Iowa Code 321.1A – Presumption of residency
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1. For purposes of this chapter there is a rebuttable presumption that a natural person is a resident of this state if any of the following elements exist:
a. The person has filed for a homestead tax exemption on property in this state.
b. The person is a veteran who has filed for a military tax exemption on property in this state.
c. The person is registered to vote in this state.
d. The person enrolls the person’s child to be educated in a public elementary or secondary school in this state.
e. The person is receiving public assistance from this state.
f. The person resides or has continuously remained in this state for a period exceeding thirty days except for infrequent or brief absences.
g. The person has accepted employment or engages in any trade, profession, or occupation within this state, except as provided in section 321.55.
Terms Used In Iowa Code 321.1A
- Child: includes child by adoption. See Iowa Code 4.1
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Days: means calendar days. See Iowa Code 322G.2
- Department: means the state department of transportation. See Iowa Code 321H.2
- Driver: means a person who operates a motor vehicle for the transportation of railroad workers in the motor vehicle on behalf of a railroad worker transportation company, whether the person is employed by the company for wages or drives for the company as an independent contractor. See Iowa Code 327F.39
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Person: includes any individual, firm, corporation, partnership, joint adventure, or association, and the plural as well as the singular number. See Iowa Code 321H.2
- Program: means an informal dispute settlement procedure established by a manufacturer which mediates and arbitrates motor vehicle warranty disputes arising in this state. See Iowa Code 322G.2
- property: includes personal and real property. See Iowa Code 4.1
- Resident: means as defined in section 483A. See Iowa Code 321I.1
- state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
2. a. For purposes of issuing commercial learner’s permits and commercial driver‘s licenses under this chapter, there is a rebuttable presumption that a natural person is a resident of this state if all of the following conditions exist:
(1) The person is enrolled in a commercial driver’s license training program administered by an Iowa-based motor carrier, or its subsidiary, designated by the department as a third-party tester pursuant to section 321.187.
(2) The person is in the process of applying for a commercial learner’s permit for the purpose of completing the training program.
(3) The person is residing in this state for the duration of the training program.
b. This subsection shall not apply if such application results in noncompliance with 49 C.F.R. pt. 384.
3. “Resident” does not include either of the following:
a. A person who is attending a college or university in this state, if the person has a domicile in another state and has a valid driver’s license issued by the state of domicile.
b. Members of the armed forces who are stationed in Iowa, provided that their vehicles are properly registered in their state of residency.
4. A corporation, association, partnership, company, firm, or other aggregation of individuals whose principal place of business is located within this state is a resident of this state.