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Davis Brown Government Relations Report

Governor Reynolds Issues Second Proclamation Responding to COVID-19 - March 23, 2020

Continued Executive Response

Governor Reynolds issued a second State of Public Health Disaster Emergency Declaration Friday, March 20, effective immediately. The declaration provides additional regulatory relief to Iowans impacted by the COVID-19 public health disaster.

Below is a summary of the Governor’s proclamation. Her actions are authorized by Iowa Code Chapter 29C, Emergency Management and Security.

  Admin/Code Sections Impacted  Summary
Property Tax Payments
Section 1 Section 445.39
701 IA Admin Code § 75.3 
Suspends the regulatory provision that requires penalties and interest for delayed property tax payments  
Suspension of Evictions
Section 2  Sections 562A.27, 562B.25, 648.1(2)-(6) Suspends the regulatory provisions that allow for the termination of rental agreements by a landlord and eviction of a tenant in certain circumstances (does not apply to all FED actions) 
Sales of Alcohol & Financial Relief
Section 3
 Section 123.30(3)(c) Class “C” licensee (commercial establishments) can sell unopened bottles of wine or alcoholic liquor for consumption off premises; they may continue to sell beer for consumption off premises—if promptly taken from premises (e.g. carry-out or drive through); effective immediately through 3/31
Section 4 Section 123.130(4)
185 IA Admin Code § 4.6(3)(c) & (e) 
Suspends regulatory provisions that require beer sold at retail at the manufacturing premises for consumption off premises must be in-person and transferred to another container at time of sale
Section 5  Section 123.137 Suspends requirement that Class “A” beer permit holders report barrels of beer sold/pay Alcohol Beverages Division tax; associated penalties will not be assessed 
Section 6  Section 123.184  Suspends requirement that Class “A” wine permit holders/direct shippers report gallons of wine sold/pay Alcohol Beverages Division tax; associated penalties will not be assessed 
Section 7  Section 123.34(5)  Temporarily suspends regulatory provisions that prohibit refund of fees paid for liquor control licenses, wine permits, and beer permits (six/eight-month seasonal licenses, 5-day/14-day license or permit) 
Section 8  Section 99B.12(1)(e)
481 IA Admin Code § 100.3(3) 
Suspends regulatory provisions that prescribe that raffle license fees are not refundable  
Electronic Meetings & Hearings 
Section 9  Sections 21.8, 26.12, 414.1  Suspends regulatory provisions preventing local government bodies from holding electronic meetings/meetings (provided there is proper notice, including a telephone number and website)
Deadline to Fill City Council Vacancies 
Section 10  Section 372.13(2)  Suspends requirement that city councils fill vacancies within 60-days after the vacancy; no special election required 
Relating to School Closures 
Section 11  Section 100.31  Suspends minimum number of required fire drills during a school year 
Weapons Permitting Procedures 
Section 12  Section 724.18  Suspends requirement of personal delivery of application for permit to acquire a weapon; each county sheriff should formulate/implement a procedure for applications that shall include an in-person drop-off (without in-person interaction), acceptance by mail, and if possible electronic means 
Section 13 Section 724.6, 724.7, 724.20  Suspends expiration of professional and nonprofessional permits to carry for duration of proclamation (does not extend to permit to be used to purchase if past original expiration date) 
Critical Trucking Operations
Section 14  Section 321.463(6)(a), (b)
Section 321E.29
761 IA Admin Code § 511 
Continues to temporarily suspend weight limits related to vehicles, as they restrict the movement of oversize/overweight loads of vaccines, antivirals, prescription drugs, protective equipment, other necessary medical assets and medical supplies, food, cleaning products, other household goods, agriculture supplies and commodities, or any other goods and supplies necessary to respond to the public health disaster:
  • Applies to loads transported on all highways within Iowa, excluding the interstate system, and those which do not exceed 90,000lbs gross weight/max axle weight by more than 12.5%
  • Intended for vehicles transporting food, medical supplies, cleaning products, and other household goods (only for duration of proclamation)
Section 15  Section 321.449  Suspends regulatory provisions pertaining to hours of service of motor carriers and drivers of commercial vehicles while transporting vaccines, antivirals, prescription drugs, protective equipment, other necessary medical assets and medical supplies, food, cleaning products, other household goods, agriculture supplies and commodities, or any other goods and supplies necessary to respond to the public health disaster:
  • 49 CFR 383 still applies (re: substance/alcohol use and testing, and financial responsibility requirements)
  • Fatigued or ill drivers should not operate motor vehicles; drivers who need rest shall be given ten consecutive hours off-duty
  • Carriers must give drivers at least 34 consecutive hours off when they have been on duty for more than 70 hours in any right consecutive days
  • Applies only to hours of motor carriers and drivers while actively transporting medical assets related to this public health emergency
Section 16  Section 321.463(3), 321E.2, 321E.8, and 321E.9  Suspends regulatory provisions that limit issuance of permits for oversize or overweight loads which are indivisible to allow annual permits and single-trip permits to be issued for loads related to responding to this public health emergency; trucks do not need to be registered for the gross weight of the vehicle; permit fees are waived (movement must comply with all other requirements of 321E) 
Section 17    Directs DOT to monitor to assure public’s safety and facility movement of trucks 
State Agency Operations
Section 18  Section 8A.413(1)
11 IA Admin Code § 57.4, 57.7
Suspends regulatory provisions that limit the number of hours per fiscal year for temporary employees in state agencies and the requirement to extend period of time a temporary employee may work
Section 19  Section 8A, 8B, 313.10
11 IA Admin Code § 117, 118
129 IA Admin Code § 10
641 IA Admin Code § 17
Continues to suspend regulatory provisions that require agencies involved in the response to procure goods and services through a competitive selection process (this is limited to this public health emergency for the duration of this proclamation and to facilitate telework by state employees and mitigate/respond to increased cyber threats/attacks)
Implementing & Interpretation 
Section 20    DPS, DPH, DOE, Iowa Homeland Security, and DOT are directed to monitor operation and implementation of the proclamation
Section 21    Nothing shall be construed as an exemption from any other provision of the Iowa Code or Admin Code unless specifically identified
Section 22    Effective immediately 3/19 and expires 4/16, unless sooner terminated or extended 

The Davis Brown Government Relations team continues to interface with the Governor’s Office, government agencies, and representatives at the state and federal level. 

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