FrankGoortani/open-us-law huggingface dataset:
Iowa Code § 554.3302 — IA Code / Title XIII / Chapter 554 / Section 554.3302
Holder in due course.
Status: in_force

(1) Subject to subsection 3 and section 554.3106, subsection 4, “holder in due course” means the holder of an instrument if:

(1) (a) the instrument when issued or negotiated to the holder does not bear such apparent evidence of forgery or alteration or is not otherwise so irregular or incomplete as to call into question its authenticity; and

(1) (b) the holder took the instrument for value, in good faith, without notice that the instrument is overdue or has been dishonored or that there is an uncured default with respect to payment of another instrument issued as part of the same series, without notice that the instrument contains an unauthorized signature or has been altered, without notice of any claim to the instrument described in section 554.3306, and without notice that any party has a defense or claim in recoupment described in section 554.3305, subsection 1.

(2) Notice of discharge of a party, other than discharge in an insolvency proceeding, is not notice of a defense under subsection 1, but discharge is effective against a person who became a holder in due course with notice of the discharge. Public filing or recording of a document does not of itself constitute notice of a defense, claim in recoupment, or claim to the instrument.

(3) Except to the extent a transferor or predecessor in interest has rights as a holder in due course, a person does not acquire rights of a holder in due course of an instrument taken by legal process or by purchase in an execution, bankruptcy, or creditor’s sale or similar proceeding, by purchase as part of a bulk transaction not in ordinary course of business of the transferor, or as the successor in interest to an estate or other organization.

(4) If, under section 554.3303, subsection 1, paragraph “a”, the promise of performance that is the consideration for an instrument has been partially performed, the holder may assert rights as a holder in due course of the instrument only to the fraction of the amount payable under the instrument equal to the value of the partial performance divided by the value of the promised performance.

(5) If the person entitled to enforce an instrument has only a security interest in the instrument and the person obliged to pay the instrument has a defense, claim in recoupment, or claim to the instrument that may be asserted against the person who granted the security interest, the person entitled to enforce the instrument may assert rights as a holder in due course only to an amount payable under the instrument which, at the time of enforcement of the instrument, does not exceed the amount of the unpaid obligation secured.

(6) To be effective, notice must be received at a time and in a manner that gives a reasonable opportunity to act on it.

(7) This section is subject to any law limiting status as a holder in due course in particular classes of transactions.

94 Acts, ch 1167, §37, 121, 122; 2013 Acts, ch 30, §261
Iowa Code § 453E.6 — IA Code / Title X / Chapter 453E / Section 453E.6
Specialty courts and diversion programs fund.
Status: in_force

(1) A specialty courts and diversion programs fund is created in the state treasury under the control of the office of drug control policy. Moneys from permit fees, with the exception of permit fees collected by the department on behalf of cities or counties in the issuance of permits, and excise taxes imposed and collected pursuant to section 453E.5, shall be deposited in the fund. Permit fees collected by the department on behalf of cities under this chapter shall be remitted by the department to the treasurer of the city where the permit is effective and credited to the general fund of the city. Permit fees collected by the department on behalf of counties under this chapter shall be remitted by the department to the treasurer of the county where the permit is effective and credited to the general fund of the county.

(2) Moneys in the fund are appropriated to the office of drug control policy to be used for the purpose of the support of specialty courts and diversion programs to address underlying substance use disorder-related and mental health-related issues that contribute to the contact of individuals with the justice system.

(3) The drug policy coordinator of the office of drug control policy shall develop criteria for approval of a request for specialty courts and diversion programs funding. Annually, by May 1, the state court administrator shall submit a specialty courts and diversion programs funding request for the upcoming fiscal year to the drug policy coordinator of the office of drug control policy for approval, and the drug policy coordinator shall approve or reject any such request no later than June 1. The state court administrator may submit a subsequent request within fifteen days of notification of the rejection of an initial request. The state court administrator shall consult with the director of the department of corrections prior to submitting any funding request that involves the department of corrections.

(4) The fund shall be separate from the general fund of the state and shall not be considered part of the general fund of the state. The moneys in the fund shall not be considered revenue of the state, but rather shall be moneys of the fund. The moneys in the fund are not subject to reversion to the general fund of the state under section 8.33 and shall not be transferred, used, obligated, appropriated, or otherwise encumbered, except to provide for the purposes of this section. Notwithstanding section 12C.7, subsection 2, interest or earnings on moneys deposited in the fund shall be credited to the fund.

(5) The treasurer of state shall provide a quarterly report of fund activities and balances to the drug policy coordinator of the office of drug control policy.

2024 Acts, ch 1165, §6, 8
Iowa Code § 163.22 — IA Code / Title V / Chapter 163 / Section 163.22
Annual estimate.
Status: repealed

Repealed by 2005 Acts, ch 19, §125.
Iowa Code § 515E.9 — IA Code / Title XIII / Chapter 515E / Section 515E.9
Purchasing group restrictions.
Status: in_force

A purchasing group shall not purchase insurance from an insurer not admitted in this state unless the purchase is effected through a duly licensed insurance producer acting pursuant to chapter 515I.

88 Acts, ch 1111, §10; 90 Acts, ch 1234, §44; 2007 Acts, ch 152, §81; 2012 Acts, ch 1025, §19, 22
Iowa Code § 663.28 — IA Code / Title XV / Chapter 663 / Section 663.28
Body to be produced.
Status: in_force

The defendant must also produce the body of the plaintiff, or show good cause for not doing so.

[C51, §2237; R60, §3825; C73, §3475; C97, §4443; C24, 27, 31, 35, 39, §12495; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §663.28]
Iowa Code § 336.17 — IA Code / Title IX / Chapter 336 / Section 336.17
Historical association.
Status: repealed

Repealed by 2010 Acts, ch 1031, §334; . See §336.8.
Iowa Code § 426.2 — IA Code / Title X / Chapter 426 / Section 426.2
Definition.
Status: in_force

“Agricultural lands” as used in this chapter shall mean and include land in tracts of ten acres or more excluding any buildings or other structures located on such land, and not laid off into lots of less than ten acres or divided by streets and alleys into parcels of less than ten acres, lying within any school corporation in this state and in good faith used for agricultural or horticultural purposes.

Any land laid off or platted into lots of less than ten acres belonging to and a part of other lands of more than ten acres and in good faith used for agricultural or horticultural purposes shall be entitled to the benefits of this chapter.

[C39, §6943.165; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §426.2]
Iowa Code § 215A.2 — IA Code / Title V / Chapter 215A / Section 215A.2
Inspection by department.
Status: in_force

The department shall inspect or cause to be inspected at least annually every moisture-measuring device used in commerce in this state, except those belonging to the United States or the state, or any subdivision of either, except as herein provided. The department may inspect or cause to be inspected at the convenience of the department any moisture-measuring device upon a request in writing from the owner thereof.

[C71, 73, 75, 77, 79, 81, §215A.2]
Iowa Code § 68B.32C — IA Code / Title II / Chapter 68B / Section 68B.32C
Contested case proceedings.
Status: in_force

(1) Contested case proceedings initiated as a result of the issuance of a statement of charges pursuant to section 68B.32B, subsection 9, shall be conducted in accordance with the requirements of chapter 17A. Clear and convincing evidence shall be required to support a finding that a person has violated this chapter or any rules adopted by the board pursuant to this chapter. A preponderance of the evidence shall be required to support a finding that a person has violated chapter 68A or any rules adopted by the board pursuant to chapter 68A. The case in support of the statement of charges shall be presented at the hearing by one of the board’s attorneys or staff unless, upon the request of the board, the charges are prosecuted by another legal counsel designated by the attorney general. A person making a complaint under section 68B.32B, subsection 1, is not a party to contested case proceedings conducted relating to allegations contained in the complaint.

(2) Hearings held pursuant to this chapter shall be heard by a quorum of the board, unless the board designates a board member or an administrative law judge to preside at the hearing. If a quorum of the board does not preside at the hearing, the board member or administrative law judge shall make a proposed decision. The board or presiding board member may be assisted by an administrative law judge in the conduct of the hearing and the preparation of a decision.

(3) Upon a finding by the board that the party charged has violated this chapter, chapter 68A, or rules adopted by the board, the board may impose any penalty provided for by section 68B.32D. Upon a final decision of the board finding that the party charged has not violated this chapter, chapter 68A, or the rules of the board, the complaint shall be dismissed and the party charged and the original complainant, if any, shall be notified.

(4) The right of an appropriate county attorney or the attorney general to commence and maintain a district court prosecution for criminal violations of the law is unaffected by any proceedings under this section.

(5) The board shall adopt rules, pursuant to chapter 17A, establishing procedures to implement this section.

93 Acts, ch 163, §17; 2006 Acts, ch 1035, §6; 2007 Acts, ch 126, §17
Iowa Code § 8.4 — IA Code / Title I / Chapter 8 / Section 8.4
Department of management.
Status: in_force

The department of management is created, which is directly attached to the office of the governor and under the general direction, supervision, and control of the governor. The office is in immediate charge of an officer to be known as “the director”, who shall be appointed by the governor, subject to confirmation by the senate, and shall hold office at the governor’s pleasure and shall receive a salary as set by the governor. The director may establish, abolish, and consolidate divisions within the department of management when necessary for the efficient performance of the various functions and duties of the department of management. Before entering upon the discharge of duties, the director shall take the constitutional oath of office.

[C24, §309, 311 – 316; C27, §309, 311, 313 – 316; C31, §309, 311, 314 – 316, 1063; C35, §84-e4; C39, §84.04; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §8.4]86 Acts, ch 1245, §1032024 Acts, ch 1185, §3
Iowa Code § 45.6 — IA Code / Title II / Chapter 45 / Section 45.6
Requirements in signing.
Status: in_force

The following requirements shall be observed in the signing and preparation of nomination petitions:

(1) A signer may sign nomination petitions for more than one candidate for the same office, and the signature is not invalid solely because the signer signed nomination petitions for one or more other candidates for the office.

(2) Each signer shall add the signer’s residential address, with street and number, if any, and city.

(3) All signers, for all nominations, of each separate part of a nomination petition, shall reside in the appropriate ward, city, county, school district or school district director district, legislative district, or other district as required by section 45.1.

(4) When more than one sheet is used, the sheets shall be neatly arranged and securely fastened together before filing, and shall be considered one nomination petition. Nomination petitions which are not securely fastened together shall be returned to the candidate or the candidate’s designee without examination. The state commissioner shall prescribe by rule the acceptable methods for binding nomination petitions.

(5) Only one candidate shall be petitioned for or nominated in the same nomination petition, except for the offices of governor and lieutenant governor, and president and vice president.

2002 Acts, ch 1134, §16, 115; 2007 Acts, ch 59, §5, 19; 2019 Acts, ch 148, §18, 33
Iowa Code § 184A.12A — IA Code / Title V / Chapter 184A / Section 184A.12A
Referendum conducted to abolish the council and terminate the imposition of the assessment.
Status: in_force

(1) A referendum may be called to abolish the council established pursuant to sections 184A.1A and 184A.1B, and to terminate the imposition of the assessment established pursuant to section 184A.2. The department shall call and conduct the referendum upon the department’s receipt of a petition requesting the referendum. The petition must be signed by at least twenty eligible voters or fifty percent of all eligible voters, whichever is greater. In order to be an eligible voter under this section, a producer must be a qualified producer who paid an assessment in the year in which the referendum is held. The referendum shall be conducted by election within sixty days following receipt of the petition. The petitioners shall guarantee payment of the cost of the referendum by providing evidence of financial security as required by the department.

(2) The following procedures shall apply to a referendum conducted pursuant to this section:

(2) (a) The department shall publish a notice of the referendum for a period of not less than five days in at least one newspaper of general circulation in the state and for a similar period in other newspapers as prescribed by the department. The notice shall state the voting places, period of time for voting, manner of voting, and other information deemed necessary by the department. A referendum shall not be commenced until five days after the last date of publication.

(2) (b) Upon signing a statement certifying to the department that a producer is an eligible voter, the producer is entitled to one vote in each referendum conducted pursuant to this section. The department may conduct the referendum by mail, electronic means, or a general meeting of eligible voters. The department shall conduct the referendum and count and tabulate the ballots filed during the referendum within thirty days following the close of the referendum.

(2) (b) If a majority of eligible voters who vote in the referendum approves the continuation of the council and the imposition of the assessment, the council and the imposition of the assessment shall continue as provided in this chapter.

(2) (b) If a majority of eligible voters who vote in the referendum does not approve continuing the council and the imposition of the assessment, the department shall terminate the collection of the assessment on the first day of the year for which the referendum was to continue. The department shall terminate the activities of the council in an orderly manner as soon as practicable after the referendum. A subsequent referendum may be held as provided in section 184A.1A. However, the subsequent referendum shall not be held within one hundred eighty days from the date of the last referendum.

99 Acts, ch 158, §11, 18, 19
Iowa Code § 514B.18 — IA Code / Title XIII / Chapter 514B / Section 514B.18
False representation.
Status: in_force

A health maintenance organization, unless licensed as an insurer, shall not use in its name, contracts, or literature any words descriptive of an insurance, casualty, or surety business or deceptively similar to the name or description of any insurance or surety corporation doing business in this state. No health maintenance organization or any person on its behalf shall advertise or merchandise its services in a manner to misrepresent its services or capacity for service, nor shall it engage in misleading, deceptive or unfair practices with respect to advertising or merchandising. This section does not exempt health maintenance organizations which are engaged in the business of insurance from regulation under the provisions of chapter 507B.

[C75, 77, 79, 81, §514B.18]
Iowa Code § 536A.8 — IA Code / Title XIII / Chapter 536A / Section 536A.8
Capital stock requirement.
Status: in_force

The paid-in capital stock of any corporation engaged in the business of operating an industrial loan company shall not be less than twenty-five thousand dollars when the corporation is transacting business in any city having less than twenty-five thousand inhabitants according to the last preceding decennial census. The paid-in capital stock of any corporation engaged in the business of operating an industrial loan company in any city having a population of more than twenty-five thousand inhabitants according to the last preceding decennial census shall not be less than fifty thousand dollars. The paid-in capital stock of any corporation engaged in the business of operating an industrial loan company outside the limits of any incorporated city shall not be less than fifty thousand dollars. Every corporation engaged in the industrial loan business in the state of Iowa shall have a surplus of not less than ten percent of its paid-in capital stock.

[C66, 71, 73, 75, 77, 79, 81, §536A.8]
Iowa Code § 232.161 — IA Code / Title VI / Chapter 232 / Section 232.161
Department as authority in receiving state.
Status: in_force

As used in paragraph “a” of article V of the interstate compact on the placement of children under section 232.158, the phrase “appropriate authority in the receiving state” with reference to this state means the state department of health and human services.

[C71, 73, 75, 77, 79, 81, §238.36]83 Acts, ch 96, §157, 15985 Acts, ch 173, §30CS85, §232.1612008 Acts, ch 1032, §201; 2023 Acts, ch 19, §636
Iowa Code § 15E.223 — IA Code / Title I / Chapter 15E / Section 15E.223
Section 15E.223
Status: repealed

Repealed by 2009 Acts, ch 123, §8.
Iowa Code § 321E.25 — IA Code / Title VIII / Chapter 321E / Section 321E.25
Use of interstate road system.
Status: in_force

Use of the national system of interstate and defense highways under the provisions of this chapter shall be restricted by regulation and other appropriate action of the department in such a manner as to not be in conflict with the applicable provisions of 23 U.S.C. §127.

[C71, 73, 75, 77, 79, 81, §321E.25]2013 Acts, ch 49, §20
Iowa Code § 523C.21 — IA Code / Title XIII / Chapter 523C / Section 523C.21
Service of process.
Status: in_force

The commissioner shall be the agent for service of process upon a service company. Service of process made on the commissioner as the agent for service of process shall be made as provided in section 505.30.

94 Acts, ch 1031, §19; 2018 Acts, ch 1018, §17
Iowa Code § 35A.8 — IA Code / Title I / Chapter 35A / Section 35A.8
Commandant term duties.
Status: in_force

(1) The governor shall appoint a commandant, subject to confirmation by the senate, who shall serve at the pleasure of the governor. The commandant is responsible for administering the duties of the department and the commission.

(2) The commandant shall be a resident of the state of Iowa and an honorably discharged veteran.

(3) The commandant shall employ such personnel as are necessary for the performance of the duties and responsibilities assigned to the department and the commission. All employees shall be selected on a basis of fitness for the work to be performed with due regard to training and experience and shall be subject to the provisions of chapter 8A, subchapter IV.

[C79, 81, §35A.8]86 Acts, ch 1245, §1710; 92 Acts, ch 1140, §10; 92 Acts, ch 1247, §28; 99 Acts, ch 180, §5; 2000 Acts, ch 1218, §1; 2003 Acts, ch 145, §148; 2005 Acts, ch 115, §14, 40; 2007 Acts, ch 176, §1, 3; 2007 Acts, ch 202, §6; 2008 Acts, ch 1031, §21; 2008 Acts, ch 1191, §35, 36, 106; 2012 Acts, ch 1059, §5; 2023 Acts, ch 19, §2176
Iowa Code § 468.546 — IA Code / Title XI / Chapter 468 / Section 468.546
Appeal.
Status: in_force

Any person aggrieved by the final action of the board extending the time of payment of said unpaid assessment, installment or installments thereof may appeal therefrom to the district court of the county in which such action was taken.

[C27, 31, 35, §7714-b7; C39, §7714.07; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §463.7]89 Acts, ch 126, §2CS89, §468.546
Iowa Code § 903.5 — IA Code / Title XVI / Chapter 903 / Section 903.5
Local facilities preferred for misdemeanants.
Status: in_force

In designating places of confinement of misdemeanants, the department shall make optimum use of local facilities offering correctional programs, where such are available. Where a choice of facilities is offered, a choice of the facility nearest the prisoner’s home shall be preferred, if such choice is compatible with the rehabilitation of the prisoner.

[C79, 81, §903.5]
Iowa Code § 536.7A — IA Code / Title XIII / Chapter 536 / Section 536.7A
Change in control — approval.
Status: in_force

The prior written approval of the superintendent is required whenever a change in control of the licensee is proposed. For purposes of this section, “control” means control as defined in section 524.103. The superintendent may require information deemed necessary to determine whether a new application is required. When requesting approval, the person shall submit a fee of one hundred dollars to the superintendent.

2006 Acts, ch 1042, §35
Iowa Code § 501A.204 — IA Code / Title XII / Chapter 501A / Section 501A.204
Correcting filed documents.
Status: in_force

(1) A domestic cooperative or foreign cooperative may correct a document filed by the secretary if the document satisfies any of the following requirements:

(1) (a) Contains an incorrect statement.

(1) (b) Was defectively executed, attested, sealed, verified, or acknowledged.

(2) A document is corrected by complying with all of the following:

(2) (a) By preparing articles of correction that satisfy all of the following requirements:

(2) (a) Describe the document, including its filing date, or attach a copy of the document to the articles.

(2) (a) Specify the incorrect statement and the reason the statement is incorrect or the manner in which the execution was defective.

(2) (a) Correct the incorrect statement or defective execution.

(2) (b) By delivering the articles of correction to the secretary for filing.

(3) Articles of correction are effective on the effective date of the document the articles correct, except as to persons relying on the uncorrected document and adversely affected by the correction. As to those persons, articles of correction are effective when filed.

2005 Acts, ch 135, §7