Gov. Reynolds signs new proclamation 04/24/2020

Posted: April 24, 2020

Gov. Reynolds signs new proclamation
continuing the State Public Health
Emergency Declaration
Fri, 04/24/2020 – 12:45
DES MOINES – Today, Gov. Reynolds signed a new proclamation continuing the State Public
Health Emergency Declaration. The proclamation permits health care providers to begin
the process of resuming some elective surgeries and procedures through a phased
approach, permits farmers markets to begin limited operations with appropriate public
health precautions, and provides other relief to Iowans affected by this disaster.
Read the full proclamation below or online here:
WHEREAS, the World Health Organization has reported an outbreak of thousands of cases
of Novel Coronavirus 2019 (COVID-19) in multiple countries, causing illness and deaths;
and
WHEREAS, on January 31, 2020, the United States Department of Health and Human
Services declared a national public health emergency; and
WHEREAS, on March 9, 2020, a Proclamation of Disaster Emergency was issued to
coordinate the State of Iowa’s response to the Novel Coronavirus 2019 (COVID-19)
outbreak and such disaster continues to exist; and
WHEREAS, on March 11, 2020 the World Health Organization declared the COVID-19
outbreak a global pandemic; and
WHEREAS, on March 13, 2020, President Donald J. Trump issued a proclamation declaring
that the COVID-19 outbreak in the United States constitutes a national emergency; and
WHEREAS, on March 17, 2020, a Proclamation of Public Health Disaster Emergency was
issued to provide additional needed resources and measures to respond to this disaster,
was extended on April 2, 2020, and such public health disaster continues to exist; and
WHEREAS, responding to this public health disaster and the continued medical needs of
Iowans requires the preservation of personal protective equipment to protect our
healthcare workforce and the preservation of critical hospital capacity for Iowans impacted
by the COVID-19 outbreak or while permitting the provision of other medical care; and
WHEREAS, the risk of transmission of COVID-19 may be substantially reduced while still
providing Iowans essential food products by limiting farmers markets and ensuring that
they engage in certain preventative measures; and
WHEREAS, strict compliance with the provisions of Iowa Admin. Code rule 641-131.5(1)
requiring in-person clinical experience would prevent, hinder, or delay necessary action in
coping with this disaster in all counties of our state; and
WHEREAS, strict compliance with the provisions of Iowa Admin. Code rule 641-131.4(1)(f)
requiring successful completion of the NREMT practical examination to be eligible for state
certification would prevent, hinder, or delay necessary action in coping with this disaster in
all counties of our state; and
WHEREAS, strict compliance with the provisions of Iowa Admin. Code rule 641-
131.5(10)(d) requiring training programs meet certain standards and guidelines in
applying to the department would prevent, hinder, or delay necessary action in coping with
this disaster in all counties of our state; and
WHEREAS, strict compliance with the provisions of Iowa Code §§ 147.2, 148B.8, and
154B.4, and Iowa Admin. Code r. 645-201.3(4) and 645-208.3(4), requiring out-of-state
physical therapists, physical therapist assistants, occupational therapists, occupational
therapy assistants, speech pathologists, audiologists, optometrists, podiatrists,
psychologists, dietitians, hearing aid specialists, physician assistants, behavior analysts,
assistant behavior analysts, orthotists, pedorthists, and prosthetists who hold an active
license in another state to be licensed in Iowa to provide services by telephone or other
electronic means to individuals in the State of Iowa would prevent, hinder, or delay
necessary action in coping with this disaster in all counties of our state; and
WHEREAS, strict compliance with the provisions of Iowa Code §§ 35A.16(3) and 35B.6,
and provisions of the Iowa Administrative Code implementing those sections, limiting
certain expenditures of allocations from the county commissions of veteran affairs fund
would prevent, hinder, or delay necessary action in coping with this disaster in all counties
of our state; and
WHEREAS, strict compliance with the provisions of Iowa Code § 256I.9(4)(e) limiting the
amount of school ready child grant funding that may carry forward to the next fiscal year
would prevent, hinder, or delay necessary action in coping with this disaster in all counties
of our state; and
WHEREAS, strict compliance with the provisions of Iowa Code chapter 26 requiring the
distribution, receipt, opening, or recording of paper documents by a governmental entity
under the Iowa Construction Bidding Procedures Act would prevent, hinder, or delay
necessary action in coping with this disaster in all counties of our state; and
WHEREAS, strict compliance with the provisions of Iowa Code § 808.8(2) requiring a peace
officer’s statement on a return of service to be made under oath would prevent, hinder, or
delay necessary action in coping with this disaster in all counties of our state; and
WHEREAS, strict compliance with the provisions of Iowa Admin. Code rules 650-11.2, 650-
11.5, 650-12.1, and 650-12.4 requiring an applicant for initial licensure as a dentist or
dental hygienist to complete specific examinations as a prerequisite for licensure would
prevent, hinder, or delay necessary action in coping with this disaster in all counties of our
state; and
WHEREAS, strict compliance with Iowa Code § 135.17(3) and Iowa Administrative Code
rule 641-51.12 which require each local board of health to furnish the Iowa Department of
Public Health with evidence by May 31 annually that each student enrolled in school within
the local board’s jurisdiction has satisfied dental screening requirements would prevent,
hinder, or delay necessary action in coping with this disaster in all counties of our state;
and
WHEREAS, strict compliance with the provisions of Iowa Admin. Code rule 493-12.3(1)
limiting the submission of interim claims in juvenile cases to certain hearings would
prevent, hinder, or delay necessary action in coping with this disaster in all counties of our
state; and
WHEREAS, strict compliance with the provisions of Iowa Admin. Code rule 493-12.3(4)
limiting the submission of interim claims in other cases to the conclusion of the case would
prevent, hinder, or delay necessary action in coping with this disaster in all counties of our
state; and
WHEREAS, strict compliance with the provisions of Iowa Code §§ 446.2, 446.7(1), 446.9,
446.10(2), 446.15, 446.16, 446.17, 446.18, 446.19, 446.19A, 446.19B, 446.24, 446.25, and
446.28 requiring a county treasurer to hold a tax sale for any parcel on which taxes are
delinquent would prevent, hinder, or delay necessary action in coping with this disaster in
all counties of our state; and
WHEREAS, strict compliance with the provisions of Iowa Code §§ 446.20(1) and 445.3(5),
permitting a county treasurer to collect the total amount of delinquent taxes due by
alternative remedy would prevent, hinder, or delay necessary action in coping with this
disaster in all counties of our state; and
WHEREAS, strict compliance with the provisions of Iowa Code §§ 446.20(2), 447.9 and
447.12 relating to a person’s right of redemption would prevent, hinder, or delay necessary
action in coping with this disaster in all counties of our state; and
WHEREAS, strict compliance with the provisions of Iowa Code §§ 447.1(1), 447.3, 447.4,
447.7(d), 447.8(4), relating to payments of interest on a person’s right of redemption
would prevent, hinder, or delay necessary action in coping with this disaster in all counties
of our state; and
WHEREAS, strict compliance with the provisions of Iowa Code §§ 448.1(1), requiring a
county treasurer to make out a deed immediately after the expiration of ninety days from
the date of completed service of a notice to redeem would prevent, hinder, or delay
necessary action in coping with this disaster in all counties of our state; and
WHEREAS, strict compliance with the provisions of Iowa Code § 422.7(32)(a) and Iowa
Admin. Code rule 701-40.53(1)(b) requiring a taxpayer that has made contributions to the
Iowa educational savings plan trust to make certain contributions and elections by April 30
would prevent, hinder, or delay necessary action in coping with this disaster in all counties
of our state; and
WHEREAS, strict compliance with the provisions of Iowa Code §§ 541B.3(1)(a) and §§
541B.3(2)(a) and Iowa Admin. Code rule 701-40.82(2)(b)(4) requiring the designation of
an account and an individual as beneficiary of a first-time homebuyer savings account by
April 30 of the year following the tax year during which the account is opened would
prevent, hinder, or delay necessary action in coping with this disaster in all counties of our
state; and
WHEREAS, strict compliance with the provisions of Iowa Code §§ 331.478(2) and
331.478(3) permitting a board of trustees of a county hospital to authorize noncurrent
debts would prevent, hinder, or delay necessary action in coping with this disaster in all
counties of our state; and
WHEREAS, strict compliance with the provisions of Iowa Code §§ 331.478(2) and 331.479
requiring notice, publication, and a meeting of a board of trustees of a county hospital prior
to authorizing noncurrent debts would prevent, hinder, or delay necessary action in coping
with this disaster in all counties of our state; and
WHEREAS, strict compliance with the provisions of Iowa Code chapter 643 concerning
actions of replevin to recover collateral for nonpayment of a debt would prevent, hinder, or
delay necessary action in coping with this disaster in all counties of our state; and
WHEREAS, strict compliance with the provisions authorizing the commencement of
proceedings or the prosecution of ongoing proceedings subject to mandatory mediation
under Iowa Code §654A.6 would prevent, hinder, or delay necessary action in coping with
this disaster in all counties of our state; and
WHEREAS, strict compliance with the regulatory provisions of Iowa Code Chapters 642
and 626 regarding the practice of garnishing Iowan’s bank accounts, public benefits, and
earnings, including potentially garnishing federal stimulus and expanded unemployment
insurance payments, causes hardship for the most vulnerable Iowans and is
counterproductive to the government’s efforts to counteract the negative economic effects
of this disaster in all counties of our state.
NOW THEREFORE, I, KIMBERLY K. REYNOLDS, Governor of the State of Iowa, by the
power and authority vested in me by the Iowa Constitution, Art. IV, §§ 1, 8 and Iowa Code
§§ 29C.6(1), 135.140(6), and 135.144 do hereby proclaim a STATE OF PUBLIC HEALTH
DISASTER EMERGENCY continues to exist throughout the entire state of Iowa and do
hereby ORDER and DIRECT the following:
NONESSENTIAL OR ELECTIVE SURGERIES AND PROCEDURES
SECTION ONE. Pursuant to Iowa Code § 135.144(3), and in conjunction with the Iowa
Department of Public Health, unless otherwise modified by subsequent proclamation or
order of the Iowa Department of Public Health, I hereby order that effective at 5:00 a.m. on
April 27, 2020, and continuing until this disaster proclamation expires:
A. A hospital, outpatient surgery provider, or outpatient procedure provider may conduct
in-patient surgeries and procedures that, if further delayed, will pose a significant risk to
quality of life and any outpatient surgeries or procedures if the hospital or provider
complies with the following requirements:
(1) A hospital or provider must have:
(a) Adequate inventories of personal protective equipment (PPE) and access to a reliable
supply chain without relying on state or local government PPE stockpiles to support
continued operations and respond to an unexpected surge in a timely manner; and
(b) A plan to conserve PPE consistent with guidance from the CDC and Iowa Department of
Public Health;
(2) A hospital or provider must have a plan for timely COVID-19 testing of symptomatic
patients and staff to rapidly mitigate potential clusters of infection and as otherwise
clinically indicated. Providers must comply with any relevant guidance related to testing
requirements for patients and staff issued by the Iowa Department of Public Health, the
CDC, or a provider’s professional specialty society. For scheduled surgeries patients should
have a negative COVID-19 test performed within 48 hours of surgery date. If a COVID-19
test is not available, a hospital or provider should consider alternative methods to
determine the patient’s probability of COVID-19. If the patient has symptoms of fever,
cough, or low oxygen saturation, then postponing the surgery is recommended.
(3) A hospital must continue to accept and treat COVID-19 patients and must not transfer
COVID-19 patients to create capacity for elective procedures.
(4) A hospital must reserve at least 30% of intensive care unit (ICU) beds and 30% of
medical/surgical beds for COVID-19 patients.
(5) A hospital or provider that begins conducting surgeries or procedures as authorized by
this paragraph but is no longer able to satisfy all these requirements must cease conducting
such surgeries or procedures except as authorized by paragraph B. All hospitals and
providers shall have a plan in place to monitor compliance and a transition plan to reduce
or suspend procedures and surgeries as necessary.
B. Except as provided in paragraph A, all nonessential or elective surgeries and procedures
that utilize PPE must not be conducted by any hospital, outpatient surgery provider, or
outpatient procedure provider, whether public, private, or nonprofit.
C. A nonessential surgery or procedure is one that can be delayed without undue risk to the
current or future health of a patient, considering all appropriate factors including, but not
limited to any: (1) threat to the patient’s life if the surgery or procedure is not performed;
(2) threat of permanent dysfunction of an extremity or organ system; (3) risk of metastasis
or progression of staging; and (4) risk of rapidly worsening to severe symptoms.
D. Each hospital, outpatient surgery provider, and outpatient procedure provider shall limit
all nonessential individuals in surgery and procedure suites and patient care areas where
PPE is required. Only individuals essential to conducting the surgery or procedure shall be
present in such areas.
E. Each hospital, outpatient surgery provider, and outpatient procedure provider shall
establish an internal governance structure to ensure that the principles outlined above are
followed.
FARMERS MARKETS
SECTION TWO. Pursuant to Iowa Code § 29C.6(6) and Iowa Code § 135.144(3), and in
conjunction with the Iowa Department of Public Health, I hereby order that farmers
markets, as defined in Iowa Code § 137F shall not be prohibited as a mass gathering under
the Proclamations of Disaster Emergency issued on April 6, 2020, or April 16, 2020, but
only to the extent that the farmers market complies with the following requirements:
A. Farm Products and Food: The farmers market may only permit vendors who sell farm
products or food. Vendors selling other goods or services are not permitted.
B. Entertainment and Activities Prohibited: Musical performances, children’s activities,
contests, or other entertainment or activities organized by the farmers market or vendors
are prohibited.
C. Common Seating Prohibited: Farmers markets must eliminate all common seating
areas, picnic tables, or dining areas and shall prohibit vendors from having any seating for
the public to congregate or eat food on the premises.
D. Vendor Spacing: Farmers markets shall space all vendor booths or assigned parking
areas so that there is six feet or more of empty space from the edge one vendor’s assigned
areas to the neighboring vendor.
E. Social distancing, hygiene, and public health measures: Farmers markets shall also
implement reasonable measures under the circumstances of each market to ensure social
distancing of vendors and customers, increased hygiene practices, and other public health
measures to reduce the risk of transmission of COVID-19 at farmers markets consistent
with guidance issued by the Iowa Department of Public Health, Iowa Department of
Agriculture and Land Stewardship, Iowa Department of Inspections and Appeals, and Iowa
State University Extension and Outreach.
Any other farmers market, festival, or community gathering of ten or more people that
does not comply with these requirements is prohibited. Customers of farmers markets are
strongly encouraged to engage in social distancing, wear a mask or other protective facecovering if unable to maintain a distance of six feet from others, practice good hygiene
practices, and attend the market alone without other family members.
FARM PRODUCT AUCTIONS
SECTION THREE. Pursuant to Iowa Code § 135.144 (3), and in conjunction with the Iowa
Department of Public Health, unless otherwise modified by subsequent proclamation or
order of the Iowa Department of Public Health, all auctions with more than 10 people
present in person continue to be prohibited until 11:59 p.m. on April 30, 2020, at all
locations and venues, except for livestock auctions that only include food animals and farm
product auctions, which may continue to operate so long as there are no more than 25
people present in person. People who remain inside parked cars, trucks, or other enclosed
motor vehicles shall not be counted in considering the number of people present, provided
all people remain inside the vehicle at all times, and the vehicle remains enclosed with all
windows, sunroofs, and convertible tops closed.
EMS PROVIDER TRAINING REGULATORY RELIEF
SECTION FOUR. Pursuant to Iowa Code § 29C.6(6), and Iowa Code § 135.144(3), and in
conjunction with the Iowa Department of Public Health, I temporarily suspend the
regulatory provisions of Iowa Admin. Code rule 641-131.5(1) to the extent those
provisions require in-person clinical experience, so long as alternative evaluation methods
are used including but not limited to scenarios, case studies, or simulations. I hereby direct
the Department to provide guidance to training programs regarding the effect of these
suspensions.
SECTION FIVE. Pursuant to Iowa Code § 29C.6(6), and Iowa Code § 135.144(3), and in
conjunction with the Iowa Department of Public Health, I temporarily suspend the
regulatory provisions of Iowa Admin. Code rule 641-131.4(1)(f) to the extent those
provisions require successful completion of the NREMT practical examination to be eligible
for state certification, if the department determines that the candidate has completed the
cognitive examination and should be granted an emergency certification to practice in
accordance with any guidance issued by the department. I hereby direct the department to
provide additional guidance to candidates for certification regarding the effect of these
suspensions.
SECTION SIX. Pursuant to Iowa Code § 29C.6(6), I temporarily suspend the regulatory
provisions of Iowa Admin. Code rule 641-131.5(10)(d), requiring training programs meet
certain standards and guidelines in applying to the department, to the extent a training
program cannot comply with applicable requirements due to this disaster emergency.
OUT-OF-STATE TELEHEALTH PROVIDER LICENSURE
SECTION SEVEN. Pursuant to Iowa Code § 29C.6(6), I temporarily suspend the regulatory
provisions of Iowa Code §§ 147.2, 148B.8, and 154B.4, and Iowa Admin. Code r. 645-
201.3(4) and 645-208.3(4), to the extent that they require out-of-state physical therapists,
physical therapist assistants, occupational therapists, occupational therapy assistants,
speech pathologists, audiologists, optometrists, podiatrists, psychologists, dietitians,
hearing aid specialists, physician assistants, behavior analysts, assistant behavior analysts,
orthotists, pedorthists, and prosthetists who hold an active license in another state to be
licensed in Iowa to provide services by telephone or other electronic means to individuals
in the State of Iowa.
ELECTION ACTIVITIES
SECTION EIGHT. Pursuant to Iowa Code § 135.144(3), and in conjunction with the Iowa
Department of Public Health, unless otherwise modified by subsequent proclamation or
order of the Iowa Department of Public Health, I hereby order that:
A. Voting and Election Training: The prohibitions on certain mass gatherings in the
Proclamations of Disaster Emergency issued on April 6 and April 16, 2020, shall not be
construed to limit any person from voting or attending training for precinct election
officials.
B. Use of Facilities: The closures of any school, establishment or other facilities in the
Proclamations of Disaster Emergency issued on April 2, April 6, 2020, and April 16, 2020,
shall not be construed to prohibit the operation of a polling place or in-person absentee
voting location at the school, establishment, or other facility.
VETERANS ASSISTANCE
SECTION NINE. Pursuant to Iowa Code § 29C.6(6) and Iowa Code § 135.144(3), in
conjunction with the Iowa Department of Public Health and at the request on behalf of a
county commission on veteran affairs, I temporarily suspend the regulatory provisions of
Iowa Code §§ 35A.16(3) and 35B.6, and any provisions of the Iowa Administrative Code
implementing those provisions, to the extent a county is prohibited from expending an
allocation from the county commissions of veteran affairs fund for the current fiscal year to
provide services to veterans in coping with this disaster, including but not limited to the
provision of food or other basic necessities.
SCHOOL READY FUNDING LIMITATION
SECTION TEN. Pursuant to Iowa Code § 29C.6(6) and at the request of the Early Childhood
Iowa State Board on behalf of Early Childhood Iowa Area Boards, I temporarily suspend the
regulatory provisions of Iowa Code § 256I.9(4)(e), to the extent it limits the amount of
school ready children grant funding an area board may carry forward from fiscal year 2020
to fiscal year 2021 to twenty percent, but only if the amount does not exceed thirty-five
percent consistent with any policy adopted by the Early Childhood Iowa State Board.
SUSPENSION OF PAPER BIDDING PROCEDURES
SECTION ELEVEN. Pursuant to Iowa Code § 29C.6(6) and Iowa Code § 135.144(3), in
conjunction with the Iowa Department of Public Health, and at the request of the City of
Des Moines and the Iowa League of Cities on behalf of numerous local governmental
bodies, I temporarily suspend the regulatory provisions of Iowa Code chapter 26 to the
extent they require the distribution, receipt, opening, or recording of paper documents by a
governmental entity under the Iowa Construction Bidding Procedures Act, so long as the
governmental entity otherwise complies with those provisions of chapter 26 by electronic
means, including but not limited to the use of an electronic public bidding service.
ELECTRONIC SEARCH WARRANT RETURNS OF SERVICE
SECTION TWELVE. Pursuant to Iowa Code § 29C.6(6) and Iowa Code § 135.144(3), in
conjunction with the Iowa Department of Public Health and at the request of the Iowa
Judicial Branch, I temporarily suspend the regulatory provisions of Iowa Code § 808.8(2)
requiring a peace officer’s statement on a return of service to be made under oath, to the
extent that a peace officer may use electronic means to file the return of service and submit
an inventory of seized property, subject to any processes and procedures established by
the judicial branch.
DENTAL LICENSURE RELIEF
SECTION THIRTEEN. Pursuant to Iowa Code § 29C.6(6), I temporarily suspend the
regulatory provisions of Iowa Admin. Code rules 650-1-1.2, 650-11.5, 650-12.1, and 650-
12.4 to the extent an applicant is required to complete specific examinations as a
prerequisite for initial licensure as a dentist or dental hygienist, if the dental board
determines that the applicant has completed sufficient education and should be granted a
temporary license to practice in accordance with any guidance issued by the board.
Suspension of these provisions shall extend through the duration of this Proclamation and
any future extension of this suspension. I hereby direct the dental board to provide
additional guidance to applicants regarding the effect of this suspension, including
guidance on obtaining a temporary license.
SUSPENSION OF DENTAL SCREENING AUDITS
SECTION FOURTEEN. Pursuant to Iowa Code § 29C.6(6) and Iowa Code § 135.144(3), and
in conjunction with the Iowa Department of Public Health, I temporarily suspend the
regulatory provisions of Iowa Code § 135.17(3) and Iowa Administrative Code rule 641-
51.12 which require each local board of health to furnish the Iowa Department of Public
Health with evidence by May 31 annually that each student enrolled in school within the
local board’s jurisdiction has satisfied dental screening requirements. I hereby direct the
Iowa Department of Public Health to provide additional guidance to local boards of health
regarding the effect of this suspension.
INTERIM INDIGENT DEFENSE FEE CLAIMS
SECTION FIFTEEN. Pursuant to Iowa Code § 29C.6(6), I temporarily suspend the
regulatory provisions of Iowa Admin. Code rule 493-12.3(1), to the extent those provisions
prohibit an attorney from submitting an interim claim in a juvenile case at the continuance
of a dispositional hearing or a post-dispositional review hearing. Suspension of these
provisions shall not affect any other requirement related to the submission of claims to the
state public defender for review, approval, and payment.
SECTION SIXTEEN. Pursuant to Iowa Code § 29C.6(6), I temporarily suspend the
regulatory provisions of Iowa Admin. Code rule 493-12.3(4), to the extent those provisions
prohibit an attorney from submitting an interim claim in other cases, including all adult
criminal cases except Class A felony cases, at the continuance of trial. Suspension of these
provisions shall not affect any other requirement related to the submission of claims to the
state public defender for review, approval, and payment.
SUSPENSION OF TAX SALES AND
EXTENSION OF RIGHT OF REDEMPTION AFTER TAX SALES
SECTION SEVENTEEN. Pursuant to Iowa Code § 29C.6(6), I temporarily suspend the
regulatory provisions of Iowa Code §§ 446.2, 446.7(1), 446.9, 446.10(2), 446.15, 446.16,
446.17, 446.18, 446.19, 446.19A, 446.19B, 446.24, 446.25, and 446.28, requiring a county
treasurer to hold a tax sale for any parcel on which taxes are delinquent, including all
notice and publication requirements prior to such a sale.
SECTION EIGHTEEN. Pursuant to Iowa Code § 29C.6(6), I temporarily suspend the
regulatory provisions of Iowa Code §§ 446.20(1) and 445.3(5), permitting a county
treasurer to collect the total amount of delinquent taxes due by alternative remedy,
including by personal judgment.
SECTION NINETEEN. Pursuant to Iowa Code § 29C.6(6), I temporarily suspend the
regulatory provisions of Iowa Code §§ 446.20(2), 447.9, and 447.12, to the extent that a
person’s right of redemption expires if the person has been served a notice of expiration of
the right of redemption. Nothing in this section affects the ability of a holder of a certificate
of purchase to serve a notice of expiration of the right of redemption, and nothing in this
section restricts or limits a person’s right to redeem during the pendency of this disaster.
SECTION TWENTY. Pursuant to Iowa Code § 29C.6(6), I temporarily suspend the
regulatory provisions of Iowa Code §§ 447.1(1), 447.3, 447.4, 447.7(d), 447.8(4), to the
extent those provisions require the accrual or imposition of interest for a tax sale
redemption for the duration of this suspension.
SECTION TWENTY-ONE. Pursuant to Iowa Code § 29C.6(6), I temporarily suspend the
regulatory provisions of Iowa Code §§ 448.1(1), requiring a county treasurer to make out a
deed immediately after the expiration of ninety days from the date of completed service of
a notice of expiration of the right of redemption.
EXTENSION OF TAX-DEFERRED SAVINGS DEADLINES
SECTION TWENTY-TWO. Pursuant to Iowa Code § 29C.6(6), I temporarily suspend the
regulatory provisions of Iowa Code § 422.7(32)(a) and Iowa Admin. Code rule 701-
40.53(1)(b) to the extent those provisions require a taxpayer that has made contributions
to the Iowa educational savings plan trust on or after January 1, 2020 but on or before the
date prescribed in Iowa Code § 422.21 for making and filing an individual income tax
return, excluding extensions, to elect to be deemed to have made a contribution on the last
day of the preceding calendar year, so long as that election is made on or before the end of
this suspension or any extension of this suspension for contributions made on or after
January 1, 2020, but before the end of this suspension or any extension of this suspension.
Taxpayers should not expect that this suspension will be extended beyond July 31, 2020.
SECTION TWENTY-THREE. Pursuant to Iowa Code § 29C.6(6), I temporarily suspend the
regulatory provisions of Iowa Code §§ 541B.3(1)(a) and §§ 541B.3(2)(a) and Iowa Admin.
Code rule 701-40.82(2)(b)(4) to the extent those provisions require the designation of an
account and an individual as beneficiary of a first-time homebuyer savings account by April
30, 2020 for accounts opened in 2019, so long as the designation is made on or before the
end of this suspension or any extension of this suspension for accounts opened in 2019.
Taxpayers should not expect that this suspension will be extended beyond July 31, 2020.
COUNTY HOSPITAL BORROWING
SECTION TWENTY-FOUR. Pursuant to Iowa Code § 29C.6(6) and Iowa Code § 135.144(3),
and in conjunction with the Iowa Department of Public Health, I temporarily suspend the
regulatory provisions of Iowa Code §§ 331.478(2) and 331.478(3) to the extent those
provisions prevent a board of trustees of a county hospital from authorizing noncurrent
debt for the purpose of providing working capital or for general financing needs to sustain
the hospital’s operations and in the form of natural disaster loans from the state or federal
government.
SECTION TWENTY-FIVE. Pursuant to Iowa Code § 29C.6(6) and Iowa Code § 135.144(3),
and in conjunction with the Iowa Department of Public Health, I temporarily suspend the
regulatory provisions of Iowa Code §§ 331.478(2) and 331.479 to the extent those
provisions require notice and publication of the proposed action prior to the authorization
of noncurrent debt for the purpose of providing working capital or for general financing
needs to sustain the hospital’s operations, so long as the board complies with the notice
requirements contained Iowa Code § 21.4.
SUSPENSION OF ADDITIONAL DEBT COLLECTION PROVISIONS
SECTION TWENTY-SIX. Pursuant to Iowa Code § 29C.6(6) and Iowa Code § 135.144(3),
and in conjunction with the Iowa Department of Public Health, I temporarily suspend the
regulatory provisions of Iowa Code chapter 643 concerning actions of replevin, to the
extent that the basis of the replevin action is to recover collateral for nonpayment of a debt.
Suspension of these provisions includes the commencement or ongoing prosecution of a
replevin action and all relevant service or notice requirements for a replevin action to
recover collateral for nonpayment of a debt, and does not include an action to recover
personal property under chapter 643 for any other purpose. Nothing in this section shall be
construed as relieving any individual of their obligation to make promissory note or
contractual payments, or to comply with any other obligation that an individual may have
under a promissory note or contract.
SECTION TWENTY-SEVEN. Pursuant to Iowa Code § 29C.6(6) and Iowa Code §
135.144(3), and in conjunction with the Iowa Department of Public Health, I temporarily
suspend the regulatory provisions authorizing the commencement of proceedings or the
prosecution of ongoing proceedings subject to mandatory mediation under Iowa Code
§654A.6 (proceedings to enforce a debt against agricultural property which is real estate
under chapter 654, to forfeit a contract to purchase agricultural property under chapter
656, to enforce a secured interest in agricultural property under chapter 554, or to
otherwise garnish, levy on, execute on, seize, or attach agricultural property). Nothing in
this section shall be construed as relieving any individual of their obligation to make
promissory note or contractual payments, or to comply with any other obligation that an
individual may have under a promissory note or contract.
SECTION TWENTY-EIGHT. Pursuant to Iowa Code § 29C.6(6) and § 135.144(3), and in
conjunction with the Iowa Department of Public Health, I hereby temporarily suspend the
provisions of Iowa Code Chapter 642 authorizing garnishment and the provisions of Iowa
Code Chapter 626 allowing execution of garnishment, except for those provisions relating
to enforcement of domestic support orders.
IMPLEMENTATION AND INTERPRETATION
SECTION TWENTY-NINE. The Iowa Department of Public Safety, Iowa Department of
Public Health, Iowa Department of Education, Iowa Department of Homeland Security and
Emergency Management, Iowa Department of Transportation, and other participating state
agencies are hereby directed to monitor the operation and implementation of this
proclamation to assure the public’s health and safety.
SECTION THIRTY. Nothing contained in this declaration shall be construed as an
exemption from any other portion of the Iowa Code or Iowa Administrative Code not
specifically identified in this proclamation.
SECTION THIRTY-ONE. The provisions of this proclamation shall be effective
immediately, unless otherwise noted. This proclamation shall not be construed to
otherwise modify the proclamations issued on April 2, 2020, April 6, 2020, April 10, 2020,
or April 16, 2020. This state of public health disaster emergency shall continue to expire on
April 30, 2020, at 11:59 p.m., unless sooner terminated or extended in writing by me.