House File 847, Division VII (facial covering policies: counties, cities and schools)

The record

Jurisdiction

Iowa

Level

State

Authority

2021 Iowa Acts ch. 139 (House File 847), Division VII, §§ 28-31; Iowa Code §§ 280.31, 331.301(19), 364.3(14)

Issued

2021-05-20 May 20, 2021

Effective

Upon enactment (May 20, 2021) (§ 31: 'This division of this Act, being deemed of immediate importance, takes effect upon enactment') (read as 2021-05-20)

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 (read as 2021-09-13)

In force

May 20, 2021 to Sept. 13, 2021

Quarters

2021 Q22021 Q3

2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3

Limitation types

Face-covering requirementSchools and child careOther

Addressees

• school boards, superintendents and nonpublic school authorities
• counties
• cities

Functions reached

• 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)

Collection

Iowa IA

Operative words

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's or accredited nonpublic school's 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

Notes