PrintProposing rule making related to testing imported poultry and providing an opportunity for public comment
The Agriculture and Land Stewardship Department hereby proposes to amend Chapter 65, “Animal and Livestock Importation,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code section 163.1.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 163.1.Purpose and Summary Currently, the Department relies on National Poultry Improvement Plan (NPIP) testing standards to control certain poultry diseases to protect flocks in the state. This proposed rule making allows the Department to recognize other programs that are equivalent to the NPIP as meeting the Pullorum-Typhoid and Mycoplasma gallisepticum testing requirements for international imports.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 21—Chapter 8.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 Department no later than 4:30 p.m. on March 29, 2022. Comments should be directed to: Colin Tadlock Iowa Department of Agriculture and Land Stewardship Wallace State Office Building 502 East 9th Street Des Moines, Iowa 50319 Phone: 515.281.7808 Email: colin.tadlock@iowaagriculture.gov 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 action is proposed:
ITEM 1. Amend subrule 65.11(3) as follows: 65.11(3) Testing. a. Pullorum-typhoid test. (1) An official negative test for pullorum-typhoid is required within 30 days of importation for domestic fowl or live poultry or for the flock from which hatching eggs originate unless exempted pursuant to 65.11(3)“a”(2). (2) Exemptions to the test requirements. No test is required for the following:- Imported domestic fowl, live poultry or hatching eggs originating from flocks classified under provisions of the NPIP, or an equivalent program as determined by the department, as pullorum-typhoid clean.
- Exotic birds or other pet birds.
- Poultry consigned directly to a recognized slaughter establishment.
Proposing rule making related to paraeducator substitute authorization and providing an opportunity for public comment
The Educational Examiners Board hereby proposes to amend Chapter 24, “Paraeducator Certificates,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code section 272.2.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 272.2.Purpose and Summary This proposed amendment will allow the Director of the Board to grant permission for a paraeducator to serve as a substitute teacher outside of the paraeducator’s assigned special education classroom based on documented need. 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 Board for a waiver of the discretionary provisions, if any, pursuant to 282—Chapter 6. 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 Board no later than 4:30 p.m. on March 29, 2022. Comments should be directed to: Kimberly Cunningham Board of Educational Examiners 701 East Court Avenue, Suite A Des Moines, Iowa 50319-0147 Fax: 515.281.7669 Email: kim.cunningham@iowa.gov Public Hearing If requested, a public hearing at which persons may present their views orally or in writing will be held as follows: March 29, 2022 11 a.m. to 12 noon Board Room 701 East Court Avenue, Suite A Des Moines, Iowa 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 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).Emergency Rule Making Adopted by Reference This proposed rule making is also published herein as an Adopted and Filed Emergency rule making (see ARC 6229C, IAB 3/9/22). The purpose of this Notice of Intended Action is to solicit public comment on that emergency rule making, whose subject matter is hereby adopted by reference.
ITEM 1. Amend subrule 24.4(9) as follows: 24.4(9) Paraeducator substitute authorization. An individual who holds a paraeducator certificate and completes the substitute authorization requirements set forth in rule 282—22.2(272) but who does not meet the degree requirement in 282—subparagraph 22.2(1)“a”(2) is authorized to substitute only in the special education classroom in which the individual paraeducator is employed, unless emergency permission is granted by the executive director or designee based on documented need provided by the employer.ARC 6232CHuman Services Department[441]Notice of Intended ActionProposing rule making related to mental health institutes and resource centers and providing an opportunity for public comment
The Human Services Department hereby proposes to amend Chapter 28, “Policies for Mental Health Institutes and Resource Centers,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code sections 218.4 and 222.6.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code sections 218.4 and 222.6.Purpose and Summary The Department proposes to update rules in Chapter 28 to align with current practices and eliminate outdated terminology. This is part of the Department’s five-year rules review process required under Iowa Code section 17A.7(2).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 rule 441—1.8(17A,217). 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 Department no later than 4:30 p.m. on March 29, 2022. Comments should be directed to: Nancy Freudenberg Department of Human Services Hoover State Office Building, Fifth Floor 1305 East Walnut Street Des Moines, Iowa 50319-0114 Email: appeals@dhs.state.ia.us 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 441—28.1(218), definitions of “Catchment area,” “Informed consent” and “Superintendent,” as follows: "Catchment area" means the group of counties, designated by the division administrator, that each mental health institute or state resource center is assigned to serve. "Informed consent" means an agreement by an individual or by the individual’s parent, guardian, or legal representative to participate in an activity based upon an understanding of all of the following:- A full explanation of the procedures to be followed, including an identification of those that are experimental.
- A description of the attendant discomforts and risks.
- A description of the benefits to be expected.
- A disclosure of appropriate alternative procedures that would be advantageous for the individual.
- Assurance that consent is given freely and voluntarily without fear of retribution or withdrawal of services.
Proposing rule making related to nurse aide program training and providing an opportunity for public comment
The Human Services Department hereby proposes to amend Chapter 81, “Nursing Facilities,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code chapter 249A.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code chapter 249A.Purpose and Summary The proposed rule making updates subrule 81.16(3) to reflect federal regulations regarding the increased number of hours of training required for nurse aide programs. The proposed increase of the instructor-to-student ratio will allow more students to attend nurse aide programs. Additional language is being added for laboratory training and clinical training options.Fiscal Impact The Department currently does not pay for certified nursing assistant (CNA) training but allows for a deduction on the cost reports. The number of future additional students cannot be determined; however, fiscal impact is expected to be minimal. Any expenditures will be absorbed within the Medical Assistance appropriation.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 rule 441—1.8(17A,217).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 Department no later than 4:30 p.m. on March 29, 2022. Comments should be directed to: Nancy Freudenberg Department of Human Services Hoover State Office Building, Fifth Floor 1305 East Walnut Street Des Moines, Iowa 50319-0114 Email: appeals@dhs.state.ia.usPublic 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 subparagraph 81.16(3)"a" as follows: (4) Include at least 1516 hours of laboratory experience provided in a face-to-face environment that complements the didactic theory curricula, and ITEM 2. Amend subparagraph 81.16(3)"a" as follows: (5) Include 30 hours of supervised clinical training in a face-to-faceor laboratory setting environment and supervised by a department of inspections and appeals-approved instructor in a manner not inconsistent with the licensing requirements of the Iowa board of nursing, and ITEM 3. Amend subparagraph 81.16(3)"a" as follows: (7) Meet the following requirements for department of inspections and appeals-approved instructors who train nurse aides: 1. The training of nurse aides shall be performed by or under the general supervision of a registered nurse who possesses a minimum of two years of nursing experience, at least one year of which shall be in the provision of long-term care facility services. 2. Instructors shall be registered nurses and shall have completed a course in teaching adults or have experience teaching adults or supervising nurse aides. 3. In a facility-based program, when the director of nursing is a registered nurse, the training of nurse aides may be performed by registered nurses under the general supervision of the director of nursing for the facility. The director of nursing is prohibited from performing the actual training. 4. Other personnel from the health professions may supplement the instructor. Supplemental personnel shall have at least one year of experience in their fields. 5. The ratio of department of inspections and appeals-approved instructors to students shall not exceed one registered nurse, or licensed practical nurse functioning as an assistant to a registered nurse, who is in the proximate area in the clinical setting, for every ten15 students in the clinical setting, andARC 6239CNatural Resource Commission[571]Notice of Intended ActionProposing rule making related to deer hunting and providing an opportunity for public comment
The Natural Resource Commission (Commission) hereby proposes to amend Chapter 94, “Nonresident Deer Hunting,” and Chapter 106, “Deer Hunting by Residents,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code sections 455A.5(6)“a,” 481A.39 and 481A.48.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code sections 481A.38, 481A.39 and 481A.48.Purpose and Summary Chapters 94 and 106 govern deer hunting by nonresidents and residents in the state of Iowa. Collectively, these chapters regulate deer hunting and set forth season dates, bag limits, possession limits, shooting hours, areas open to hunting, licensing procedures, means and methods of take, and transportation and reporting requirements. This rule making proposes one amendment to Chapter 94 and three amendments to Chapter 106. First, license requirements for nonresident hunters under the age of 16 are clarified in Chapter 94 by directly citing Iowa Code section 483A.24(8). This statute allows persons under the age of 16 to have only a nonresident deer hunting license for deer hunting. Other nonresidents must purchase a deer hunting license along with a general hunting license and pay the wildlife habitat fee. Second, Monroe County is added to Chapter 106’s list of counties eligible for a January antlerless-deer-only season. Third, antlerless-deer-only county quotas are modified to increase harvest in central and southern Iowa, where the wild herd is above population goals. Conversely, quotas are modified for far western Iowa to decrease harvest where populations are below goals and hunter effort is waning. Lastly, centerfire rifles .240 to .350 are added to the list of approved rifles for the January antlerless-deer-only season.Fiscal Impact This rule making has no negative 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.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 Department no later than 4:30 p.m. on March 29, 2022. Comments should be directed to:Tyler Harms Iowa Department of Natural Resources Wallace State Office Building 502 East Ninth Street Des Moines, Iowa 50319 Email: tyler.harms@dnr.iowa.govPublic Hearing A public hearing at which persons may present their views orally will be held via conference call as follows. Persons who wish to attend the conference call should contact Chris Ensminger, wildlife research supervisor, via email at chris.ensminger@dnr.iowa.gov. A conference call number will be provided prior to the hearing. Persons who wish to make oral comments at the conference call public hearing must submit a request to Mr. Ensminger prior to the hearing to facilitate an orderly hearing.March 29, 2022 12 noon to 1 p.m.Video/conference call Persons who wish to make oral comments at the public hearing will 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 hearing and have special requirements, such as those related to hearing impairments, should contact the Department 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. Amend rule 571—94.1(483A), introductory paragraph, as follows:571—94.1(483A) Licenses. Every hunter, except as authorized by Iowa Code section 483A.24(8), must have in possession a valid nonresident deer license, a valid nonresident hunting license, and proof that the hunter has paid the current year’s wildlife habitat fee when hunting, possessing, or transporting deer. No person, while hunting deer, shall carry or have in possession any license or transportation tag issued to another person. No one who is issued a deer hunting license and transportation tag shall allow another person to use or possess that license or transportation tag while deer hunting or tagging a deer. ITEM 2. Amend subrule 106.1(6) as follows: 106.1(6) January antlerless-deer-only licenses. Licenses for the January antlerless-deer-only season may be issued for the following counties: Allamakee, Appanoose, Decatur,Monroe, Wayne, and Winneshiek. January antlerless-deer-only licenses shall be issued for a county only when a minimum of 100 antlerless-deer-only licenses, as described in subrule 106.6(6), remain unsold in that county as of the third Monday in December. If 100 or more antlerless-deer-only licenses remain unsold for a given county as of the third Monday in December, those remaining antlerless-deer-only licenses shall be made available for the January antlerless-deer-only season in that county until the relevant antlerless-deer-only quota as described in subrule 106.6(6) is met. ITEM 3. Amend subrule 106.6(6) as follows: 106.6(6) Antlerless-deer-only licenses. Paid antlerless-deer-only licenses will be available by county as follows:CountyQuotaCountyQuotaCountyQuotaAdair 1200Floyd 150Monona 750500Adams 1000Franklin0Monroe 22502500Allamakee 3800Fremont 1000Montgomery 500Appanoose 2700Greene0100Muscatine 900Audubon0Grundy0O’Brien0Benton325Guthrie 21502350Osceola0Black Hawk0Hamilton0Page 500300Boone 300400Hancock0Palo Alto0Bremer 300Hardin0Plymouth0Buchanan 400Harrison 750500Pocahontas0Buena Vista0Henry 1050Polk1350Butler 200Howard 450Pottawattamie 750500Calhoun0Humboldt0Poweshiek 200Carroll0Ida0Ringgold 14001600Cass400300Iowa450Sac0Cedar775Jackson 1100Scott200Cerro Gordo0Jasper 575400Shelby 0Cherokee0Jefferson 1500Sioux0Chickasaw375Johnson 950Story150Clarke 2400Jones 1100Tama 300Clay0Keokuk 500Taylor 1500Clayton 4000Kossuth0Union 1400Clinton400Lee 1700Van Buren 21002300Crawford 0Linn850Wapello 1600Dallas 2100Louisa 775Warren 3000Davis 17001900Lucas 2500Washington 1000Decatur22002400Lyon0Wayne 2700Delaware 950Madison 3300Webster0Des Moines 900Mahaska475Winnebago0Dickinson0Marion 2050Winneshiek 2700Dubuque 1200Marshall150Woodbury 2000Emmet0Mills 300150Worth0Fayette 2500Mitchell 100Wright0 ITEM 4. Amend subrule 106.7(5) as follows: 106.7(5) January antlerless-deer-only season. Bows, crossbows, shotguns, muzzleloaders, rifles(including centerfire rifles .240 to .350), and handguns, aseach is described in this rule, may be used during the January antlerless-deer-only season.ARC 6233CPublic Health Department[641]Notice of Intended ActionProposing rule making related to journeyperson examination and providing an opportunity for public comment
The Plumbing and Mechanical Systems Board hereby proposes to amend Chapter 29, “Plumbing and Mechanical Systems Board—Application, Licensure, and Examination,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code sections 105.4, 105.20, and 272C.2.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code chapters 17A, 105, and 272C.Purpose and Summary The proposed amendment adds greater flexibility for applicants seeking to take their journeyperson examination by allowing them to take the examination 12 months prior to completing their required apprenticeship credits. The current rule allows applicants to take the examination six months prior to completion of the apprenticeship.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 Board for a waiver of the discretionary provisions, if any, pursuant to the Board’s general waiver provisions contained in 641—Chapter 31.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 Board no later than 4:30 p.m. on March 29, 2022. Comments should be directed to: Kane Young Executive Officer Plumbing and Mechanical Systems Board Lucas State Office Building 321 East 12th Street Des Moines, Iowa 50319 Email: kane.young@idph.iowa.gov 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 action is proposed:
ITEM 1. Amend paragraph 29.6(3)"l" as follows: l. A journeyperson examination applicant may apply to sit for the examination up to 612 months prior to completion of the 48 months of required apprentice credit, which shall include the granting of advanced standing or credit for previously acquired experience, training, or skills.ARC 6238CSecretary of State[721]Notice of Intended ActionProposing rule making related to use of I-Voters at satellite absentee voting stations and providing an opportunity for public comment
The Secretary of State hereby proposes to amend Chapter 21, “Election Forms and Instructions,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code sections 17A.4, 53.1 and 53.11.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 53.11.Purpose and Summary This proposed rule making removes the option for counties to apply to the Office of the Secretary of State to use the statewide voter registration database and election management system (I-Voters) at satellite absentee voting stations. The elimination of this option helps move the State of Iowa further down the path of cyber maturity as it relates to elections.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.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 Secretary of State no later than 4:30 p.m. on March 29, 2022. Comments should be directed to:Molly Widen Office of the Secretary of the State Lucas State Office Building, First Floor 321 East 12th Street Des Moines, Iowa 50319 Phone: 515.281.5864 Email: molly.widen@sos.iowa.govPublic 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 action is proposed:
ITEM 1. Rescind subrule 21.300(13) and adopt the following new subrule in lieu thereof: 21.300(13) Use of I-Voters at satellite absentee voting stations. a. The statewide voter registration database (I-Voters) shall not be used or accessed at a satellite absentee voting station. b. This rule does not prevent the use of an electronic poll book to process voters at a satellite absentee voting station if the electronic poll book does not connect to or access the statewide voter registration database (I-Voters).ARC 6221CWorkers’ Compensation Division[876]Notice of Intended ActionProposing rule making related to payroll tax tables and providing an opportunity for public comment
The Workers’ Compensation Commissioner hereby proposes to amend Chapter 8, “Substantive and Interpretive Rules,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code section 86.8.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 85.61.Purpose and Summary The purpose of this proposed rule making is to update references to the tables that determine payroll taxes.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 This amendment does not include a waiver provision because rule 876—12.4(17A) provides the specific situations for waiver of Workers’ Compensation Division rules. 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 Commissioner no later than 4:30 p.m. on March 29, 2022. Comments should be directed to: Heather Palmer Division of Workers’ Compensation 150 Des Moines Street Des Moines, Iowa 50309 Email: heather.palmer@iwd.iowa.gov 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 action is proposed:
ITEM 1. Amend rule 876—8.8(85,17A) as follows:876—8.8(85,17A) Payroll tax tables. Tables for determining payroll taxes to be used for the period July 1, 20212022, through June 30, 20222023, are the tables in effect on July 1, 20212022, for computation of:- Federal income tax withholding according to the percentage method of withholding for weekly payroll period. (Federal Income Tax Withholding Methods, Publication 15-T [2021].)
- Iowa individual income tax withholding formula. (Iowa Department of Revenue [Effective January 1, 20212022].)
- Social Security and Medicare withholding (FICA) at the rate of 7.65 percent. (Internal Revenue Service, Circular E, Employer’s Tax Guide, Publication 15 [20202021].)
Rule making related to paraeducator substitute authorization
The Educational Examiners Board hereby amends Chapter 24, “Paraeducator Certificates,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 272.2.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 272.2.Purpose and Summary This amendment will allow the Director of the Board to grant permission for a paraeducator to serve as a substitute teacher outside of the paraeducator’s assigned special education classroom based on documented need.Reason for Adoption of Rule Making Without Prior Notice and Opportunity for Public Participation Pursuant to Iowa Code section 17A.4(3), the Board finds that notice and public participation are unnecessary or impractical because emergency adoption was approved by the Administrative Rules Review Committee. This emergency adoption also provides a benefit, since it will have a positive impact on schools that are currently utilizing paraeducators in this manner under the public emergency proclamation. In compliance with Iowa Code section 17A.4(3)“a,” the Administrative Rules Review Committee at its February 15, 2022, meeting reviewed the Board’s determination and this rule making and approved the emergency adoption.Reason for Waiver of Normal Effective Date Pursuant to Iowa Code section 17A.5(2)“b”(1)(b), the Board also finds that the normal effective date of this rule making, 35 days after publication, should be waived and the rule making made effective on February 16, 2022, because the Governor’s Emergency Proclamation expires and the new rule confers a benefit, since it will have a positive impact on schools that are currently utilizing paraeducators in this manner under the public emergency proclamation.Adoption of Rule Making This rule making was adopted by the Board on February 14, 2022. This rule making was adopted by the Board to be effective upon the expiration of the Governor’s Emergency Proclamation on February 16, 2022, and after approval of the Administrative Rules Review Committee.Concurrent Publication of Notice of Intended Action In addition to its adoption on an emergency basis, this rule making has been initiated through the normal rule-making process and is published herein under Notice of Intended Action as ARC 6228C to allow for public comment.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 Board for a waiver of the discretionary provisions, if any, pursuant to 282—Chapter 6.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 became effective on February 16, 2022. The following rule-making action is adopted:
ITEM 1. Amend subrule 24.4(9) as follows: 24.4(9) Paraeducator substitute authorization. An individual who holds a paraeducator certificate and completes the substitute authorization requirements set forth in rule 282—22.2(272) but who does not meet the degree requirement in 282—subparagraph 22.2(1)“a”(2) is authorized to substitute only in the special education classroom in which the individual paraeducator is employed, unless emergency permission is granted by the executive director or designee based on documented need provided by the employer. [Filed Emergency 2/15/22, effective 2/16/22][Published 3/9/22]Editor’s Note: For replacement pages for IAC, see IAC Supplement 3/9/22.ARC 6236CAdministrative Services Department[11]Adopted and FiledRule making related to out-of-state travel approval
The Administrative Services Department hereby amends Chapter 41, “Auditing Claims,” and Chapter 64, “Benefits,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code sections 8A.104, 17A.3 and 17A.4.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 8A.512A(2)“a” as amended by 2021 Iowa Acts, Senate File 314.Purpose and Summary These amendments comport with 2021 Iowa Acts, Senate File 314. This legislation amended Iowa Code section 8A.512A(2)“a,” which pertains to out-of-state travel for state employees, by allowing an agency director’s designated representative to approve an electronic travel authorization form. This option allows for more efficiency in state government.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on October 20, 2021, as ARC 5981C. A public hearing was held on November 10, 2021, at 11 a.m. in the Procurement Conference Room, A Level, Hoover State Office Building, 1305 East Walnut Street, Des Moines, Iowa. No one attended the public hearing. No public comments were received. Two changes from the Notice have been made. Item 5 has been updated to amend paragraph 41.7(8)“a” by striking the words “and of the director of the department of management” because of a policy change in the Department of Management. Item 6 has been updated to remove the reference to 2021 Iowa Acts, Senate File 314, since the amendments in the legislation have been codified. Adoption of Rule Making This rule making was adopted by the Department on February 16, 2022.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 The Department will not grant waivers under the provisions of these rules, other than as may be allowed under Chapter 9 of the Department’s rules concerning waivers.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 April 13, 2022. The following rule-making actions are adopted:
ITEM 1. Amend rule 11—41.4(8A) as follows:11—41.4(8A) Authorization for travel. 41.4(1) Approval by administrative head of the agency. All official travel shall be authorized by the administrative head of the agency or the designated representative, prior to the travel whenever possible. 41.4(2) Out of state. Official travel out of the state for any executive branch employee must receive prior electronic authorization on the Travel Department Authorization form from the administrative head of the agencyor the designated representative. 41.4(3) Requests for out-of-state travel. All requests for out-of-state travel shall be on a form approved by the administrative head of the agency and shall include information required by Iowa Code section 8A.512A. 41.4(4) Most economical or advantageous mode of travel. Reimbursement for transportation approved by the administrative head of the agencyor the designated representative shall be for the most economical or advantageous mode and by the usually traveled route. ITEM 2. Amend subrule 41.5(1) as follows: 41.5(1) Airline travel accommodations. When the administrative head of the agencyor the designated representative determines that airline travel is the most economical or advantageous to the state, the use of airline travel may be authorized. The most economical mode of airline travel is considered to be coach or economy class, if available. ITEM 3. Amend paragraph 41.5(4)"b" as follows: b. Out of state.If the traveler desires to use a personally owned vehicle instead of common carrier and it is authorized by the administrative head of the agencyor the designated representative, the cost of mileage (not to exceed airfare) to the destination’s nearest air terminal, plus expenses incurred to final destination and subsistence allowance en route will be allowed. Out-of-state subsistence allowance will be allowed only for the number of meals and nights lodging which would have been necessary had the traveler used the available public transportation to destination instead of a private vehicle. Taxi or mileage expenses will be allowed at the destination if the expenses are incurred while the traveler is on official business.If two or more travelers on official business travel in one privately owned vehicle instead of common carrier, the use of one vehicle may be authorized on a mileage basis not to exceed the statutory limit per mile. ITEM 4. Amend subrule 41.5(6) as follows: 41.5(6) Assignment of more than one employee to a vehicle. In authorizing the use of privately owned or state-owned vehicles, the agency headadministrative head of the agency or the designated representative shall, whenever possible, assign more than one employee to the use of one vehicle. ITEM 5. Amend subrule 41.7(8) as follows: 41.7(8) Registration fees. The payment of registration fees which are required for participation in meetings shall be allowed. Registration fees shall be supported by the official receipt of the conference or convention subject to the following limitations: a. Expenditures for payment of registration fees for the purpose of obtaining the privileges of membership or other personal benefits from an organization are not reimbursable. Memberships in organizations must be in the name of the state agency and have approval of the director of the departmentor designated representative requesting the membership and of the director of the department of management and shall be published to the Iowa transparency Internet site established by Iowa Code section 8G.4. b. Registration fees paid by the traveler will be claimed for reimbursement as a miscellaneous nonsubsistence expense and a receipt must be attached to the claim. c. Reimbursement of registration fees, at the official domicile, may require prior written approval of the department of administrative services, state accounting enterprise. ITEM 6. Amend paragraph 64.10(2)"c" as follows: c. If attendance is outside the state of Iowa, travel must be authorized by the head of the employee’s department pursuant to Iowa Code section 8A.512A(2)“a.” [Filed 2/17/22, effective 4/13/22][Published 3/9/22]Editor’s Note: For replacement pages for IAC, see IAC Supplement 3/9/22.ARC 6231CAttorney General[61]Adopted and FiledRule making related to assurance of voluntary compliance
The Attorney General hereby adopts Chapter 38, “Assurance of Voluntary Compliance,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 714.16.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 714.16(7).Purpose and Summary The purpose of this rule making is to facilitate the resolution of investigations of violations of the Iowa Consumer Fraud Act (the Act), Iowa Code section 714.16, without instituting a civil action or proceeding pursuant to Iowa Code section 714.16(7). This rule making formalizes the practice of accepting an assurance of voluntary compliance from the target of an investigation in lieu of filing a civil action and consent judgment. This rule making further states that all remedies available under the Act may be agreed to as part of an assurance, that entering into an assurance shall not be considered an admission of a violation of the Act, and that violation of an assurance shall be treated as a violation of Iowa Code section 714.16.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on January 12, 2022, as ARC 6145C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Attorney General on February 16, 2022.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 Attorney General 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 April 13, 2022. The following rule-making action is adopted:
ITEM 1. Adopt the following new 61—Chapter 38: CHAPTER 38ASSURANCE OF VOLUNTARY COMPLIANCE61—38.1(714) Assurance of voluntary compliance. In any case where the attorney general has authority to institute a civil action or proceeding pursuant to Iowa Code section 714.16(7), in lieu thereof, the attorney general may accept an assurance of voluntary compliance with respect to any method, act or practice deemed to be in violation of the Iowa consumer fraud Act from any person who has engaged in, is engaging in, or was about to engage in such method, act or practice. Such assurance may, among other terms, include a stipulation for the voluntary payment by such person of the costs of investigation, the voluntary payment of a civil penalty, or an amount to be held in escrow pending the outcome of an action or as restitution to aggrieved consumers, or both. Matters thus closed may at any time be reopened by the attorney general for further proceedings in the public interest.An assurance entered into pursuant to this rule shall not be considered an admission of a violation, provided that violation of such an assurance shall be treated as a violation of Iowa Code section 714.16, and shall be subjected to all the penalties and remedies provided therefor. A finding by a court that a violation of such assurance of voluntary compliance has occurred shall establish a prima facie case that the person subject thereto knows, or in the exercise of due care should know, that the person has in the past violated or is intentionally violating the provisions of this chapter. This rule is intended to implement Iowa Code section 714.16(7). [Filed 2/16/22, effective 4/13/22][Published 3/9/22]Editor’s Note: For replacement pages for IAC, see IAC Supplement 3/9/22.ARC 6241CEconomic Development Authority[261]Adopted and FiledRule making related to Iowa community development block grant program
The Economic Development Authority hereby amends Chapter 23, “Iowa Community Development Block Grant Program,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 15.106A.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 15.108.Purpose and Summary The Authority administers the federal Community Development Block Grant (CDBG) program in all of Iowa’s incorporated cities and counties, except those designated as U.S. Department of Housing and Urban Development (HUD) entitlement areas. Authorized under the Housing and Community Development Act, the main goal of the CDBG program is to “develop viable communities by providing decent housing and suitable living environments and expanding economic opportunities, principally for persons of low and moderate incomes.” All projects must meet the national objectives as defined by HUD. These amendments update the rules to be consistent with current administration of the CDBG program and remove references to specific funds associated with the program. The changes also accommodate a HUD recommendation to minimize administrative rules for the program in order to avoid conflict with HUD regulations and policies. State program policies are required to be outlined in the State’s annual action plan submitted to HUD. The plan is updated annually in conjunction with a public input process.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on January 12, 2022, as ARC 6139C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Authority Board on February 18, 2022.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 Authority for a waiver of the discretionary provisions, if any, pursuant to 261—Chapter 199. 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 April 13, 2022. The following rule-making actions are adopted:
ITEM 1. Amend rule 261—23.2(15) as follows:261—23.2(15) Definitions. When used in this chapter, unless the context otherwise requires: "Activity" means one or more specific activities, projects or programs assisted with CDBG funds. "Adaptive reuse" means conversion of an existing building or structure from nonresidential use to residential use. "Annual action plan" means the annual plan required and approved by the U.S. Department of Housing and Urban Development that outlines the state’s processes and procedures for distribution of CDBG funds. The annual action plan is an annual update to the state’s CDBG consolidated plan. The federal requirements for an annual action plan can be found at http://www.hud.gov/offices/cpd/about/conplan/toolsandguidance/guidance/state_guidelines.pdf. The annual action plan can be foundis available on the authority’s CDBG Web sitewebsite. "Annual allocation" means the annual amount HUD allocates to the state of Iowa for CDBG activities. "Authority" means the economic development authority created in Iowa Code section 15.105. "Authority’s website" means the information and related content found at www.iowaeda.com and may include integrated content at affiliate sites. "Career link" means a program providing training and enhanced employment opportunities to low- and moderate-income persons. "CDBG" means community development block grant. "Citizen participation plan" means the plan required and approved by the U.S. Department of Housing and Urban Development that describes the state’s process for including citizen participation in development of its consolidated plan and annual action plan. The citizen participation plan is available on the authority’s CDBG Web sitewebsite. "Consolidated plan" means the five-year plan required and approved by the U.S. Department of Housing and Urban Development that establishes goals and objectives for the state’s CDBG program. The consolidated plan is available on the authority’s CDBG Web sitewebsite. "EDSA" means economic development set-aside. "HUD" means the U.S. Department of Housing and Urban Development. "LMI" means low and moderate income. Households earning 80 percent or less of the area median income are LMI households. "PFSA" means public facilities set-aside. "Program income" means gross income a recipient receives that is directly generated by the use of CDBG funds, including funds generated by the use of program income. "Management guide" means the administrative reference manual published by the authority for each program year. The management guide is available on the authority’s website. "Program year" means the annual period beginning January 1 and ending December 31. "Recipient" means a local government entity awarded CDBG funds under any CDBG program. "Subrecipient" means a public or nonprofit entity contracting with and receiving funds from a recipient to carry out CDBG project activities. "Sustainable community activities" means activities to develop viable communities while preserving precious environment and resources. ITEM 2. Amend rule 261—23.3(15) as follows:261—23.3(15) Annual action plan. The authority will prepare a CDBG annual action plan for submittal to and approval by HUD. The plan will provide a description of the activities and programs that will take place during the year to meet goals established in the consolidated plan. 23.3(1) The annual action plan will contain the following: a. Executive summary. b. Sources of federal and state funds. c. Statement of specific annual objectives. d. Outcome measures. e. Method of distribution of funds. f. Allocation priorities and geographic distribution. g. Annual affordable housing goals. h. Homeless and other special needs. i. Other actions to meet underserved community development needs. j. Citizen participation in development of the plan. k. Certifications required by 24 CFR 91.325 as revised December 5, 2011. l. Monitoring efforts to ensure compliance. 23.(2) 23.3(1) The authority will follow the state’s citizen participation plan during the development of the annual action plan. A draft annual action plan will be available on the authority’s CDBG Web sitewebsite for 30 days for public review and comment. The authority will hold a public hearing during the comment period to collect public input on the plan prior to its submittal to HUD. 23.(3) 23.3(2) The annual action plan will be submitted to HUD by November 15 of each year or 60 days after HUD announces the annual allocation amount. Upon review and approval by HUD, the annual action plan will cover activities from January 1 to December 31 of the year following plan submittal to HUD. 23.(4) 23.3(3) The annual action plan will include the proposed CDBG program funding allocation, including the percentage of funds allocated for each of the CDBG programs and activities listed in rule 261—23.4(15). ITEM 3. Amend rule 261—23.4(15) as follows:261—23.4(15) Allocation of funds and eligible applicants. Upon approval by HUD, the authority will annually allocate CDBG funds among programs or activities described in the state’s most recent annual action plan, which may include, but not be limited to, the following: 23.4(1) Allocation of funds. Upon approval by HUD, the authority will annually allocate CDBG funds among programs or activities according to the annual action plan as follows: a. Administration. b. Technical assistance. c. Housing fund. d. Job creation, retention and employment enhancement fund. Job creation, retention and employment enhancement funds are awarded through three programs: the economic development set-aside (EDSA), the public facilities set-aside (PFSA), and career link. e. Water and sewer fund. f. Community facilities fund. g. Opportunities and threats fund. 23.4(2) Eligible applicants. All incorporated cities and all counties in the state of Iowa, except those designated as entitlement areas by the U.S. Department of Housing and Urban Development, are eligible to apply for and receive funds under the CDBG program. Applicants shall not apply on behalf of eligible applicants other than themselves. 23.4(3) Application with subrecipients. Any eligible applicant may apply directly or on behalf of a subrecipient. 23.4(4) Joint applications. Any eligible applicant may apply individually or jointly with another eligible applicant or other eligible applicants. 23.4(5) Reallocation. Any reserved funds not used for their specified purpose within the program year shall be reallocated in amounts and to funds as approved by the director to ensure the availability of resources to those funds in which the greatest need is demonstrated to exist or to respond to community or business needs. 23.4(6) Recaptured funds. Recaptured funds shall be available for use through the water and sewer fund, the community facilities fund, the opportunities and threats fund, the housing fund, the downtown revitalization fund, and the economic development set-aside fund. As approved by the director, recaptured funds may be used to fund projects from the job creation, retention and employment enhancement fund in order to respond to an immediate business need if no funds are available through the economic development set-aside fund or public facilities set-aside fund. Recaptured funds remaining at the end of a program year shall be reallocated in amounts and to funds as approved by the director to ensure the availability of resources to those funds in which the greatest need is demonstrated to exist or to respond to a community or business need. 1. Housing assistance. 2. Job training and employment-related transportation services. 3. Water and sewer improvements. 4. Community facilities improvements. 5. Opportunities and threats fund. 6. Business or microenterprise assistance. 7. Neighborhood revitalization activities. ITEM 4. Amend rule 261—23.5(15) as follows:261—23.5(15) Common requirementsRequirements for funding. Applications for funds under any of the program-allocated funds pursuant to rule 261—23.4(15) shall meet the following minimum criteria:described in subrules 23.5(1) through 23.5(3). 23.5(1) Proposed activities shall be eligible, as authorized by Title I, Section 105 of the Housing and Community Development Act of 1974, as amended, and as further defined in 24 CFRPart 570, as revised April 1, 1997. 23.5(2) Proposed activities shall address at least one of the following three objectives: a. Primarily benefit low- and moderate-income persons. To address this objective, 51 percent or more persons benefiting from a proposed activity must have incomes at or below 80 percent of the area median income. b. Aid in the prevention or elimination of slums and blight. To address this objective, the application must document the extent or seriousness of deterioration in the area to be assisted, showing a clear adverse effect on the well-being of the area or community and illustrating that the proposed activity will alleviate or eliminate the conditions causing the deterioration. c. Meet an urgent community development need. To address this objective, the applicant must certify that the proposed activity is designed to alleviate existing conditions that pose a serious and immediate threat to the health or welfare of the community and that are recent in origin or that recently became urgent; that the applicant is unable to finance the activity without CDBG assistance and that other sources of funding are not available. A condition shall be considered recent if it developed or became urgent within 18 months prior to submission of the application for CDBG funds. 23.5(3) Applicants shall demonstrate capacity for grant administration. Administrative capacity shall be evidenced by previous satisfactory grant administration, availability of qualified personnel or plans to contract for administrative services. Funds used for administration shall not exceed 10 percent of the CDBG award amount or 10 percent of the total contract amount, except for awards made under the career link program, for which funds used for administration shall not exceed 5 percent of the CDBG award amount. 23.5(4) Applicants who have received previous CDBG awards shall have demonstrated acceptable past performance, including the timely expenditure of funds. 23.5(5) Applications shall demonstrate the feasibility of completing the proposed activities with the funds requested. 23.5(6) To the greatest extent feasible, applications shall propose the use of CDBG funds as gap financing. Applications shall identify and describe any other sources of funding for proposed activities. 23.5(7) Applications shall include a community development and housing needs assessment. 23.5(8) Negotiation of awards. The authority may negotiate award amounts, terms and conditions prior to making any award under any program. 23.(9) 23.5(3) Applicants shall certify their compliance withfederal requirements applicable to the CDBG program including, but not limited to, the following: a. The Civil Rights Act of 1964 (PL 88-352) and Title VIII of the Civil Rights Act of 1968 (PL 90-284) and related civil rights, fair housing and equal opportunity statutes and orders; b. Title I of the Housing and Community Development Act of 1974; c. Age Discrimination Act of 1975; d. Section 504 of the Housing and Urban Development Act of 1973; e. Section 3 of the Housing and Urban Development Act of 1968; f. Davis-Bacon Act (40 U.S.C. 276a-5) where applicable under Section 100 of the Housing and Community Development Act of 1974; g. Lead-Based Paint Poisoning Prevention Act; h. 24 CFR Part 58 and the National Environmental Policy Act of 1969; i. Uniform Relocation Assistance and Real Property Acquisition Act of 1979, Titles II and III; j. Americans with Disabilities Act; k. Section 102 of the Department of Housing and Urban Development Reform Act of 1989; l. Contract Work Hours and Safety Act; m. Copeland Anti-Kickback Act; n. Fair Labor Standards Act; o. Hatch Act; p. Prohibition on the Use of Excessive Force and Barring Entrance; q. Drug-Free Workplace Act; r. Governmentwide Restriction on Lobbying; s. Single Audit Act; t. State of Iowa Citizen Participation Plan; and u. Other relevant regulations as noted in the CDBG management guide. ITEM 5. Rescind rule 261—23.6(15) and adopt the following new rule in lieu thereof:261—23.6(15) Award and administration. The authority may negotiate award amounts, terms and conditions prior to making any award under the program. Recipients shall comply with requirements and instructions set forth in the applicable CDBG management guide. ITEM 6. Rescind and reserve rules 261—23.7(15) to 261—23.11(15). ITEM 7. Rescind and reserve rules 261—23.14(15) to 261—23.17(15). [Filed 2/18/22, effective 4/13/22][Published 3/9/22]Editor’s Note: For replacement pages for IAC, see IAC Supplement 3/9/22.ARC 6242CEconomic Development Authority[261]Adopted and FiledRule making related to angel investor tax credits
The Economic Development Authority hereby amends Chapter 115, “Tax Credits for Investments in Qualifying Businesses and Community-Based Seed Capital Funds,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code sections 15.106A and 15E.43.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code sections 15E.43 and 15E.44.Purpose and Summary Tax credits for investments in qualifying businesses and community-based seed capital funds, also known as angel investor tax credits, are administered by the Authority pursuant to Iowa Code chapter 15E, subchapter V. A taxpayer may receive a tax credit of 25 percent of the taxpayer’s equity investment in Iowa businesses that meet criteria established in Iowa Code section 15E.44. This rule making clarifies the processes for businesses and investors to participate in the program and eliminates references to provisions related to community-based seed capital funds that were repealed in 2015. These amendments set a cut-off date for the waitlist maintained by the Authority for applications received in excess of the $2 million-per-year aggregate allocation for the program. Only applications received on or before March 31, 2022, will be placed on a waitlist. After that date, applicants may submit applications only during designated periods established by the Authority for fiscal years in which tax credits are available. These amendments also address applications received in excess of calendar year caps for investments in one qualifying business or by a natural person and that person’s spouse or dependents.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on January 12, 2022, as ARC 6140C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Authority Board on February 18, 2022.Fiscal Impact A fiscal impact cannot be determined. It is unknown what impact eliminating the waitlist will have on utilization of the program.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 Authority for a waiver of the discretionary provisions, if any, pursuant to 261—Chapter 199.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 April 13, 2022. The following rule-making actions are adopted:
ITEM 1. Amend 261—Chapter 115, title, as follows:TAX CREDITS FOR INVESTMENTS IN QUALIFYING BUSINESSES AND COMMUNITY-BASED SEED CAPITAL FUNDS ITEM 2. Amend rule 261—115.1(15E) as follows:261—115.1(15E) Tax credits for investments in qualifying businesses and community-based seed capital funds. Tax credits for investments in qualifying businesses and community-based seed capital funds may be claimed as provided in this ruleand any applicable rules of the department of revenue. 115.1(1) Tax credits allowed only after a certain date. A taxpayer may claim a tax credit under this rule for equity investments in certain qualifying businesses or community-based seed capital funds. Only equity investments made on or after January 1, 2011, qualify for a tax credit under this rule. Equity investments made before that date must be claimed under 123—Chapter 2. 115.1(2) Investments in qualifying businesses. a. A taxpayer may claim a tax credit under this subrule for a portion of the taxpayer’s equity investment in a qualifying business if that investment was made on or after January 1, 2011. b. The tax credit may be claimed against the taxpayer’s tax liability for any of the following taxes: (1) The personal net income tax imposed under Iowa Code chapter 422, division II. (2) The business tax on corporations imposed under Iowa Code chapter 422, division III. (3) The franchise tax on financial institutions imposed under Iowa Code chapter 422, division V. (4) The tax on the gross premiums of insurance companies imposed under Iowa Code chapter 432. (5) The tax on moneys and credits imposed under Iowa Code section 533.329. c. Investments made in qualifying businesses on or after January 1, 2011, and before July 2, 2015, are governed by 2015 Iowa Code sections 15E.41 to 15E.46, 422.11F, 422.33, 422.60, 432.12C, and 533.329. d. Investments made in qualifying businesses on or after July 2, 2015, are governed by 2016 Iowa Code sections 15E.41 to 15E.46, 422.11F, 422.33, 422.60, 432.12C, and 533.329. 115.1(3) Investments in community-based seed capital funds. a. A taxpayer may claim a tax credit under this subrule for a portion of the taxpayer’s equity investment in a community-based seed capital fund if that investment was made on or after January 1, 2011. b. The tax credit may be claimed against the taxpayer’s tax liability for any of the following taxes: (1) The personal net income tax imposed under Iowa Code chapter 422, division II. (2) The business tax on corporations imposed under Iowa Code chapter 422, division III. (3) The franchise tax on financial institutions imposed under Iowa Code chapter 422, division V. (4) The tax on gross premiums of insurance companies imposed under Iowa Code chapter 432. (5) The tax on moneys and credits imposed under Iowa Code section 533.329. c. Investments made in community-based seed capital funds on or after January 1, 2011, and before July 2, 2015, are governed by 2015 Iowa Code sections 15E.41 to 15E.46, 422.11F, 422.33, 422.60, 432.12C, and 533.329. d. Investments made in community-based seed capital funds on or after July 2, 2015, are not eligible for tax credits. See 2015 Iowa Acts, Senate File 510, sections 107 to 128, which include the repeal of Iowa Code section 15E.45 and other provisions related to the administration of community-based seed capital funds. 115.(4) 115.1(3) Amount of tax credit that may be claimed by taxpayer. a. In the case of investments made on or after July 1, 2011, and before July 2, 2015, the amount of tax credit available to a taxpayer under this rule is equal to 20 percent of the taxpayer’s equity investment in either a qualifying business or community-based seed capital fund. In the case of investments made on or after July 2, 2015, the amount of tax credit available to a taxpayer under this rule is equal to 25 percent of the taxpayer’s equity investment in a qualifying business. b. In the case of investments made on or after July 1, 2011, and before July 2, 2015, the maximum amount of a tax credit for an investment by an investor in any one qualifying business shall be $50,000. Each year, an investor, and all affiliates of that investor, shall not claim tax credits under this rule for more than five different investments in five different qualifying businesses. In the case of investments made on or after July 2, 2015, the maximum amount of tax credit that may be issued per calendar year to a natural person and the person’s spouse or dependent shall not exceed $100,000 combined. For purposes of this paragraph, a tax credit issued to a partnership, limited liability company, S corporation, estate, or trust electing to have income taxed directly to the individual shall be deemed to be issued to the individual owners based upon the pro rata share of the individual’s earnings from the entity. For purposes of this paragraph, “dependent” has the same meaning as provided by the Internal Revenue Code.Applications received by the authority that exceed the maximum amount of tax credits per calendar year to a natural person and the person’s spouse or dependent will be denied by the board, regardless of whether the investment was otherwise eligible to receive a tax credit award. Any application that can be partially approved without exceeding the maximum amount in this paragraph will be approved as to the portion less than the maximum amount and denied as to the portion greater than the maximum amount. For example, if an application is eligible for $50,000 of tax credits, but there is only $30,000 of the household maximum amount available, the application will be approved for $30,000 and denied for $20,000. c. Investments in community-based seed capital funds. (1) An investor in a community-based seed capital fund shall receive a tax credit pursuant to this rule only for the investor’s investment in the community-based seed capital fund and shall not receive any additional tax credit for the investor’s share of investments in a qualifying business made by the community-based seed capital fund or in an Iowa-based seed capital fund which has at least 40 percent of its committed capital subscribed by community-based seed capital funds. However, an investor in a community-based seed capital fund may receive a tax credit under this rule with respect to a separate direct investment made by the investor in the same qualifying business in which the community-based seed capital fund invests. (2) Paragraph “c” only applies to investments in community-based seed capital funds made on or after July 1, 2011, and before July 2, 2015. d. c. The maximum amount of tax credits that may be issued per calendar year for equity investments in any one qualifying business shall not exceed $500,000.Applications received by the authority that exceed the maximum amount of tax credits per calendar year in any one qualifying business will be denied by the board, regardless of whether the investment was otherwise eligible to receive a tax credit award. Any application that can be partially approved without exceeding the maximum amount in this paragraph will be approved as to the portion less than the maximum amount and denied as to the portion greater than the maximum amount. For example, if an application is eligible for $50,000 of tax credits, but there is only $30,000 of the business maximum amount available, the application will be approved for $30,000 and denied for $20,000. 115.(5) 115.1(4) Claiming an investment tax credit. A taxpayer that makes an investment in a qualifying business or community-based seed capital fund and that otherwise meets the requirements of this chapter will receive a board-approved tax credit certificate from the authority. To claim the credit, the taxpayer must attachinclude the certificate towith a tax return filed with the department of revenue. For more information on claiming the tax credit, see department of revenue rulerules701—42.22(15E,422), 701—52.21(15E,422), and 701—58.11(15E,422). See also 2015 Iowa Acts, chapter 138, division XX. 115.1(6) Tax credits for pass-through entities. If the taxpayer that is entitled to a tax credit for an investment in a community-based seed capital fund or a qualifying business is a pass-through entity electing to have its income taxed directly to its individual owners, such as a partnership, limited liability company, S corporation, estate or trust, the pass-through entity must allocate the allowable credit to each of the individual owners of the entity on the basis of each owner’s pro-rata share of the earnings of the entity, and the individual owners may claim their respective credits on their individual income tax returns. 115.1(7) Refundability for certain tax credits. For a tax credit claimed against the taxes imposed in Iowa Code chapter 422, division II, any tax credit in excess of the tax liability is refundable. In lieu of claiming a refund, the taxpayer may elect to have the overpayment shown on the taxpayer’s final, completed return credited to the tax liability for the following tax year. 115.1(8) Carryforward period for certain tax credits. For a tax credit claimed against the taxes imposed in Iowa Code chapter 422, divisions III and V, and in Iowa Code chapter 432, and against the moneys and credits tax imposed in Iowa Code section 533.329, any tax credit in excess of the taxpayer’s liability for the tax year may be credited to the tax liability for the following three years or until depleted, whichever is earlier. 115.1(9) Carryback of credits prohibited. A tax credit shall not be carried back to a tax year prior to the tax year in which the taxpayer redeems the tax credit. ITEM 3. Amend rule 261—115.2(15E) as follows:261—115.2(15E) Definitions. For purposes of this chapter, unless the context otherwise requires: "Affiliate" means a spouse, child, or sibling of an investor or a corporation, partnership, or trust in which an investor has a controlling equity interest or in which an investor exercises management control. "Authority" means the economic development authority created in 2011 Iowa Acts, House File 590Iowa Code section 15.105. "Board" means the same as defined in Iowa Code section 15.102 as amended by 2011 Iowa Acts, House File 590, section 3the members of the economic development authority appointed by the governor and in whom the powers of the authority are vested pursuant to Iowa Code section 15.105. "Community-based seed capital fund" means a fund that meets the following criteria:- Is organized as a limited partnership or limited liability company;
- Has, on or after January 1, 2011, a total of capital commitments from both investors and investments in qualifying businesses of at least $125,000, but not more than $3 million. If the fund is either a rural business investment company under the Rural Business Investment Program of the federal Farm Security and Rural Investment Act of 2002 or an Iowa-based seed capital fund with at least 40 percent of its committed capital subscribed by community-based seed capital funds, the fund may have more than $3 million of capital commitments from both investors and investments in qualifying businesses; and
- Has no fewer than five investors that are not affiliates, with no single investor and affiliates of that investor together owning a total of more than 25 percent of the ownership interests outstanding in the fund.
- The principal business operations of the business are located in the state of Iowa;
- The business has been in operation for six years or less, as measured from the date of the investment for which a credit is claimed;
- The business is participating in an entrepreneurial assistance program. The authority may waive this requirement if a business establishes that its owners, directors, officers, and employees have an appropriate level of experience such that participation in an entrepreneurial assistance program would not materially change the prospects of the business. The authority may consult with outside service providers in consideration of such a waiver;
- The business is not a business engaged primarily in retail sales, real estate or the provision of health care services or other services requiring a professional license;
- The business does not have a net worth that exceeds $10 million as of the date of the investment for which the credit is claimed; and
- The business shall have secured all of the following at the time of application for tax credits:
Rule making related to contracts
The Human Services Department hereby amends Chapter 2, “Contracting Out Department of Human Services Employees and Property,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 218.4.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 225C.4.Purpose and Summary The Department is updating the administrative rules for entering into contracts with Department employees in a service program or for the use of buildings and grounds of state institutions. This will allow the rules to come into alignment with current practices and will also eliminate outdated definitions.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on December 29, 2021, as ARC 6116C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Council on Human Services on February 10, 2022.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 rule 441—1.8(17A,217). 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 May 1, 2022. The following rule-making actions are adopted:
ITEM 1. Amend rule 441—2.1(23A,225C), definitions of “Division,” “Lessee,” “State institutions” and “Superintendents,” as follows: "Division" includes the divisions of mental health and developmental disabilitiesdisability services; and adult, children and family services. "Lessee" means a nonprofit provider of services or other approved activity or other nonprofit entity as defined by Iowa Code chapter 504A that has been permitted to lease space in certain buildings or grounds on one or more of the mental health institutes, state hospital schoolsresource centers, the Iowa Juvenile Home at Toledo, Iowa, or the State Training Schoolstate training school at Eldora, Iowa, or the civil commitment unit for sexual offenders at Cherokee, Iowa, from the department. "State institutions" (also referred to as campuses), for the purposes of this chapter, include: the Glenwood and Woodward state hospital-schoolsresource centers; the Cherokee, Clarinda,and Independence, and Mt. Pleasant mental health institutions; the Iowa Juvenile Home in Toledo; and the State Training Schoolstate training school in Eldora; and the civil commitment unit for sexual offenders in Cherokee. "Superintendents" are the administrators of these state institutions as defined by Iowa Code chapter 218 as well as those administrators appointed by the director of the department of human services pursuant to Iowa Code chapterschapter 233A and 233B at the Iowa Juvenile Home in Toledo and the State Training Schoolstate training school in Eldora. ITEM 2. Amend subrule 2.5(1) as follows: 2.5(1) Referral to contract manager. A campus superintendentor designee may show available space to a potential lessee but has no authority to approve any leasing arrangements or to commit buildings or grounds to potential lessees. Superintendents shall notify the contract manager if contacted by a potential lessee. If space is available or expected to be available on the campus, the superintendent shall direct all entities interested in pursuing lease arrangements to writecontact the contract manager in the department’s central office. ITEM 3. Amend subrule 2.5(3) as follows: 2.5(3) Evaluation of proposals. The contract manager, in collaboration with the respective division administrator and the respective superintendents, shall evaluate all proposals to determine if they meet the general principles identified above. The contract managerdivision administrator, in collaboration with the respective superintendent(s), shall recommend whether to proceed with the leasing process to the director or designee. The contract manager shall notify the potential lessee in writing of the director’s or designee’s decision and, if applicable, identify the reasons for denial. All decisions are considered final and binding and are not subject to appeal. [Filed 2/13/22, effective 5/1/22][Published 3/9/22]Editor’s Note: For replacement pages for IAC, see IAC Supplement 3/9/22.ARC 6237CHuman Services Department[441]Adopted and FiledRule making related to mental health and disability services regional service fund
The Human Services Department hereby amends Chapter 25, “Disability Services Management,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code sections 225C.6 and 225C.7A.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 225C.7A.Purpose and Summary 2021 Iowa Acts, Senate File 619, division XXV, section 106, created a General Fund standing appropriation to the Department for distribution to the mental health and disability services (MHDS) regions through performance-based contracts and created a regional incentive fund. The Department will make quarterly regional service system payments to an MHDS region combined account. This rule making amends MHDS regional finance rules to describe the requirements and process for regions to certify with the Department the amount of the ending fund balance from the previous year. Ending balance limitations and supplemental payment withholdings are defined. These amendments also implement the criteria and reporting instructions for eligible financial encumbrances. Revisions are made to the regional incentive fund rules to include linkages to performance-based contract criteria. These amendments also outline the requirements and goals for performance-based contracts between the Department and the MHDS regions.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on December 29, 2021, as ARC 6115C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the MHDS Commission on February 17, 2022.Fiscal Impact Payments from the mental health and disability services regional service fund will be based on the per capita funding levels authorized in 2021 Iowa Acts, Senate File 619. Senate File 619 appropriated $3 million to the regional incentive fund for state fiscal year 2022. Future incentive fund revenues cannot be estimated at this time due to the uncertainty of future county fund balances and the amounts that counties will be required to send back to the fund.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 rule 441—1.8(17A,217).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 May 1, 2022. The following rule-making actions are adopted:
ITEM 1. Adopt the following new definitions of “Cash flow,” “Encumbered,” “Ending balance limitation,” “Ending balance threshold,” “Ending fund balance” and “Regional service growth factor” in rule 441—25.11(331): "Cash flow" means the same as “ending fund balance.” "Encumbered" or "encumbrances" means regional commitments related to obligations or contracts as defined in subrule 25.13(6). "Ending balance limitation" means the percentage limit allowable by state law that a region’s ending fund balance can exceed actual expenditures for the previous fiscal year. "Ending balance threshold" means the same as defined in Iowa Code section 225C.7A. "Ending fund balance" means the amount of residual funds remaining in a region’s combined account at the conclusion of a fiscal year after the region has met the financial obligations for implementation of its regional service system management plan. "Regional service growth factor" means the same as defined in Iowa Code section 225C.7A. ITEM 2. Amend rule 441—25.13(331) as follows:441—25.13(331) Regional finances. 25.13(1) Regional service payments. The department will distribute funds from the mental health and disability services regional service fund to regions in accordance with Iowa Code section 225C.7A. Funds will be distributed in July, October, January, and April. 25.(1) 25.13(2) Funding. Funding for non-Medicaid mental health and disability services and children’s behavioral health services is under the control of the governing board and shall: a. Be maintained to limit administrative burden and provide public transparency regarding financial processes. b. Be maintained in one of three ways:(1) In a combined account. (2) In separate county accounts that are under the control of the governing board. (3) In other arrangements authorized by law. c. Be used to fund services in accordance with the regional service system management plan and the performance-based contract. d. Be maintained in a county mental health and disability services fund for the deposit of regional service payments for those counties exempted under Iowa Code section 331.389. Expenditures to be made from the county mental health and disability services fund will not be made from any other fund of the county. The exempted county mental health and disability services fund is considered to be the same as a region combined account and is subject to the same requirements as a region combined account. 25.(2) 25.13(3) Accounting system and financial reporting. The accounting system and financial reporting to the department shall conform to Iowa Code section 331.391 and include all non-Medicaid mental health and disability expenditures. Information shall be separated and identified in a uniform chart of accounts, including but not limited to the following: expenses for administration; purchase of services; and enterprise costs for which the region is a service provider or is directly billing and collecting payments. 25.13(4) Ending fund balance. Each region shall certify to the department of human services on or before December 1 the region’s cash flow amount in the combined account at the conclusion of the most recently completed fiscal year. a. A region must submit the ending fund balance on forms specified by the department. b. The certified ending fund balance shall exclude encumbered amounts for which resources already have been committed and been approved by the department in accordance with subrule 25.13(7). c. A certified submission must: (1) Be approved by the region’s governing board prior to submittal to the department. (2) Be signed by the chairperson of the regional governing board and the regional chief executive officer. 25.13(5) Ending balance limitations. a. A region’s certified ending fund balance as determined in subrule 25.13(4) will not exceed a percentage of the region’s actual expenditures for the preceding fiscal year. The ending balance limitations are as follows: (1) For the fiscal year beginning July 1, 2021, the ending balance shall be no more than 40 percent of the actual expenditures of that year. (2) For the fiscal year beginning July 1, 2022, the ending balance shall be no more than 20 percent of the actual expenditures of that year. (3) For the fiscal year beginning July 1, 2023, and each succeeding fiscal year thereafter, the ending balance shall be no more than 5 percent of the actual expenditures of that year. b. If a region has an ending fund balance more than the limitation, the department will reduce the current fiscal year’s remaining quarterly regional service payments equal to the excess ending fund balance amount. c. If withholding a region’s remaining quarterly payments does not sufficiently effectuate the required reduction, the region shall pay to the department any additional excess ending fund balance amount. d. The amount of reductions to regional service payments and amounts paid to the department under paragraph 25.13(5)“c” shall be transferred and credited to the regional incentive fund. 25.13(6) Acceptable encumbrances. A region shall report to the department moneys for which a commitment is imposed and binding. a. Financial obligations entered into by the region may be considered an acceptable encumbrance under the following circumstances: (1) Existence of evidence as demonstrated by a contract or purchase order that details the services to be delivered and cost to the region. (2) Entry of the region into executed contracts or binding commitments shall occur through formal action of the region’s governing board. b. Acceptable encumbrances shall be entered into and fulfilled according to the time frames outlined below: (1) For the fiscal year beginning July 1, 2021, funds shall be obligated by the end of the fiscal year. Services shall be fully executed and moneys expended by June 30, 2023. (2) For the fiscal year beginning July 1, 2022, funds shall be obligated by the end of the fiscal year. Services shall be fully executed and moneys expended by December 31, 2023. (3) For the fiscal year beginning July 1, 2023, and each succeeding fiscal year thereafter, funds shall be obligated by the end of the current fiscal year. Services shall be fully executed and moneys expended by August 31 of the subsequent fiscal year. c. Up to 10 percent of the direct and purchased administration expenditure total identified in the region’s current approved annual service and budget plan may be claimed as an encumbrance. d. Requests to encumber funds toward multiyear projects with the purpose to provide access to required core services shall be limited to actual needs for the current fiscal year. 25.13(7) Encumbrance reporting and approval. a. The region shall submit a detailed accounting of encumbered funds to the department on or before July 31 on forms specified by the department. (1) The department may request additional information to determine whether the region’s reported contracts and binding commitments qualify as acceptable encumbrances. (2) A plan for expenditure, including a description of activities related to required core services, shall accompany documentation for multiyear projects. b. By August 31, the department shall notify the region, in writing, of the decision and the accepted amount to be considered encumbered. The decision of the department is final. c. Regional commitments that are denied as acceptable encumbrances shall be included in the calculation of the ending fund balance for the previous fiscal year. d. Encumbrances that are not fulfilled within the time frames specified in subrule 25.13(6) shall be included in the ending fund balance amount. ITEM 3. Amend paragraph 25.14(3)"a" as follows: a. Methods for pooling, managing and expending funds under control of the regional administrative entity. If the agreement does not provide for pooling of the participating county moneys in a single fund, the agreement shall specify how the participating county moneys will be subject to the control of the regional administrative entity. ITEM 4. Amend rule 441—25.22(225C) as follows:441—25.22(225C) Incentive fund application, approval, and reporting. 25.22(1) Application for regional incentive funds. A mental health and disability services region must submit an application on forms specified by the department with required supporting documentation. An application to receive regional incentive funds must meet the following requirements: a. The mental health and disability services region shall submit the application with supporting documentation electronically to the department by 4:30 p.m. on November 15, 2021, for state fiscal year 2022 funding. b. The mental health and disability services region shall submit the application with supporting documentation electronically to the department by 4:30 p.m. on November 15, 2022, for state fiscal year 2023 funding. a. The region shall submit the application with supporting documentation electronically to the department by 4:30 p.m. on November 15 of the state fiscal year in which funding is requested. c. b. The application shall be complete and signed by the chairperson of the mental health and disability services regionregional governing board and regional chief executive officer. d. c. Application supporting documentation shall include evidence to demonstrate compliance with subrule 25.22(2). 25.22(2) Applicant conditions. To receive funding in state fiscal years 2022 and 2023, the mental health and disability services region, a region must submit to the department sufficient data to demonstrate that the region has met the standards in the region’s performance-based contract outlined in rule 441—25.23(331). Additionally, the region must meet the following conditions: a. The mental health and disability services region must be in compliance with the regional service system management plan as defined in Iowa Code section 331.393. b. Applicants for state fiscal year 2022 funding must have an ending balance in the region’s combined services fund equal to or less than 40 percent of the actual expenditures in state fiscal year 2020. c. Applicants for state fiscal year 2023 funding must have an ending balance in the region’s combined services fund equal to or less than 20 percent of the actual expenditures in state fiscal year 2021. b. The region’s ending fund balance in the fiscal year that commenced two years prior to the year of application shall meet the ending balance threshold in accordance with Iowa Code section 225C.7A. d. c. The mental health and disability services region must need incentive funds for one or more of the following circumstances: (1) Operating in aIf the region has an operating deficit,andto reimburse the region for a reduction in available funding for core services as the result of the reduction and elimination of the levy. (2) To incentivize quality core services that meet or exceed the defined outcomes in the performance-based contract. (3) To support regional efforts to fund non-core services that support the defined outcomes of core services in the performance-based contract. (2) (4) SupportFor support of non-core services to maintain individuals in a community setting or reduce the risk that individuals needing services and supports would be placed in more restrictive, higher-cost settings. 25.22(3) Incentive fund application review and approval. The department shall make its final decisions for incentive funds on or before December 15 of the fiscal year of application. a. A written notice regarding acceptance or rejection of an application and the total amount obligated shall be furnished to the mental health and disability services region. b. The department shall distribute incentive funds payable to the mental health and disability services regions for the amounts due on or before January 1. 25.22(4) Incentive fund reporting. Mental health and disability services regions shall submit to the department a report on forms specified by the department twice each calendar year subsequent to an award distribution. Reports shall be submitted by February 15 and August 15. 25.22(5) Incentive fund review. The department shall analyze year-end financial records and annual independent audits of the mental health and disability services region for all years subsequent to an incentive fund award. If the department determines a mental health and disability services region’s actual need for incentive funds was less than the amount of incentive funds granted, the mental health and disability services region shall refund the difference between the amount of assistance granted and the actual need. a. A written notice outlining the department’s findings and moneys identified for repayment shall be furnished to the regional administrative entity. b. The mental health and disability services region shall submit the refund within 30 days of receiving notice from the department. Refunds shall be credited to the incentive fund. This rule is intended to implement Iowa Code section 225C.7Aas amended by 2021 Iowa Acts, Senate File 619. ITEM 5. Adopt the following new rule 441—25.23(331):441—25.23(331) Performance-based contract. The mental health and disability services region shall enter into a performance-based contract with the department to administer the service system in accordance with Iowa Code section 225C.7A. The performance-based contract shall include but not be limited to the following requirements: 25.23(1) The department will approve, deny, or revise each region’s annual service and budget plan in accordance with rule 441—25.19(331). 25.23(2) The region will provide access to all core services under Iowa Code sections 331.397 and 331.397A and in accordance with this chapter. 25.23(3) The region will utilize all federal government funding, including Medicaid funding, third-party payment sources, and other nongovernmental funding, prior to using regional service payments. 25.23(4) The department will perform an annual review of the region’s administrative costs. 25.23(5) The department will establish outcome improvement goals for populations served by the region, including but not limited to: a. Decreases in emergency department visits. b. Improved use of mobile crisis response and jail diversion programs. c. Improved employment-based outcomes. 25.23(6) The department will take steps to address a region’s noncompliance with the contract in accordance with Iowa Code section 331.389. This rule is intended to implement Iowa Code section 225C.7A. [Filed 2/17/22, effective 5/1/22][Published 3/9/22]Editor’s Note: For replacement pages for IAC, see IAC Supplement 3/9/22.ARC 6224CHuman Services Department[441]Adopted and FiledRule making related to outdated language
The Human Services Department hereby amends Chapter 34, “Alternative Diagnostic Facilities,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 218.4.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 225C.14.Purpose and Summary The Department is revising outdated language used when a person is being assessed for admission to a state mental health institution on a voluntary basis. The outdated language will be replaced with more current, person-centered language to be consistent with best practices for persons with mental illness.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on December 29, 2021, as ARC 6114C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Council on Human Services on February 10, 2022.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 rule 441—1.8(17A,217). 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 May 1, 2022. The following rule-making actions are adopted:
ITEM 1. Amend rule 441—34.1(225C), definitions of “Alternative diagnostic facility” and “Mental health professional,” as follows: "Alternative diagnostic facility" means any organization or individual designated by the county board of supervisors to implement the preliminary diagnostic evaluation policy (Iowa Code section 225C.14) when a county is not served by a community mental health center capable of the diagnostic evaluations. An alternative diagnostic facility may be the outpatient service of a state mental health institute or any organization or individual able to furnish the requisite skills and to meet the standards set forth in this chapter by the mental health and mental retardationdisability services commission. "Mental health professional" means a person whoan individual who has either of the following qualifications:- Holds at least a master’s degree in a mental health field, including, but not limited to, psychology, counseling and guidance, nursing and social work; or is a doctor of medicine (M.D.) or doctor of osteopathic medicine and surgery (D.O.); and
- Holds a current Iowa license when required by Iowa licensure law; and
- Has at least two years of postdegree experience, supervised by a mental health professional, in assessing mental health problems and needs of individuals and in providing appropriate mental health services for those individuals.
- The individual meets all of the following requirements:
- Holds at least a master’s degree in a mental health field, including, but not limited to, psychology, counseling, guidance, nursing, or social work; or is an advanced registered nurse practitioner, a physician assistant, or a physician and surgeon; or is an osteopathic physician and surgeon.
- Holds a current Iowa license if practicing in a field covered by an Iowa licensure law.
- Has at least two years of postdegree clinical experience, supervised by another mental health professional, in assessing mental health needs and problems and in providing appropriate mental health services.
- The individual holds a current Iowa license if practicing in a field covered by an Iowa licensure law and is a psychiatrist, an advanced registered nurse practitioner who holds national certification in psychiatric mental health care and is licensed by the board of nursing, a physician assistant practicing under the supervision of a psychiatrist, or an individual who holds a doctorate degree in psychology and is licensed by the board of psychology.
Rule making related to diabetic education programs
The Human Services Department hereby amends Chapter 78, “Amount, Duration and Scope of Medical and Remedial Services,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 249A.4.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 249A.4.Purpose and Summary This rule making eliminates the “once per lifetime” policy for diabetic education for Medicaid members. This change will allow a Medicaid member to receive additional timely education in order to manage the Medicaid member’s diabetes. In many cases, once-in-a-lifetime education is not adequate for treatment, especially with the prevalence of diabetes in the national population. The Department has already been paying for more than one education series for some members, and this change will allow the rule to match the current practice. Members will continue to need a provider’s referral for the education.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on December 15, 2021, as ARC 6081C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Council on Human Services on February 10, 2022.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 rule 441—1.8(17A,217).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 May 1, 2022. The following rule-making action is adopted:
ITEM 1. Amend subparagraph 78.31(4)"f" as follows: (6) Restrictions and limitations on payment. Medicaid will pay for a diabetic self-management education program. Diabetic education programs will include follow-up assessments at 3 and 12 months without charge. A complete diabetic education program is payable once in the lifetime of a recipient. [Filed 2/13/22, effective 5/1/22][Published 3/9/22]Editor’s Note: For replacement pages for IAC, see IAC Supplement 3/9/22.ARC 6226CHuman Services Department[441]Adopted and FiledRule making related to decrease in minimum occupancy limitation used for reimbursement calculation
The Human Services Department hereby amends Chapter 81, “Nursing Facilities,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 249A.4.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 249A.4 and 2021 Iowa Acts, House File 891, division VII, section 39.Purpose and Summary The current rule requires that patient days in nursing facilities for purposes of the calculation of per diem for administrative, environmental, and property expenses shall be the greater of actual patient days or 85 percent of the licensed capacity of the facility. In accordance with 2021 Iowa Acts, House File 891, division VII, section 39, these amendments decrease the minimum occupancy limitation to 70 percent because of concerns that providers will continue to experience a decrease in nursing facility occupancy due to the public health emergency. The cost reports for 2022 fiscal year ending (FYE) will be used in the rebase for state fiscal year (SFY) 2024 rates.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on December 15, 2021, as ARC 6097C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Council on Human Services on February 10, 2022.Fiscal Impact These amendments are for SFY 2024 and SFY 2025, and the cost report data are not yet available. Therefore, the fiscal impact cannot be determined. There will be no impact in SFY 2022 or SFY 2023.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 rule 441—1.8(17A,217).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 May 1, 2022. The following rule-making actions are adopted:
ITEM 1. Amend subparagraph 81.6(16)"a" as follows: (1) Non-state-owned nursing facilities. Effective December 1, 2009, patient days for purposes of the computation of administrative, environmental, and property expenses for non-state-owned facilities shall be inpatient days as determined in subrule 81.6(7) or 85 percent of the licensed capacity of the facility, whichever is greater.For the reimbursement period beginning July 1, 2023, and ending June 30, 2025, patient days for purposes of the computation of administrative, environmental, and property expenses for non-state-owned facilities shall be inpatient days as determined in subrule 81.6(7) or 70 percent of the licensed capacity of the facility, whichever is greater. Patient days for purposes of the computation of all other expenses shall be inpatient days as determined in subrule 81.6(7). ITEM 2. Amend numbered paragraph 81.6(16)"h" as follows: 1. Effective December 1, 2009, total patient days shall be determined using the most current submitted financial and statistical report or using the estimated total patient days as reported in the request for the add-on. For purposes of calculating the add-on, total patient days shall be the greater of the estimated annual total patient days or 85 percent of the facility’s estimated licensed capacity.For the period beginning July 1, 2023, and ending June 30, 2025, patient days for purposes of the computation of administrative, environmental, and property expenses for non-state-owned facilities shall be inpatient days or the minimum occupancy of 70 percent of the licensed capacity of the facility, whichever is greater. ITEM 3. Amend numbered paragraph 81.6(16)"h" as follows: 1. Effective December 1, 2009, for purposes of recalculating the capital cost per diem instant relief add-on, total patient days shall be based on the greater of the number of actual patient days during the period in which the add-on was paid or 85 percent of the facility’s actual licensed bed capacity during the period in which the add-on was paid.For the period beginning July 1, 2023, and ending June 30, 2025, patient days for purposes of the computation of administrative, environmental, and property expenses for non-state-owned facilities shall be inpatient days or the minimum occupancy of 70 percent of the licensed capacity of the facility, whichever is greater. ITEM 4. Amend rule 441—81.6(249A), implementation sentence, as follows: This rule is intended to implement Iowa Code sections 249A.4 and 249A.16, Iowa Code chapterand chapters 249K, and 2009 Iowa Code Supplement chapter 249L. ITEM 5. Amend rule 441—81.23(249A), implementation sentence, as follows: This rule is intended to implement Iowa Code Supplement section 249A.30A. [Filed 2/13/22, effective 5/1/22][Published 3/9/22]Editor’s Note: For replacement pages for IAC, see IAC Supplement 3/9/22.ARC 6225CHuman Services Department[441]Adopted and FiledRule making related to Iowa juvenile home
The Human Services Department hereby rescinds Chapter 101, “Iowa Juvenile Home,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 218.4.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 218.4.Purpose and Summary The Department is eliminating Chapter 101 in its entirety, because the Iowa Juvenile Home is closed. Administrative rules on this children’s institution are no longer needed.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on December 29, 2021, as ARC 6109C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Council on Human Services on February 10, 2022.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 rule 441—1.8(17A,217).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 May 1, 2022. The following rule-making action is adopted:
ITEM 1. Rescind and reserve 441—Chapter 101. [Filed 2/13/22, effective 5/1/22][Published 3/9/22]Editor’s Note: For replacement pages for IAC, see IAC Supplement 3/9/22.ARC 6230CPublic Safety Department[661]Adopted and FiledRule making related to complaints and the filing and investigation thereof and requests for personal information
The Public Safety Department hereby amends Chapter 35, “Complaints Against Employees,” and Chapter 80, “Public Records and Fair Information Practices,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code chapters 22 and 80F.State or Federal Law Implemented This rule making implements, in whole or in part, 2021 Iowa Acts, Senate File 342, sections 17 through 22.Purpose and Summary This rule making revises the definition of a complaint and the process to file a complaint to align with 2021 Iowa Acts, Senate File 342, sections 17 through 22, including requirements that written complaints be signed. This rule making also conforms the subsequent investigation of complaints and the release of personal information to the requirements of 2021 Iowa Acts, Senate File 342, sections 17 through 22.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on November 17, 2021, as ARC 6052C. 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 December 22, 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 Pursuant to the provisions of rule 661—10.222(17A), the Department does not have authority to waive requirements established by statute. 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 the provisions of rule 661—10.222(17A).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 April 13, 2022. The following rule-making actions are adopted:
ITEM 1. Amend rule 661—35.1(80) as follows:661—35.1(80) Definitions. The following definitions apply to rules 661—35.1(80) through 661—35.3(80)661—35.4(80): "Complaint" means ana formal written allegation by any person of asigned by the complainant, or a signed written statement by an officer receiving an oral complaint stating the complainant’s allegation regarding, but not limited to, breach of rules or orders, a violation of the law, or other misconduct by an employee of the department. "Department" means the Iowa department of public safety. "Employee" means any employee of the department. ITEM 2. Amend rule 661—35.2(80) as follows:661—35.2(80) Filing a complaint. 35.2(1) Any person may file a complaint against an employee or employees by: a. Mailing asigned complaint in writing to the professional standards bureau, at the following address:Professional Standards BureauIowa Department of Public SafetyState Public Safety HeadquartersOran Pape State Office Building 215 East 7th Street Des Moines, Iowa 50319Complaints in writing may be mailed or submitted to any office of the department. b. Calling the professional standards bureau at (515)725-6270, or by calling any office of the department. c. Completing the commendation/complaint form online on the website of the department.Note: The complaint form may be found at the following location: stateofiowa.seamlessdocs.com/f/PSB_Complaint_Form. 35.2(2) The complainant should describe as specifically and completely as possible the nature of the complaint and the details of any incident or incidents which give rise to the complaint. 35.2(3) Each complaint received will be recorded and investigated. 35.2(4) The complainant need not be identifiedif a statement is received as an oral complaint. Anonymous complaints will be accepted and investigated as thoroughly as possible. ITEM 3. Adopt the following new rule 661—35.4(80):661—35.4(80) Investigation requirements of agency. 35.4(1) Recordkeeping and release of information. The department shall keep confidential an officer’s statement, recordings or transcripts of any interviews or disciplinary proceedings, and any complaints made against an officer unless otherwise provided by law or with the officer’s written consent. Nothing in this rule prohibits the release of an officer’s statement, recordings or transcripts of any interviews or disciplinary proceedings, and any complaints made against an officer to the officer or the officer’s legal counsel upon the officer’s request. 35.4(2) Training of investigating employee. The department shall provide training to any officer or supervisor who performs or supervises an investigation under Iowa Code section 80F.1, and shall maintain documentation of any related training. The Iowa law enforcement academy shall adopt minimum training standards consistent with this rule, including training standards concerning interviewing an officer subject to a complaint. 35.4(3) Right of officer to personnel file and records. Upon written request, the department shall provide to the requesting officer or the officer’s legal counsel a copy of the officer’s personnel file and training records regardless of whether the officer is subject to a formal administrative investigation at the time of the request. This rule is intended to implement Iowa Code sections 80F.1(20) through 80F.1(22). ITEM 4. Amend rule 661—80.15(22,80F) as follows:661—80.15(22,80F) Release of official photographs ofor personal information about employees. 80.15(1) An official photograph ofor personal information about an employee of the department who is an officer as defined in Iowa Code section 80F.1 shall be released only if either of the following is true: a. The employee has signed a written release giving permission to release the photographor personal information; or b. A request has been received to release the photographor personal information pursuant to Iowa Code chapter 22. 80.15(2) A photograph ofor personal information about any employee of the department shall not be released if its release could jeopardize an ongoing investigation or place the employee at risk. 80.15(3) An officer’s personal information, including but not limited to the officer’s home address, personal telephone number, personal electronic mail address, date of birth, social security number, and driver’s license number, shall be confidential and redacted prior to a record’s release to the public by the department. [Filed 2/15/22, effective 4/13/22][Published 3/9/22]Editor’s Note: For replacement pages for IAC, see IAC Supplement 3/9/22.ARC 6240CRevenue Department[701]Adopted and FiledRule making related to tuition and textbook tax credit
The Revenue Department hereby amends Chapter 42, “Adjustments to Computed Tax and Tax Credits,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 422.68.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 422.12 as amended by 2021 Iowa Acts, House File 847, sections 7 and 8.Purpose and Summary This rule making implements statutory changes related to eligibility for the tuition and textbook tax credit and the rate of the credit. 2021 Iowa Acts, House File 847, increased the tax credit rate to 25 percent of the first $2,000 of eligible expenses from 25 percent of the first $1,000 of eligible expenses for tax years beginning on or after January 1, 2021. The legislation also expanded eligibility for the credit to taxpayers whose dependents receive private instruction. Previously, the credit was limited to taxpayers whose dependents attend a public or private elementary or secondary school in Iowa. The rule making clarifies that a tuition or textbook expense must be required for attendance by an elementary or secondary school in Iowa or for attendance for dependents receiving private instruction to be eligible for the credit. The rule making provides a list of examples of tuition items that may be eligible for the credit. The rule making also adds examples of extracurricular expenses that will or will not qualify for the credit.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on October 20, 2021, as ARC 5990C. A public hearing was held on November 15, 2021, via videoconference. The Department received four public comments. The comments all stated that the Department’s proposed amendments were contrary to the intent of the statutory change, were not practical to administer, and may have been confusing to taxpayers. Several changes from the Notice have been made. Language specifically requiring tuition or textbook expenses to be those required by an accredited elementary or secondary school in subrules 42.4(1) and 42.4(2) has been removed. Also, language was added in subrule 42.4(3) to clarify that expenses in the enumerated examples will qualify for the credit both for taxpayers whose dependents attend school and for taxpayers whose dependents receive private instruction. Additionally, two references to 2021 Iowa Acts, House File 847, have been removed since the amendments in the legislation have been codified in the 2022 Iowa Code.Adoption of Rule Making This rule making was adopted by the Department on February 16, 2022.Fiscal Impact This rule making has no fiscal impact to the State of Iowa beyond that of the legislation it is intended to implement. 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 rule 701—7.28(17A).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 April 13, 2022. The following rule-making action is adopted:
ITEM 1. Amend rule 701—42.4(422) as follows:701—42.4(422) Tuition and textbook credit for expenses incurred for dependents attending grades kindergarten through 12 in Iowa. Effective for tax years beginning on or after January 1, 1998, taxpayersTaxpayers who pay tuition and textbook expenses of dependents who attend grades kindergarten through 12 in an Iowa school may receive a tax credit of 25 percent of up to $1,000$2,000 ($1,000 for tax years beginning prior to January 1, 2021) of qualifying expenses for each dependent attendingwho receives private instruction, as defined in Iowa Code section 422.12(1)“c,” or attends an elementary or secondary school located in Iowa.A taxpayer whose dependent receives private instruction is only eligible for the tuition and textbook credit for tax years beginning on or after January 1, 2021.InFor a taxpayer whose dependent attends an elementary or secondary school, in order for the taxpayer to qualify for the tax credit for tuition and textbookstuition and textbook credit, the elementary school or secondary school that the dependent is attending must meet the standards for accreditation of public and nonpublic schools in Iowa provided in Iowa Code section 256.11. In addition, the school the dependent is attending must not be operated for profit and must adhere to the provisions of the United States Civil Rights Act of 1964, and the provisions of Iowa Code chapter 216, which is known as the Iowa civil rights Act of 1965. The following definitions and criteria apply to the determination of the tax credit for amounts paid by the taxpayer for tuition and textbooks for a dependent attending an elementary or secondary school in Iowa: 42.4(1) Tuition. For purposes of the tuition and textbook tax credit, “tuition” means any charge made by an elementary or secondary school for the expense of personnel, buildings, equipment, and materials other than textbooks, and other expenses of elementary or secondary schools which relate to the teaching of only those subjects that are legally and commonly taught in public elementary or secondary schools in Iowa. “Tuition” includes charges by a qualified school for summer school classes or for private instruction of a child who is physically unable to attend classes at the site of the elementary or secondary school.Expenses paid by a taxpayer, including a taxpayer whose dependent receives private instruction, for equipment and materials other than textbooks must be for equipment and materials required for attendance in Iowa in order to be eligible for the tuition and textbook tax credit. The following are examples of equipment and materials that may qualify for the credit provided they are required for attendance in school or for providing private instruction: a. Pocket folders and binders. b. Spiral notebooks and loose-leaf paper. c. Writing utensils, including pens, pencils, highlighters, colored pencils, crayons, and markers. d. Backpacks. e. Rulers. f. Calculators. g. Scissors. h. Computers, including rental fees paid to a school for the use of a computer.“Tuition” does not include charges or fees which relate to the teaching of religious tenets, doctrines, or worship in cases where the purpose of the teaching is to inculcate the religious tenets, doctrines, or worship. In addition, “tuition” does not include amounts paid to an individual or other entity for private instruction of a dependent who attends an elementary or secondary school in Iowa.instruction that is supplementary to elementary or secondary school instruction or private instruction. Amounts paid to aan elementary or secondary schoolor to a person providing private instruction for meals, lodging, or clothing for a dependent do not qualify for the tax credit for tuition.“Tuition” also does not include expenses for Internet services or Internet upgrades to facilitate remote learning.Amounts paid to an individual or organization for home schooling of a dependent or the teaching of a dependent outside of an elementary or secondary school may not be claimed for purposes of the tuition and textbook tax credit. 42.4(2) Textbooks. For purposes of the tuition and textbook tax credit, “textbooks” means books and other instructional materials used in elementary and secondary schools in Iowa to teach only those subjects legally and commonly taught in public elementary and secondary schools in Iowa. “Textbooks” includes fees or charges by the elementary or secondary school for required supplies or materials for classes in art, home economics, shop, or similar courses. “Textbooks” also includes books and materials used for extracurricular activities, such as sporting events, musical events, dramatic events, speech activities, driver’s education, or programs of a similar nature.“Textbooks” does not include amounts paid for books or other instructional materials used in the teaching of religious tenets, doctrines, or worship, in cases where the purpose of the teaching is to inculcate the religious tenets, doctrine, or worship. “Textbooks” alsoFor tax years beginning before January 1, 2021, “textbooks” does not include amounts paid for books or other instructional materials used in teaching a dependent subjects in the home or outside of an elementary or secondary school.For tax years beginning on or after January 1, 2021, “textbooks” does include amounts paid for books or other instructional materials used in teaching a dependent subjects in the home or outside of an elementary or secondary school if that dependent is receiving private instruction. 42.4(3) Extracurricular activities. For purposes of the tuition and textbook tax credit, amounts paid for dependents to participate in or to attend extracurricular activities may be claimed as part of the tuition and textbook tax credit. “Extracurricular activities” includes sporting events, musical events, dramatic events, speech activities, driver’s education if provided at a school, and programs of a similar nature. a. The following are specific examples of expenditures related to a dependent’s participation in or attendance at extracurricular activitiesoffered by a qualifying school or offered in the course of private instruction that may qualify for the tuition and textbook tax credit: (1) Fees for participation in school sports activities. (2) Fees for field trips. (3) Rental fees for instruments for school bands or orchestras but not rental fees in rent-to-own contracts. (4) Driver’s education fees, if paid to a school. (5) Cost of activity tickets or admission tickets to school sporting, music, and dramatic events. (6) Fees for events such as homecoming, winter formal, prom, or similar events. (7) Rental of costumes for school plays. (8) Purchase of costumes for school plays if the costumes are not suitable for street wear. (9) Purchase of track shoes, football shoes, or other athletic shoes with cleats, spikes, or other features that are not suitable for street wear. (10) Costs of tickets or other admission fees to attend banquets or buffets for school academic or athletic awards. (11) Trumpet grease, woodwind reeds, guitar picks, violin strings, and similar types of items for maintenance of instruments used in school bands or orchestras. (12) Band booster club or athletic booster club dues, but only if dues are for the dependent attending the school and not the parent or adult. (13) Rental ofa formal gown ora tuxedo for schoola dance or other schoolsimilar event. (14) Dues paid to school clubs or school-sponsored organizations such as chess club, photography club, debate club, or similar organizations. (15) Amounts paid for music that will be used in school music programs, including vocal music programs. (16) Fees paid forrequired general materials for shop class, agriculture class, home economics class, or auto repair class and general fees for equivalent classes. (17) Fees for a dependent’s bus trips to attend schoolor private instruction if paid to the schoolor the provider of private instruction. (18) Costs of band or athletic uniforms. (19) Costs of instrument lessons. b. The following are specific examples of expenditures related to a dependent’s participation in or attendance at extracurricular activitiesoffered by a school or offered in the course of private instruction that will not qualify for the tuition and textbook credit. (1) Purchase of a musical instrument used in a school band or orchestra. (2) Purchase of basketball shoes or other athletic shoes that are readily adaptable to street wear. (3) Amounts paid for special testing such as SAT or PSAT, and for Iowa talent search tests. (4) Payments for senior trips, band trips, and other overnight school activity trips which involve payment for meals and lodging. (5) Fees paid to K-12 schoolsor to a private instructor for courses for college credit. (6) Amounts paid for T-shirts, sweatshirts, and similar clothing that is appropriate for street wear. (7) Amounts paid for special programs at universities and colleges for high school students. (8) Payment for private instrumental lessons, voice lessons or similar lessons. (9) (8) Amounts paid for a school yearbook, annual, or class ring. (10) (9) Fees for special materials paid for shop class, agriculture class, auto repair class, home economics class, and similar classes. For purposes of this paragraph, “special materials” means materials used for personal projects of the dependents, such as materials to make furniture for personal use, automobile parts for family automobiles, and other materials for projects for personal or family benefit. (10) Purchase of a formal gown or a tuxedo for a dance or similar event. (11) Amounts paid for sports-related social events. 42.4(4) Claiming the credit. The credit can only be claimed by the spouse who claims the dependent credit on the Iowa tax return as described in subrule 42.3(3). For example, for divorced or separated parents, only the spouse who claims the dependent credit on the Iowa return can claim the tuition and textbook credit for tuition and textbook expenses for that dependent.In cases where married taxpayers file separately on a combined return form, the tuition and textbook credit shall be allocated between the spouses in the ratio in which the dependent credit was claimed between the spouses. This rule is intended to implement Iowa Code section 422.12. [Filed 2/18/22, effective 4/13/22][Published 3/9/22]Editor’s Note: For replacement pages for IAC, see IAC Supplement 3/9/22.ARC 6227CRevenue Department[701]Adopted and FiledRule making related to tax credit for volunteer fire fighters, volunteer emergency medical services personnel, and reserve peace officers
The Revenue Department hereby amends Chapter 42, “Adjustments to Computed Tax and Tax Credits,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 422.68.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 422.12 and 2021 Iowa Acts, Senate File 619, sections 73, 74, and 75.Purpose and Summary This rule making is intended to implement statutory changes to the tax credit amount for volunteer fire fighters, volunteer emergency medical services personnel, and reserve peace officers. 2021 Iowa Acts, Senate File 619, division XXIII, increased the amount of the credit from $100 per year to $250 per year for tax years beginning on or after January 1, 2021.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on October 20, 2021, as ARC 5987C. No public comments were received. One change from the Notice has been made. A reference to 2014 Iowa Acts, House File 2459, and a reference to 2021 Iowa Acts, Senate File 619, have been removed because the legislation has been codified in Iowa Code chapter 422.Adoption of Rule Making This rule making was adopted by the Department on November 24, 2021.Fiscal Impact This rule making has no fiscal impact to the State of Iowa beyond that of the legislation it is intended to implement. 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 rule 701—7.28(17A).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 April 13, 2022. The following rule-making action is adopted:
ITEM 1. Amend rule 701—42.49(422) as follows:701—42.49(422) Volunteer fire fighter, volunteer emergency medical services personnelmember, and reserve peace officer tax credit. Effective for tax years beginning on or after January 1, 2013, a tax credit is available for individual income tax for volunteer fire fighters and volunteer emergency medical services (EMS) personnel. Effective for tax years beginning on or after January 1, 2014, a tax credit is available for individual income tax forvolunteer fire fighters, volunteer emergency medical services (EMS) personnel members, and reserve peace officers. 42.49(1) Definitions. The following definitions are applicable to this rule: "Emergency medical services personnelmember" "EMS personnelmember" means an emergency medical care provider, as defined in Iowa Code section 147A.1, who is certified as a first responder in accordance with Iowa Code chapter 147A. For tax years beginning on or after January 1, 2014, “emergency medical services personnelmember” or “EMS personnelmember” also includes an individual who is a paid employee of an emergency medical services program and who is also a volunteer emergency medical services personnelmember in a city, county, or area governed by an agreement pursuant to Iowa Code chapter 28E. "Reserve peace officer" means a reserve peace officer as defined in Iowa Code section 80D.1A who has met the minimum state training standards established by the Iowa law enforcement academy in accordance with Iowa Code chapter 80D. "Volunteer fire fighter" means a volunteer fire fighter, as defined in Iowa Code section 85.61, who has met the minimum training standards established by the fire service training bureau pursuant to Iowa Code chapter 100B. For tax years beginning on or after January 1, 2014, “volunteer fire fighter” means an individual who is an active member of an organized volunteer fire department in Iowa or is performing services as a volunteer fire fighter for a municipality, township, or benefited fire district at the request of the chief or other person in command and who has met the minimum training standards established by the fire service training bureau pursuant to Iowa Code chapter 100B. For tax years beginning on or after January 1, 2014, a volunteer fire fighter also includes an individual who is a paid employee of a fire department and who is also a volunteer fire fighter in a city, county, or area governed by an agreement pursuant to Iowa Code chapter 28E. 42.49(2) Calculation of the credit. a. The credit is equal to $50 for the tax year beginning January 1, 2013, if the volunteer fire fighter or volunteer EMS personnel was a volunteer for the entire year. The credit is equal to $100 for tax years beginning on or after January 1, 2014, if the volunteer fire fighter, volunteer EMS personnel or reserve peace officer was a volunteer for the entire year.$250 for tax years beginning on or after January 1, 2021, if the volunteer fire fighter, volunteer EMS personnel member, or reserve peace officer was a volunteer for the entire year. The credit is equal to $50 for tax year 2013 and $100 for tax years 2014 through 2020. b. If the individual was not a volunteer fire fighter or volunteer EMS personnel for the entire 2013 calendar year, the $50 credit is prorated based on the number of months the individual was a volunteer. Beginning in the 2014 calendar year, if the individual was not a volunteer fire fighter, volunteer EMS personnel or reserve peace officer for the entire year, the $100 credit is prorated based on the number of months the individual was a volunteer.fire fighter, volunteer EMS personnel member, or reserve peace officer for the entire calendar year, the credit is prorated based on the number of months the individual was a volunteer. If the individual was a volunteer during any part of a month, the individual will be considered a volunteer for the entire month. The amount of credit will be rounded to the nearest dollar. c. If an individual is bothholds more than one volunteer position as a volunteer fire fighter,and a volunteer EMS personnelmember, or a reserve peace officer during the same month, a credit can be claimed for only one volunteer position for that month. ThereforeFor example, if an individual was both a volunteer fire fighter and volunteer EMS personnelmember for all of 2013calendar year 2021, the tax credit will equal $50$250. In addition, beginning in calendar year 2014, if a reserve peace officer is also either a volunteer fire fighter or a volunteer EMS personnel, a credit can be claimed for only one volunteer position for that month. 42.49(3) Verification of eligibility for the tax credit. An individual is required to have a written statement from the fire chief or other appropriate supervisor verifying that the individual was a volunteer fire fighter or volunteer EMS personnelmember for the months for which the tax credit is being claimed. Beginning with the 2014 tax year, anAn individual who is a reserve peace officer must have a written statement from the chief of police, sheriff, commissioner of public safety, or other appropriate supervisor verifying that the individual was a reserve peace officer for the months for which the tax credit is being claimed. The written statement does not have to be attached to a tax return claiming the credit. However, the individualdepartment may be requested torequest that the individual provide the written statement upon request by the department. This rule is intended to implement Iowa Code section 422.12 as amended by 2014 Iowa Acts, House File 2459. [Filed 12/17/21, effective 4/13/22][Published 3/9/22]Editor’s Note: For replacement pages for IAC, see IAC Supplement 3/9/22.ARC 6219CTransportation Department[761]Adopted and FiledRule making related to motor vehicle registration and titling and window tinting
The Transportation Department hereby amends Chapter 400, “Vehicle Registration and Certificate of Title,” and Chapter 450, “Motor Vehicle Equipment,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code sections 307.12 and 321.438.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 321.438 as amended by 2021 Iowa Acts, Senate File 342, section 53; section 322.19A as amended by 2021 Iowa Acts, Senate File 444, section 4; and section 633A.4604 as amended by 2021 Iowa Acts, Senate File 173, section 1.Purpose and Summary This rule making updates Chapters 400 and 450 to conform the rules with 2021 legislation. The amendments incorporate legislative changes to the vehicle registration and titling process, as well as to motor vehicle equipment requirements. 2021 Iowa Acts, Senate File 173, section 1, amended Iowa Code section 633A.4604 by clarifying the required contents of a certification of trust, which is created for the purpose of demonstrating the existence of a trust and can be used by the Department when registering or titling a vehicle subject to a trust. 2021 Iowa Acts, Senate File 444, section 4, amended Iowa Code section 322.19A by eliminating a provision from the Iowa Code that would have reduced by $25 the documentary fee a person pays when purchasing a vehicle from a dealer upon the Department’s implementation of the Electronic Registration and Titling (ERT) system. 2021 Iowa Acts, Senate File 342, section 53, amended Iowa Code section 321.438 by exempting persons operating motor vehicles owned or leased by federal, state or local law enforcement agencies from Iowa’s window tinting laws.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on December 29, 2021, as ARC 6118C. 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 February 8, 2022.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 April 13, 2022. The following rule-making actions are adopted:
ITEM 1. Amend paragraph 400.3(17)"d" as follows: d. In addition to the documentary fee authorized under Iowa Code section 322.19A, an end user that is a motor vehicle dealer licensed by the department under Iowa Code chapter 322 or 322C may pass and charge to a customer the fees or costs incurred by the motor vehicle dealer to submit the customer’s application through an ERT service provider’s services as a third-party cost or fee under Iowa Code section 322.19A(1), provided that the motor vehicle dealer discloses the charge to the customer before submitting the application. The documentary fee charged by the motor vehicle dealer shall not exceed the amount authorized by Iowa Code section 322.19A(3)322.19A. Neither the ERT service provider nor the motor vehicle dealer shall charge a customer for creation or delivery of a “registration applied for” card. ITEM 2. Amend subrule 400.4(9) as follows: 400.4(9) Applications in the name of trusts. An application in the name of a trust shall be accompanied by a copy of all documents creating or otherwise affecting the trust or by the certification of trust as defined in Iowa Code section 633A.4604. a. The certification of trust may be signed by any trustee or the attorney for any trustee. b. The application shall be signed by the number of trustees as specified in the trust agreement or the certification of trust, and the applicant shall provide the department with the document or the certification of trustspecifying the required signatories for the trust. If neither the trust nor the certification of trust specifies the required signatories, the application may be signed by any trustee or attorney for the trustee. Each signature on the application shall be followed by the words “as trustee” or “as attorney for the trustee.” c. If a certification of trust is provided, one of the following shall apply: (1) Any currently acting trustee may sign the application if the certification of trust states that such trustee may act individually. (2) A majority of the trustees must sign the application if the certification of trust states that the trustees must act by majority decision. (3) All currently acting trustees must sign the application if the certification of trust states that the trustees must act by unanimous decision. d. A certification of trust must meet the requirements of Iowa Code section 633A.4604, including but not limited to providing the names of all the currently acting trustees. If there are two or more currently acting trustees, the certification of trust must state whether the trustees may act individually, whether the trustees must act by majority decision or whether the trustees must act by unanimous decision. If the certification of trust does not meet said requirements, the certification of trust will be considered invalid for the purposes of the application. e. Each signature on the application shall be followed by the words “as trustee.” ITEM 3. Amend rule 761—400.4(321), implementation sentence, as follows: This rule is intended to implement Iowa Code sections 321.20, 321.23, 321.24, 321.30, 321.31, 321.45 to 321.50, 321.67, 321.515, 321.519,and 322.3and 633A.4604. ITEM 4. Amend paragraph 400.14(3)"b" as follows: b. When a vehicle is owned by a trust, the title shall be accompanied by a copy of all documents creating or otherwise affecting the trust or by the certification of trust as defined in Iowa Code section 633A.4604. (1) The certification of trust may be signed by any trustee or the attorney for any trustee. (2) The title shall be signed by the number of trustees as specified in the trust agreement or the certification of trust as defined in Iowa Code section 633A.4604, and the transferor shall provide the department with the document or the certification of trustspecifying the required signatories for the trust. If neither the trust nor the certification of trust specifies the required signatories, the title may be signed by any trustee or attorney for the trustee. Each signature on the title shall be followed by the words “as trustee” or “as attorney for the trustee.” (3) If a certification of trust is provided, one of the following shall apply: 1. Any currently acting trustee may sign the title if the certification of trust states that such trustee may act individually. 2. A majority of the trustees must sign the title if the certification of trust states that the trustees must act by majority decision. 3. All currently acting trustees must sign the title if the certification of trust states that the trustees must act by unanimous decision. (4) A certification of trust must meet the requirements of Iowa Code section 633A.4604, including but not limited to providing the names of all the currently acting trustees. If there are two or more currently acting trustees, the certification of trust must state whether the trustees may act individually, whether the trustees must act by majority decision or whether the trustees must act by unanimous decision. If the certification of trust does not meet said requirement, the certification of trust will be considered invalid for the purposes of the transfer. (5) Each signature on the title shall be followed by the words “as trustee.” ITEM 5. Amend rule 761—400.14(321), implementation sentence, as follows: This rule is intended to implement Iowa Code sections 321.20, 321.24, 321.45, 321.47, 321.49, and 321.67and 633A.4604. ITEM 6. Amend subrule 450.1(1) as follows: 450.1(1) Information and forms for vehicle registration and certificate of title may be obtained from the county treasurer or by mail from the Vehicle and Motor Carrier Services BureauVehicle Division, Iowa Department of Transportation, P.O. Box 9278, Des Moines, Iowa 50306-9278; in person at Iowa Department of Transportation, 6310 SE Convenience BoulevardBlvd., Ankeny, Iowa; by telephone at (515)237-3264; or on the department’s website at www.iowadot.gov. ITEM 7. Amend subrule 450.7(1) as follows: 450.7(1) Prohibition. Pursuant toExcept as provided in Iowa Code subsectionsection 321.438(2), a person shall not operate on the highway a motor vehicle equipped with a front windshield, a side window to the immediate right or left of the driver (front side window) or a sidewing forward of and to the left or right of the driver (front sidewing) which is excessively dark or reflective. [Filed 2/8/22, effective 4/13/22][Published 3/9/22]Editor’s Note: For replacement pages for IAC, see IAC Supplement 3/9/22.ARC 6220CTransportation Department[761]Adopted and FiledRule making related to salvage titles
The Transportation Department hereby amends Chapter 400, “Vehicle Registration and Certificate of Title,” and Chapter 405, “Salvage,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code sections 307.12 and 321.52 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 rule making updates Chapters 400 and 405 to conform these rules with 2021 Iowa Acts, Senate File 230, section 1. This legislation increased 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 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 amendments also update parenthetical implementation statutes and remove bureau names.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on December 1, 2021, as ARC 6066C. The public comment period ended on December 21, 2021. The Department received comments from Copart and Insurance Auto Auctions, Inc., and met with them to discuss their concerns. The amendments published in the Notice of Intended Action provided that the Department would confirm the damage level through the National Motor Vehicle Title Information System (NMVTIS). However, this wording was not entirely accurate because while NMVTIS may provide information about the damage history, it is not the source used to directly determine the vehicle’s damage level. Rather, the damage level of the vehicle is confirmed by using data obtained from the entity with direct knowledge of the damage, which can include the insurance provider or motor vehicle repair facility. For this reason, the Department did not adopt paragraph 400.55(3)“c” and revised paragraph 400.55(3)“b” to remove the previous references to using NMVTIS to confirm the damage level of a vehicle and to instead state that the damage level will be confirmed by reaching out to the entity with direct knowledge of the damage. The Department also added language to clarify that prior Iowa titles or foreign titles issued or designated as salvage, rebuilt or flood are not subject to review under paragraph 400.53(3)“b” because further review or confirmation of damage is not necessary for these designated titles. The reference to 2021 Iowa Acts, Senate File 230, section 1, in Item 1 has been removed because this legislation has been codified since publication of the Notice. Similarly, Item 8 of the Notice has been removed because it amended the chapter implementation sentence for Chapter 405 by adding a reference to 2021 Iowa Acts, Senate File 230, section 1. Now that this legislation has been codified, there is no need to amend the chapter implementation sentence.Adoption of Rule Making This rule making was adopted by the Department on February 8, 2022.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 April 13, 2022. The following rule-making actions are adopted:
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, and there is no evidence that a prior Iowa title or foreign title was issued or designated as salvage, rebuilt or flood, the department shall review the transaction to confirm the damage level using data obtained from the insurance provider, motor vehicle repair facility, or other entity with direct knowledge of the damage. This rule is intended to implement Iowa Code sectionsections 321.52 and321.69. 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. [Filed 2/10/22, effective 4/13/22][Published 3/9/22]Editor’s Note: For replacement pages for IAC, see IAC Supplement 3/9/22.ARC 6218CTransportation Department[761]Adopted and FiledRule making related to persons with disabilities parking permits
The Transportation Department hereby amends Chapter 411, “Persons with Disabilities Parking Permits,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code sections 307.12 and 321L.8.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code chapter 321L.Purpose and Summary This rule making relates to persons with disabilities (PWD) parking permits and aligns with existing legal authority and Department practice and eliminates outdated or irrelevant requirements or options. The rule defining a medical provider’s statement of disability is amended to align with Iowa Code section 321L.2, which requires a medical provider’s statement of disability to be on the medical provider’s stationery. The amendments clarify that stationery can include any communication, electronic or otherwise, that the Department can reasonably identify as originating from the applicant’s medical provider, which aligns with current Department practice and streamlines PWD parking permit application processing. The rule outlining the requirements for a PWD parking sticker is amended to clarify that a PWD sticker is not intended to be placed on a PWD license plate because placing a PWD sticker on a PWD license plate would be redundant. The amendments to the PWD parking permit application requirements align with Iowa Code requirements. These amendments allow the Department to accept a PWD parking permit application without the social security number, driver’s license number, or nonoperator’s identification card number of a person with a disability if the application is made on behalf of a person less than one year old. They also require a PWD parking permit application submitted by an organization to include both the name of the organization and the name of the authorized representative of the organization on the application, and they clarify that a PWD parking permit that is no longer being used may be returned to the Department, any driver’s license service center, or any law enforcement office.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on December 15, 2021, as ARC 6075C. 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 February 8, 2022.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 April 13, 2022. The following rule-making actions are adopted:
ITEM 1. Amend rule 761—411.1(321L) as follows:761—411.1(321L) Information and applications. Information and applications regarding persons with disabilities parking permits are available, electronically or otherwise, by mail from the Office of Vehicle and Motor Carrier ServicesVehicle 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 facsimile at (515)237-3056,; by email at vscusto@iowadot.us; or on the department’s Web sitewebsite at www.iowadot.gov. ITEM 2. Amend subrule 411.2(2) as follows: 411.2(2) As used in this chapter, unless the context otherwise requires: "Child" means the same as defined in 761—subrule 401.20(2). "Health care provider" means a physician licensed under Iowa Code chapter 148 or 149, a physician assistant licensed under Iowa Code chapter 148C, an advanced registered nurse practitioner licensed under Iowa Code chapter 152, or a chiropractor licensed under Iowa Code chapter 151, or a physician, physician assistant, nurse practitioner, or chiropractor licensed to practice in a contiguous state as set forth in Iowa Code section 321L.2(1). "Nonexpiring removable windshield placard" means a removable windshield placard issued on or before December 31, 2016, to a person with a permanent disability. "Organization" means an applicant that is a corporation, partnership, sole proprietorship, business trust, estate, trust, limited liability company, association, joint venture, government, governmental subdivision, agency, instrumentality, public corporation, or any other legal or commercial entity lawfully doing business in the state of Iowa that has a program for transporting persons with disabilities or elderly persons. "Permanent disability" means an applicant is a person with a disability as defined in Iowa Code section 321L.1(8) and the disability will continue indefinitely without resolution and is reasonably expected to last the applicant’s lifetime. "Standard removable windshield placard" means a removable windshield placard issued on or after January 1, 2017, to a person with a permanent disability. "Statement of disability" means a communication, electronic or otherwise, originating from the applicant’s health care provider, which attests that the applicant is a person with a disability as defined in Iowa Code section 321L.1(8). The statement must state the nature of the applicant’s disability and indicate whether the applicant’s disability is “temporary” or “permanent.” If the disability is temporary, the statement shall state the period of time during which the applicant is expected to be disabled and the period of time for which the permit should be issued, not to exceed six months. The statement must reasonably identify, on or within its contents, that it originated from the applicant’s health care providerbe written on the health care provider’s stationery. "Stationery" means any communication, electronic or otherwise, from which the department may reasonably identify, on or within its contents, that it originated from the applicant’s health care provider. "Temporary disability" means an applicant is a person with a disability as defined in Iowa Code section 321L.1(8) and the disability is not permanent and is reasonably expected to last for only a limited period of time. "Temporary removable windshield placard" means a removable windshield placard issued to a person with a temporary disability. ITEM 3. Amend rule 761—411.3(321L) as follows:761—411.3(321L) Application for persons with disabilities parking permit. 411.3(1) General. An applicant shall submit a completed application for a persons with disabilities parking permit, including required supporting documentation, pursuant to this chapter and Iowa Code section 321L.2. a. An applicant may request one of the following persons with disabilities parking permits by completing Form 411055: (1) Temporary removable windshield placard. (2) Standard removable windshield placard. (3) Persons with disabilities special registration plate parking sticker. (4) Persons with disabilities special registration plates. An applicant seeking persons with disabilities special registration plates must also submit an application as described in rule 761—401.20(321). b. An organization seeking a persons with disabilities removable windshield placard shall complete Form 411355. An application made by an organization does not have to include a statement of disability. 411.3(2) Application requirements. An application shall include the applicant’s full legal name, address, date of birth, social security number or Iowa driver’s license number or Iowa nonoperator’s identification number, and a statement of disability from the applicant’s health care provider. However, if the application is made on behalf of a person who is less than one year old, the application does not havepursuant to Iowa Code section 321L.2, the department may accept the application without the requirement to include a social security number, Iowa driver’s license number, or nonoperator’s identification card number for the person. In lieu of a statement of disability from a health care provider, an applicant who is certified by the U.S. Department of Veterans Affairs as having a permanent disability may submit both of the following with an otherwise completed persons with disabilities parking permit application: a. Proof that the applicant is the subject of a certification of disability from the U.S. Department of Veterans Affairs. b. A self-certification, verified under penalty of perjury, that states the nature of the applicant’s disability and attests that the disability certified by the U.S. Department of Veterans Affairs is a permanent disability that impairs the applicant’s mobility to the extent defined in Iowa Code section 321L.1(8). The self-certification must be attested to on the persons with disabilities parking permit application. 411.3(3) Availability of application. Applications may be obtained from any of the following: a. The department’s Web sitewebsite as set forth in rule 761—411.1(321L). b. The department’s office of vehicle and motor carrier servicesmotor vehicle division. c. A driver’s license stationservice center. d. A county treasurer’s office. e. The Office of Persons with Disabilities, Iowa Department of Human Rights, Lucas State Office Building, 321 E. 12th Street, Des Moines, Iowa 50319. 411.3(4) Application submission. Completed applications shall be submitted, electronically or otherwise, toin any of the followingways: a. The department’s office of vehicle and motor carrier servicesBy mail to 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 facsimile at (515)237-3056; or by email at vscusto@iowadot.us. b. AIn person at a driver’s license stationservice center. c. ATo the county treasurer’s office. 411.3(5) Application submitted by an organization. An application submitted by an organization shall include the name,of the organization; the name of its authorized representative; the mailing address, telephone number,and signature of its authorized representative,; and if required to obtain one, the organization’s federal employer identification number or federal tax identification number. ITEM 4. Amend subrule 411.5(1) as follows: 411.5(1) Eligibility. A persons with disabilities special registration plate parking sticker may be issued to a person with a permanent disability who owns a motor vehicle for which the person has been issued disabled veteran plates under Iowa Code section 321.105 or registration plates under Iowa Code section 321.34. A special registration plate parking sticker shall not be issued to a person with a temporary disability or to an organization.In no event shall a special registration plate parking sticker be placed on persons with disabilities special plates issued under Iowa Code section 321.34(14). ITEM 5. Amend rule 761—411.7(321L) as follows:761—411.7(321L) Return of persons with disabilities parking permit. A persons with disabilities parking permit issued pursuant to this chapter and Iowa Code section 321L.2 shall be returned to the department, to a driver’s license service center, or to any law enforcement office within ten days of an occurrence of any of the events set forth in Iowa Code section 321L.3(1) and in the manner prescribed in Iowa Code section 321L.3(3). ITEM 6. Amend subrule 411.9(2) as follows: 411.9(2) The request shall be submitted in writing, to the director of the office of vehicle and motor carrier servicesvehicle division, at the address listed in rule 761—411.1(321L), and may be submitted electronically by facsimile, e-mailemail or other means prescribed by the department. To be timely, the request must be submitted within ten days of the receipt of notice of revocation. [Filed 2/8/22, effective 4/13/22][Published 3/9/22]Editor’s Note: For replacement pages for IAC, see IAC Supplement 3/9/22.