Governor Reynolds signs proclamation allowing elective surgeries and procedures to resume

(Johnston) Iowa Governor Kim Reynolds is taking steps to start reviving the state. Valid Monday, Iowa’s health care systems and health care providers may resume elective surgeries and procedures through a phased-in approach.

Hospitals, outpatient surgery centers, or clinics that can safely do so may begin rescheduling patients and resume surgeries and procedures according to their schedules. In addition to the proclamation, the Governor is signing today, permits farmers markets to begin limited operations with appropriate public health precaution, and provides additional relief to Iowans affected by this disaster.

Reynolds says this is the first step of many to reopen Iowa and get life and business back to normal as soon as possible. She admits it will be somewhat of a new normal. On Monday, the Governor will be making additional announcements regarding the first phase of reopening Iowa.

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:

1. 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.

1. 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.
2. 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.
3. 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.
4. 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:

1.   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.
2. Entertainment and Activities Prohibited: Musical performances, children’s activities, contests, or other entertainment or activities organized by the farmers market or vendors are prohibited.
3.   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.
4.   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.
5. 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 face-covering 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:

1.   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.
2. 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.