ARC 6306C

ARC 6306C

TRANSPORTATION DEPARTMENT[761]

Adopted and Filed

Rule making related to emergency contact information

The Transportation Department hereby amends Chapter 601, "Application for License," and Chapter 630, "Nonoperator's Identification," Iowa Administrative Code.

Legal Authority for Rule Making

This rule making is adopted under the authority provided in Iowa Code sections 307.12 and 321.197.

State or Federal Law Implemented

This rule making implements, in whole or in part, Iowa Code section 321.197.

Purpose and Summary

This rule making updates Chapters 601 and 630 to conform the rules with 2021 Iowa Acts, House File 435, which amended Iowa Code section 321.197. House File 435 required the Department to request emergency contact information from every customer during a driver's license or nonoperator's identification card transaction. The legislation also gave customers the option of providing the Department with emergency contact information outside of during a driver's license or nonoperator's identification card transaction.

These amendments outline the process for customers to submit emergency contact information to the Department to be used by law enforcement in the event of an accident or other emergency. Submission of emergency contact information is voluntary and is not a mandatory condition of processing a driver's license or nonoperator's identification card transaction. These amendments allow the customer to submit information for up to two emergency contacts and require one of the emergency contacts to be the customer's parent, guardian, or custodian if the customer is an unemancipated minor. Additionally, the amendments lay out the steps that a customer can take to change the customer's emergency contact information or to request to opt out of being listed as an emergency contact for another person.

Public Comment and Changes to Rule Making

Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on February 23, 2022, as ARC 6200C. 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 April 14, 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 June 8, 2022.

The following rule-making actions are adopted:

Item 1. Adopt the following new rule 761—601.3(321):

761—601.3(321) Emergency contact information. Pursuant to Iowa Code section 321.197, a person may voluntarily provide the department with emergency contact information.

601.3(1) Form and submission.

a. Emergency contact information provided to the department shall meet the requirements and be used in the circumstances set forth in Iowa Code section 321.197(2)"b."

b. Emergency contact information may be provided to the department through any of the following methods:

(1)By submitting Form 430305 via mail to the Motor Vehicle Division, Iowa Department of Transportation, P.O. Box 9204, Des Moines, Iowa 50306-9204; by email at emergencyinfo.contact@iowadot.us; or on the department's website at www.iowadot.gov.

(2)In person at a driver's license service center.

(3)In person at a county treasurer's office that issues driver's licenses under Iowa Code chapter 321M.

c. Pursuant to Iowa Code section 321.197(2)"c," an unemancipated person under 18 years of age choosing to provide emergency contact information shall include a parent, guardian or custodian as an emergency contact.

d. The department shall not require submission of emergency contact information as a condition of issuing, renewing or replacing a driver's license.

e. In accordance with Iowa Code section 321.197(2)"b," the department will not verify the emergency contact information provided.

601.3(2) Disclosure and use. Information provided to the department under subrule 601.3(1) shall be provided to and used by law enforcement in accordance with the provisions of Iowa Code section 321.197.

601.3(3) Modifications.

a. A person may request changes to the person's emergency contact information by entering those changes on the department's website or by submitting Form 430305 to the department using any of the methods provided in paragraph 601.3(1)"b."

b. A person may request to be removed from being listed as an emergency contact by submitting Form 430306 to the department via mail at Motor Vehicle Division, Iowa Department of Transportation, P.O. Box 9204, Des Moines, Iowa 50306-9204, or by email at emergencyinfo.contact@iowadot.us. Any person removed from being listed as an emergency contact shall not be re-added as a potential emergency contact unless such person follows the opt-in process in paragraph 601.3(3)"c."

c. A person who requested to be removed from being listed as an emergency contact under paragraph 601.3(3)"b" may request to again be listed as a person's emergency contact by submitting Form 430306 to the department via mail at Motor Vehicle Division, Iowa Department of Transportation, P.O. Box 9204, Des Moines, Iowa 50306-9204, or by email at emergencyinfo.contact@iowadot.us.

This rule is intended to implement Iowa Code section 321.197.

Item 2. Amend subrule 630.2(2) as follows:

630.2(2) The applicant shall present proof of identity, date of birth, social security number, Iowa residency, current residential address and lawful status as required by rule 761—601.5(321). Submission If applicable, submission of a parent's, guardian's or custodian's consent is also required in accordance with rule 761—601.6(321). The applicant or a current cardholder may provide the department with emergency contact information in accordance with rule 761—601.3(321).

[Filed 4/14/22, effective 6/8/22]

[Published 5/4/22]

Editor's Note: For replacement pages for IAC, see IAC Supplement 5/4/22.