FrankGoortani/open-us-law huggingface dataset:
Iowa Code § 524.1502 — IA Code / Title XIII / Chapter 524 / Section 524.1502
Procedure to amend.
Status: in_force

(1) An amendment of the articles of incorporation shall be proposed by adoption of a resolution by the board of directors, directing that it be submitted to a vote at a meeting of shareholders called in the manner required by section 524.533.

(2) The resolution proposing an amendment or amendments shall contain the language of each amendment by setting forth in full the articles of incorporation as they would be amended or any provision thereof as it would be amended or by setting forth in full any matter to be added to or deleted from the articles of incorporation. A copy of the resolution or a summary thereof shall be included with the notice of the meeting required for the vote of the shareholders.

(3) Adoption of each amendment shall require the affirmative vote of the holders of a majority of the shares entitled to vote thereon and, if any class or series is entitled to vote on the amendment as a separate group, the affirmative vote of the holders of a majority of the shares of each class or series entitled to vote on the amendment by that separate group.

[C35, §9283-f11, -f12, -f13; C39, §9283.39, 9283.40, 9283.41; C46, 50, 54, 58, 62, 66, §528.124, 528.125, 528.126; C71, 73, 75, 77, 79, 81, §524.1502]2022 Acts, ch 1062, §135
Iowa Code § 8A.517 — IA Code / Title I / Chapter 8A / Section 8A.517
Prohibited payee.
Status: in_force

In no case shall warrants be drawn in the name of the certifying office, department, board, or institution, or in the name of an employee, except for personal service rendered or expense incurred by the employee, unless express statutory authority exists therefor.

2003 Acts, ch 145, §99
Iowa Code § 46.6 — IA Code / Title II / Chapter 46 / Section 46.6
Chairperson.
Status: in_force

(1) The commissioners of the state judicial nominating commission shall elect a chairperson from their own number. The chairperson shall serve a two-year term that expires on April 30 of even-numbered years. A commissioner may be reelected for a second or third term as chairperson. If a chairperson of a judicial nominating commission desires to be relieved of the duties of chairperson while retaining the status of commissioner, the chairperson shall notify the governor and the other commissioners of the commission. At the next meeting of the commission, the commissioners shall elect a new chairperson for the remainder of the two-year term.

(2) The judge of longest service in the district shall serve as the chair of a particular district judicial nominating commission. If the judges of longest service in the district are of equal service, the eldest of such judges shall be chairperson of the particular judicial nominating commission.

[C66, 71, 73, 75, 77, 79, 81, §46.6]2016 Acts, ch 1011, §10; 2019 Acts, ch 89, §50, 60
Iowa Code § 633E.2 — IA Code / Title XV / Chapter 633E / Section 633E.2
Definitions.
Status: in_force

For purposes of this chapter, the following definitions shall apply:

(1) “Disclaimant” means the person to whom a disclaimed interest or power would have passed had the disclaimer not been made.

(2) “Disclaimed interest” means the interest the disclaimant refuses to accept that would have passed to the disclaimant had the disclaimer not been made.

(3) “Disclaimer” means the refusal to accept an interest in or power over property.

(4) “Fiduciary” means a personal representative, trustee, agent acting under a power of attorney, or other person authorized to act as a fiduciary with respect to the property of another person.

(5) “Jointly held property” means property held in the name of two or more persons under an arrangement in which all holders have concurrent interests and under which the last surviving holder is entitled to the whole of the property.

(6) “Person” means an individual; corporation; business trust; estate; trust; partnership; limited liability company; association; joint venture; government; governmental subdivision, agency, or instrumentality; public corporation; or any other legal or commercial entity.

(7) “State” means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. The term includes any Indian tribe or band, or Alaskan village, recognized by federal law or formally acknowledged by a state.

(8) “Trust” means any of the following:

(8) (a) An express trust, charitable or noncharitable, with additions thereto, whenever and however created.

(8) (b) A trust created pursuant to a statute, judgment, or decree which requires the trust to be administered in the manner of an express trust.

2004 Acts, ch 1015, §9C2005, §633.9022005 Acts, ch 38, §52, 53CS2005, §633E.2
Iowa Code § 123.186 — IA Code / Title IV / Chapter 123 / Section 123.186
Federal regulations adopted as rules penalties.
Status: in_force

(1) The department shall adopt as rules the substance of the federal regulations 27 C.F.R. pt. 6, 27 C.F.R. pt. 8, 27 C.F.R. pt. 10, and 27 C.F.R. pt. 11.

(2) The department shall adopt as rules the substance of 27 C.F.R. §6.88, to permit a manufacturer of alcoholic beverages, wine, or beer, or an agent of such manufacturer, to provide to a retailer without charge wine and beer coil cleaning services, including carbon dioxide filters and other necessary accessories to properly clean the coil and affix carbon dioxide filters. The rules shall provide that the manufacturer shall be responsible for paying the costs of any filters provided.

(3) The department shall adopt as rules the substance of 27 C.F.R. §6.99 to permit, only with the explicit consent of the retailer, a manufacturer or a wholesaler of alcoholic liquor, wine, or beer to reset or rearrange another manufacturer’s or wholesaler’s alcoholic beverage products.

(4) The department shall adopt as rules the substance of 27 C.F.R. §10.21 to prohibit a manufacturer or a wholesaler of alcoholic liquor, wine, or beer from offering or giving, directly or indirectly or through an affiliate, a retailer free trips, bonuses, or prizes based on sales of the manufacturer’s or wholesaler’s alcoholic beverage products.

(5) A licensee or permittee who permits or assents to or is a party in any way to a violation or infringement of a rule adopted pursuant to this section is guilty of a violation of this section. A violation of this section shall subject the licensee or permittee to the general penalties provided in this chapter and shall constitute grounds for imposition of a civil penalty or suspension or revocation of the license or permit pursuant to section 123.39.

85 Acts, ch 32, §77; 2006 Acts, ch 1061, §1; 2007 Acts, ch 22, §36; 2018 Acts, ch 1060, §70; 2019 Acts, ch 113, §58; 2023 Acts, ch 19, §2454; 2023 Acts, ch 31, §1
Iowa Code § 501B.2 — IA Code / Title XII / Chapter 501B / Section 501B.2
Definitions.
Status: in_force

As used in this chapter:

(1) “Established practices” means the practices used by an unincorporated nonprofit association without material change during the most recent five years of its existence, or if it has existed for less than five years, during its entire existence.

(2) “Governing principles” means the agreements, whether oral, in a record, or implied from its established practices, that govern the purpose or operation of an unincorporated nonprofit association and the rights and obligations of its members and managers. “Governing principles” includes any amendment or restatement of the agreements constituting the governing principles.

(3) “Manager” means a person that is responsible, alone or in concert with others, for the management of an unincorporated nonprofit association and includes but is not limited to persons who may be designated as directors and officers or some other designation indicating that such persons would perform the duties of a manager.

(4) “Member” means a person that, under the governing principles, may participate in the selection of persons authorized to manage the affairs of the unincorporated nonprofit association or in the development of the policies and activities of the association.

(5) “Person” means an individual, corporation, business trust, statutory entity trust, estate, trust, partnership, limited liability company, cooperative, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.

(6) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

(7) “State” means a state of the United States, the District of Columbia, Puerto Rico, United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.

(8) “Unincorporated nonprofit association” or “association” means an unincorporated organization consisting of two or more members joined under an agreement that is oral, in a record, or implied from conduct, for one or more common, nonprofit purposes. “Unincorporated nonprofit association” does not include any of the following:

(8) (a) A trust.

(8) (b) A marriage, domestic partnership, common law domestic relationship, civil union, or other domestic living arrangement.

(8) (c) An organization formed under any other statute that governs the organization and operation of unincorporated associations.

(8) (d) A joint tenancy or tenancy in common even if the co-owners share use of the property for a nonprofit purpose.

(8) (e) A relationship under an agreement in a record that expressly provides that the relationship between the parties does not create an unincorporated nonprofit association.

2010 Acts, ch 1112, §2, 33
Iowa Code § 655.1 — IA Code / Title XV / Chapter 655 / Section 655.1
Written instrument acknowledging satisfaction.
Status: in_force

When the amount due on a mortgage is paid off, the mortgagee, the mortgagee’s personal representative or assignee, or those legally acting for the mortgagee, and in case of payment of a school fund mortgage the county auditor, within thirty days of payment in full, shall acknowledge satisfaction thereof by execution of an instrument of satisfaction which is in writing, refers to the mortgage, and is duly acknowledged and recorded. Notwithstanding the foregoing, if the mortgage secures a revolving line of credit, future advances, or other future obligations, the mortgagee is not required to file a satisfaction upon payment in full unless the mortgagor makes a written request to the mortgagee that the mortgage be released and, if such written request is made, the mortgagee shall file the release within thirty days after payment in full or such written request is made whichever occurs later.

[C51, §2093; R60, §3670; C73, §3327; C97, §4295; C24, 27, 31, 35, 39, §12384; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §655.1]2018 Acts, ch 1036, §2
Iowa Code § 625.16 — IA Code / Title XV / Chapter 625 / Section 625.16
Retaxation.
Status: in_force

Any person aggrieved by the taxation of a bill of costs may, upon application, have the same retaxed by the court, or by a referee appointed by the court in which the application or proceeding was had, and in such retaxation all errors shall be corrected.

[C51, §1813; R60, §3461; C73, §2944; C97, §3864; C24, 27, 31, 35, 39, §11638; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §625.16]
Iowa Code § 602.11115 — IA Code / Title XV / Chapter 602 / Section 602.11115
District associate judges’ retirement.
Status: in_force

If a full-time judicial magistrate who became a district associate judge on January 1, 1981, pursuant to statute or a person who was appointed a district associate judge between January 1, 1981, and June 30, 1984, is a member of the Iowa public employees’ retirement system on June 30, 1984, the district associate judge may elect, by informing the state court administrator by June 30, 1984, one of the following retirement benefit options to be effective July 1, 1984:

(1) To remain covered under the Iowa public employees’ retirement system pursuant to chapter 97B.

(2) To commence coverage under the judicial retirement system pursuant to article 9, part 1, effective July 1, 1984, but to become an inactive member of the Iowa public employees’ retirement system pursuant to chapter 97B and remain eligible for benefits under sections 97B.49A through 97B.49H for the period of membership service under chapter 97B.

(3) To commence coverage under the judicial retirement system pursuant to article 9, part 1, retroactive to the date the district associate judge became a district associate judge or a full-time judicial magistrate, whichever was earlier, and to cease to be a member of the Iowa public employees’ retirement system, effective July 1, 1984. The department of personnel shall transmit by January 1, 1985, to the state court administrator for deposit in the judicial retirement fund the district associate judge’s accumulated contributions as defined in section 97B.1A, subsection 2 for the judge’s period of membership service as a district associate judge or full-time judicial magistrate, or both. Before July 1, 1986, or at retirement previous to that date, a district associate judge who becomes a member of the judicial retirement system pursuant to this subsection shall contribute to the judicial retirement fund an amount equal to the difference between four percent of the district associate judge’s total basic salary for the entire period of service before July 1, 1984, as a district associate judge or judicial magistrate, or both, and the district associate judge’s accumulated contributions transmitted by the department of personnel to the state court administrator pursuant to this subsection. The district associate judge’s contribution shall not be limited to the amount specified in section 602.9104, subsection 1. The state court administrator shall credit a district associate judge with service under the judicial retirement system for the period of service for which contributions at the four percent level are made.

84 Acts, ch 1285, §28; 98 Acts, ch 1183, §73, 82; 2003 Acts, ch 145, §286; 2004 Acts, ch 1086, §98
Iowa Code § 200A.8 — IA Code / Title V / Chapter 200A / Section 200A.8
Distribution reports.
Status: in_force

(1) A person required to be licensed pursuant to section 200A.5 shall file a distribution report with the department on forms furnished by the department reporting information regarding the person’s distribution of bulk products.

(2) The report shall be filed with the department not later than the last day of January and the last day of July excluding weekends and state-recognized holidays as provided in section 1C.2.

(3) The report shall include all of the following:

(3) (a) The number of tons of bulk products distributed by the person in the state during the preceding six-month period. The report shall include the number of tons distributed to each county named in the report and the grade of the distributed bulk product.

(3) (b) The name and address of each purchaser and the number of tons purchased.

(3) (c) An inspection fee as provided in section 200A.9.

98 Acts, ch 1145, §8
Iowa Code § 515B.26 — IA Code / Title XIII / Chapter 515B / Section 515B.26
Title.
Status: in_force

This chapter shall be known and may be cited as the “Iowa Insurance Guaranty Association Act”.

[C71, §515B.16; C73, 75, §515B.17; C77, 79, 81, §515B.18]
Iowa Code § 508F.2 — IA Code / Title XIII / Chapter 508F / Section 508F.2
Qualified charitable gift annuity is not insurance.
Status: in_force

(1) The issuance of a qualified charitable gift annuity does not constitute engaging in the business of insurance in this state.

(2) A charitable gift annuity that meets the requirements of a qualified charitable gift annuity shall be deemed to be a qualified charitable gift annuity for purposes of this chapter, regardless of whether the charitable gift annuity was issued prior to July 1, 2001. The issuance of that charitable gift annuity shall not be construed as engaging in the business of insurance in this state.

2001 Acts, ch 28, §3
Iowa Code § 154B.6 — IA Code / Title IV / Chapter 154B / Section 154B.6
Requirements for licensure provisional license.
Status: in_force

(1) Except as provided in this section, an applicant for licensure as a psychologist shall meet the following requirements in addition to those specified in chapter 147:

(1) (a) Except as provided in this section, after July 1, 1985, a new applicant for licensure as a psychologist shall possess a doctoral degree in psychology from an institution approved by the board and shall have completed at least one year of supervised professional experience under the supervision of a licensed psychologist.

(1) (b) Have passed an examination administered by the board to assure the applicant’s professional competence. The examination of any of its divisions may be given by the board at any time after the applicant has met the degree requirements of this section.

(1) (c) Have not failed the examination required in paragraph “b” within sixty days preceding the date of the subsequent examination.

(2) The examinations required in this section may, at the discretion of the board, be waived for holders by examination of licenses or certificates from states whose requirements are substantially equivalent to those of this chapter, and for holders by examination of specialty diplomas from the American board of professional psychology.

(3) A person who possesses a doctoral degree in psychology from an institution approved by the board but who has not completed the other requirements for licensure under this section may apply for a provisional license. The license shall be designated as a “provisional license in psychology”. The provisional license shall authorize the licensee to practice psychology under the supervision of a supervisor who meets the qualifications determined by the board by rule. A provisional license shall be valid for a period of two years. The fee for a provisional license shall be set by the board to cover the administrative costs of issuance. The board shall also set a fee for renewal of a provisional license.

(4) A person who is enrolled in a doctoral degree program in psychology at an institution approved by the board but who has not completed the other requirements for licensure under this section may apply for a provisional license during the person’s internship program. The license shall be designated as a “provisional license in psychology”. The provisional license shall authorize the licensee to practice psychology under the supervision of a supervisor who meets the qualifications determined by the board by rule. A provisional license shall be valid for a period of two years. The fee for a provisional license shall be set by the board to cover the administrative costs of issuance. The board shall also set a fee for renewal of a provisional license.

[C75, 77, 79, 81, §154B.6]84 Acts, ch 1122, §1; 2006 Acts, ch 1184, §96; 2007 Acts, ch 22, §40; 2014 Acts, ch 1043, §1; 2022 Acts, ch 1111, §1
Iowa Code § 231.41 — IA Code / Title VI / Chapter 231 / Section 231.41
Purpose.
Status: in_force

The purpose of this subchapter is to establish and provide for the operation of the office of long-term care ombudsman; to carry out, through the office, a state long-term care ombudsman program within the department in accordance with the requirements of the federal Act; and to adopt the supporting federal regulations and guidelines for its operation.

86 Acts, ch 1245, §1015C87, §249D.41C93, §231.412003 Acts, ch 141, §10; 2009 Acts, ch 23, §26; 2010 Acts, ch 1062, §6; 2013 Acts, ch 18, §23
Iowa Code § 35D.8 — IA Code / Title I / Chapter 35D / Section 35D.8
Conditional admittance.
Status: repealed

Repealed by 2013 Acts, ch 36, §14.
Iowa Code § 908.3 — IA Code / Title XVI / Chapter 908 / Section 908.3
Place of parole revocation hearing.
Status: in_force

The parole revocation hearing shall be held in any county in the same judicial district in which the alleged parole violator had the initial appearance or in the county from which the warrant for the arrest of the alleged parole violator was issued.

[C79, 81, §908.3]88 Acts, ch 1091, §8
Iowa Code § 489.14302 — IA Code / Title XII / Chapter 489 / Section 489.14302
Associated member.
Status: in_force

(1) Only a member of a series limited liability company may be an associated member of a protected series of the company.

(2) A member of a series limited liability company becomes an associated member of a protected series of the company if the operating agreement or a procedure established by the agreement states all of the following:

(2) (a) That the member is an associated member of the protected series.

(2) (b) The date on which the member became an associated member.

(2) (c) Any protected-series transferable interest the associated member has in connection with becoming or being an associated member.

(3) If a person that is an associated member of a protected series of a series limited liability company is dissociated from the company, the person ceases to be an associated member of the protected series.

2019 Acts, ch 26, §16, 41
Iowa Code § 907.13 — IA Code / Title XVI / Chapter 907 / Section 907.13
Community service sentencing — liability — workers’ compensation.
Status: in_force

(1) The court may establish as a condition of probation that the defendant perform unpaid community service for a time not to exceed the maximum period of confinement for the offense of which the defendant is convicted. If this condition is established, the defendant in cooperation with the probation officer assigned to the defendant and in cooperation with the judicial district department of correctional services, shall promptly prepare a plan to implement the community service condition. The plan shall include but shall not be limited to the suggested placement of the defendant and the suggested number of hours of services to be required.

(2) The defendant’s plan of community service, the comments of the defendant’s probation officer, and the comments of the representative of the judicial district department of correctional services responsible for the unpaid community service program, shall be submitted promptly to the court. The court shall promptly enter an order approving the plan or modifying it. Compliance with the plan of community service as approved or modified by the court shall be a condition of the defendant’s probation. The court thereafter may modify the plan at any time upon the defendant’s request, upon the request of the judicial district department of correctional services, or upon the court’s own motion. As an option for modification of a plan, the court may allow a defendant to complete some part or all of the defendant’s community service obligation through the donation of property to a charitable organization other than a governmental subdivision. A donation of property to a charitable organization offered in satisfaction of some part or all of a community service obligation under this subsection is not a deductible contribution for the purposes of federal or state income taxes.

(3) At any time during the probation period the defendant may request and the court shall grant a hearing on any matter related to the plan of community service.

(4) Failure of the defendant to comply with subsection 1 or to comply with the plan of community service as approved or modified by the court shall constitute a violation of the conditions of probation. Without limitation, the court may modify the plan of community service or modify the required hours of service, but not beyond the maximum hours of service specified in subsection 1.

(5) The state of Iowa is exclusively liable, according to and under chapter 669, for a tortious act committed by a defendant while performing unpaid community service.

(6) The state of Iowa is exclusively liable for and shall pay any compensation becoming due any person under section 85.59.

[82 Acts, ch 1069, §4]84 Acts, ch 1280, §3; 88 Acts, ch 1168, §7