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Ex. DUT-IA-005 Standing duty Primary source read

Iowa Code ch. 29C (2021), including § 29C.6 (Proclamation of disaster emergency by governor) and § 29C.18 (Enforcement duties)

Iowa Code 2021, Chapter 29C - Emergency Management and Security

Iowa General Assembly · Iowa (State)

The COVID Project

The record

Jurisdiction
Iowa
Level
State
Authority
Iowa Code §§ 29C.6(1), (6), (15), 29C.18 (2021)
Issued
2021-01-01 Jan. 1, 2021
Effective
standing throughout 2020-2021 (read as 2021-01-01)
End
standing (read as 2021-09-30)
In force
Standing since Jan. 1, 2021 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Emergency declarationBusiness closureTravel and quarantineStanding dutyOther
Addressees
  • persons generally; owners or persons in control of premises in the disaster area (the entire State from Mar. 9, 2020)
Character
order penalty
Collection
Standing duties: Iowa DUT-IA

Operative words

15. Control ingress and egress to and from a disaster area, the movement of persons within the area, and the occupancy of premises in such area. [§ 29C.6]... A peace officer... may arrest without a warrant any person violating or attempting to violate in such officer's presence any order or rule, made pursuant to this chapter. [§ 29C.18(2)]

Penalty

warrantless arrest under § 29C.18(2); the offense is the simple misdemeanor of § 135.38 for orders issued in conjunction with the Department of Public Health (DUT-IA-013, DUT-IA-009). Chapter 29C states no fine of its own (text searched: no 'misdemeanor' or 'penalty' provision in ch. 29C).

What it required

Authorized the Governor to proclaim a disaster emergency (§ 29C.6(1)), to suspend regulatory statutes and rules (§ 29C.6(6)), and to control 'the occupancy of premises' in the disaster area (§ 29C.6(15)); made the Governor's orders enforceable by emergency-management organizations ('shall execute and enforce the orders or rules made by the governor,' § 29C.18(1)) and by warrantless arrest of any person violating an order 'which affect[s] the public generally' (§ 29C.18(2)).

Retrieval note

Every proclamation from April 2, 2020 (IA-007 § 9) to February 5, 2021 (IA-035, final section) provided: 'In conjunction with the Department of Public Health pursuant to Iowa Code §§ 29C.18 and 135.35, all peace officers of the state are hereby called upon to assist in the enforcement of the provisions of this Proclamation' (OCR of the library's scanned exhibits).