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Ex. DUT-IA-008 Standing duty Primary source read

Iowa Code ch. 137 (2021), including § 137.104 (Local boards of health - powers and duties) and § 137.117 (Penalties - criminal and civil)

Iowa Code 2021, Chapter 137 - Local Boards of Health

Iowa General Assembly · Iowa (State)

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The COVID Project

The record

Jurisdiction
Iowa
Level
State
Authority
Iowa Code §§ 137.104(1)(a)-(b), 137.117 (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
Gathering capFace-covering requirementStanding dutyOther
Addressees
  • persons generally; owners or persons in control of premises; businesses open to the public within the board's jurisdiction
Character
sanitary code duty
Collection
Standing duties: Iowa DUT-IA

Operative words

1. A local board of health shall: a. Enforce state health laws and the rules and lawful orders of the state department. b. Make and enforce such reasonable rules and regulations not inconsistent with law and the rules of the state board as may be necessary for the protection and improvement of the public health.

Penalty

§ 137.117(1): simple misdemeanor; each additional day of noncompliance after notice a separate offense. § 137.117(2): civil penalty not to exceed $750 per violation, $1,000 for a repeat offense.

What it required

Required every county, city and district board of health to enforce State health laws and the Department's lawful orders and empowered it to make and enforce its own public-health rules (after hearing and publication), violation of which is a simple misdemeanor with each additional day a separate offense (§ 137.117(1)) and a civil penalty to $750 ($1,000 for a repeat) (§ 137.117(2)); this was the vehicle for the Johnson County (IA-059) and Linn County (IA-065) face-covering regulations of 2020.

Retrieval note

The Attorney General (DUT-IA-009 § 4.3) read § 137.104(1)(a)-(b) with 641 IAC 77.3(2)(b)(2) and § 135.33 as requiring local boards to 'act in a manner which is consistent with the orders and directions of the Department and the Proclamations issued by the Governor.' House File 847 §§ 29-30 (May 20, 2021; IA-046) later barred local face-covering rules binding 'the owner of real property.'.

A record of The COVID Project. The instrument's text is the source's; the summary fields are The COVID Project's reading of it. Not legal advice.