{"id":"IA-046","kind":"order","level":"state","jurisdiction":"Iowa","state":"IA","metro":"","industry":"","agency":"","eco":"","issuer":"Iowa General Assembly (89th G.A.); approved by Governor Reynolds May 20, 2021","authority":"2021 Iowa Acts ch. 139 (House File 847), Division VII, §§ 28-31; Iowa Code §§ 280.31, 331.301(19), 364.3(14)","instrument":"House File 847, Division VII (facial covering policies: counties, cities and schools)","title":"An Act relating to education... including facial covering policies of counties, cities and schools","dateIssued":"2021-05-20","effective":"Upon enactment (May 20, 2021) (§ 31: \u0027This division of this Act, being deemed of immediate importance, takes effect upon enactment\u0027)","end":"§ 28 (Iowa Code § 280.31) enjoined as to public schools by the S.D. Iowa TRO of September 13, 2021 (IA-057) and preliminary injunction of October 8, 2021; injunction vacated by the Eighth Circuit January 25, 2022; §§ 29-30 remain in force","startDate":"2021-05-20","endDate":"2021-09-13","quarters":["2021Q2","2021Q3"],"types":["MASK","SCH","OTHER"],"addressees":["school boards, superintendents and nonpublic school authorities","counties","cities"],"clause":"Sec. 28. NEW SECTION. 280.31 Facial coverings. The board of directors of a school district, the superintendent or chief administering officer of a school or school district, and the authorities in charge of each accredited nonpublic school shall not adopt, enforce, or implement a policy that requires its employees, students, or members of the public to wear a facial covering for any purpose while on the school district\u0027s or accredited nonpublic school\u0027s property unless the facial covering is necessary for a specific extracurricular or instructional purpose, or is required by section 280.10 or 280.11 or any other provision of law. Sec. 29. Section 331.301, Code 2021, is amended by adding the following new subsection: NEW SUBSECTION. 19. A county shall not adopt an ordinance, motion, resolution, or amendment, or use any other means, that requires the owner of real property to implement a policy relating to the use of facial coverings that is more stringent than a policy imposed by the state. Sec. 30. Section 364.3, Code 2021, is amended by adding the following new subsection: NEW SUBSECTION. 14. A city shall not adopt an ordinance, motion, resolution, or amendment, or use any other means, that requires the owner of real property to implement a policy relating to the use of facial coverings that is more stringent than a policy imposed by the state. Sec. 31. EFFECTIVE DATE. This division of this Act, being deemed of immediate importance, takes effect upon enactment.","enforcement":"Statutory prohibition; the State Board of Education and Department of Education enforce § 280.31 against districts (the TRO record recites that violators would \u0027be referred to the State Board of Education\u0027)","functions":["IN schools barred from mask policies (workforce and student attendance consequences)","PM/ML property owners: cities and counties barred from mask rules on real property owners","WF workforce (parents of unvaccinated children)"],"notes":"The State\u0027s preemption instrument for local mask orders; its wording (\u0027requires the owner of real property\u0027) left room for Iowa City\u0027s August 19, 2021 order directed at persons (IA-067).","sourceUrl":"https://www.legis.iowa.gov/docs/publications/LGE/89/HF847.pdf","snapshot":"","fileExists":true,"fileBytes":71972,"grade":"primary","character":"","description":"","collection":"IA","url":"/library/IA-046","exhibitUrl":"/exhibit/IA-046","citation":"Iowa General Assembly (89th G.A.); approved by Governor Reynolds May 20, 2021, House File 847, Division VII (facial covering policies: counties, cities and schools) (May 20, 2021) (Ex. IA-046)","stateName":"Iowa","related":["IA-057","IA-067","DUT-IA-008","SEC-05-GM-009","IA-047"]}