PrintProposing rule making related to beginning farmer tax credit program and providing an opportunity for public comment
The Iowa Finance Authority hereby proposes to amend Chapter 44, “Iowa Agricultural Development Division,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code sections 16.5 and 16.81.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code sections 16.77, 16.79A, 16.81 and 16.82 as amended by 2021 Iowa Acts, Senate File 619.Purpose and Summary Division XIX of 2021 Iowa Acts, Senate File 619, amends various elements of the Beginning Farmer Tax Credit Program to encourage the increased utilization of the tax credit by allowing eligible taxpayers and beginning farmers to enter into leases solely for the transfer of agricultural improvements, allowing eligible taxpayers to participate in the program for 15 years, allowing eligible taxpayers to enter into agreements with different qualified beginning farmers, and changing the cap on the tax credit so eligible taxpayers are limited to $50,000 per lease agreement, rather than $50,000 for all agreements. This rule making is proposed to conform Chapter 44 to the changes outlined in 2021 Iowa Acts, Senate File 619. This rule making also proposes a change to the fee schedule. The change to the fee schedule for beginning farmer tax credit applications is prompted by Iowa Code section 16.81, which sets forth a fee schedule that shall remain in place on an interim basis until December 31, 2021, and Iowa Code section 16.81 repeals the schedule on January 1, 2022. Iowa Code section 16.81 requires that the Authority adopt rules to “impose, assess, and collect application fees.”Fiscal Impact The fees are expected to have a fiscal impact of less than $100,000 annually or $500,000 over five years.Jobs Impact The Authority anticipates that the benefits offered by the amendments to the program may encourage more new farmers to begin farming in Iowa.Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Authority for a waiver of the discretionary provisions, if any, pursuant to 265—Chapter 18. Public Comment Any interested person may submit written comments concerning this proposed rule making. Written comments in response to this rule making must be received by the Authority no later than 4:30 p.m. on December 21, 2021. Comments should be directed to: Kristin Hanks-Bents Iowa Finance Authority 1963 Bell Avenue, Suite 200 Des Moines, Iowa 50315 Phone: 515.452.0404 Email: kristin.hanks-bents@iowafinance.com Public Hearing No public hearing is scheduled at this time. As provided in Iowa Code section 17A.4(1)“b,” an oral presentation regarding this rule making may be demanded by 25 interested persons, a governmental subdivision, the Administrative Rules Review Committee, an agency, or an association having 25 or more members. Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rule-making actions are proposed:
ITEM 1. Amend rule 265—44.2(16), definitions of “Agricultural asset,” “Agricultural improvements,” “Agricultural land” and “Agricultural lease agreement,” as follows: "Agricultural asset" means agricultural land located in this state, including any agricultural improvements, machinery, equipment, andcrops, livestock, or other depreciable agricultural property. "Agricultural improvementsimprovement" means any improvements,including buildings, structures or fixtures suitable for use in farming which areif located onany size parcel of agricultural land. “Agricultural improvements” includes a single-family dwelling located on agricultural land which is or will be occupied by the beginning farmer and structures attached to or incidental to the use of the dwelling. "Agricultural land" means land located in Iowa suitable for use in farming, any portion of which may include an agricultural improvement, and which is or will be operated as a farm. "Agricultural lease agreement" "agreement" means an agreement for the transfer of agricultural assets, that must at least include a lease of agricultural land, from an eligible taxpayer to a qualified beginning farmer as provided in 2019 Iowa Acts, House File 768, section 9Iowa Code section 16.79A. ITEM 2. Amend subparagraph 44.6(1)"a" as follows: (5) The taxpayer is not a partner of a partnership, shareholder of a family farm corporation, or member of a family farm limited liability company that is the lessee of an agricultural asset that is part of an agricultural lease agreement.If a beginning farmer has an ownership interest in the agricultural asset that does not exceed 10 percent, the tax credit award is reduced by an amount equivalent to the beginning farmer’s ownership percentage. For example, if a beginning farmer owns 9 percent of an agricultural asset that is the subject of the agricultural lease agreement, the tax credit award is reduced by 9 percent. ITEM 3. Amend paragraph 44.6(2)"a" as follows: a. A beginning farmer tax credit is allowed only for agricultural assets that are subject to an agricultural lease agreement entered into by an eligible taxpayer and a qualifying beginning farmer participating in the beginning farmer tax credit program established pursuant to 2019 Iowa Acts, House File 768, section 7Iowa Code section 16.78.The tax credit is allowed regardless of whether the principal agricultural asset is soil, pasture, or a building or other structure used in farming. ITEM 4. Adopt the following new paragraphs 44.6(3)"f" and 44.6(3)"g": f. Upon submission of the application or a request to amend an agricultural lease agreement, the authority shall collect the total amount of the application processing fee and annual servicing fees for all lease years. The authority shall collect fees in the amounts based upon the acreage of the land that is the subject of the agreement and the length of the lease. (1) For agreements leasing 100 or fewer acres: $200. (2) For agreements leasing 101 to 250 acres: $300. (3) For agreements leasing 251 or more acres: $400. (4) For each year of the lease: $50.Years2345100 or fewer$300$350$400$450101 to 250$400$450$500$550251 or more$500$550$600$650 g. For any amendment to a previously approved agricultural lease agreement, an amendment fee of $100 shall be paid at the time the amendment is submitted. ITEM 5. Amend subrule 44.6(4) as follows: 44.6(4) Requirements of an agricultural lease agreement. a. The agricultural lease agreement must meet the following requirements: (1) The agreement must include the lease of agricultural land located in this state, including anyor agricultural improvements,located in this state and may provide for the rental of agricultural equipment as defined in Iowa Code section 322F.1. (2) The agreement must include provisions which describe the consideration paid for the agreement in a manner that allows the authority to calculate the value of the lease in order to determine the tax credit amount as provided in 2019 Iowa Acts, House File 768, section 11Iowa Code section 16.82. (3) The agreement must be in writing and signed by all parties. (4) The agreement must be for at least two years, but not more than five years. The agreement may be renewedany number of times by the eligible taxpayer and qualified beginning farmer for a term of at least two years, but not more than five years.At the end of the approved agricultural lease agreement term, a new application must be submitted to the authority. However, an eligible taxpayer shall not participate in the program for more than 15 years. For the purposes of this subparagraph, an eligible taxpayer first participating in the beginning farmer tax credit program on or after January 1, 2019, as provided in 2019 Iowa Acts, chapter 161, for a tax year beginning on or after that date, may also participate in the program for not more than 15 years. (5) The agreement shall not include a lease or rental of equipment intended as a security. b. An eligible taxpayer may apply and be approved to enter into agreements with different qualified beginning farmers. b. c. The agreement cannot be assigned, and the agricultural land subject to the agreement shall not be subleased. c. d. The agricultural assets shall not be leased or rented at a rate that is substantially higher than the market rate for similar agricultural assets leased or rented within the same community. As used in this paragraph, when referring to an agricultural asset that is cropland, “substantially higher” means not more than 30 percent above the average cash rent paid for cropland rented in the same county according to the most recent cash rent survey for cropland published by a unit of Iowa State University of Science and Technology recognized by the authority.ARC 6057CProfessional Licensure Division[645]Notice of Intended ActionProposing rule making related to cognitive screening and providing an opportunity for public comment
The Board of Speech Pathology and Audiology hereby proposes to amend Chapter 301, “Practice of Speech Pathologists and Audiologists,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code section 147.76.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code chapter 154F.Purpose and Summary The Board of Speech Pathology and Audiology received an inquiry regarding the ability of audiologists and speech pathologists to perform cognitive screenings within their scopes of practice. The American Speech-Language-Hearing Association (ASHA) recognizes performing cognitive screenings as within the scope of practice of audiologists and speech pathologists. The Board agrees that audiologists and speech pathologists can perform cognitive screenings within their scopes of practice and proposes this new rule to expressly authorize the performance of cognitive screenings and establish minimum standards.Fiscal Impact This rule making has no fiscal impact to the State of Iowa. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers A waiver provision is not included in this rule making because all administrative rules of the professional licensure boards in the Professional Licensure Division are subject to the waiver provisions accorded under 645—Chapter 18. Public Comment Any interested person may submit written or oral comments concerning this proposed rule making. Written or oral comments in response to this rule making must be received by the Board no later than 4:30 p.m. on December 21, 2021. Comments should be directed to: Venus Vendoures Walsh Professional Licensure Division Iowa Department of Public Health Lucas State Office Building 321 East 12th Street Des Moines, Iowa 50319 Phone: 515.281.0254 Fax: 515.281.3121 Email: venus.vendoures-walsh@idph.iowa.gov Public Hearing A public hearing at which persons may present their views orally or in writing will be held as follows: December 21, 2021 9 to 10 a.m. Via video/conference call Zoom Meeting ID: 870 9872 8337 Passcode: 021974 (US) +1.312.626.6799 (toll) Access code: 021974 Persons who wish to make oral comments at the public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rule making. In an effort to ensure accuracy in memorializing a person’s comments, a person may provide written comments in addition to or in lieu of oral comments at the hearing. Any persons who intend to attend the public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Board and advise of specific needs.Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rule-making actions are proposed:
ITEM 1. Adopt the following new rule 645—301.2(147,154F).645—301.2(147,154F) Cognitive screening. A licensed audiologist or speech pathologist may perform cognitive screening in accordance with this rule. 301.2(1) Definition. “Cognitive screening” means administering a formal, evidence-based assessment to identify possible cognitive concerns. Cognitive screening instruments include, but are not limited to, the Montreal Cognitive Assessment (MoCA), Mini-Mental State Examination (MMSE), General Practitioner Assessment of Cognition (GPCOG), Six-Item Cognitive Impairment Test (6CIT), Abbreviated Mental Test Score (AMTS), Addenbrooke’s Cognitive Assessment-Revised (ACE-R), Clock-Drawing Test, Mini-Cog Test, and Three-Word Recall Test. 301.2(2) Certification and training. If a cognitive screening instrument requires certification to administer, the licensee must become certified prior to administering the instrument and must hold active certification during all administrations. If a cognitive screening instrument does not require certification to administer, the licensee must complete sufficient training in administering the instrument to meet the standard of care. Failure to meet the standard of care when performing cognitive screenings may result in licensee discipline. 301.2(3) Referral. After performing a cognitive screening, the licensee shall refer the patient to another provider or specialist for further evaluation in accordance with the instrument’s scoring protocol. ITEM 2. Amend 645—Chapter 301, implementation sentence, as follows: This rule isThese rules are intended to implement Iowa Code chapters 147 and 154F.ARC 6066CTransportation Department[761]Notice of Intended ActionProposing rule making related to salvage titles and providing an opportunity for public comment
The Transportation Department hereby proposes to amend Chapter 400, “Vehicle Registration and Certificate of Title,” and Chapter 405, “Salvage,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code section 307.12 and section 321.52 as amended by 2021 Iowa Acts, Senate File 230, section 1.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 321.52 as amended by 2021 Iowa Acts, Senate File 230, section 1.Purpose and Summary This proposed rule making updates Chapters 400 and 405 to conform these rules with 2021 Iowa Acts, Senate File 230, section 1. This legislation increases the threshold for issuing a salvage title designation if the cost of repair of a wrecked or salvage motor vehicle exceeds 50 percent of the fair market value of the vehicle to instead require the cost of repair to exceed 70 percent of the fair market value. The proposed amendments preserve the “damage over 50 percent” standard in Chapter 405 for wrecked or salvage vehicles that were transferred prior to July 1, 2021, and also clarify the process for when a damage disclosure statement that is separate from the damage disclosure on the assignment of title will be accepted from a transferor or transferee of the vehicle. The proposed amendments also update parenthetical implementation statutes and remove bureau names.Fiscal Impact This rule making has no fiscal impact to the State of Iowa beyond any impact anticipated by the legislation. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to 761—Chapter 11. Public Comment Any interested person may submit written comments concerning this proposed rule making or may submit a written request to make an oral presentation at a public hearing. Written comments or requests to present oral comments in response to this rule making must be received by the Department no later than 4:30 p.m. on December 21, 2021. Comments should be directed to: Tracy George Department of Transportation DOT Rules Administrator, Government and Community Relations 800 Lincoln Way Ames, Iowa 50010 Email: tracy.george@iowadot.us Public Hearing If requested, a public hearing to hear oral presentations will be held on December 28, 2021, via conference call at 11 a.m. Persons who wish to participate in the conference call should contact Tracy George before 4:30 p.m. on December 21, 2021, to facilitate an orderly hearing. A conference call number will be provided to participants prior to the hearing. Persons who wish to make oral comments at the public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rule making. Any persons who intend to attend the public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact Tracy George, the Department’s rules administrator, and advise of specific needs. The public hearing will be canceled without further notice if no oral presentation is requested. Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rule-making actions are proposed:
ITEM 1. Amend rule 761—400.55(321) as follows:761—400.55(321) Damage disclosure statement. 400.55(1) If the transferor failed to provide a damage disclosure statement or if the transferee lost the statement, and the transferee has attempted in good faith to contact the transferor to obtain a statement, the transferee may file a sworn statement of these facts. The transferee shall also complete section 2 of a separate damage disclosure statement and sign on the buyer’s line. The sworn statement and damage disclosure statement completed by the transferee shall be accepted by the county treasurer or the department in lieu of the damage disclosure statement required from the transferor. 400.55(2) A model year formula for damage disclosure statements shall be the current year minus eight. The resulting number represents the first model year for which a motor vehicle is exempt from the damage disclosure statement requirements incident to a transfer. 400.55(3) If the transferor completes the damage disclosure on the assignment of title at the time of application for title, a transferor or transferee of a vehicle may submit a separate damage disclosure statement, Form 411108, indicating the damage level of the vehicle and whether the damage level exceeds 70 percent. a. If the transferor signs both the damage disclosure on the assignment of title and the separate damage disclosure statement, Form 411108, the county treasurer shall accept the separate damage disclosure statement. b. If the transferee signs the separate damage disclosure statement, Form 411108, the county treasurer shall accept the separate damage disclosure statement only if the separate damage disclosure statement indicates the damage level exceeds 70 percent. If the transferee’s statement indicates the damage level is less than 70 percent, the department shall review the transaction to confirm the damage level through the National Motor Vehicle Title Information System (NMVTIS). c. Nothing in this subrule shall be construed to prevent the department from confirming the damage level through NMVTIS for the purpose of adding a “damage over 70 percent” designation to the title as required by Iowa Code section 321.69. This rule is intended to implement Iowa Code section321.52 as amended by 2021 Iowa Acts, Senate File 230, section 1, and section 321.69. ITEM 2. Amend rule 761—405.2(321), parenthetical implementation statute, as follows:761—405.2(321,321H) Definitions. ITEM 3. Amend subparagraph 405.6(1)"a" as follows: (1) Has repair costs exceeding 5070 percent of its fair market value before it became damaged, and ITEM 4. Amend paragraph 405.6(1)"b" as follows: b. Fair market value is the average retail value found in the National Automobile Dealers Association (NADA) Official Used Car Guide. If there is no value available, the motor vehicle and motor carrier services bureaudivision shall determine the fair market value upon request. The address is:Motor Vehicle and Motor Carrier Services BureauDivision, Iowa Department of Transportation, P.O. Box 9278, Des Moines, Iowa 50306-9278. ITEM 5. Amend subrule 405.8(5) as follows: 405.8(5) Designation carried forward. If a vehicle leaves Iowa with a regular Iowa title and reenters Iowa with a regular foreign title,and if the foreign title does not indicate that the vehicle was rebuilt andif a records check indicates that the vehicle had a designation listed in paragraphs 405.10(1)“a” to “e,”through “f,” that designation shall be carried forward to the Iowa title and registration receipt issued from the foreign title. ITEM 6. Amend subrule 405.9(1) as follows: 405.9(1) Determine if the vehicle ever had or should have had a “prior salvage,” “rebuilt,” “damage over 50 percent,”“damage over 70 percent,” “flood,” “fire,” “vandalism,” “theft,” “lemon buy-back,” or equivalent designation(s) on a previous title. If such a designation is or should have been on a previous title, the Iowa title to be issued shall contain the designation required by this chapter. ITEM 7. Amend rule 761—405.10(321) as follows:761—405.10(321,322G) Designations. 405.10(1) The following designations for a vehicle shall be used on Iowa titles and registrations receipts and shall be carried forward to all subsequent Iowa titles and registration receipts issued for the vehicle, unless otherwise specified: a. “REBUILT-IA.” This designation supersedes other designations. When a designation of “REBUILT-IA” is required pursuant to rule 761—405.7(321), it replaces any other designation. b. Rebuilt together with a two-letter abbreviation of the name of a foreign jurisdiction. When this designation is required pursuant to subrule 405.8(2), it replaces any other designation except a “REBUILT-IA” designation. c. Damage over 50 percent. The designation shall be used for applicable vehicle transfers occurring prior to July 1, 2021, and shall be carried forward for applicable vehicle transfers occurring prior to July 1, 2021. c. d. Damage over 5070 percent. As required by Iowa Code section 321.69, a designation of “damage over 5070 percent” shall be used when the seller or the buyer indicates on the damage disclosure statement that the person has knowledge that the motor vehicle sustained damage for which the cost of the repair exceeded 5070 percent of the fair market value before the motor vehicle became damaged. This designation replaces any other designation except “rebuilt.” d. e. Flood, fire, vandalism or theft. The most recent designation applies. Unless superseded by a “REBUILT-IA,” “rebuilt,” or “damage over 50 percent”or “damage over 70 percent” designation, a designation of “flood,” “fire,” “vandalism” or “theft” shall be used as specified in subrule 405.8(6) and supersedes a “lemon buy-back” designation. e. f. Lemon buy-back. Unless superseded by a “REBUILT-IA,” “rebuilt,” “damage over 50 percent,”“damage over 70 percent,” “flood,” “fire,” “vandalism” or “theft” designation, a designation of “lemon buy-back” shall be used: (1) When a certificate of title is issued to a manufacturer of a motor vehicle pursuant to Iowa Code section 322G.12. (2) When the prior certificate of title for a motor vehicle is a foreign title indicating that the vehicle was returned to the manufacturer pursuant to Iowa Code chapter 322G or a law of another state similar to Iowa Code chapter 322G. 405.10(2) An Iowa salvage title will be issued with a designation of “salvage” unless a designation listed in subrule 405.10(1) is required. ITEM 8. Amend 761—Chapter 405, implementation sentence, as follows: These rules are intended to implement Iowa Code sectionssection 321.24,section 321.52as amended by 2021 Iowa Acts, Senate File 230, section 1,and sections 321.69 and 322G.12.ARC 6065CTransportation Department[761]Notice of Intended ActionProposing rule making related to commercial driver’s license skills test and providing an opportunity for public comment
The Transportation Department hereby proposes to amend Chapter 607, “Commercial Driver Licensing,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code section 307.12 and section 321.187A as enacted by 2021 Iowa Acts, House File 828, section 5.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code sections 321.187A and 321M.6A as enacted by 2021 Iowa Acts, House File 828, sections 5 and 6.Purpose and Summary This proposed rule making conforms Chapter 607 with 2021 Iowa Acts, House File 828, sections 5 and 6, which authorize the Department and county treasurer locations offering commercial driver’s license (CDL) skills tests to charge fees for that service. All State-run driver’s license service centers administer the CDL skills test, and ten county treasurer locations also offer the CDL skills test. The CDL skills test is comprised of three parts: the pre-trip vehicle inspection test, the basic vehicle control skills test, and the on-road driving skills test. The legislation authorizes the Department to set a $25 fee to administer the pre-trip segment of the skills test and a county treasurer location to charge $25 for each segment of the three-part skills test. The legislation also provides exceptions to the fee for CDL applicants who are employed by or volunteer for a government agency. The fee for the pre-trip segment of the test is due when the CDL skills test is scheduled and is not refundable if the applicant does not show up for the test or fails the test. Fees paid to the Department are directed to be deposited in the Statutory Allocations Fund, and fees paid to a county treasurer location will be retained in the county’s general fund.Fiscal Impact This rule making has no fiscal impact to the State of Iowa beyond any impact anticipated by the legislation. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to 761—Chapter 11. Public Comment Any interested person may submit written comments concerning this proposed rule making or may submit a written request to make an oral presentation at a public hearing. Written comments or requests to present oral comments in response to this rule making must be received by the Department no later than 4:30 p.m. on December 21, 2021. Comments should be directed to: Tracy George Department of Transportation DOT Rules Administrator, Government and Community Relations 800 Lincoln Way Ames, Iowa 50010 Email: tracy.george@iowadot.us Public Hearing If requested, a public hearing to hear oral presentations will be held on December 28, 2021, via conference call at 9 a.m. Persons who wish to participate in the conference call should contact Tracy George before 4:30 p.m. on December 21, 2021, to facilitate an orderly hearing. A conference call number will be provided to participants prior to the hearing. Persons who wish to make oral comments at the public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rule making. Any persons who intend to attend the public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact Tracy George, the Department’s rules administrator, and advise of specific needs. The public hearing will be canceled without further notice if no oral presentation is requested. Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rule-making actions are proposed:
ITEM 1. Amend subrule 607.2(1) as follows: 607.2(1) Information and location. Applications, forms and information about the commercial driver’s license (CDL) are available at any driver’s license service center. Assistance is also available by mail from the Driver and Identification Services BureauMotor Vehicle Division, Iowa Department of Transportation, P.O. Box 9204, Des Moines, Iowa 50306-9204; in person at 6310 SE Convenience Blvd., Ankeny, Iowa; by telephone at (515)244-8725; by facsimile at (515)239-1837; or on the department’s website at www.iowadot.gov. ITEM 2. Adopt the following new subrule 607.28(8): 607.28(8) Fees. Fees authorized pursuant to Iowa Code sections 321.187A and 321M.6A as enacted by 2021 Iowa Acts, House File 828, sections 5 and 6, will be collected by the department or a county treasurer location offering commercial driver’s license skills tests. a. Except as provided in paragraph 607.28(8)“c,” the fee for an applicant to schedule the pre-trip vehicle inspection segment of the skills test with the department is $25. No fees are due to the department for scheduling the basic vehicle control skills or on-road skills segment of the test. b. Except as provided in paragraph 607.28(8)“c,” the fee to schedule the pre-trip vehicle inspection segment of the skills test with a county treasurer is $25. The fee for a county treasurer to administer the basic vehicle control skills segment is $25, and the fee to administer the on-road skills segment of the test is $25. However, if the applicant fails one segment of the driving skills test, no fee shall be due for a subsequent segment of the test. c. If the applicant is an employee or volunteer of a government agency as defined in Iowa Code section 553.3, the following shall apply: (1) The department shall not charge the pre-trip inspection scheduling fee under paragraph 607.28(8)“a.” (2) A county treasurer may charge only the pre-trip inspection fee under paragraph 607.28(8)“b.” (3) An applicant must provide the department or county treasurer with reasonable proof that the applicant is an employee or volunteer of a qualifying government agency and that a commercial driver’s license is necessary for the applicant’s employment or volunteer duties. Reasonable proof shall be provided on Form 430311. Alternatively, if the applicant is seeking a skills test from a county treasurer, reasonable proof may include payment of the pre-trip inspection fee by a government agency on behalf of the applicant. d. If an applicant fails to appear for the pre-trip inspection segment of the skills test, the appointment shall be canceled and no other applicable fees are due. e. Except as provided in paragraph 607.28(8)“g,” new fees will apply if an applicant schedules a new skills test appointment. f. The department or a county treasurer may collect any fees due and owed for the skills test at the same time any fees are collected as part of the commercial driver’s license issuance transaction. g. Any fees collected under this subrule are nonrefundable. However, nothing in this paragraph shall be construed as preventing the department or a county treasurer from transferring a fee charged for a pre-trip inspection to a new pre-trip inspection if rescheduling the appointment is determined necessary or appropriate as determined by the department or county treasurer upon a showing of good cause. h. A skills test fee charged under this subrule that remains unpaid may be collected at the person’s next driver’s license renewal or replacement. ITEM 3. Amend rule 761—607.28(321), implementation sentence, as follows: This rule is intended to implement Iowa Code sectionssection 321.186; section 321.187A as enacted by 2021 Iowa Acts, House File 828, section 5; andsection 321.188; and section 321M.6A as enacted by 2021 Iowa Acts, House File 828, section 6. ITEM 4. Amend paragraph 607.30(2)"a" as follows: a. The department may certify as a third-party tester a community college, Iowa-based motor carrier or Iowa nonprofit corporation to administer skills tests. A community college, Iowa-based motor carrier or Iowa nonprofit corporation that seeks certification as a third-party tester shall contact the driver and identification services bureaumotor vehicle division and schedule a review of the proposed testing program, which shall include the proposed testing courses and facilities, information sufficient to identify all proposed third-party skills test examiners, and any other information necessary to demonstrate compliance with 49 CFR Section 383.75.ARC 6058CVeterinary Medicine Board[811]Amended Notice of Intended ActionProposing rule making related to ethics and providing an opportunity for public comment
The Board of Veterinary Medicine hereby proposes to amend Chapter 10, “Discipline,” Iowa Administrative Code. Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code section 169.5.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code chapter 169.Purpose and Summary This proposed rule making establishes Iowa’s principles of veterinary medical ethics which licensed veterinarians must abide by. These ethics rules are based on the American Veterinary Medical Association’s (AVMA’s) Principles of Veterinary Medical Ethics, which the Board currently utilizes. Licensed veterinarians who violate the ethics rules may be subject to discipline by the Board.Reason for Amendment of Notice of Intended Action Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on June 2, 2021, as ARC 5669C. Two public comments were received. The proposed state ethics rules are largely based on the AVMA’s Principles of Veterinary Medical Ethics. Commenters were concerned that the AVMA principles contain annotations, whereas the state rules would not. Commenters argued that the annotations provide more clarity and the Board should consider including them or providing more clarification on the proposed ethics rules. A commenter questioned the subjectivity of some of the proposed ethics rules and questioned how the Board would interpret and enforce such rules. A commenter requested that the Board revisit the proposed ethics rules as they relate to emergency care and whether or not such a rule change should be dealt with in a different chapter. Following publication of the original Notice, the Board worked with stakeholders to make changes that are substantial enough to warrant an Amended Notice of the proposed rule making. The changes include:
Rule making related to lifetime trout fishing license
The Natural Resource Commission (Commission) hereby amends Chapter 15, “General License Regulations,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code sections 455A.5(6)“a” and 483A.1(1).State or Federal Law Implemented This rule making implements, in whole or in part, 2021 Iowa Acts, House File 234.Purpose and Summary Chapter 15 establishes hunting, fishing, and trapping license fees and governs license sales and refunds, among other topics. Iowa law requires most persons, whether residents or nonresidents, to obtain an applicable license and pay a fee prior to fishing, hunting, or trapping. 2021 Iowa Acts, House File 234 (signed into law on June 8, 2021), establishes a new lifetime trout fishing license for Iowa residents who are at least 65 years of age. Iowa Code section 483A.1 requires that all license fees be promulgated in rule. Accordingly, this rule making adds this new license to Chapter 15 and establishes its $63 fee.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on October 6, 2021, as ARC 5957C. A virtual public hearing was held on October 26, 2021, at 12:30 p.m. Two members of the public attended the public hearing. One suggested a fee of $75, and the other supported a fee of $65. A total of 308 other comments were received during the public comment period. The comments suggested fees ranging from $0 to $200. The vast majority of comments favored a total fee of $65. In response to these public comments, the proposed fee of $65 has been lowered to $63. This $63 license fee, combined with a $2 administration fee, will result in a total amount of $65 as favored by most commenters. In addition, the paragraph was revised to more closely match the language of other paragraphs in subrule 15.12(1).Adoption of Rule Making This rule making was adopted by the Commission on November 10, 2021.Fiscal Impact This rule making has no fiscal impact to the State of Iowa. A copy of the fiscal impact statement is available from the Department of Natural Resources (Department) upon request. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found. A copy of the jobs impact statement is available from the Department upon request.Waivers This rule is subject to the waiver provisions of 571—Chapter 11. Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Commission for a waiver of the discretionary provisions, if any.Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date This rule making will become effective on January 5, 2022. The following rule-making action is adopted:
ITEM 1. Adopt the following new paragraph 15.12(1)"gg": gg. Trout fishing license, lifetime, 65 years of age or older — $63. [Filed 11/10/21, effective 1/5/22][Published 12/1/21]Editor’s Note: For replacement pages for IAC, see IAC Supplement 12/1/21.ARC 6063CSecretary of State[721]Adopted and FiledRule making related to election administration and voting
The Secretary of State hereby amends Chapter 21, “Election Forms and Instructions,” and Chapter 28, “Voter Registration File (I-Voters) Management,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code sections 17A.4, 47.1 and 53.1A.State or Federal Law Implemented This rule making implements, in whole or in part, 2021 Iowa Acts, Senate File 413.Purpose and Summary This rule making adds new rules and amends existing rules, including Iowa Code citations, in accordance with 2021 Iowa Acts, Senate File 413. This rule making makes necessary adjustments to accommodate for the implementation of a sure count deadline for absentee ballots; updates rules related to the use of Intelligent Mail barcode (IMb) Tracing to reflect its continued use for Safe at Home and Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) voters; provides for new rules regarding the issuance of technical infractions pursuant to Iowa Code section 39A.6; brings rules regarding the establishment of satellite voting locations into compliance with 2021 Iowa Acts, Senate File 413; creates rules regarding the establishment of drop boxes for voted absentee ballots; puts in place processes for utilizing reports provided by the electronic registration information center (ERIC); and outlines the requirements for voter list maintenance reports.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on October 6, 2021, as ARC 5958C. No public comments were received. Nonsubstantive changes from the Notice have been made to make the formatting of the term “I-Voters” consistent.Adoption of Rule Making This rule making was adopted by the Secretary of State on November 10, 2021.Fiscal Impact This rule making has no fiscal impact to the State of Iowa. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Secretary of State for a waiver of the discretionary provisions, if any, pursuant to 721—Chapter 10.Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date This rule making will become effective on January 5, 2022. The following rule-making actions are adopted:
ITEM 1. Amend subrule 21.2(2) as follows: 21.2(2) Original absentee ballot applications. The original absentee ballot application submitted electronically shall also be mailed or delivered to the commissioner. If mailed, the envelope bearing the original absentee ballot application shall be postmarked not later than the voter registration deadline provided in Iowa Code section 48A.9 for the election for which the ballot is requested. This subrule shall not apply to documents submitted electronically by UOCAVA voters pursuant to rule 721—21.320(53).a. The voter’s absentee ballot shall be rejected by the absentee and special voters precinct board if the original absentee ballot application which was filed electronically is not received by the time the polls close on election day. b. The voter’s absentee ballot shall be rejected by the absentee and special voters precinct board if the postmark or Intelligent Mail barcode (IMb) on the envelope containing the original absentee ballot application is either illegible or later than the voter registration deadline provided in Iowa Code section 48A.9 for the election for which the ballot is requested. ITEM 2. Amend rule 721—21.12(47,53) as follows:721—21.12(47,53) Absentee ballot receipt deadline when the United States post office is closed on the deadline for receipt of absentee ballots. When the United States post office is closed in observance of a federal holiday and is not delivering mail on the deadline for receipt of absentee ballots as set forth in Iowa Code section 53.17sections 9E.6 and 53.44, the deadline to receive mailed absentee ballots that are determined to have entered the federal mail system timely, as indicated by the postmark or Intelligent Mail barcode (IMb) Tracing, shall move to the next business day on which mail delivery is available. This rule is intended to implement Iowa Code sections9E.6,47.1,and 47.4 and sections 53.17 and 52.22 as amended by 2016 Iowa Acts, House File 2273, sections 11 to 1553.44. ITEM 3. Amend rule 721—21.14(53) as follows:721—21.14(53) Intelligent Mail barcode (IMb) Tracing. A commissioner may choose toshall use Intelligent Mail barcode (IMb) Tracing (IMb Tracing) to determine when an absentee ballot has entered into the federal mail system as an alternative to a traditional postmark verificationfor the purposes of Iowa Code sections 9E.6 and 53.44. 21.14(1) Notice to state commissioner of elections required. a. Prior to a commissioner’s implementation of IMb Tracing for an election, notice must be sent to the state commissioner. b. A commissioner may not implement or discontinue the use of IMb Tracing while an election is open once absentee ballots have been mailed pursuant to Iowa Code section 53.8. c. The state commissioner may issue a waiver to paragraph “b”21.14(1)“b” if a commissioner’s ability to use IMb Tracing is impacted by issues beyond the commissioner’s control. 21.14(2) Determining the eligibility of IMb-marked absentee ballots. An absentee ballot shall be counted once it is determined that the absentee ballot arrived in the federal mail system by the deadline specified in Iowa Code chapter 53sections 9E.6 and 53.44. The absentee ballot’s entry into the federal mail system may be verified either by a postmark or by information obtained through IMb Tracing. For absentee ballots received after election day, but before the official canvass: a. If the postmark or IMb Tracing information indicates that an absentee ballot was received by the deadline specified in Iowa Code chapter 53sections 9E.6 and 53.44, the ballot shall be included for canvass by the absentee and special voters precinct board (board). b. If the postmark is illegible, missing, or dated on or after election day, the commissioner shall attempt to verify the absentee ballot’s entry into the federal mail system by using the IMb Tracing information for the ballot. The commissioner shall provide all of the materials to the board. c. If there is a date discrepancy between the postmark and the IMb, the earlier of the two shall determine whether or not the absentee ballot can be counted. d. If neither the postmark nor the IMb indicate that the absentee ballot entered the federal mail system by the deadline specified in Iowa Code chapter 53sections 9E.6 and 53.44, the absentee ballot shall not be counted. e. The information provided by the commissioner to the board must contain the numeric value assigned to the IMb barcode and a full report from the United States Postal Service. f. A board member from each political party for partisan elections or two members from the board for nonpartisan elections shall review the IMb Tracing information provided by the commissioner and shall certify the information by initialing the envelope and report. g. If the board concludes that the IMb Tracing information verifies that the absentee ballot entered the federal mail system by the deadline specified in Iowa Code chapter 53sections 9E.6 and 53.44, the absentee ballot shall be counted. 21.14(3) Report to the state commissioner. A commissioner who makes use of IMb Tracing shall file a report with the state commissioner for each general election no later than the first day of December following each general election. The report shall be on a form prescribed by the state commissioner. This rule is intended to implement Iowa Code sections 53.17 and 53.22 as amended by 2016 Iowa Acts, House File 2273, sections 11 to 159E.6, 53.17A and 53.44. ITEM 4. Adopt the following new rule 721—21.100(39A):721—21.100(39A) Issuance of technical infractions. 21.100(1) If the state commissioner becomes aware of an apparent technical violation of a provision of Iowa Code chapters 39 through 53, the state commissioner may administratively provide a written notice and letter of instruction to the commissioner or other responsible person regarding proper compliance procedures. 21.100(2) If a commissioner becomes aware of an apparent technical violation of a provision of Iowa Code chapters 39 through 53, the commissioner shall notify the state commissioner in writing for review pursuant to rule 721—21.102(49). The commissioner shall administratively provide a written notice and letter of instruction to the responsible person regarding proper compliance procedures only if the commissioner has direct supervisory authority over the responsible person. 21.100(3) If the state commissioner sends a notice of such a technical infraction to a commissioner, the state commissioner may require a written explanation of the occurrence and the measures that the person took to redress the issues contained within the notice. 21.100(4) Upon the issuance of a technical infraction to a commissioner, the state commissioner shall also impose a fine not to exceed $10,000 to be deposited in the general fund. The state commissioner shall impose the fine based on the totality of the circumstances regarding the apparent technical violation of Iowa Code chapters 39 through 53. A commissioner’s party affiliation shall not be considered when determining the amount of a fine. The state commissioner may consider the number of technical infractions previously issued to a commissioner when determining the amount of a fine. The state commissioner shall provide an explanation of the amount of the fine in the written notice and letter of instruction. a. The commissioner shall pay a fine issued pursuant to Iowa Code section 39A.6, in full or file an appeal pursuant to Iowa Code chapter 17A within 60 days. The appeals process shall be the same process outlined in 721—Chapter 3. b. A commissioner who fails to pay a fine in full that was not dismissed pursuant to Iowa Code chapter 17A shall be suspended from office for a period not to exceed two years pursuant to Iowa Code sections 66.7 and 66.8. c. If a commissioner is suspended pursuant to Iowa Code section 39A.6, the state commissioner shall direct the deputy of the county commissioner to oversee the functions of the office until the suspension is revoked or the office is vacated and a successor is elected. The state commissioner may direct the state commissioner’s staff to assist in the performance of the duties of a suspended commissioner. 21.100(5) Upon issuing a technical infraction, the state commissioner shall immediately inform the attorney general and relevant county attorney if the apparent violation constitutes or may constitute election misconduct under this chapter. This rule is intended to implement Iowa Code section 39A.6. ITEM 5. Adopt the following new rule 721—21.103(39A):721—21.103(39A) Election misconduct—investigation. 21.103(1) The attorney general or county attorney shall investigate allegations of election misconduct reported to the attorney general or county attorney. Election misconduct by an election official shall also be investigated for prosecution under Iowa Code chapter 721. 21.103(2) Upon the completion of an investigation required by Iowa Code section 39A.7, the attorney general or county attorney shall submit the results of the investigation to the state commissioner in writing and explain whether the attorney general or county attorney will pursue charges. If the attorney general or county attorney will pursue charges, the attorney general or county attorney shall report the result of the final disposition of the case to the state commissioner. This rule is intended to implement Iowa Code section 39A.7. ITEM 6. Amend subrule 21.300(1) as follows: 21.300(1) Establishment of stations. Satellite absentee voting stations may be established by the county commissioner of elections or by a petition of eligible electors of the jurisdiction conducting the election. a. Satellite absentee voting stations established by the county commissioner.The county commissioner of elections may designate locations in the county for satellite absentee voting stations. Satellite absentee voting stations established by the commissioner shall be accessible to elderly and disabled voters. Satellite absentee voting stations must also be established so as to provide for voting in secret and ballot security. b. a. Satellite absentee voting stations established after receipt of a valid petition.A petition requesting a satellite absentee voting station shall be substantially in the form titled “Petition Requesting Satellite Absentee Voting Station” available on the state commissioner’s website. If the commissioner receives a petition requesting a satellite absentee voting station on or before the petition deadline set forth in Iowa Code section 53.11, the commissioner shall determine the validity of the petition within 24 hours. A petition requesting a satellite absentee voting station is valid if it contains signatures of not less than 100 eligible electors of the jurisdictioncounty conducting the electionwho are eligible to vote in the election that is the subject of the petition. Electors signing the petition must include their signature, house number, street, and date the petition was signed. Signatures on lines not containing all of the required information shall not be counted. The heading on each page of the petition shall include the satellite location requested and the election name or date for which the location is requested. Signatures on petition pages without the required heading shall not be counted. c. b. Mandatory rejection of certain satellite absentee voting stations.Otherwise valid petitions for satellite absentee voting stations shall be rejected within four days of the commissioner’s receipt of the petition if: (1) The site requested is not accessible to elderly and disabled voters, (2) The site requested has other physical limitations that make it impossible to meet the requirements for ballot security and secret voting, or (3) The owner of the site refuses permission to locate the satellite absentee voting station at the site requested on the petition., unless the site is required to serve as a polling place pursuant to Iowa Code section 49.21(2), or (4) After reasonable efforts, the commissioner is unable to sufficiently staff the satellite absentee voting station to ensure compliance with the laws of this state. d. c. Discretionary rejection of certain satellite absentee voting stations.Otherwise valid petitions for satellite absentee voting stations may be rejected within four days of the commissioner’s receipt of the petition if: (1) A petition is received requesting satellite voting for a city runoff election and a special election is scheduled to be held between the regular city election and a city runoff election., or (2) The owner of the site demands payment for its use, unless the site is required to serve as a polling place pursuant to Iowa Code section 49.21(2). d. Two or more satellite absentee voting petitions.If the commissioner receives valid petitions to establish two or more satellite absentee voting stations located within the same precinct, the commissioner may choose to establish a satellite absentee voting station at only one of the locations. e. Provision of ballots.Only ballots from the county in which the site is located may be provided at the satellite absentee voting station. Ballots must be provided for the precinct in which the satellite absentee voting station is located; however, it is not necessary to provide ballots from all of the precincts in the political subdivision for which the election is being conducted. ITEM 7. Amend rule 721—21.303(53) as follows:721—21.303(53) Mailing absentee ballots. The commissioner shall mail the following materials to each person who has requested an absentee ballot:- Ballot. The ballot that corresponds to the voter’s residence, as indicated by the residential address on the absentee ballot application.
- Public measure text. The full text of any public measures that are summarized on the ballot, but not printed in full.
- Secrecy envelope. Secrecy envelope, if the ballot cannot be folded to cover all of the voting ovals, as required by Iowa Code section 53.8(1).
- Affidavit envelope. The affidavit envelope, which shall be marked with the I-Voters-assigned sequence number used to identify the absentee request in the commissioner’s records.
- Return envelope. The return envelope, which shall be addressed to the commissioner’s office and bear appropriate return postage or a postal permit guaranteeing that the commissioner will pay the return postage and which shall be marked with the I-Voters-assigned sequence number used to identify the absentee request in the commissioner’s records. All domestic and UOCAVA return envelope flaps or backs shall also be printed or stamped with a notice in substantially the following form: “This ballot will only be eligible for counting if it is received by the auditor’s office before the polls close on election day or postmarked before election day and received by the deadline listed in the voting instructions included with this ballot. Postmarks are not guaranteed! Mail the ballot early to make sure it is received on time. Track the status of your absentee ballot at www.sos.iowa.gov.”
- Delivery envelope. The delivery envelope, which shall be addressed to the voter and bear the I-Voters-assigned sequence number used to identify the absentee request in the commissioner’s records. All other materials shall be enclosed in the delivery envelope.
- Instructions. Absentee voting instructions, which shall be in the form required by rule 721—22.250(52).
- Receipt. The receipt form required by Iowa Code section 53.3, which may be printed on the instructions required by numbered paragraph “7” above.
Rule making related to driver’s privacy protection and motor vehicle records
The Transportation Department hereby amends Chapter 4, “Public Records and Fair Information Practices,” adopts new Chapter 301, “Driver’s Privacy Protection—Motor Vehicle Records” and rescinds Chapter 415, “Driver’s Privacy Protection—Certificates of Title and Vehicle Registration,” Chapter 610, “Release of Computerized Driver’s License and Nonoperator’s Identification Card Records,” and Chapter 611, “Driver’s Privacy Protection—Driver’s License and Nonoperator’s Identification Card,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code sections 307.12, 321.11 and 321A.3.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code sections 321.10, 321.11, 321.13 and 321A.3 and 18 U.S.C. Section 2721 et seq.Purpose and Summary This rule making adopts new Chapter 301, which combines content from current Chapters 415, 610 and 611, related to motor vehicle records and the federal Driver’s Privacy Protection Act of 1994 (DPPA). The purpose of creating this new chapter is to join chapters with similar content and reduce the number of places an interested party would need to check to determine the privacy requirements related to personal information contained in motor vehicle records protected under the DPPA. Along with the adoption of new Chapter 301, the three current Chapters 415, 610 and 611 will be rescinded and Chapter 4 will be amended to refer to Chapter 301. In addition to simply combining content from three separate chapters into one chapter, this rule making updates the rules to align with existing legal authority and Department practice and eliminates outdated or irrelevant requirements or options. The following paragraphs further explain the amendments: Applicability. The rule concerning applicability states that the chapter applies to personal information contained in motor vehicle records, which is covered under the DPPA and Chapter 301. Definitions. The definitions rule combines definitions from Chapters 415, 610 and 611. No new definitions have been added. Motor vehicle records access. The amendments outline the requirements and procedures implementing the DPPA and Iowa Code section 321.11 as these requirements pertain to accessing motor vehicle records. Specifically, the rules outline the process for accessing a motor vehicle record containing personal information depending on if the requester is seeking a motor vehicle record that contains personal information about another individual, or if the requester is seeking information from the requester’s own motor vehicle records, or if the requester is a law enforcement agency. The rule states that the Department shall not release any personal information if requested by vehicle license plate number or validation sticker number, except as provided in Iowa Code section 321.11. The rules also provide that all requesters who obtain personal information from the Department are required to comply with the provisions of Iowa Code section 321.11 and the DPPA. Electronic motor vehicle records. The Department has the ability to create an electronic file of motor vehicle records for authorized requesters under the DPPA, and the rule provides that the Department may either require the privacy act form to be completed or the Department may enter into a memorandum of understanding governing the terms of accessing motor vehicle records electronically. Certified driving record abstracts. A certified abstract of a driving record contains information on the face of an individual’s driver’s license in addition to information regarding the individual’s driver’s license sanctions, reportable motor vehicle accidents, and convictions. A certified abstract of a driving record is often used in court proceedings or for other official purposes. Personal information in a certified abstract of a driving record may only be released if the requester completes and submits the applicable privacy act agreement form, provides any required proof of identity and authority to secure access to the information, and pays any applicable statutory fee. The rule also includes application provisions for law enforcement agencies or a person seeking the person’s own record.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on September 22, 2021, as ARC 5921C. A public hearing was held on October 14, 2021, at 1 p.m. The Department received written and oral comments from an insurance agent and risk management consultant, Matthew Wilson with Molyneaux. Shelly Chandler and Susan Seehase from the Iowa Association of Community Providers also participated in the public hearing. The commenters had concerns about a recent change in status as an authorized requester of motor vehicle records. However, the commenters agreed that the amendments do not change who is considered an authorized requester under the law and are willing to continue to work with the Motor Vehicle Division to resolve their concerns outside of the rule-making process. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Department on November 9, 2021.Fiscal Impact This rule making has no fiscal impact to the State of Iowa because the Department is not adding any fees that are not already required by statute. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to 761—Chapter 11.Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date This rule making will become effective on January 5, 2022. The following rule-making actions are adopted:
ITEM 1. Amend paragraph 4.9(13)"a" as follows: a. Information other than personal information contained on electronic driver’s license or nonoperator’s identification card records that is provided by the licensee or card holder to the department for use by law enforcement, first responders, emergency medical service providers, and other medical personnel responding to or assisting with an emergency may be disclosed only as provided in Iowa Code sections 321.11 and 321.11A, 18 U.S.C. § 2721 et seq., and 761—Chapters 415, 610 and 611761—Chapter 301. ITEM 2. Adopt the following new 761—Chapter 301: CHAPTER 301DRIVER’S PRIVACY PROTECTION—MOTOR VEHICLE RECORDS761—301.1(321) Applicability. This chapter applies to personal information and highly restricted personal information in records pertaining to driver’s licenses, nonoperator’s identification cards, and personal information and highly restricted personal information about vehicle owners in records pertaining to certificates of title, registration receipts and registration renewal receipts issued by the department or a county treasurer. In addition to information on current licensees and cardholders, motor vehicle records include information on individuals who do not currently hold a driver’s license or nonoperator’s identification card, including, but not limited to, operating records and records of driver sanctions. This rule is intended to implement Iowa Code section 321.11 and 18 U.S.C. §2721 et seq.761—301.2(321) Adoption. The department adopts the Driver’s Privacy Protection Act of 1994 (18 U.S.C. §2721 et seq.) for motor vehicle records. This rule is intended to implement Iowa Code section 321.11 and 18 U.S.C. §2721 et seq.761—301.3(321) Definitions. "Certified abstract of operating record" means the same as described in Iowa Code section 321A.3(1). "Driver’s license" means the same as defined in Iowa Code section 321.1(20A). "Driver’s Privacy Protection Act" means the Act adopted in rule 761—301.2(321). "Highly restricted personal information" means an individual’s photograph or image, social security number, or medical or disability information. "Law enforcement agency" includes, but is not limited to, county attorneys, federal district attorneys, attorneys general, state and federal departments of justice, and a division or unit of a governmental agency if the division’s or unit’s primary responsibility is to prevent or detect crime or enforce criminal laws. "Motor vehicle record" as used in the Driver’s Privacy Protection Act means any record that pertains to a driver’s license, nonoperator’s identification card, certificate of title, registration receipt, or registration renewal receipt issued by the department or a county treasurer. "Person" means an individual, organization or entity. "Personal information" means information that identifies an individual, including the items listed in Iowa Code section 321.11 and 18 U.S.C. §2725 of the Driver’s Privacy Protection Act adopted in rule 761—301.2(321). “Personal information” also includes information on an individual’s nonoperator’s identification card. "Requester" means an individual, organization or entity that seeks from the department access to personal information or highly restricted personal information contained in the individual’s own or another individual’s motor vehicle record. A requester does not include an individual who is an authorized employee of the department or a county treasurer acting within the scope of the employee’s office or employment. "Sanction" means the same as defined in rule 761—615.1(321). "Vehicle owner" as used in this chapter means a vehicle owner who is an individual, not a company, organization or other legal entity. This rule is intended to implement Iowa Code section 321.11 and 18 U.S.C. §2721 et seq.761—301.4(17A) Information and addresses. Information and forms for records pertaining to motor vehicle records may be obtained at any driver’s license service center or by mail from the Motor Vehicle Division, Iowa Department of Transportation, P.O. Box 9278, Des Moines, Iowa 50306-9278; in person at 6310 SE Convenience Blvd., Ankeny, Iowa; by telephone at (515)237-3110; by email at privacy.agreements@iowadot.us; or on the department’s website at www.iowadot.gov. This rule is intended to implement Iowa Code section 17A.3.761—301.5(321) Requirements and procedures. Notwithstanding Iowa Code chapter 22 and 761—Chapter 4, the following procedures implement the Driver’s Privacy Protection Act and Iowa Code section 321.11 as the provisions pertain to access to records related to driver’s licenses, nonoperator’s identification cards, certificates of title, registration receipts and registration renewal receipts. The department does not provide the waiver procedure described in the Driver’s Privacy Protection Act (codified as 18 U.S.C. §2721(d)). 301.5(1) The department shall require a requester who requests personal information or highly restricted personal information about another individual to: a. Complete Form 431069, “Privacy Act Agreement for Request of Motor Vehicle Records,” and submit the form to any driver’s license service center or the motor vehicle division at the address in rule 761—301.4(17A). b. Provide proof of identity and authority to access the information by completing Form 431069, “Privacy Act Agreement for Request of Motor Vehicle Records,” and including a legible photocopy of the requester’s driver’s license or nonoperator’s identification card. c. Provide proof of authority to secure access to the personal information or highly restricted personal information by completing Part C of Form 431069, “Privacy Act Agreement for Request of Motor Vehicle Records,” and providing the department with proof of the requester’s status or other additional information the department may request. d. Complete the certification on Part D of Form 431069, “Privacy Act Agreement for Request of Motor Vehicle Records,” and provide any proof necessary to establish relevant facts. 301.5(2) The department shall require a law enforcement agency that requests personal information or highly restricted personal information about another individual to either follow the process in subrule 301.5(1) or complete and submit Form 431200, “Certified Motor Vehicle Record Request Form for Use by County Attorney’s Offices and Law Enforcement Agencies,” to any driver’s license service center or the motor vehicle division at the address in rule 761—301.4(321). Nothing in this subrule shall preclude a law enforcement agency from completing and submitting Form 431069 or from entering into a memorandum of understanding with the department for the purposes of requesting personal information or highly restricted personal information. 301.5(3) The department shall require a requester who requests personal information or highly restricted personal information about themselves to either: a. Complete and submit Part A of Form 431069, “Privacy Act Agreement for Request of Motor Vehicle Records,” including a photocopy of the requester’s driver’s license or nonoperator’s identification card to any driver’s license service center or the motor vehicle division at the address in rule 761—301.4(321). b. Provide valid proof of the requester’s identity to any driver’s license service center or the motor vehicle division at the address in rule 761—301.4(321). 301.5(4) Personal information and highly restricted personal information, except for an individual’s photograph or image, may be disclosed with the express written consent of the individual or vehicle owner to whom such information applies. When the requester has obtained the written consent of the individual or vehicle owner to whom the information applies, the requester must attach that written consent on a completed Form 431069, “Privacy Act Agreement for Request of Motor Vehicle Records,” and submit the form to any driver’s license service center or the motor vehicle division at the address in rule 761—301.4(321). An individual’s signature on the document providing express written consent allowing disclosure of the individual’s personal information to another person must be notarized, or in the alternative, the signed written consent document must be accompanied by a copy of the individual’s driver’s license or nonoperator’s identification card. 301.5(5) The statutory fee, if applicable, shall accompany the request for a motor vehicle record. 301.5(6) The department shall not release any personal information or highly restricted personal information if the request is made by plate number or validation sticker number, except as provided in Iowa Code section 321.11. 301.5(7) All requesters who obtain personal information or highly restricted personal information from the department are required to comply with Iowa Code section 321.11 and the Driver’s Privacy Protection Act. 301.5(8) The department may transmit records to an authorized requester under this chapter by email. This rule is intended to implement Iowa Code sections 321.10 and 321.11 and 18 U.S.C. §2721 et seq.761—301.6(321) Electronic motor vehicle records files. Motor vehicle records files may be made available electronically to authorized requesters under the Driver’s Privacy Protection Act upon approval by the department and upon payment of any applicable fees. The department may require the requester to complete and submit Form 431069, “Privacy Act Agreement for Request of Motor Vehicle Records,” or Form 431200, “Certified Motor Vehicle Record Request Form for Use by County Attorney’s Offices and Law Enforcement Agencies,” to any driver’s license service center or the motor vehicle division at the address in rule 761—301.4(321), including any required attachments, or may enter into a memorandum of understanding governing the terms of accessing the motor vehicle records files electronically. This rule is intended to implement Iowa Code section 321.11 and 18 U.S.C. §2721 et seq.761—301.7(321,321A) Certified abstract of operating records. 301.7(1) In accordance with Iowa Code section 321A.3, a certified abstract of the operating record of an individual is available. The record includes the information that is on the face of the individual’s driver’s license, plus information on the individual’s sanctions, reportable vehicle accidents, and convictions. The certified abstract of operating record does not include the individual’s photograph, social security number, or medical or disability information. 301.7(2) To obtain a certified abstract of an operating record of another individual, a requester shall complete Form 431069, “Privacy Act Agreement for Request of Motor Vehicle Records,” and submit the form to any driver’s license service center or the motor vehicle division at the address in rule 761—301.4(17A). Form 431069 must be completed with all required attachments before the department will process a request for a certified abstract of an operating record of another individual. A requester must attach a legible photocopy of the requester’s driver’s license or nonoperator’s identification card to the form. a. Personal information and highly restricted personal information protected by Iowa Code section 321.11 and the Driver’s Privacy Protection Act may be released only if all of the following apply: (1) The requester has complied with each of the following requirements: 1. Completed and submitted Form 431069, “Privacy Act Agreement for Request of Motor Vehicle Records,” including proof of authority to secure access to the personal information or highly restricted personal information. 2. Included all required attachments with the form, including a photocopy of the requester’s driver’s license or nonoperator’s identification card. 3. Paid the statutory fee by the methods permitted under Iowa Code section 321A.3, if applicable, for the requested record. (2) The department is satisfied with the genuineness, regularity, and legality of the application and in any statement made within the application and in any required attachments. b. Reserved. 301.7(3) The department shall require a law enforcement agency that requests a certified abstract of an operating record to complete to either follow the process in subrule 301.7(2) or submit Form 431200, “Certified Motor Vehicle Record Request Form for Use by County Attorney’s Offices and Law Enforcement Agencies,” to any driver’s license service center or the motor vehicle division at the address in rule 761—301.4(321). Nothing in this subrule shall preclude a law enforcement agency from completing and submitting Form 431069 or from entering into a memorandum of understanding with the department for the purposes of requesting information under this rule. 301.7(4) The department shall require a requester seeking the requester’s own operating record to either: a. Complete and submit Part A of Form 431069, “Privacy Act Agreement for Request of Motor Vehicle Records,” including a photocopy of the requester’s driver’s license or nonoperator’s identification card to any driver’s license service center or the motor vehicle division at the address in rule 761—301.4(321). b. Provide valid proof of the requester’s identity to any driver’s license service center or the motor vehicle division at the address in rule 761—301.4(321). 301.7(5) The statutory fee, if applicable, shall accompany the request for a certified abstract of the operating record. There is no fee for an individual to view the individual’s own operating record. Pursuant to the authority in Iowa Code section 321A.3, the department shall comply with the requirements of 781—Chapter 8 for payments accepted by credit card. 301.7(6) The single-use restriction in Iowa Code section 321A.3(8) applies only to the certified abstract of operating records and to persons who are subject to the fee listed in Iowa Code section 321A.3(1). 301.7(7) Any person who obtains a certified abstract of operating record from the department is required to comply with Iowa Code section 321.11 and the Driver’s Privacy Protection Act. This rule is intended to implement Iowa Code sections 321.11, 321.13 and 321A.3 and 18 U.S.C. §2721 et seq. ITEM 3. Rescind and reserve 761—Chapter 415. ITEM 4. Rescind and reserve 761—Chapter 610. ITEM 5. Rescind and reserve 761—Chapter 611. [Filed 11/9/21, effective 1/5/22][Published 12/1/21]Editor’s Note: For replacement pages for IAC, see IAC Supplement 12/1/21.ARC 6061CTransportation Department[761]Adopted and FiledRule making related to emergency interstate fleet permit
The Transportation Department hereby amends Chapter 511, “Special Permits for Operation and Movement of Vehicles and Loads of Excess Size and Weight,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 307.12 and chapter 321E as amended by 2021 Iowa Acts, House File 382.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code chapter 321E as amended by 2021 Iowa Acts, House File 382.Purpose and Summary This rule making updates Chapter 511 to conform the rules with 2021 Iowa Acts, House File 382. House File 382 creates a new emergency interstate fleet permit, which will allow all vehicles operating under the same interstate or intrastate motor carrier number to travel under the same permit, provided all vehicles are carrying divisible loads of disaster relief supplies related to a presidentially declared national emergency that has been declared a major disaster under the federal Stafford Act. Prior to the legislative change, the Department was not authorized to issue one special permit to apply to multiple vehicles operating under the same motor carrier’s interstate or intrastate number. Rather, the Department’s only option was to issue vehicle-specific permits. The intent of the legislation was to reduce administrative burden for motor carriers responding to emergencies.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on September 22, 2021, as ARC 5923C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Department on November 9, 2021.Fiscal Impact This rule making has no fiscal impact to the State of Iowa beyond any impact anticipated by the legislation. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to 761—Chapter 11.Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date This rule making will become effective on January 5, 2022. The following rule-making actions are adopted:
ITEM 1. Amend rule 761—511.1(321E), definition of “Permit-issuing authority,” as follows: "Permit-issuing authority" means the:- Department’s vehicle and motor carrier services bureauvehicle division for permits for movement on the primary road system.
- Authority responsible for the maintenance of a nonprimary system of highways or streets for permits for movement on that system. However, the vehicle and motor carrier services bureauvehicle division may issue single-trip permits on primary road extensions in cities in conjunction with movement on the rural primary road system.
Rule making related to driver’s licenses, REAL ID documentation and driver’s knowledge tests
The Transportation Department hereby amends Chapter 601, “Application for License,” and Chapter 604, “License Examination,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code sections 307.12 and 321.182.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code chapter 17A and sections 321.177, 321.182 and 321.186; H.R. 133, Division U, Title X, REAL ID Modernization Act; and 6 CFR Sections 37.11 and 37.13.Purpose and Summary This rule making updates the driver’s license application and examination process within Chapters 601 and 604 and aligns with existing legal authority and Department practice. These amendments incorporate existing legal authority from Iowa Code section 321.177 into the driver’s license application process relating to the Department’s responsibility to ensure a driver’s license holder is physically and mentally capable of operating a motor vehicle safely. The amendments to subrule 601.5(2), regarding the verification of Social Security numbers, align this subrule with amendments made to the federal REAL ID Act of 2005 by the REAL ID Modernization Act (H.R. 133, Division U, Title X), which was signed into law on December 27, 2020. These changes to the federal law eased the burden on persons seeking to provide proof of their Social Security number for the purpose of obtaining a REAL ID. Prior to the federal law changes and this amendment, a person could provide proof of the person’s Social Security number only from a small prescribed list of documents. However, now the federal law allows a person to simply provide the person’s Social Security number, which the Department is still required to verify through the Social Security Online Verification (SSOLV) system. The amendments to subrule 601.5(5), relating to proof of a legal name change, remove barriers that certain customers have experienced when attempting to provide proof of a legal name change. The first change is to no longer require a court-ordered name change to contain the applicant’s date of birth. This is because a person’s date of birth is not always included in the court order, especially if that order is a divorce decree, and therefore this omission should not be a barrier to accepting a court order as a legal name change document. The second change is to ease the proof of legal name change process for existing Iowa licensees or cardholders whose name on their credential already matches their current legal name. This change incorporates guidance received from the U.S. Department of Homeland Security clarifying that an existing Iowa licensee or cardholder may prove a legal name change via confirmation from the SSOLV system pursuant to 6 CFR Section 37.13. This rule making adds new subrule 601.5(8), which adopts the REAL ID exceptions process from federal regulation 6 CFR Section 37.11(h). This process deals with situations in which an applicant for a REAL ID driver’s license or nonoperator’s identification card is unable, because of reasons beyond the applicant’s control, to provide a necessary proof of identity and date of birth or proof of legal name change document in order to be issued a REAL ID-compliant credential. The federal REAL ID regulations provide that the Department must require an applicant to prove the applicant’s identity, date of birth, proof of name change and lawful status in the United States. The applicant can accomplish this by providing certain acceptable documents found in 6 CFR Section 37.11, and Iowa law mirrors the federal regulations. By adopting this new subrule, the Department will be able to provide a more streamlined exceptions process for applicants seeking a REAL ID credential, including allowing the Department to accept an I-94 document that was issued and verified by the U.S. Department of Homeland Security as proof of identity and date of birth for a refugee or asylee. Having a streamlined process will be especially important as the mandatory May 3, 2023, REAL ID compliance deadline approaches for persons wishing to board a commercial aircraft or enter a federal building. The amendments also update Chapter 604, the license examination rules, to align with current Department practice of allowing the noncommercial driver’s license knowledge and driving test results to be valid for 180 days rather than 90 days. These amendments also clarify the waiting periods for repeating a knowledge test and a driving test.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on September 22, 2021, as ARC 5924C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Department on November 9, 2021.Fiscal Impact This rule making has no fiscal impact to the State of Iowa. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to 761—Chapter 11.Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date This rule making will become effective on January 5, 2022. The following rule-making actions are adopted:
ITEM 1. Amend subrule 601.1(4) as follows: 601.1(4) Disabilities. The applicant shall indicate and explain any mental or physical disabilities which might affect the applicant’s ability to operate a motor vehicle safely.The department may make further inquiries of the applicant or require further information necessary to determine whether it is safe to grant the applicant a driving privilege, including but not limited to requesting an examination authorized under Iowa Code section 321.186. ITEM 2. Amend rule 761—601.1(321), implementation sentence, as follows: This rule is intended to implement Iowa Code sections 321.13,321.177,321.182,321.186,321.196 and 321C.1,; Article V, the REAL ID Act of 2005 (49 U.S.C. Section 30301 note),; and 6 CFR Part 37. ITEM 3. Amend rule 761—601.5(321) as follows:761—601.5(321) Proofs submitted with application. A person who applies for a new Iowa driver’s license or nonoperator’s identification card, including a person who currently holds a license or card issued by another state or foreign jurisdiction, shall submit proof of identity, date of birth, social security number, Iowa residency and current residential address, and lawful status in the United States. 601.5(1) Verification of identity and date of birth. To establish identity and date of birth, an applicant must submit at least one of the following documents. The department may require additional documentation if the department believes that the documentation submitted is questionable or if the department has reason to believe that the person is not who the person claims to be. a. A valid, unexpired U.S. passport or U.S. passport card. b. A certified copy of a birth certificate and, if applicable, a certified amended or new birth certificate showing a change in name, date of birth, or sex, filed with a state office of vital statistics or equivalent agency in the applicant’s state of birth. The birth certificate must bear the issuing authority’s certification of authenticity. A hospital-issued certificate is not acceptable. As used herein, “state” means a state of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. c. A Consular Report of Birth Abroad issued by the U.S. Department of State (Form FS-240, DS-1350 or FS-545). d. A valid, unexpired Permanent Resident Card (Form I-551) issued by the U.S. Department of Homeland Security or U.S. Immigration and Naturalization Service. e. An unexpired employment authorization document issued by the U.S. Department of Homeland Security (Form I-766 or Form I-688B). f. An unexpired foreign passport with a U.S. visa affixed, accompanied by the approved I-94 form documenting the applicant’s most recent admittance into the United States. g. A Certificate of Naturalization issued by the U.S. Department of Homeland Security (Form N-550 or Form N-570). h. A Certificate of Citizenship (Form N-560 or Form N-561) issued by the U.S. Department of Homeland Security. i. A REAL ID driver’s license or identification card issued in compliance with the standards established by 6 CFR Part 37. j. Such other documents as the U.S. Department of Homeland Security may designate as acceptable proof of identity and date of birth for REAL ID purposes by notice published in the Federal Register. k. An Inmate Descriptor Inquiry, Client Information Inquiry or Offender Snapshot document issued by the Iowa department of corrections or the United States District Court, Northern and Southern Districts of Iowa. The document must contain the applicant’s full legal name and date of birth and be notarized. An applicant who provides only a document listed in this paragraph shall not be eligible for a driver’s license or nonoperator’s identification card marked as acceptable for federal purposes under 6 CFR Part 37. 601.5(2) Verification of social security number. a. Except as provided in paragraph 601.5(2)“b,” an applicant must presentproof of the applicant’s Social Security Administration’s account number card; or if a social security account number card is not available, the applicant may present any of the following documents bearing the applicant’s social security number:. (1) A W-2 form. (2) A Social Security Administration-1099 form. (3) A non-Social Security Administration-1099 form. (4) A pay stub with the applicant’s name and social security number on it. (5) An Internal Revenue Service Form 1095-A, 1095-B or 1095-C. b. An applicant who establishes identity by presenting the identity document listed in paragraph 601.5(1)“f” (unexpired foreign passport with a valid, unexpired U.S. visa affixedand accompanied by the approved I-94 form documenting the applicant’s most recent admittance into the United States) must documentpresent proof of the applicant’s social security number as set forth in paragraph 601.5(2)“a” or demonstrate non-work authorized status. 601.5(3) Verification of Iowa residency and current residential address. a. To document Iowa residency and current residential address, an applicant must present two documents that include the applicant’s name and current Iowa residential address and that demonstrate residency in the state of Iowa. Acceptable documents are documents issued by a person, organization, or entity other than the applicant, that include the issuer’s name and address, include the applicant’s name and current residential address, and demonstrate residency in the state of Iowa. The documents must be reasonable, authentic documents capable of verification by the department. b. The address must be a street or highway address, and may not be a post office box. In areas where a number and street name have not been assigned, an address convention used by the U.S. Postal Service is acceptable. The current residence of a person with more than one dwelling is the dwelling for which the person claims a homestead tax credit under Iowa Code chapter 425, if applicable. c. An applicant who is a member of the armed forces and is an Iowa resident stationed in another state may use the applicant’s address in the state of station as the applicant’s current residential address if the applicant does not maintain an Iowa residence during the applicant’s deployment outside the state of Iowa. The applicant must provide official documentation confirming the applicant’s residential address in the state of station and that the applicant is stationed in that state. The applicant’s mailing address may be the applicant’s current residential address or another address at which the applicant receives mail. d. An applicant who is a dependent family member of and resides with a member of the armed forces who is an Iowa resident stationed in another state may use the applicant’s address in the state of station as the applicant’s current residential address if the applicant does not maintain an Iowa residence during the applicant’s deployment outside the state of Iowa. The applicant must provide official documentation confirming the applicant’s residential address in the state of station and that the applicant is a dependent family member of a member of the armed forces stationed in that state. The applicant’s mailing address may be the applicant’s current residential address or another address at which the applicant receives mail. 601.5(4) Verification of lawful status in the United States. a. If an applicant presents one of the identity documents listed under subrule 601.5(1), the department’s verification of that identity document is satisfactory evidence of lawful status. b. An applicant who presents only a document listed under subrule 601.5(1), paragraph “e,” “f,” or “i,” is not eligible to receive a driver’s license or nonoperator’s identification card marked as REAL ID compliant unless the applicant also provides one of the other documents listed in subrule 601.5(1), or another United States Department of Homeland Security-approved document. 601.5(5) Verification of name change. The name listed on the driver’s license or nonoperator’s identification card that is issued shall be identical to the name listed on the identity document submitted unless the applicant submits the chain of legal documents necessary to show the legal change of the applicant’s name from the identity document submitted to the applicant’s current legal name.under paragraph 601.5(5)“a” or “b.” Alternatively, an applicant who is an existing Iowa licensee or cardholder may confirm the applicant’s current legal name as displayed on the applicant’s license or card under the requirements of paragraph 601.5(5)“c.” The following documents are acceptable: a. Court-ordered name change. A court order must contain the applicant’s prior legal name, the applicant’s court-ordered legal name, the applicant’s date of birth, and the court’s certification of authenticity. Acceptable court orders include orders under petition for name change, orders for name change set forth in a decree of dissolution, and orders for name change set forth in a decree of adoption. b. Certified copy of marriage certificate. The marriage certificate must be filed with a state office of vital statistics or equivalent agency in the person’s state or country of marriage. The certificate must bear the issuing authority’s certification of authenticity. A church, chapel or similarly issued certificate is not acceptable. As used herein, “state” means a state of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. c. Social security records match. The applicant must establish that the applicant’s Social Security Administration’s account number is issued in the applicant’s current legal name as verified by the department with the Social Security Online Verification (SSOLV) system in accordance with 6 CFR Section 37.13(b)(2). 601.5(6) Verification of change of date of birth. The date of birth listed on the driver’s license or nonoperator’s identification card that is issued shall be identical to the date of birth listed on the identity document submitted unless the applicant submits a certified amended or new birth certificate that documents the change of date of birth and that meets the requirements of paragraph 601.5(1)“b.” 601.5(7) Verification of change of sex designation. The sex designation listed on the driver’s license or nonoperator’s identification card that is issued shall be identical to the sex designation listed on the identity document submitted unless the applicant does one of the following: a. Applicants born in Iowa.An applicant born in Iowa must submit a certified amended or new Iowa birth certificate that documents the change of sex designation and that meets the requirements of paragraph 601.5(1)“b.” b. Applicants born outside of Iowa. (1) An applicant born outside of Iowa may document the change of sex designation by any of the following methods: 1. Submit a certified amended or new birth certificate from a state other than Iowa that documents the change of sex designation and that meets the requirements of paragraph 601.5(1)“b.” 2. Submit an amended or new Consular Report of Birth Abroad that documents the change of sex designation and meets the requirements of paragraph 601.5(1)“c.” 3. Submit an amended or new Certificate of Citizenship that documents the change of sex designation and meets the requirements of paragraph 601.5(1)“h.” 4. Submit a notarized affidavit from a physician and surgeon or osteopathic physician and surgeon that documents all of the following:Rule making related to parent-taught driver education
The Transportation Department hereby amends Chapter 634, “Driver Education,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code sections 307.12 and 321.178A.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code sections 321.178 and 321.178A; 2021 Iowa Acts, House File 380; and 2021 Iowa Acts, Senate File 546.Purpose and Summary This rule making updates Chapter 634 to conform the rules with 2021 Iowa Acts, Senate File 546, sections 9 through 15, and 2021 Iowa Acts, House File 380, sections 1 and 2. Senate File 546 expands the parent-taught driver education program to any student currently attending a public school or accredited nonpublic school or who is receiving home school education under Iowa Code chapter 299A. Prior to the legislative change, only students receiving home school instruction were eligible for the parent-taught driver education program. These amendments align with the legislative changes removing the requirement for an approved parent-taught driver education course to include 30 clock hours of classroom instruction and reducing the behind-the-wheel driving instruction time from 40 hours to 30 hours. These amendments conform with the legislative changes eliminating the required number of hours and minutes of instruction an approved course must include on the topics of substance abuse, distracted driving, and railroad crossing safety, although each of those subject areas must still be included in an approved course. Finally, these amendments adopt the legislative changes prohibiting the Department from requiring a preapproval or application process before a parent and student choose to begin a parent-taught driver education program. House File 380 adds distracted driving as a required topic of instruction for any driver education course, and these amendments incorporate that new topic area into the rules. Most driver education courses already included instruction on distracted driving, but this legislative change ensures the topic will be covered by every instructor.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on September 22, 2021, as ARC 5922C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Department on November 9, 2021.Fiscal Impact This rule making has no fiscal impact to the State of Iowa beyond any impact anticipated by the legislation. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to 761—Chapter 11.Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date This rule making will become effective on January 5, 2022. The following rule-making actions are adopted:
ITEM 1. Amend rule 761—634.1(321) as follows:761—634.1(321) Information and location. Applications, forms and information regarding this chapter are available by mail from the Driver and Identification Services BureauMotor Vehicle Division, Iowa Department of Transportation, P.O. Box 9204, Des Moines, Iowa 50306-9204; in person at 6310 SE Convenience Blvd., Ankeny, Iowa; by telephone at (515)244-8725; by facsimile at (515)239-1837; or on the department’s website at www.iowadot.gov. ITEM 2. Amend rule 761—634.11(321) as follows:761—634.11(321) Driver education—teaching parent. As an alternative to a driver education course offered by a course provider approved under rule 761—634.4(321), a teaching parent may instruct a student in an approved course of driver education. 634.11(1) Definitions. As used in this rule: "Approved course" means a driver education curriculum approved by the department that meets the requirements of Iowa Code section 321.178A and is appropriate for teaching-parent-directed driver education and related behind-the-wheel instruction. "Clear driving record" means the person currently and during the prior two-year period has not been identified as a candidate for suspension or revocation of a driver’s license under the habitual offender or habitual violator provisions of rule 761—615.9(321) or rule 761—615.13(321); is not subject to a driver’s license suspension, revocation, denial, cancellation, disqualification, or bar; and has no record of a conviction for a moving traffic violation determined to be the cause of a motor vehicle accident. "Course vendor" means a third-party vendor that makes available commercially an approved course. "Student" means a person between the ages of 14 and 21 years who is within the custody and control of the teaching parent and who holds a valid Iowa noncommercial instruction permit. "Teaching parent" means the same as defined in Iowa Code section 321.178Aas amended by 2021 Iowa Acts, Senate File 546, section 10. 634.11(2) Application to serve as a teaching parent. a. A person who wishes to provide driver education as a teaching parent to a student shall submit an application on a form provided by the department to the driver and identification services bureau. b. The department shall review the application and shall deny the application for any of the following reasons: (1) The person does not meet the qualifications to serve as a teaching parent set forth in Iowa Code section 321.178A. (2) The person does not have a clear driving record. (3) The application does not properly identify a student eligible to be instructed in driver education by the person. (4) The department has determined the application should be rejected for any reason listed in Iowa Code section 321.13. c. If the application is denied, the department shall issue a letter of denial to the person explaining the reason or reasons for the denial. d. If the application is approved, the department shall issue a letter of approval to the person to serve as a teaching parent for the student identified in the application. 634.11(3) Instruction by a teaching parent. a. A person approved to serve as a teaching parent shall instruct the student using an approved course. b. The teaching parent shall select the course to be used from the list of approved courses posted on the department’s website and shall purchase the course directly from the applicable course vendor. c. No person shall provide driver education as a teaching parent unless approved by the departmentthe person meets the definition of a teaching parent, and the department shall not recognize driver education that was: (1) Provided by a person who is not approved asdoes not meet the definition of a teaching parent. (2) Provided to a person who is not a student as defined in subrule 634.11(1). (3) Offered under a course other than an approved course. 634.11(4) Course completion—certificate of completion. a. Upon the student’s completion of an approved course, the teaching parent shall apply for a certificate of completion on behalf of the student. The teaching parent shall provide evidence showing the student’s completion of an approved course and substantial compliance with the requirements of Iowa Code section 321.178A, by affidavit signed by the teaching parent on a form provided by the department. The teaching parent shall include with the application all documentation, statements, certifications, and logs required by Iowa Code section 321.178A. The application and all required documentation, statements, certifications, and logs shall be submitted to the driver and identification services bureaumotor vehicle division. b. The department shall review the application and evidence submitted and shall deny certification of completion if: (1) The course was not conducted by a person approved by the department to serve asmeeting the definition of a teaching parent for the student for whom certification is sought. (2) The application does not properly identify a student eligible to be instructed in driver education by the teaching parent. (3) The application and evidence do not demonstrate the student’s successful completion of an approved course. (4) The application and evidence do not include all documentation, statements, certifications, and logs required by Iowa Code section 321.178A in adequate and proper form and content. (5) The department has determined that the application should be rejected for any reason listed in Iowa Code section 321.13. c. If the application is denied, the department shall issue a letter of denial to the teaching parent explaining the reason or reasons for the denial. d. If the application is approved, the department shall issue a certificate of completion to the student identified in the application. A certification of completion issued by the department under this subrule shall constitute proof of successful completion of an Iowa-approved course in driver education but shall not be grounds for waiver of a driving test under 761—subrule 604.31(2). 634.11(5) Course approval. a. AFor a course to become an approved course under Iowa Code section 321.178A, a vendor that wishes to offerof a driver education curriculum as an approved course in Iowa shall submit an application on a form provided by the department to the driver and identification services bureaumotor vehicle division, along with a copy of all proposed curriculum materials. A vendor that wishes to offeroffering an electronic curriculum may provide a uniform resource locator (URL) for the proposed electronic materials but must also provide physical copies of the proposed materials. b. To be designated as an approved course, the curriculum submitted must, at a minimum, meet the requirements of Iowa Code section 321.178A, be appropriate for teaching-parent-directed driver education and related street or highway instruction, and meet or exceed the required content set forth in the Appendix to this rule. c. The department shall review the application and proposed curriculum and shall issue a letter of denial to the course vendor explaining the reason or reasons for denial if the proposed curriculum does not meet the requirements for an approved course. d. If the proposed curriculum is approved, the department shall issue a certificate of approval to the vendor designating the curriculum as an approved course and shall list the approved course on the department’s website. Course approval will be issued for one calendar year or for the remainder of a calendar year. The approval expires on December 31 and must be renewed annually by the submission of an application on a form provided by the department and all required materials as set forth in this subrule at least 60 days prior to the expiration date, unless otherwise approved by the department. ITEM 3. Amend 761—Chapter 634, implementation sentence, as follows: These rules are intended to implement Iowa Code sections 321.178,as amended by 2021 Iowa Acts, House File 380, section 1, and Senate File 546, section 9;321.178A,as amended by 2021 Iowa Acts, House File 380, section 2, and Senate File 546, sections 10 to 15;321.180B and 321.194. ITEM 4. Amend the appendix to rule 761—634.11(321) as follows: Appendix to Rule 761—634.11(321)To be designated as an approved course, a curriculum must, at a minimum, meet the requirements of Iowa Code section 321.178A, be appropriate for teaching-parent-directed driver education and related street or highway instruction, and meet or exceed the required content listed below:1.Duration and required content. The course must provide for both classroom and behind-the-wheel instruction. As used in this rule, “classroom instruction” means instruction provided by a teaching parent in a private setting using printed or electronic course materials, and “behind-the-wheel instruction” means street or highway driving instruction provided by a teaching parentor a person who is qualified to provide street or highway driving instruction pursuant to Iowa Code section 321.178 in a motor vehicle operated by the student.a.Classroom instruction shall consist of at least 30 clock hours of classroom instruction and shall include all of the following:i.Four hours of instructionInstruction concerningdistracted driving and substance abuse.ii.A minimum of 20 minutes of instructionInstruction concerning railroad crossing safety.iii.Instruction relating to becoming an organ donor under the revised uniform anatomical gift Act as provided in Iowa Code chapter 142C.iv.Instruction providing awareness about sharing the road withpedestrians, bicycles and motorcycles.b.Behind-the-wheel instruction shall consist of at least 40 hours of street or highway driving including 4 hours of driving after sunset and before sunrise while accompanied by the teaching parentor a person who is qualified to provide street or highway driving instruction pursuant to Iowa Code section 321.178.2.Required topics. The course may follow any format the vendor determines, provided all of the following topics are properly and adequately covered, as detailed in the course application form provided by the department:a.Traffic law – classroom instructioni.Introduction to driver education and driving laws and privileges.ii.Understanding your license to drive.iii.Right-of-way.iv.Traffic control devices.v.Controlling traffic flow.vi.Alcohol and other drugs.vii.Cooperating with other roadway users.b.Driver preparation – classroom and behind-the-wheel instructioni.Pre-drive tasks.ii.Occupant protection.iii.Symbols and devices.iv.Starting tasks.v.Vehicle operation and control tasks.vi.Post-drive tasks.vii.In-car progress assessment.viii.Driving plan (classroom instruction).c.Vehicle movements – classroom and behind-the-wheel instructioni.Visual attention, mental attention and communication.ii.Reference points.iii.Vehicle balance.iv.Vehicle maneuvers.v.In-car progress assessment (behind-the-wheel instruction).d.Driver readiness – classroom and behind-the-wheel instructioni.Driving practices.ii.Fatigue.iii.Aggressive driving.iv.In-car progress assessment (behind-the-wheel instruction).e.Risk reduction – classroom and behind-the-wheel instructioni.Risk factors.ii.Space management.iii.In-car progress assessment (behind-the-wheel instruction).f.Environmental factors – classroom and behind-the-wheel instructioni.Environmental characteristics.ii.Environmental risk factors.iii.In-car progress assessment (behind-the-wheel instruction).g.Distractions – classroom and behind-the-wheel instructioni.Distractions.ii.Multi-task performances.iii.In-car progress assessment (behind-the-wheel instruction).h.Alcohol and other drugs – classroom instructioni.Introduction of alcohol and other drug problems.ii.Nature of alcohol-related crash problems.iii.Physiological effects of alcohol.iv.Psychological effects of alcohol.v.Other drug effects on the driving task.vi.Zero-tolerance in the driving environment.i.Vehicle movement and reference points – behind-the-wheel instructioni.Vehicle movements and reference points (entering and exiting traffic and parking).ii.In-car progress assessment (behind-the-wheel instruction).j.Adverse conditions – classroom instructioni.Adverse weather and reduced visibility conditions.ii.Traction loss.iii.Emergencies.k.Vehicle requirements – classroom and behind-the-wheel instructioni.Vehicle malfunctions (classroom instruction).ii.Vehicle maintenance (classroom instruction).iii.Trip planning (classroom instruction).iv.Adverse conditions and vehicle requirements – off-street simulated practice (behind-the-wheel instruction).v.In-car progress assessments (behind-the-wheel instruction).l.Consumer responsibility – classroom and behind-the-wheel instructioni.Vehicle use and ownership (classroom instruction).ii.Vehicle insurance (classroom instruction).iii.Environmental protection and litter prevention (classroom instruction).iv.Anatomical gift Act – organ donor (classroom instruction).v.Trip planning (behind-the-wheel instruction).vi.In-car progress assessment (behind-the-wheel instruction).m.Personal responsibility (classroom and behind-the-wheel instruction).i.Comprehensive classroom progress assessment (testing) (classroom instruction).ii.Driver licensing (classroom instruction).iii.In-car progress assessment (behind-the-wheel instruction). [Filed 11/9/21, effective 1/5/22][Published 12/1/21]Editor’s Note: For replacement pages for IAC, see IAC Supplement 12/1/21.