and 147.76, the Iowa
Board of Nursing hereby adopts amendments to Chapter 6, "Nursing Practice for
Registered Nurses/Licensed Practical Nurses," Iowa Administrative Code.
These amendments expand the LPN scope of practice related to intravenous
therapy and modify the LPN scope of practice in the school setting.
These amendments were published in the Iowa Administrative Bulletin on July 15,
1998, as ARC 8145A. There was a public hearing held on September 2,
1998. These amendments are identical to those published under Notice of
Intended Action.
These amendments will become effective November 11, 1998.
These amendments are intended to implement Iowa Code section 152.1.
The following amendments are adopted.
ITEM 1. Amend subrule 6.2(5) by adopting the following
new paragraph "c" and relettering paragraphs "c"
and "d" as "d" and "e":
c. Using professional judgment in assigning and delegating activities and
functions to unlicensed assistive personnel. Activities and functions which
are beyond the scope of practice of the licensed practical nurse may not be
delegated to unlicensed assistive personnel.
ITEM 2. Amend subrule 6.3(2) as follows:
6.3(2) The licensed practical nurse shall participate in the nursing
process, consistent with accepted and prevailing practice, by assisting the
registered nurse or physician. A The licensed
practical nurse may assist the registered nurse in monitoring, observing and
reporting reactions to therapy. The licensed practical nurse may add
intravenous solutions without medications to established intravenous sites,
regulate the rate of nonmedicated intravenous solutions and discontinue
intravenous therapy. The licensed practical nurse shall not perform any
procedure/treatment requiring the knowledge and skill ascribed to the
registered nurse, including:
a. The initiation of intravenous solutions, intravenous medications and
blood components.
b. The administration of medicated intravenous solutions, intravenous
medications and blood components.
c. The initiation or administration of medications requiring the
knowledge or skill level currently ascribed to the registered
nurse.
ITEM 3. Amend rule 655--6.3(152) by adopting the following new
subrules 6.3(3) and 6.3(4) and renumbering subrules 6.3(3) to
6.3(7) as 6.3(5) to 6.3(9).
6.3(3) The licensed practical nurse shall not perform any activity
requiring the knowledge and skill ascribed to the registered nurse,
including:
a. The initiation of or assessment related to procedures/therapies requiring
the knowledge or skill level ascribed to the registered nurse.
b. The initiation of intravenous solutions, intravenous medications and blood
components.
c. The administration of medicated intravenous solutions, intravenous
medications and blood components.
d. The initiation or administration of medications requiring the knowledge or
skill level currently ascribed to the registered nurse.
6.3(4) A licensed practical nurse, under the supervision of a
registered nurse, may engage in the limited scope of practice of intravenous
therapy. In providing the limited scope of therapy, the licensed practical
nurse may add intravenous solutions without medications to established
peripheral intravenous sites, regulate the rate of nonmedicated intravenous
solutions, administer maintenance doses of analgesics via the
patient-controlled analgesic pump set at a lock-out interval, and discontinue
intravenous therapy. Nursing tasks which may be delegated in a
certified end-stage renal dialysis unit by the registered nurse to the licensed
practical nurse with documented training include:
a. Initiation and discontinuation of the hemodialysis treatment utilizing an
established vascular access.
b. The administration of local anesthetic prior to cannulation of the
peripheral vascular access site.
c. Administration of prescribed dosages of heparin solution or saline solution
utilized in the initiation and discontinuation of hemodialysis.
ITEM 4. Amend renumbered subrule 6.3(6), paragraphs "a" and
"b," as follows:
a. Community health. (Subrules 6.6(1) and 6.6(3)
6.6(4) are exceptions to the "proximate area" requirement.)
b. School nursing. (Subrule Subrules 6.6(2) and
6.6(3) is an exception are
exceptions to the "proximate area" requirement.)
ITEM 5. Amend rule 655--6.5(152) by adopting the following new
subrules 6.5(3), 6.5(4) and 6.5(5):
6.5(3) A licensed practical nurse who has completed a board-approved
intravenous therapy certification course offered by a board-approved provider
of continuing education shall be permitted to perform, in addition to the
functions set forth in subrule 6.3(4), procedures related to the expanded scope
of administration of intravenous therapy in a licensed hospital, licensed
skilled nursing facility and a certified end-stage renal dialysis unit. The
board-approved course shall incorporate the responsibilities of the nurse when
providing intravenous therapy to children, adults and elderly adults. When
providing intravenous therapy, the licensed practical nurse shall be under the
supervision of the registered nurse. Procedures which may be assumed if
delegated by the registered nurse are as follows:
a. Initiation of a peripheral intravenous line for continuous or intermittent
therapy using an intermittent infusion device or a therapy cannula not to
exceed three inches in length.
b. Administration via peripheral lines, after the first dose has been
administered by the registered nurse, of premixed electrolyte solutions or
premixed vitamin solutions. The solutions must be prepackaged by the
manufacturer or premixed and labeled by a registered pharmacist or registered
nurse.
c. Administration via peripheral lines, after the first dose has been
administered by the registered nurse, of solutions containing potassium
chloride that do not exceed 40 meq per liter and at a rate that does not exceed
10 meq per hour. The solutions must be prepackaged by the manufacturer or
premixed and labeled by a registered pharmacist or registered nurse.
d. Administration via peripheral lines, after the first dose has been
administered by the registered nurse, of intravenous antibiotic solutions
prepackaged by the manufacturer or premixed and labeled by a registered
pharmacist or registered nurse.
e. Maintenance of the patency of peripheral intravenous lines with heparin
irrigation solution or normal saline irrigation solution.
6.5(4) Acts which may not be delegated by the registered nurse to the
licensed practical nurse are as follows:
a. Administration of medication by bolus or IV push except maintenance doses of
analgesics via a patient-controlled analgesia pump set at a lock-out
interval.
b. Administration of blood and blood products; vasodilators, vasopressors,
oxytoxics, chemotherapy, colloid therapy, total parenteral nutrition,
hypertonic solutions, anticoagulants, antiarrhythmics, and thrombolytics.
c. Initiation of infusion pumps.
d. Provision of intravenous therapy to a client under the age of 12 or any
client weighing less than 80 pounds, with the exception of those activities
authorized in the limited scope of practice found in subrule 6.3(4).
e. Provision of intravenous therapy in any setting except licensed hospitals,
licensed skilled nursing facilities and certified end-stage renal dialysis
units with the exception of those activities authorized in the limited scope of
practice found in subrule 6.3(4).
6.5(5) To be eligible for intravenous therapy certification, the
licensee shall hold a current unrestricted Iowa license and documentation of
2080 hours of practice as a licensed practical nurse.
ITEM 6. Amend rule 655--6.6(152) by adopting the following new
subrule 6.6(2) and renumbering subrules 6.6(2) and 6.6(3) as
6.6(3) and 6.6(4):
6.6(2) The licensed practical nurse shall be permitted to provide
supportive and restorative care to a specific student in the school setting in
accordance with the student's health plan when under the supervision of and as
delegated by the registered nurse employed by the school district.
[Filed 9/17/98, effective 11/11/98]
[Published 10/7/98]
EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 10/7/98.
ARC 8385A
PERSONNEL DEPARTMENT[581]
Adopted and Filed
Pursuant to the authority of Iowa Code section 97B.15, the Iowa Department of
Personnel hereby amends Chapter 21, "Iowa Public Employees' Retirement System,"
Iowa Administrative Code.
Notice of Intended Action was published in the Iowa Administrative Bulletin on
July 1, 1998, as ARC 8126A. No public comment was received on the
proposed amendments. In addition, the proposed amendments were simultaneously
Adopted and Filed Emergency as ARC 8127A. The following amendments are
identical to those published under the Notice of Intended Action and Adopted
and Filed Emergency.
1. Subrule 21.6(9) is amended by adopting new contribution rates for the
special service groups covered under IPERS; by terminating protection
occupation coverage of parole officer III and probation officer III classes as
of June 30, 1998 (required by 1998 Iowa Acts, House File 2496); by striking
references to previous contribution rates; and by changing the state tax
treatment of employee contributions from posttax to pretax effective January 1,
1999 (also required by 1998 Iowa Acts, House File 2496).
2. Subrule 21.11(6) is amended to clarify IPERS' practices regarding the
effective date when determining eligibility for retroactive payments.
3. Subrule 21.11(7) is amended to eliminate prorating the final month of
benefits payable to a member who dies. The amendment provides that the entire
final month is payable to the member and that monthly benefits payable to
beneficiaries begin with the next month.
4. Subrule 21.11(9), third unnumbered paragraph, is amended to clarify that a
member may be elected to a public office, retire from a different covered
position, and assume the public office during the four-month period following
retirement without violating the system's bona fide retirement rules.
5. New subrule 21.24(9) is adopted in order for IPERS to comply with federal
legal requirements relating to the purchase of additional service credit.
These amendments become shall become effective November 11, 1998, at which time
the Adopted and Filed Emergency amendments are hereby rescinded.
These amendments are intended to implement Iowa Code chapter 97B.
EDITOR'S NOTE: Pursuant to recommendation of the Administrative Rules Review
Committee published in the Iowa Administrative Bulletin, September 10, 1986,
the text of these rules [21.6(9), 21.11, 21.24(9)] is being omitted. These
rules are identical to those published under Notice as ARC 8126A, IAB
7/1/98.
[Filed 9/7/98, effective 11/11/98]
[Published 10/7/98]
[For replacement pages for IAC, see IAC Supplement 10/7/98.]
arc 8379a
PROFESSIONAL LICENSURE DIVISION[645]
BOARD OF ATHLETIC TRAINING EXAMINERS
Adopted and Filed
Pursuant to the authority of Iowa Code section 147.76, the Iowa Board of
Athletic Training Examiners amends Chapter 350, "Athletic Trainer," Chapter
355, "Petitions for Rule Making," Chapter 356, "Declaratory Rulings," Chapter
357, "Agency Procedure for Rule Making," and Chapter 358, "Public Records and
Fair Information Practices," Iowa Administrative Code.
The amendments provide language converting the existing advisory board for
athletic training into full regulatory examining board status.
Notice of Intended Action was published in the July 15, 1998, Iowa
Administrative Bulletin as ARC 8153A. A public hearing was held on
August 5, 1998, from 1 to 3 p.m. in the Fourth Floor Conference Room, Side 1,
Lucas State Office Building, Des Moines, Iowa. No written or verbal comments
were received. These amendments are identical to the ones published under
Notice of Intended Action.
The Board has determined that the amendments will have no impact on small
business within the meaning of Iowa Code section 17A.31C.
These amendments were adopted by the Board on September 15, 1998.
These amendments will become effective on November 11, 1998.
These amendments are intended to implement Iowa Code chapter 147 as amended by
1998 Iowa Acts, Senate File 2269, and chapters 152D and 272C.
EDITOR'S NOTE: Pursuant to recommendation of the Administrative Rules Review
Committee published in the Iowa Administrative Bulletin, September 10, 1986,
the text of these amendments [amendments to Chs 350, 355 to 358] is being
omitted. These amendments are identical to those published under Notice as
ARC 8153A, IAB 7/15/98.
[Filed 9/17/98, effective 11/11/98]
[Published 10/7/98]
[For replacement pages for IAC, see IAC Supplement 10/7/98.]
ARC 8397A
PUBLIC HEALTH DEPARTMENT[641]
Adopted and Filed
Pursuant to the authority of Iowa Code Supplement section 135.11, subsection
24, as amended by 1998 Iowa Acts, House File 2369, section 1, and 1998 Iowa
Acts, House File 2527, section 60, the Iowa Department of Public Health hereby
amends Chapter 11, "Acquired Immune Deficiency Syndrome (AIDS)," Iowa
Administrative Code.
This action is necessary as a consequence of amendments to Iowa Code Supplement
section 135.11, subsection 24, made by 1998 Iowa Acts, House File 2369, and
1998 Iowa Acts, House File 2527.
These new rules describe the procedures to follow for testing a convicted
offender for the human immunodeficiency virus pursuant to Iowa Code chapter
709B and the procedures to follow for testing an alleged offender for the human
immunodeficiency virus pursuant to Iowa Code chapter 709B. The rules describe
procedures for the provision of counseling, health care, and support services
to the victim.
Notice of Intended Action was published in the Iowa Administrative Bulletin on
July 15, 1998, as ARC 8168A. A public hearing was held August 4, 1998,
at 10 a.m. in theLucas State Office Building. At this hearing there were no
individuals who appeared to comment on the proposed rules. These rules are
identical to those that were published under Notice of Intended Action.
These rules were adopted by the Board of Health on September 9, 1998.
These rules will become effective November 11, 1998.
These rules are intended to implement 1998 Iowa Acts, House File 2369, and 1998
Iowa Acts, House File 2527.
Rescind the segment entitled "HIV-Related Tests for Convicted Sexual Assault
Offenders and the Victims" which includes rules 641--11.70(709B) through
641--11.73(709B) and adopt the following new segment in
lieu thereof:
HIV-RELATED TEST FOR CONVICTED OR ALLEGED SEXUAL-ASSAULT OFFENDERS AND
THE VICTIMS
641--11.70(709B) Purpose. The purpose of these rules is to describe
procedures to follow for testing of a convicted or alleged offender for the
human immunodeficiency virus pursuant to 1998 Iowa Acts, House File 2369, and
1998 Iowa Acts, House File 2527, and to establish procedures to follow to
provide for counseling, health care, and support services to the victim.
641--11.71(709B) Definitions. For the purpose of these rules, the following
definitions shall apply:
"AIDS" means acquired immune deficiency syndrome as defined by the Centers for
Disease Control and Prevention of the United States Department of Health and
Human Services.
"Alleged offender" means a person who has been charged with the commission of a
sexual assault or a juvenile who has been charged in juvenile court with being
a delinquent as a result of actions that would constitute a sexual assault.
"Authorized representative" means an individual authorized by the victim to
request an HIV test of a convicted or alleged offender who is any of the
following:
1. The parent, guardian, or custodian of the victim if the victim is a
minor.
2. The physician of the victim.
3. The victim counselor or person requested by the victim who is authorized to
provide the counseling required pursuant to Iowa Code section 141.22.
4. The victim's spouse.
5. The victim's legal counsel.
"Convicted offender" means a person convicted of a sexual assault or a juvenile
who has been adjudicated delinquent for an act of sexual assault.
"Department" means the Iowa department of public health.
"Division" means the crime victims assistance division of the office of the
attorney general.
"HIV" means the human immunodeficiency virus identified as the causative agent
of AIDS.
"HIV test" means a positive result for the HIV antibody, a positive result for
HIV nucleic acid, a positive result for p24 antigen, or a positive result for
HIV virus isolation.
"Petitioner" means a person who is the victim of a sexual assault which
resulted in alleged significant exposure, or the parent, guardian, or custodian
of a victim if the victim is a minor, for whom the county attorney files a
petition with the district court to require the convicted offender to undergo
an HIV test.
"Sexual assault" means sexual abuse as defined in Iowa Code section 709.1, or
any other sexual offense by which a victim has allegedly had sufficient contact
with a convicted or an alleged offender to be deemed a significant exposure.
"Significant exposure" means contact of the victim's ruptured or broken skin or
mucous membranes with the blood or body fluids, other than tears, saliva, or
perspiration, of the convicted or alleged offender. "Significant exposure" is
presumed to have occurred when there is a showing that there was penetration of
the convicted or alleged offender's penis into the victim's vagina or anus,
contact between the mouth and genitalia, or contact between the genitalia of
the convicted or alleged offender and the genitalia or anus of the victim.
"Victim" means a petitioner or a person who is the victim of a sexual assault
which resulted in significant exposure, or the parent, guardian, or custodian
of such a victim if the victim is a minor, for whom the victim or the peace
officer files an application for a search warrant to require the alleged
offender to undergo an HIV test. "Victim" includes an alleged victim.
"Victim counselor" means a person who is engaged in a crime victim center as
defined in Iowa Code section 236A.1, who is certified as a counselor by the
crime victim center, and who has completed at least 20 hours of training
provided by the Iowa coalition against sexual assault or a similar agency.
641--11.72(709B) HIV test--convicted or alleged sexual assault
offender.
11.72(1) Unless a petitioner chooses to be represented by private
counsel, the county attorney shall represent the victim's interest in all
proceedings under Iowa Code chapter 709B.
11.72(2) If a person is convicted of sexual assault or adjudicated
delinquent for an act of sexual assault, the county attorney, if requested by
the petitioner, shall petition the court for an order requiring the convicted
offender to submit to an HIV test, provided that all of the following
conditions are met:
a. The sexual assault for which the offender was convicted or adjudicated
delinquent included sufficient contact between the victim and the convicted
offender to be deemed a significant exposure pursuant to 641--11.71(709B).
b. The authorized representative of the petitioner, the county attorney, or the
court sought to obtain written informed consent to the testing from the
convicted offender.
c. Written informed consent was not provided by the convicted offender.
11.72(3) If a person is an alleged offender, the county attorney, if
requested by the victim, shall make application to the court for the issuance
of a search warrant, in accordance with Iowa Code chapter 808, for the purpose
of requiring the alleged offender to submit to an HIV test, if all of the
following conditions are met:
a. The applicant states that the victim believes that the sexual assault for
which the alleged offender is charged included sufficient contact between the
victim and the alleged offender to be deemed a significant exposure pursuant to
641--11.71(709B) and states the factual basis for the belief that a
significant exposure exists.
b. The authorized representative of the victim, the county attorney, or the
court sought to obtain written informed consent to the testing from the alleged
offender.
c. Written informed consent was not provided by the alleged offender.
11.72(4) Upon receipt of the petition or application, the court
shall:
a. Prior to the scheduling of a hearing, refer the victim for counseling by a
victim counselor or a person requested by the victim who is authorized to
provide the counseling required pursuant to Iowa Code section 141.22, regarding
the nature, reliability and significance of the HIV test and of any test
results of the convicted offender. The counselor shall have a certificate of
attendance from the department of public health-sponsored workshop on HIV
serologic test counseling.
b. Schedule a hearing to be held as soon as is practicable.
c. Cause written notice to be served on the convicted or alleged offender who
is the subject of the proceeding, in accordance with the Iowa Rules of Civil
Procedure relating to the service of original notice, or if the convicted or
alleged offender is represented by legal counsel, provide written notice to the
convicted or alleged offender and the convicted or alleged offender's legal
counsel.
d. Provide for the appointment of legal counsel for a convicted or alleged
offender if the convicted or alleged offender desires but is financially unable
to employ counsel.
e. Furnish legal counsel with copies of the petition or application, written
informed consent, if obtained, and copies of all other documents related to the
petition or application, including, but not limited to, the charges and
orders.
11.72(5) A hearing under these rules shall be conducted in an informal
manner consistent with orderly procedure and in accordance with the Iowa Rules
of Evidence.
a. The hearing shall be limited in scope to the review of questions of fact
only as to the issue of whether the sexual assault for which the offender was
convicted or adjudicated delinquent or for which the alleged offender was
charged provided sufficient contact between the victim and the convicted or
alleged offender to be deemed a significant exposure, and to questions of
law.
b. In determining whether the contact should be deemed a significant exposure
for a convicted offender, the court shall base the determination on the
testimony presented during the proceedings on the sexual assault charge, the
minutes of the testimony or other evidence included in the court rec-ord, or if
a plea of guilty was entered, based upon the complaint or upon testimony
provided during the hearing. In determining whether the contact should be
deemed a significant exposure for an alleged offender, the court shall base the
determination on the application and the factual basis provided in the
application for the belief of the applicant that a significant exposure
exists.
c. The victim may testify at the hearing, but shall not be compelled to
testify. The court shall not consider the refusal of a victim to testify at
the hearing as material to the court's decision regarding issuance of an order
or search warrant requiring testing.
d. The hearing shall be in camera unless the convicted or alleged offender and
the petitioner or victim agree to a hearing in open court and the court
approves. The report of the hearing proceedings shall be sealed and no report
of the proceeding shall be released to the public, except with the permission
of all parties and the approval of the court.
e. Stenographic notes or electronic or mechanical recording shall be taken of
all court hearings unless waived by the parties.
11.72(6) Following the hearing, the court shall require a convicted or
alleged offender to undergo an HIV test only if the petitioner or victim proves
all of the following by a preponderance of evidence.
a. The sexual assault constituted a significant exposure.
b. An authorized representative of the petitioner, the county attorney, or the
court sought to obtain written informed consent from the convicted or alleged
offender.
c. Written informed consent was not provided by the convicted or alleged
offender.
11.72(7) A convicted offender who is required to undergo an HIV test
may appeal to the court for review of questions of law only, but may appeal
questions of fact if the findings of fact are clearly erroneous.
641--11.73(709B) Medical examination costs. The cost of a medical
examination for the purpose of gathering evidence and the cost of treatment for
the purpose of preventing venereal disease shall be paid from the victim
compensation fund as established in Iowa Code chapter 709B, and 1998 Iowa Acts,
House File 2527, section 55. Information is available from the department of
justice, crime victim assistance program, telephone (515)281-5044.
641--11.74(709B) Testing, reporting, and counseling-- penalties.
11.74(1) The physician or other practitioner who orders the test of a
convicted or alleged offender for HIV under Iowa Code chapter 709B shall
disclose the results of the test to the convicted or alleged offender, and to
the victim counselor or a person requested by the victim who is authorized to
provide the counseling required pursuant to Iowa Code section 141.22, who shall
disclose the results to the petitioner.
11.74(2) All testing under this chapter shall be accompanied by pretest
and posttest counseling as required under Iowa Code section 141.22. The
department of public health may be contacted for brochures that may assist in
meeting the requirements of Iowa Code section 141.22.
11.74(3) Subsequent testing arising out of the same incident of
exposure shall be conducted in accordance with the procedural and
confidentiality requirements of 641-- 11.70(709B) to 641--11.74(709B).
11.74(4) Results of a test performed under 641-- 11.70(709B) to
641--11.74(709B), except as provided in subrule 11.74(6), shall be disclosed
only to the physician or other practitioner who orders the test of the
convicted or alleged offender, the convicted or alleged offender, the victim,
the victim counselor or person requested by the victim who is authorized to
provide the counseling required pursuant to Iowa Code section 141.22, the
physician of the victim if requested by the victim, the parent, guardian, or
custodian of the victim, if the victim is a minor, and the county attorney who
filed the petition for the HIV testing under 641-- 11.70(709B) to
641--11.74(709B), who may use the results to file charges of criminal
transmission of HIV. Results of a test performed under these rules shall not
be disclosed to any other person without the written, informed consent of the
convicted or alleged offender. A person to whom the results of a test have
been disclosed under 641-- 11.70(709B) to 641--11.74(709B) is subject to the
confidentiality provision of Iowa Code section 141.23, and shall not disclose
the results to another person except as authorized by Iowa Code section 141.23,
subsection 1.
11.74(5) If HIV testing is ordered under 641-- 11.70(709B) to
641--11.74(709B), the court shall also order periodic testing of the convicted
offender during the period of incarceration, probation, or parole or of the
alleged offender during a period of six months following the initial test if
the physician or other practitioner who ordered the initial test of the
convicted or alleged offender certifies that, based upon prevailing scientific
opinion regarding the maximum period during which the results of an HIV test
may be negative for a person after being HIV-infected, additional testing is
necessary to determine whether the convicted or alleged offender was
HIV-infected at the time the sexual assault or alleged sexual assault was
perpetrated. The results of the test conducted pursuant to subrule 11.74(6)
shall be released only to the physician or other practitioner who orders the
test of the convicted or alleged offender, the convicted or alleged offender,
the victim counselor or person requested by the victim who is authorized to
provide the counseling required pursuant to Iowa Code section 141.22, who shall
disclose the results to the petitioner, the physician of the victim if
requested by the victim and the county attorney who may use the results as
evidence in the prosecution of the sexual assault or in the prosecution of the
offense of criminal transmission of HIV.
11.74(6) The court shall not consider the disclosure of an alleged
offender's serostatus to an alleged victim, prior to conviction, as a basis for
a reduced plea or reduced sentence.
11.74(7) The fact that an HIV test was performed under 641--11.70(709B)
to 641--11.74(709B) and the results of the tests shall not be included in the
convicted offender's medical or criminal record unless otherwise included in
department of corrections records.
11.74(8) The fact that an HIV test was performed under 641--11.70(709B)
to 641--11.74(709B) and the results of the test shall not be used as a basis
for further prosecution of a convicted offender in relation to the incident
which is the subject of the testing, to enhance punishments, or to influence
sentencing.
11.74(9) If the serologic status of a convicted offender, which is
conveyed to the victim, is based upon an HIV test other than a test which is
authorized as a result of theprocedures established in 641--11.70(709B) to
641-- 11.74(709B), legal protections which attach to such testing shall be the
same as those which attach to an initial test under 641--11.70(709B) to
641--11.74(709B), and the rights to a predisclosure hearing and to appeal
provided under 1998 Iowa Acts, House File 2527, section 35, shall apply.
11.74(10) HIV testing required under 641--11.70(709B) to
641--11.74(709B) shall be conducted by the state hygienic laboratory.
11.74(11) Notwithstanding the provision of these rules requiring
initial testing, if a petition is filed with the court under 1998 Iowa Acts,
House File 2527, section 35, requesting an order for testing and the order is
granted, and if a test has previously been performed on the convicted offender
while under the control of the department of corrections, the test results
shall be provided in lieu of the performance of an initial test of the
convicted offender, in accordance with 641-- 11.70(709B) to
641--11.74(709B).
11.74(12) Test results shall not be disclosed to a convicted offender
who elects against disclosure.
11.74(13) In addition to the counseling received by a victim, referral
to appropriate health care and support services shall be provided. Referral
information is available at state alternate test sites. Alternate test site
information is available from the Iowa department of public health, STD/HIV
prevention program, telephone (515)281-4936.
11.74(14) In addition to persons to whom disclosure of the results of a
convicted or alleged offender's HIV test results is authorized under these
rules, the victim may also disclose the results to the victim's spouse, persons
with whom the victim has engaged in vaginal, anal, or oral intercourse
subsequent to the sexual assault, or members of the victim's family within the
third degree of consanguinity.
11.74(15) A person to whom disclosure of a convicted offender's HIV
test results is authorized under these rules shall not disclose the results to
any other person for whom disclosure is not authorized under these rules. A
person who intentionally or recklessly makes an unauthorized disclosure in
violation of this subrule is subject to a civil penalty of $1000. The attorney
general or the attorney general's designee may maintain a civil action to
enforce these rules. Proceedings maintained under this subrule shall provide
for the anonymity of the test subject, and all documentation shall be
maintained in a confidential manner.
These rules are intended to implement 1998 Iowa Acts, House File 2527, and 1998
Iowa Acts, House File 2369.
[Filed 9/18/98, effective 11/11/98]
[Published 10/7/98]
EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 10/7/98.
ARC 8401A
PUBLIC HEALTH DEPARTMENT[641]
Adopted and Filed
Pursuant to the authority of Iowa Code section 135.11(13) and 1998 Iowa Acts,
Senate File 2280, section 5(4)"c," the Iowa Department of Public Health hereby
rescinds Chapter 79, "Public Health Nursing," and adopts a new Chapter 79 with
the same title.
These rules describe the standards to be used in the provision of services to
low-income and elderly persons to avoid inappropriate institutionalization and
to prevent illness and promote health and wellness in communities. These rules
meet the requirements of 1998 Iowa Acts, Senate File 2280, sections 5(4)"c"(1)
and (4).
Notice of Intended Action was published in the July 15, 1998, Iowa
Administrative Bulletin as ARC 8171A. A public hearing was conducted on
August 4, 1998, using the Iowa Communications Network, with 14 in attendance at
seven of ten available sites. Written and oral comments were received from
eight people representing public health nursing contractor agencies. Many
comments received supported the rules as written; however, the following
changes were made in response to comments received:
In the definition of "Public health nurse," the Department deleted "(in which
a course in community health nursing must be completed)" to respond partially
to requests to reduce the noticed standard for a public health nurse. Elevated
education for public health nurse is supported by the Department as a standard
for the high level of independent functioning required for population-based and
public health services.
A definition for "Population-based services" was added at the request of
contractors.
In 79.9(4) the words "for home care services" were deleted to allow state funds
as last resort to apply to any and all public health nursing activities
provided.
These rules will become effective on November 11, 1998.
These rules are intended to implement Iowa Code section 135.11.
The following amendment is adopted.
Rescind 641--Chapter 79 and insert the following new
chapter in lieu thereof:
CHAPTER 79
PUBLIC HEALTH NURSING
641--79.1(135) Program purpose. The purposes of the public health
nursing program are the prevention of illness, the promotion of health and
wellness in the community and the prevention or reduction of inappropriate
institutionalization of low-income and elderly persons.
Public health nursing synthesizes the body of knowledge from the public health
sciences and professional nursing theories for the purpose of improving the
health of the entire community. The dominant responsibility is the population
as a whole. Therefore, nursing directed holistically to individuals, families,
or groups contributes to the health of the total population. This goal lies at
the heart of primary prevention, health promotion and protection, and is the
foundation for public health nursing practice.
641--79.2(135) Definitions. For the purpose of these rules, unless
otherwise defined, the following definitions apply:
"Administrative expense" means general overall administrative expenses not
specific to the program. No more than 5 percent of the state funds received
shall be used for administrative expenses.
"Board of health" means a county, city or district board of health as defined
in Iowa Code section 137.2.
"Contractor" means a board of health or board of supervisors as agreed upon by
the county board of supervisors and any local boards of health in the
county.
"Core public health functions" means the functions of community health
assessment, policy development, and assurance.
1. Assessment: regular collection, analysis, interpretation, and communication
of information about health conditions, risks, and assets in a community.
2. Policy development: development, implementation, and evaluation of plans
and policies, for public health in general and priority health needs in
particular, in a manner that incorporates scientific information and community
values and in accordance with state public health policy.
3. Assurance: ensuring, by encouragement, regulation, or direct action, that
programs and interventions that maintain and improve health are carried out.
"Department" means the Iowa department of public health.
"Disease and disability client" means a person who is receiving nursing
intervention under a specified medical diagnosis(es) and who has a plan of care
from a licensed physician.
"Elderly" means persons 60 years of age and over.
"Essential public health services" means those activities carried out by public
health entities that fulfill the core functions.
"Health and wellness" means a state of well-being, which includes soundness of
mind, body, and spirit, and the presence of a positive capacity to develop
one's potential and to lead an energetic, fulfilling, and productive life.
"Health promotion" means teaching or nursing intervention that emphasizes self
and environmental awareness and promotes a life-style change that will result
in optimal health and wellness.
"Income" means all sources of revenue for the client, spouse and dependent
members of the household.
"Low income" means a person whose income is not greater than the current
federal Supplemental Security Income guidelines and whose resources are not
greater than $10,000.
"Nonprofit" means an entity that meets the requirements for tax-exempt status
under the United States Internal Revenue Code.
"Population-based services" means activities provided by public health nursing,
for problems defined and solutions proposed as concerned with the status of
population groups and their environment, as opposed to individuals.
"Public health nurse" means a registered nurse who is licensed by the Iowa
board of nursing and who has a baccalaureate degree in nursing or related
health or human service area or has completed a community health nursing course
from a baccalaureate program in an accredited college or university. The
public health nurse has knowledge of prevention, health promotion and community
health nursing and public health concepts.
"Quality assurance" means a method of review using the following process to
ensure that quality care is being delivered:
1. Comparison of practice against written criteria;
2. Identification of strengths, deficiencies, and opportunities for
improvement; and
3. Introduction of changes in the system based on information identified.
"Resources" means assets owned by a person that the person is not legally
restricted from using and that could be converted to cash to be used for
support and maintenance.
"Skilled nursing care" means services that require the skills of a licensed
registered nurse according to 655--Chapter 6, Iowa Administrative Code.
"Sliding fee scale" means a scale of client fee responsibility based on the
person's ability to pay all or a portion of the cost of service.
641--79.3(135) Public health nursing responsibility. Public health
nurses are responsible for providing leadership to safeguard the health and
wellness of the community. This responsibility is met through participation in
the implementation of the core public health functions: assessment, policy
development and assurance and the essential public health services.
641--79.4(135) Appropriation.
79.4(1) Formula. The appropriation to each county is determined by the
following formula. One-fourth of the total amount to be allocated shall be
divided so that an equal amount is available for use in each county in the
state. Three-fourths of the total amount to be allocated shall be divided so
that the share available for use in each county is proportionate to the number
of elderly and low-income persons living in that county in relation to the
total number of elderly and low-income persons living in the state.
79.4(2) Reallocation process. Annually, by June 1, the department will
determine the amount of unused funds from contracts with counties. If the
unallocated pool is $50,000 or more, it shall be reallocated to the counties in
substantially the same manner as the original allocations. If the unallocated
pool is less than $50,000 for the fiscal year, the department may allocate the
moneys to counties with demonstrated special needs for public health
nursing.
641--79.5(135) Utilization of appropriation. The contractor may choose
to utilize the funds directly or through subcontracts with governmental or
nonprofit agencies. When the services are not provided directly by the
contractor, the assignment of responsibilities to each agency must be clearly
documented in a contract. All such subcontracts must be approved in advance by
the department. When the services are provided by more than one agency, the
contractor shall evaluate the degree to which the combination of the services
meets the identified public health needs of the community. No more than 5
percent of the state funds received shall be used for administrative
expenses.
79.5(1) Priorities. Utilization of state funds shall be based on the
identified needs and assets of the target populations. Emphasis shall be
placed on core public health functions and essential services. Priorities of
service are communicable disease control, risk reduction and health promotion,
and assurance of care for clients with disease or disability.
79.5(2) Alternate plan. A county may submit to the department a
plan for an alternate utilization of the funding which provides for ensuring
the delivery of existing services and the essential public health services
based on an assessment of community needs and targeted populations to be served
under the alternate plan. The department may establish demonstration projects
which provide for an alternate allocation of funds based upon the proposed plan
to provide essential public health services as determined by the community
health assessment and targeted populations to be served. The request for an
alternate plan and demonstration project shall be included in the grant
application.
641--79.6(135) Client eligibility. Every Iowan shall be eligible for
nursing service when assessment identifies the need for such service and
adequate resources exist to provide the service. Each contractor shall have
policies for admission and discharge of clients.
641--79.7(135) Contractor requirements. In order to receive these
state funds, the contractor shall meet the following requirements:
1. Operate in conformity with federal, state, and local laws and
regulations.
2. Employ an administrator to whom authority and responsibility for overall
administration are delegated.
3. Ensure a personnel management system.
4. Ensure that skilled nursing care to disease and disability clients is
provided by a home health agency certified by the health insurance benefits
program (Medicare).
5. Maintain administrative and fiscal accountability through contractor records
which include, at a minimum, policies, board minutes and reports, service
statistics, and accounting records which indicate all accrued revenue, income
and expenses. The contractor shall submit statistical reports identified in
the contract from the department.
6. Maintain clinical records appropriate to the level of service for each
client who receives public health nursing service. The contractor shall
provide for appropriate safety and security of the clinical records.
7. Provide authorized representatives of the department access to all
administrative, fiscal, personnel, and client rec-ords. The clinical record is
considered confidential and the department representatives will respect that
confidentiality.
8. Ensure program standards which include outcomes, objectives and priorities
for all services.
9. Ensure that population-based services are supervised by a public health
nurse within two years of the effective date of these rules.
10. Provide services based on identified assets and priority needs of the
community.
641--79.8(135) Quality assurance program. Each contractor shall have a
written plan for quality assurance for the program. Quality assurance shall
include but is not limited to provider qualification and performance, program
evaluation, and plan for quality improvement.
641--79.9(135) Billing services to state grant. These grant funds
shall be billed at the lower of the cost or usual charge as approved in the
grant contract. Clients whose services are not covered by third-party
reimbursement shall be billed according to the contractor's sliding fee scale.
The state may be billed the portion not covered by the client's fee up to the
approved contract rate. The specific process for expenditure and billing of
state funds shall be described in the contract. Services charged to and paid
or credited by another third-party payer shall not be vouched to state
funds.
79.9(1) Cost analysis. Each contractor shall complete, at least
annually, a cost analysis using a cost methodology approved by the department.
Reimbursement by the department to the contractor for the fiscal year shall be
based on the state-approved rate and contractual conditions.
79.9(2) Sliding fee scale. A full fee and a sliding fee scale based on
contractor charge shall be established and used for those persons able to pay
all or a part of the cost of service. Income and resources shall be considered
in the application of the sliding fee scale. A client whose income is at or
above 185 percent of the federal poverty level shall be charged a fee.
Additional circumstances beyond basic living expenses may be taken into account
according to contractor policy when determining the client fee. The placement
on the sliding fee scale shall be determined before service begins and shall be
reviewed at least annually. Payments received from clients based on sliding
fee scales and donations shall be used to support nursing services.
79.9(3) No fee service. A low-income person as defined in these rules
shall be provided the service at no fee. For each additional member of the
household, the annual income shall be increased according to current social
security income guidelines.
79.9(4) Funder of last resort. The state shall not be billed for
services eligible for third-party reimbursement, e.g., Medicare, Medicaid, or
insurance, or for the contractor cost above the allowed reimbursement from the
third-party payer. Contractors shall review all funding options available
before utilizing state grant funding.
641--79.10(135) State responsibilities. Technical assistance and
consultation will be provided to the contractor by the regional community
health consultants of the community services bureau of the Iowa department of
public health. Additional technical assistance and consultation will be
available from the chief of the community services bureau, other bureaus of the
family and community health division and other divisions of the department.
641--79.11(135) Right to appeal.
79.11(1) Local appeal. All contractors shall have a written local
procedure to hear appeals. Whenever a contractor denies, reduces or terminates
services eligible to be funded by the state grant against the wishes of a
participant, the contractor shall notify the participant of the action, of the
reason for the action, and of the participant's right to appeal. Service need
not be provided during the appeal process. The local procedure shall at a
minimum include the method of notification of the right to appeal, the
procedure for conducting the appeal, the time frame limits for each step, and
the method of notification of the outcome of the local appeal and notification
of the participant's right to appeal to the state. Notifications of the
outcome of the local appeal shall include the facts used to reach a decision
and the conclusions drawn from the facts to support the local contractor
decision. The written appeals procedure and the record of appeals filed
(including the record and disposition of each) shall be available for
inspection by authorized Iowa department of public health representatives.
79.11(2) Appeal to department. If a participant is dissatisfied with
the decision of the local appeal, the participant may appeal to the state. The
appeal shall be made in writing by certified mail, return receipt requested, to
the Division Director, Division of Family and Community Health, Iowa Department
of Public Health, Lucas State Office Building, Des Moines, Iowa 50319-0075,
within 15 days following the local contractor's appeal decision.
79.11(3) Department review. The department shall evaluate the appeal
based upon the merits of the local appeal documentation. A decision affirming,
reversing, or modifying the local appeal decision will be issued by the
department within ten days of the receipt of the appeal. The decision shall be
in writing and shall be sent by certified mail, return receipt requested, to
the participant and the contractor.
79.11(4) Further appeal. The department's decision may be appealed by
submitting an appeal, within ten days of the receipt of the department
decision, to the Division Director, Division of Family and Community Health,
Iowa Department of Public Health, Lucas State Office Building, Des Moines, Iowa
50319-0075. Upon receipt of an appeal that meets contested case status, the
department shall forward the appeal within five working days to the department
of inspections and appeals pursuant to the rules adopted by that agency
regarding the transmission of contested cases. The continued process for
appeal shall be governed by 641--Chapter 173, Iowa Administrative Code.
These rules are intended to implement Iowa Code section 135.11(13).
[Filed 9/18/98, effective 11/11/98]
[Published 10/7/98]
EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 10/7/98.
ARC 8400A
PUBLIC HEALTH DEPARTMENT[641]
Adopted and Filed
Pursuant to the authority of Iowa Code sections 10A.202(1)"g," 10A.402(4), and
135.11(13) and 1998 Iowa Acts, Senate File 2280, section 5, subsection 4,
paragraph "c," the Iowa Department of Public Health hereby rescinds Chapter 80,
"Home Care Aide," Iowa Administrative Code, and adopts a new chapter with the
same title.
These rules describe the standards to be used in the provision of services to
low-income persons and the elderly to avoid inappropriate institutionalization
and to families to preserve the family. The rules meet the requirements of
1998 Iowa Acts, Senate File 2280, section 5(4)"c"(2) and (4).
Notice of Intended Action was published in the July 15, 1998, Iowa
Administrative Bulletin as ARC 8170A. A public hearing was conducted on
August 4, 1998, using the Iowa Communications Network, with 14 persons
attending at seven of ten available sites. Written and oral comments were
received from nine people representing home care aide contractor agencies and a
county board of supervisors. Most of the comments received were supportive of
the rules as written. In addition, a request for clarification of eligibility
implications was made and a concern regarding a reduction of the educational
requirements for the paraprofessional was shared. Since local contractors can
define eligibility and can establish higher educational requirements for their
paraprofessionals, no changes were made to the rules in response to this
concern. These rules are identical to those published under Notice of Intended
Action.
These rules were approved during the regular meeting of the State Board of
Health on September 9, 1998.
These rules will become effective on November 11, 1998.
These rules are intended to implement Iowa Code sections 10A.202(l)"g,"
10A.402(4), and 135.11(15) and 1998 Iowa Acts, Senate File 2280, section 5,
subsection 4, paragraph "c."
The following amendment is adopted.
Rescind 641--Chapter 80 and adopt the following new
chapter in lieu thereof:
CHAPTER 80
HOME CARE AIDE
641--80.1(135) Program purpose. The purposes of home care aide service
are to avoid inappropriate institutionalization of individuals and to preserve
families through the provision of supportive services by trained and supervised
paraprofessionals. The requirements and criteria for home care aide service in
this chapter also apply to chore service except where separate requirements are
specified.
641--80.2(135) Definitions. For the purpose of these rules, unless
otherwise defined, the following definitions apply:
"Administration" means the activities required to operate and manage an
organization. These activities include but are not limited to community and
program planning, financial management, office management, personnel
management, and quality assurance activities.
"Board of health" means a county, city or district board of health as defined
in Iowa Code section 137.2.
"Case management" means assessment of the client's need for service,
development of the plan of care, written assignment of home care aide duties
which includes the frequency of task performance and the frequency and length
of visits, assignment of the home care aide to the case, supervision of the
home care aide's performance on the case, review of the home care aide's
progress notes, appropriate referrals, and appropriate reassessment
activities.
"Chore program" means services provided to individuals or families who, due to
incapacity or illness, are unable to perform certain home maintenance
functions. The services include but are not limited to yard work such as
mowing lawns, raking leaves, and shoveling walks; window and door maintenance
such as hanging screens, windows and doors, replacing windowpanes, and washing
windows, and doing minor repairs to walls, floors, stairs, railings and
handles. It also includes heavy housecleaning which includes cleaning attics
or basements to remove fire hazards, moving heavy furniture, extensive wall
washing, floor care, painting, and trash removal.
"Client" means an individual or family receiving home care aide service which
is supported wholly or in part by the state home care aide appropriation.
"Contractor" means a board of health or board of supervisors as agreed upon by
the county board of supervisors and any local boards of health in the
county.
"Core public health functions" means the functions of community health
assessment, policy development, and assurance.
1. Assessment: regular collection, analysis, interpretation, and communication
of information about health conditions, risks, and assets in a community.
2. Policy development: development, implementation, and evaluation of plans
and policies, for public health in general and priority health needs in
particular, in a manner that incorporates scientific information and community
values and in accordance with state public health policy.
3. Assurance: ensuring by encouragement, regulation, or direct action that
programs and interventions that maintain and improve health are carried out.
"Court-ordered services" means those child protective services which have been
ordered by the juvenile court.
"Department" means the Iowa department of public health.
"Direct service time" means the time spent by the home care aide in carrying
out assigned tasks in the client's place of residence or specific
client-related services outside the place of residence in accordance with the
plan of care; or for child protective services, for time spent in court when
the home care aide has been subpoenaed to testify and up to one-half hour for
up to three times per admission when the client misses a scheduled home care
aide appointment as long as department procedure is followed; and may include
the time spent by the home care aide documenting service provided.
"Elderly" means persons 60 years of age and over.
"Essential public health services" means those activities carried out by public
health entities that fulfill the core functions.
"Home care aide" means a trained and supervised paraprofessional who provides
services which range from basic housekeeping to complex personal care in
accordance with these rules.
"Home care aide program" means services intended to enhance the capacity of
household members to attain or maintain the independence of the household
members and provided by trained and supervised workers to individuals or
families who, due to the absence, incapacity or limitations of the usual
homemaker, are experiencing stress or crisis. The services include but are not
limited to family preservation, personal care, providing information and
assistance, household management, meal preparation, housekeeping, family
management, child care, money management, consumer education, essential
shopping, transportation and respite care.
"Home helper" means a person who assists self-directing clients with
environmental services such as simple housekeeping and errands in order to
preserve a safe, sanitary home. The home helper shall not provide any personal
care, physical assistance, or meal preparation.
"Income" means all sources of revenue for the client, spouse and dependent
members of the household.
"Low income" means a person whose income is not greater than the current
federal Supplemental Security Income guidelines and whose resources are not
greater than $10,000.
"Nonprofit" means an entity that meets the requirements for tax-exempt status
under the United States Internal Revenue Code.
"Protective services" means those home care aide services intended to stabilize
a child's or adult's residential environment and relationships with relatives,
caretakers and other persons and household members in order to alleviate a
situation involving abuse or neglect or to otherwise protect the child or adult
from a threat of abuse or neglect. It also includes services intended to
prevent situations which could lead to abuse or neglect of a child or adult
when a definite potential for abuse or neglect exists.
"Quality assurance" means a method of review using the following process to
ensure that quality care is being delivered:
1. Comparison of practice against written criteria;
2. Identification of strengths, deficiencies, and opportunities for
improvement; and
3. Introduction of changes in the system based on information identified.
"Resources" means assets owned by a person that the person is not legally
restricted from using and that could be converted to cash to be used for
support and maintenance.
"Service administration" means administrative supervision of the home care
aide, which includes recruitment and hiring, scheduling, evaluation,
discipline, and developing in-service training; completion of reports; and
interagency and intra-agency coordination.
"Sliding fee scale" means a scale of client fee responsibility based on the
person's ability to pay all or a portion of the cost of service.
641--80.3(135) Home care aide program responsibility. Home care aide
program staff are responsible for participating in activities to safeguard the
health and wellness of the community. This responsibility is met through
participation in the implementation of the core public health functions:
assessment, policy development and assurance and the essential public health
services.
641--80.4(135) Appropriation.
80.4(1) Formula. The appropriation to each county is determined by the
following formula. Fifteen percent of the total allocation shall be divided so
that an equal amount is available for use in each county in the state. The
following percentages of the remaining amount shall be allocated to each county
according to that county's proportion of state residents with the following
demographic characteristics:
1. Sixty percent according to the number of elderly persons living in the
county,
2. Twenty percent according to the number of persons below the poverty level
living in the county, and
3. Twenty percent according to the number of substantiated cases of child abuse
in the county during the three most recent years for which data is
available.
The amount appropriated for court-ordered home care aide services is part of
the 20 percent allocated based on the number of substantiated cases of child
abuse. Funding for services ordered by juvenile court is allocated based on
the substantiated child abuse portion of the formula, past utilization and the
availability of funds. The department reserves the right to reallocate
court-ordered funds at any time during the contract year.
A maximum of 15 percent of the county's allocation may be used to provide chore
services when identified as part of the proposal.
80.4(2) Reallocation process. Annually, by February 15, the department
will determine the amount of excess funds from contracts with counties. The
department shall also review the first ten months' expenditures for each county
in May of the fiscal year to determine if any counties possess contracted funds
which they do not anticipate spending. If such funds are identified and the
county agrees to release the funds, the released funds will be considered a new
reallocation pool. Annually, by June 1, the department may reallocate funds
from this new reallocation pool to those counties that have experienced a high
utilization of protective service hours for children and dependent adults.
641--80.5(135) Utilization of appropriation. The contractor may choose
to utilize the funds directly or through subcontracts with governmental or
nonprofit agencies. When the services are not provided directly by the
contractor, the assignment of responsibilities to each agency must be clearly
documented in a contract. All such subcontracts must be approved in advance by
the department. When the services are provided by more than one agency, the
contractor shall evaluate the degree to which the combination of the services
meets the identified public health needs of the community.
80.5(1) Priorities. Utilization of state funds shall be based on the
identified needs and assets of the target populations. Emphasis shall be
placed on the core public health functions and the essential public health
services. Service priorities include child and adult protective services
(preventative and court-ordered), and home care aide services, which reduce,
delay or prevent institutionalization.
80.5(2) Alternate plan. A county may submit to the department a plan
for an alternate utilization of the funding which provides for ensuring the
delivery of existing services and the essential public health services based on
an assessment of community needs and targeted populations to be served under
the alternate plan. The department may establish demonstration projects which
provide for an alternate allocation of funds based upon the proposed plan to
provide essential public health services as determined by the community health
assessment and targeted populations to be served. The request for an alternate
plan and demonstration project shall be included in the grant application.
641--80.6(135) Client eligibility. Every Iowan shall be eligible for
home care aide service when assessment identifies the need for such service and
adequate contractor resources exist to provide the service. Each contractor
shall have written criteria for accepting and discharging home care aide
service clients. Criteria shall ensure the provision of this service to
children or adults and their families whenever this service is ordered by the
court and may involve such factors as geographic area, social, health and
environmental needs, hours of service, crisis or emergency services, safety of
the home environment and others.
641--80.7(135) Contractor requirements. In order to receive these
state funds, a contractor shall meet the following requirements:
1. Operate in conformity with federal, state, and local laws and
regulations.
2. Employ an administrator to whom authority and responsibility for overall
administration are delegated.
3. Ensure a personnel management system.
4. Maintain administrative and fiscal accountability through contractor records
which include, at a minimum, policies, board minutes and reports, service
statistics, and accounting records which indicate all accrued revenue, income
and expenses. The contractor shall submit statistical reports identified by
annual contract from the department.
5. Maintain client records appropriate to the level of service for each client
or family who is provided home care aide or chore service. The contractor
shall provide for appropriate safety and security of the records.
6. Provide authorized representatives of the department access to all
administrative, fiscal, personnel, and client rec-ords. The client record is
considered confidential and department representatives will respect that
confidentiality.
7. Ensure program standards which include outcomes, objectives and priorities
for all services.
8. Provide services based on identified assets and priority needs of the
community.
9. Pay the employer's contribution of social security and provide workers'
compensation coverage for persons providing direct home care aide service and
meet any other applicable legal requirements of an employer-employee
relationship.
641--80.8(135) Training and competency. The contractor shall ensure
that each home helper/home care aide has completed adequate training and
demonstrated competency for each task assigned. The required training shall
fit one of the patterns set out in 80.8(1) to 80.8(3). Training shall be
equivalent in content and depth to the most recent edition of "A Model
Curriculum and Teaching Guide for the Instruction of the Homemaker-Home Health
Aide," available from the Foundation for Hospice and Homecare, 513 C Street
N.E., Washington, D.C. 20002.
80.8(1) Home helper. All of the following training units shall be
completed before any home helper assignment is made:
Orientation to home care services 4.0 hours
Communication 2.0 hours
Understanding basic human needs 2.0 hours
Maintaining a clean, safe
and healthy environment 2.0 hours
Infection control in the home 2.0 hours
Emergency procedures 1.0 hourx
Total 13.0 hours
80.8(2) Home care aide. The home care aide training requirements may
be met by:
a. Completion of the 60-hour training according to the "Model Curriculum,"
or
b. Completion of a certified nursing assistant course and 12 to 13 hours of
training to include the following:
Role of the home care aide 4.0 hours
Organization policy and procedures 4.0 hours
Infection control 2.0 hours
Dependent adult abuse 2.0 hours
Child abuse if working with
families with children 1.0 hourx
Total 13.0 hours
or
c. Completion of training as set forth in the national training standards for
HCA I, II, or III as recommended by the National Association for Home Care.
80.8(3) Protective service home care aide. A home care aide, who
provides only protective services to children and their families and who has
not completed home care aide training, shall complete a specialized training
program equivalent in content and depth to the following units before any
protective assignment is made.
Protective Service Overview: 4.0 hours
Legal definitions
Dependent adult/child abuse reporter training
Types of services
Team approach to protective services
Developing Relations with the Family: 5.0 hours
Identify ways to meet family needs
Communication skills/roadblocks
Teaching others
Family Dynamics: 12.0 hours
Dynamics conducive to abuse/neglect
Basic human needs
Mental health/mental illness
Working with disabilities
Developing Parenting Skills: 17.0 hours
Community Resources: 2.0 hours
Total 40.0 hours
80.8(4) Professional staff as providers of home care aide services. An
individual who is in the process of receiving or has completed the training
required for an LPN or RN, or who has received an associate's degree or greater
in social work, sociology, home economics or other health or human service
field may be assigned to provide home care aide service if the following
conditions are met:
a. Placement is appropriate to prior training.
b. Orientation to home care is conducted, which includes adaptation of the
individual's knowledge and skills from prior education to the home setting and
to the role of the home care aide.
A person qualified to be a case manager/supervisor of home care aide services
may provide services as appropriate without additional training providing that
criteria in 80.9(2) are met.
80.8(5) In-service training. In-service training relevant to
appropriate clients and assignments shall be provided. Hours of in-service
shall be prorated for individuals who do not work a complete calendar year as
described for each level.
a. A home helper shall complete three hours of in-service training per calendar
year, prorated as one hour of in-service for each four complete calendar months
of employment.
b. A home care aide, a protective service home care aide, or licensed
professional working as a home care aide shall complete 12 hours of in-service
training per calendar year, prorated as 1 hour of in-service for each complete
calendar month of employment.
80.8(6) Chore provider training and supervision. The contractor shall
ensure that each chore provider has adequate skill for each assignment. The
contractor shall also provide sufficient supervision to ensure the tasks are
completed correctly and efficiently.
641--80.9(135) Case management and service administration. Case
management/supervision of service as defined in this chapter shall be provided
in every case by a qualified case manager or a related professional person.
80.9(1) The contractor shall establish policies and procedures for case
management and supervision of client service.
80.9(2) Education, experience and special qualifications for
individuals performing case management and service administration are as
follows:
a. A case manager and service administrator shall possess a bachelor's degree
in social work, sociology, home economics, education or other health or human
service field or a license as a registered nurse or social worker.
b. A licensed practical nurse may provide case management and service
administration if all the conditions of nursing board 655--subrule 6.6(1), Iowa
Administrative Code, are met.
c. An individual who has provided home care aide case management or service
administration prior to September 7, 1994, shall be considered qualified to
continue in that position.
d. Case management and service administration activities may be delegated to an
individual who is trained as a home care aide and has an equivalent of two
years' full-time experience as long as a qualified person retains
responsibility for supervising this individual.
e. The specific component in service administration of scheduling may be
delegated to an individual not possessing these qualifications as long as the
qualified person retains responsibility for supervising this individual.
641--80.10(135) Quality assurance program. Each contractor shall have
a written plan for quality assurance for the program. Quality assurance shall
include but is not limited to provider qualification and performance, program
evaluation, and plan for quality improvement.
641--80.11(135) Court-ordered services.
80.11(1) Home care aide protective services ordered by a juvenile court
shall be billed to the state home care aide grant whenever these services are
not eligible for reimbursement by other funding sources and, to the extent that
funding from the department is available, when there is appropriate
documentation that services meet the following criteria:
a. Home care aide service is named in the court order, or the court orders
services as determined by the department of human services case plan. The
department of human services case plan shall identify home care aide
service.
b. Services are limited to the following:
(1) Teaching parents about:
1. Child behavior management including methods of discipline.
2. Child development and nurturing.
3. Child nutrition, meal planning, shopping and meal preparation.
4. Skill development.
5. Maintenance of a clean and safe home environment including laundry.
6. Money management (excluding protective payee as the only service).
7. Basic physical care and hygiene of children.
8. Obtaining routine and emergency medical care.
9. Child safety and supervision.
10. Daily schedule/routines.
(2) Supervising visits with parent, guardian or prospective custodian for
skilled observation, documentation, and reporting when accompanied by teaching,
coaching, and intervening as needed.
(3) Transportation secondary to teaching parents or supervising visits.
Transportation shall not be the only service provided.
c. A conference on each case is held at least once every six months between the
case manager and the local department of human services or the juvenile court
officer to consider the manner in which home care aide protective service is
meeting the goals of the court order or case permanency plan and is coordinated
with other involved service providers.
80.11(2) Mediation of disputes. If a local department of human
services worker or district or juvenile court requests service for a child or
adult protective service client, and the contractor assessment is that the
service is not needed or less service is needed than was requested, the local
entities shall attempt to resolve the difference. If that is not possible, the
disagreement shall be reported by telephone to the Iowa department of public
health, division of family and community health.
Division staff shall provide technical assistance to attempt to resolve the
difference by working with the district or juvenile court and, if appropriate,
the department of human services.
641--80.12(135) Billing services to state grant. These grant funds
shall be billed at the lower of the cost or usual charge as approved in the
grant contract. Clients whose services are not covered by third-party
reimbursement shall be billed according to the local contractor's sliding fee
scale. The state may be billed the portion not covered by the client's fee up
to the approved contract rate. The specific process for expenditure and
billing of state funds shall be described in the administrative contract.
80.12(1) Cost analysis. Each contractor shall complete, at least
annually, a cost analysis using a cost methodology approved by the department.
Reimbursement by the department to the contractor for the fiscal year shall be
based on the state-approved rate and contractual conditions. Each contractor
providing services with these funds shall maintain direct client service time
at 70 percent or more of the home care aide's paid time and ensure that not
more than 35 percent of the total cost of the service be for the combined costs
for service administration and contractor administration.
80.12(2) Sliding fee scale. A full fee and a sliding fee scale based
on contractor charge shall be established and used for those persons able to
pay all or a part of the cost of service. Income and resources shall be
considered in the application of the sliding fee scale. A client whose income
is at or above 185 percent of the federal poverty level shall be charged a
fee.
Additional circumstances beyond basic living (food, clothing and shelter)
expenses may be taken into account according to contractor policy when
determining the client fee. The placement on the sliding fee scale shall be
determined before service begins and shall be reviewed at least annually.
Payments received from clients based on the sliding fee scale shall be used to
support home care aide/chore service.
80.12(3) No fee service. A low-income person as defined in these rules
shall be provided the service at no fee. For each additional member of the
household, the annual income shall be increased according to current social
security income guidelines.
Service provided to children or adults to alleviate a situation where abuse or
neglect is founded or under investigation shall be provided at no fee to the
client/family.
80.12(4) Funder of last resort. The state shall not be billed for
service eligible for third-party reimbursement, e.g., Medicare, Medicaid, or
insurance, or for the contractor cost above the allowed reimbursement from the
third-party payer. Services charged to and paid or credited by another
third-party payer shall not be vouched to state funds.
641--80.13(135) State responsibilities. Technical assistance and
consultation will be provided to the contractor by the regional community
health consultants of the community services bureau of the Iowa department of
public health. Additional technical assistance and consultation will be
available from the chief of the community services bureau, other bureaus of the
family and community health division and other divisions of the department.
641--80.14(135) Right to appeal.
80.14(1) Local appeal. All contractors shall have a written local
procedure to hear appeals. Whenever a contractor denies, reduces or terminates
services eligible to be funded by the state grant against the wishes of a
participant, the contractor shall notify the participant of the action, of the
reason for the action, and of the participant's right to appeal. Service need
not be provided during the appeal process. The local procedure shall at a
minimum include the method of notification of the right to appeal, the
procedure for conducting the appeal, the time frame limits for each step, and
the method of notification of the outcome of the local appeal and notification
of the participant's right to appeal to the state. Notifications of the
outcome of the local appeal shall include the facts used to reach a decision
and the conclusions drawn from the facts to support the local contractor
decision. The written appeals procedure and the record of appeals filed
(including the record and disposition of each) shall be available for
inspection by authorized Iowa department of public health representatives.
80.14(2) Appeal to department. If a participant is dissatisfied with
the decision of the local appeal, the participant may appeal to the state. The
appeal shall be made in writing by certified mail, return receipt requested, to
the Division Director, Division of Family and Community Health, Iowa Department
of Public Health, Lucas State Office Building, Des Moines, Iowa 50319-0075,
within 15 days following the local contractor's appeal decision.
80.14(3) Department review. The department shall evaluate the appeal
based upon the merits of the local appeal documentation. A decision affirming,
reversing, or modifying the local appeal decision will be issued by the
department within ten days of the receipt of the appeal. The decision shall be
in writing and shall be sent by certified mail, return receipt requested, to
the participant and the contractor.
80.14(4) Further appeal. The department's decision may be appealed by
submitting an appeal, within ten days of the receipt of the department
decision, to the Division Director, Division of Family and Community Health,
Iowa Department of Public Health, Lucas State Office Building, Des Moines, Iowa
50319-0075. Upon receipt of an appeal that meets contested case status, the
department shall forward the appeal within five working days to the department
of inspections and appeals pursuant to the rules adopted by that agency
regarding the transmission of contested cases. The continued process for
appeal shall be governed by 641--Chapter 173, Iowa Administrative Code.
These rules are intended to implement Iowa Code sections 10A.202(1)"g,"
10A.402(4), and 135.11(15) and 1998 Iowa
Acts, Senate File 2280, section 5, subsection 4, paragraph "c."
[Filed 9/18/98, effective 11/11/98]
[Published 10/7/98]
EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 10/7/98.
ARC 8399A
PUBLIC HEALTH DEPARTMENT[641]
Adopted and Filed
Pursuant to the authority of Iowa Code section 135.11 and 1998 Iowa Acts,
Senate File 2280, section 5(4)"c," the Iowa Department of Public Health hereby
rescinds Chapter 83, "Well Elderly Screening Clinics," and adopts a new Chapter
83, "Iowa Senior Health Program," Iowa Administrative Code.
These rules establish standards to be used in the provision of services to
older adults. The rules meet the requirement of 1998 Iowa Acts, Senate File
2280, section 5(4)"c."
Notice of Intended Action was published in the July 15, 1998, Iowa
Administrative Bulletin as ARC 8169A. A public hearing was conducted on
August 4, 1998, using the Iowa Communications Network, with 14 people attending
at seven of the ten available sites. Written and oral comments supporting the
rules or requesting a change were received from three people representing
contracting agencies and one board of supervisors. A request to define the age
for "older adult" was received; however, local contractor decisions will
establish age criteria. The following changes were made in response to
comments received:
In the definition of "Public health nurse," the Department deleted "(in which a
course in community health nursing must be completed)" and inserted "or has
current American Nursing Association gerontology certification," to partially
respond to requests to reduce the noticed standard for a public health nurse.
Elevated education for public health nurse is supported by the Department as a
standard for the high level of independent functioning required for senior and
public health services.
These rules were approved during the regular meeting of the State Board of
Health on September 9, 1998.
These rules will become effective on November 11, 1998.
These rules are intended to implement Iowa Code chapter 135.
The following amendment is adopted.
Rescind 641--Chapter 83 and adopt the following new
chapter in lieu thereof:
CHAPTER 83
IOWA SENIOR HEALTH PROGRAM
641--83.1(135) Program purpose. The purpose of the Iowa senior health
program is to promote wellness and improve the health of older adults by
providing health assessment and health education and to serve as an entry point
into the health care system for medically underserved.
641--83.2(135) Definitions. For the purpose of these rules, unless
otherwise defined, the following definitions apply:
"Administrative expense" means general overall administrative expenses not
specific to the program. No more than 5 percent of the state funds received
shall be used for administrative expense.
"Board of health" means a county, city or district board of health as defined
in Iowa Code section 137.2.
"Comprehensive assessment" means, at a minimum, a health history, a physical
assessment and care planning which includes nursing diagnosis, goal setting,
health teaching and referrals. The physical assessment includes all body
systems and may include age-appropriate Pap smear or prostate exam. The
history and exam are focused on the review of body systems, functional
abilities and medication review.
"Contractor" means a board of health or board of supervisors as agreed upon by
the county board of supervisors and any local boards of health in the
county.
"Core public health functions" means the following functions: community health
assessment, policy development, and assurance.
1. Assessment: regular collection, analysis, interpretation, and communication
of information about health conditions, risks, and assets in a community.
2. Policy development: development, implementation, and evaluation of plans
and policies, for public health in general and priority health needs in
particular, in a manner that incorporates scientific information and community
values in accordance with state public health policy.
3. Assurance: ensuring, by encouragement, regulation, or direct action, that
programs and interventions that maintain and improve health are carried out.
"Department" means the Iowa department of public health.
"Essential public health services" means those activities carried out by public
health entities that fulfill the core functions.
"Health and wellness" means a state of well-being, which includes soundness of
mind, body, and spirit, and the presence of a positive capacity to develop
one's potential and to lead an energetic, fulfilling, and productive life.
"Health promotion" means teaching or nursing intervention that emphasizes
self-awareness and environmental awareness and promotes a life-style change
that will result in optimal health and wellness.
"Health screening" means laboratory tests that may include, but are not limited
to: hemoglobin, glucose, urine, and cholesterol; and vision screening, hearing
screening, and hypertension screening. It also means use of assessment tools
which may include, but are not limited to: assessing for depression, activities
of daily living, risk for breast and cervical cancer and nutritional status.
"Low income" means a person whose income is not greater than the current
federal Supplemental Security Income guidelines.
"Match" means $1 of local funding is provided for each $2 of state funding.
Match may either be a hard dollar match or soft "in-kind" match. Match may not
include federal or state funds received from other funders or from funds, fees
or donations that have already been considered as match for another funder.
Soft "in-kind" match includes resources provided for the program and covered by
local funds. Examples include office space, utilities, value of clinic sites
donated, telephone, supplies, office supplies, advertising, discounts of lab
tests, and administrative costs. Volunteer time may be used if there is a job
description, a record of time provided by the volunteer, and a reasonable value
assigned.
"Nonprofit" means an entity that meets the requirement for tax-exempt status
under the United States Internal Revenue Code.
"Older adult" means the age of the adult to be determined by the local
contractor.
"Partial assessment" means a shortened version of the comprehensive health
assessment that includes review of at least one body system, nursing diagnosis,
goal setting, health teaching and referrals.
"Public health nurse" means a registered nurse who is licensed by the Iowa
board of nursing and who has a baccalaureate degree in nursing or related
health or human service area or has current American Nursing Association
gerontology certification or has completed a community health nursing course
from a baccalaureate program in an accredited college or university. The
public health nurse has knowledge of prevention, health promotion and community
health nursing and public health concepts.
"Quality assurance" means a method of review using the following process to
ensure that quality care is being delivered:
1. Comparison of practice against written criteria;
2. Identification of strengths, deficiencies, and opportunities for
improvement; and
3. Introduction of changes in the system based on information identified.
"Registered nurse" means a nurse licensed to practice as a registered nurse by
the Iowa board of nursing.
641--83.3(135) Senior health program responsibility. Senior health
program staff are responsible for participating in activities to safeguard the
health and wellness of the community. This responsibility is met through
participation in the core public health functions of assessment, policy
development and assurance, and the essential public health services.
641--83.4(135) Appropriation.
83.4(1) Formula. The appropriation to each county is determined by the
following formula. Each county electing to participate will receive the same
base amount. Seventy-five percent of the remaining funds will be allocated
based on the percent of the county's population aged 55 and older and the
remaining 25 percent based on the percent of county population that is
low-income.
83.4(2) Reallocation process. Annually, by June 1, the department will
determine the amount of unused funds from contracts with counties. If the
unallocated pool is $50,000 or more, it shall be reallocated to the counties in
substantially the same manner as the original allocations. If the unallocated
pool is less than $50,000 for the fiscal year, the department may allocate the
moneys to counties with demonstrated special needs for the older adult
population.
83.4(3) Local match. The appropriation shall be distributed to
counties providing funding on a matching basis of $1 of local funding for each
$2 of state funding. Match may either be a hard dollar match or soft "in-kind"
match. Match may not include federal or state funds received from other
funders or from funds, fees or donations that have already been considered as
match for another funder. Record of match shall be maintained by the
contractor and shall be available to the department upon request.
641--83.5(135) Utilization of appropriation. The contractor may choose
to utilize the funds directly or through subcontracts with governmental or
nonprofit agencies. When the services are not provided directly by the
contractor, the assignment of responsibilities to each agency must be clearly
documented in a contract. All such subcontracts must be approved in advance by
the department. When the services are provided by more than one agency, the
contractor shall evaluate the degree to which the combination of the services
meets the identified public health needs of the community. No more than 5
percent of the state funds received shall be used for administrative
expenses.
83.5(1) Priorities. Utilization of state funds shall be based on the
community health identified needs and assets of the older adult population.
Emphasis shall be placed on the core public health functions and the essential
public health services with a focus on the special needs of older adults.
Service priorities are health assessments, health screenings, health promotion,
and health teaching.
83.5(2) Alternate plan. A county may submit to the department a
plan for an alternate utilization of the funding which provides for ensuring
the delivery of existing services and the essential public health services
based on an assessment of community needs and targeted populations to be served
under the alternate plan. The department may establish demonstration projects
which provide for an alternate allocation of funds based upon the proposed plan
to provide essential public health services as determined by the community
health assessment and targeted populations to be served. The request for an
alternate plan and demonstration project shall be included in the grant
application.
641--83.6(135) Client eligibility. Every older adult Iowan shall be
eligible for senior health program services when assessment identifies the need
for such service and adequate contractor resources exist to provide the
service.
641--83.7(135) Contractor requirements. In order to receive these
state funds, a contractor shall meet the following requirements:
1. Operate in conformity with federal, state, and local laws and
regulations.
2. Employ an administrator to whom authority and responsibility for overall
administration are delegated.
3. Ensure a personnel management system.
4. Maintain administrative and fiscal accountability through contractor records
which include, at a minimum: policies, board minutes and reports, service
statistics, and accounting records which indicate all accrued revenue, income
and expenses. The contractor shall submit statistical reports identified by
annual contract from the department.
5. Maintain clinical records appropriate to the level of service for each
client who receives senior health services. The contractor shall provide for
appropriate safety and security of the clinical records.
6. Provide authorized representatives of the department access to all
administrative, fiscal, personnel, and client rec-ords. The clinical record is
considered confidential, and department representatives will respect that
confidentiality.
7. Ensure program standards which include outcomes, objectives and priorities
for all services.
8. Ensure that any comprehensive or partial health assessments are performed by
a physician or by a registered nurse who has completed a course in adult health
assessment.
9. Ensure that population-based services are supervised by a public health
nurse within two years of November 11, 1998.
10. Provide services based on identified community assets and priority needs of
the older adult population.
641--83.8(135) Quality assurance program. Each contractor shall have a
written plan for quality assurance for the program. Quality assurance shall
include, but is not limited to, provider qualification and performance, program
evaluation, and plan for quality improvement.
641--83.9(135) Billing services to state grant. These grant funds
shall be billed at the lower of the cost or usual charge as approved in the
grant contract. The state shall not be billed for services eligible for
third-party reimbursement. The specific process for expenditure and billing of
state funds shall be described in the administrative contract.
83.9(1) Cost analysis. Each contractor shall complete, at least
annually, a cost analysis using a cost methodology approved by the department.
Reimbursement by the department to the contractor for the fiscal year shall be
based on the state-approved rate and contractual conditions.
83.9(2) Client participation. Donations from clients shall be
encouraged, and each participant shall be given the opportunity to give a
confidential donation. Donations shall be used to expand services in the
program.
641--83.10(135) Right to appeal.
83.10(1) Local appeal. All contractors shall have a written local
procedure to hear appeals. Whenever a contractor denies, reduces or terminates
services eligible to be funded by the state grant against the wishes of a
participant, the contractor shall notify the participant of the action, of the
reason for the action, and of the participant's right to appeal. Service need
not be provided during the appeal process. The local procedure shall at a
minimum include the method of notification of the right to appeal, the
procedure for conducting the appeal, the time frame limits for each step, and
the method of notification of the outcome of the local appeal and notification
of the participant's right to appeal to the state. Notifications of the
outcome of the local appeal shall include the facts used to reach a decision
and the conclusions drawn from the facts to support the local contractor
decision. The written appeals procedure and the record of appeals filed
(including the record and disposition of each) shall be available for
inspection by authorized Iowa department of public health representatives.
83.10(2) Appeal to department. If a participant is dissatisfied with
the decision of the local appeal, the participant may appeal to the state. The
appeal shall be made in writing by certified mail, return receipt requested, to
the Division Director, Division of Family and Community Health, Iowa Department
of Public Health, Lucas State Office Building, Des Moines, Iowa 50319-0075,
within 15 days following the local contractor's appeal decision.
83.10(3) Department review. The department shall evaluate the appeal
based upon the merits of the local appeal documentation. A decision affirming,
reversing, or modifying the local appeal decision will be issued by the
department within ten days of the receipt of the appeal. The decision shall be
in writing and shall be sent by certified mail, return receipt requested, to
the participant and the contractor.
83.10(4) Further appeal. The department's decision may be appealed by
submitting an appeal, within ten days of the receipt of the department
decision, to the Division Director, Division of Family and Community Health,
Iowa Department of Public Health, Lucas State Office Building, Des Moines, Iowa
50319-0075. Upon receipt of an appeal that meets contested case status, the
department shall forward the appeal within five working days to the department
of inspections and appeals pursuant to the rules adopted by that agency
regarding the transmission of contested cases. The continued process for
appeal shall be governed by 641-- Chapter 173, Iowa Administrative Code.
These rules are intended to implement Iowa Code chapter 135.
[Filed 9/18/98, effective 11/11/98]
[Published 10/7/98]
EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 10/7/98.
ARC 8398A
PUBLIC HEALTH DEPARTMENT[641]
Adopted and Filed
Pursuant to the authority of Iowa Code section 135.24 as amended by 1998 Iowa
Acts, House File 2340, the Iowa Department of Public Health hereby amends
Chapter 88, "Volunteer Health Care Provider Program," Iowa Administrative
Code.
The amendments add new language relating to the expansion of the Volunteer
Health Care Provider Program to include other health care providers and
services.
Notice of Intended Action was published in the July 29, 1998, Iowa
Administrative Bulletin as ARC 8197A. The adopted amendments are
identical to those published under Notice. These amendments were also Adopted
and Filed Emergency and were published in the July 29, 1998, Iowa
Administrative Bulletin as ARC 8198A.
These amendments were approved during the July 8, 1998, meeting of the Board of
Health.
These amendments will become effective on November 11, 1998, at which time the
Adopted and Filed Emergency rules are hereby rescinded.
These amendments are intended to implement Iowa Code section 135.24 as amended
by 1998 Iowa Acts, House File 2340.
The following amendments are adopted.
ITEM 1. Amend rule 641--88.1(135) as follows:
641--88.1(135) Definitions. For the purpose of these rules, the
following definitions shall apply:
"Charitable organizations" means a charitable organization within the meaning
of Section 501(c)(3) of the Internal Revenue Code which has as its primary
purpose the sponsorship or support of programs designed to improve the quality,
awareness, and availability of medical and dental services to children
and to serve as a funding mechanism for provision of medical services,
including but not limited to immunizations, to children.
"Health care provider" means a physician licensed under Iowa Code chapter 148,
150, or 150A, a physician assistant licensed and practicing under a supervising
physician pursuant to Iowa Code chapter 148C, a licensed practical nurse, or a
registered nurse pursuant to Iowa Code chapter 152, or a dentist pursuant to
Iowa Code chapter 153.
ITEM 2. Amend rule 641--88.2(135) as follows:
641--88.2(135) Purpose. The volunteer health care provider program is
established to defend and indemnify eligible health care providers providing
free medical and dental service services through
qualified programs as provided in Iowa Code Supplement section
135.24 and these rules.
ITEM 3. Amend rule 641--88.3(135), introductory paragraph, as follows:
641--88.3(135) Health care provider eligibility. To be eligible for
protection as an employee of the state under Iowa Code chapter 669 for a claim
arising from covered medical or dental services, a health care provider
must meet all of the following conditions at the time of the act or omission
allegedly resulting in injury:
ITEM 4. Amend subrule 88.3(1) as follows:
88.3(1) Be licensed to practice under Iowa Code chapter 148, 148C, 150,
150A, or 152, or 153.
ITEM 5. Amend paragraph 88.3(2)"d" as follows:
d. Comply with the agreement with the department concerning approved medical
or dental services and programs.
ITEM 6. Amend subrule 88.3(3) as follows:
88.3(3) Have a current certificate of qualification from the applicable
state licensing board based on review of the following records submitted by the
health care provider:
a. Verification that the health care provider holds an active unrestricted
license to practice in Iowa under Iowa Code chapter 148, 148C, 150, 150A,
or 152, or 153.
b. Verification that the health care provider has continuously held an active
license in good standing since first licensed to practice the profession.
c. Verification of good standing of any hospital and clinic affiliation or
staff privileges held by the health care provider in the last ten years.
d. Certified statements from the National Practitioner Data Bank and the
Federation of State Medical Boards Disciplinary Data Bank, or State Dental
Boards Disciplinary Data Bank, as appropriate, setting forth any
malpractice judgments or awards, or disciplinary action involving the physician
or dentist. The physician or dentist shall request that the
statements be sent directly to the board by the data banks and shall pay the
cost.
e. A sworn statement from the health care provider attesting that the license
to practice is free of restrictions. The statement shall describe any
disciplinary action which has ever been initiated against the health care
provider by a professional licensing authority or health care facility,
including any voluntary surrender of license or other agreement involving the
health care provider's license to practice or any restrictions on practice,
suspension of privileges, or other sanctions. The statement shall also
describe any malpractice suits which have been filed against the health care
provider and state whether any complaints involving professional competence
have been filed against the health care provider with any licensing authority
or health care facility.
f. Any additional materials requested by the board.
ITEM 7. Amend paragraph 88.3(4)"e" as follows:
e. Provide that the health care provider shall maintain proper medical or
dental records; and
ITEM 8. Amend rule 641--88.11(135) as follows:
641--88.11(135) Covered medical or dental services. An eligible
health care provider shall be afforded the protection of an employee of the
state under Iowa Code chapter 669 only for claims for medical injury
proximately caused by the health care provider's provision of covered health
services. Covered health services are only those which are:
1. Identified in the agreement with the department;
2. In compliance with these rules;
3. Provided by or under the direct supervision of the health care
provider. ;
4. Health services of health prevention, health maintenance, health education,
diagnosis, or treatment other than the administration of anesthesia,
prenatal care, obstetrical care, and surgical procedures
except minor surgical procedures and administration of local anesthesia for the
stitching of wounds or the removal of lesions or foreign particles may be
provided. ; and
5. Primary dental services which are preventive, diagnostic, restorative or
emergency treatment including extraction.
Experimental procedures or procedures and treatments which lack sufficient
evidence of clinical effectiveness are excluded from the program.
[Filed 9/18/98, effective 11/11/98]
[Published 10/7/98]
EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 10/7/98.
ARC 8388A
RACING AND GAMING COMMISSION[491]
Adopted and Filed
Pursuant to the authority of Iowa Code section 99F.4, the Iowa Racing and
Gaming Commission hereby adopts amendments to Chapter 20, "Application Process
for Excursion Boats and Racetrack Enclosure Gaming License," Iowa
Administrative Code.
Item 1 requires recipients of nonprofit distributions to explain how their
receipt of this money would benefit residents of Iowa.
Item 2 requires the qualified sponsoring organization, before funding a
request, to consider how it would benefit residents of Iowa. It also does not
allow the qualified sponsoring organization to distribute to an organization
that has an employee, officer or director who is a member of the Commission.
These adopted amendments are identical to those published under Notice of
Intended Action in the August 12, 1998, Iowa Administrative Bulletin as ARC
8232A.
A public hearing was held on September 1, 1998. Comments were received and
distributed to the Administrative Rules Review Committee.
These amendments will become effective November 11, 1998.
These amendments are intended to implement Iowa Code chapter 99F.
The following amendments are adopted.
ITEM 1. Amend subrule 20.11(6), paragraph "a," subparagraph
(2), as follows:
(2) Potential recipients of any such distributions shall be required to certify
that the intended use of the proceeds of the distributions will comply with the
uses as defined in Iowa Code section 99B.7, subsection 3, paragraph "b." A
potential recipient shall also explain in writing how the intended use of the
proceeds of the distribution will benefit the residents of Iowa.
ITEM 2. Amend subrule 20.11(6) by adding new paragraphs
"d" and "e" as follows:
d. In determining whether to fund a request from a potential recipient, the
qualified sponsoring organization shall consider how the intended use of the
proceeds of the distribution will benefit the residents of Iowa.
e. No licensee or qualified sponsoring organization shall make a distribution
to any organization that has an employee, officer or director who is a member
of the commission. This provision does not apply to employees, officers,
directors or trustees of political subdivisions or their affiliated agencies or
boards. No commissioner shall express, or otherwise attempt to influence, a
qualified sponsoring organization as to the commissioner's preference for a
potential grantee.
[Filed 9/18/98, effective 11/11/98]
[Published 10/7/98]
EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 10/7/98.
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