FrankGoortani/open-us-law huggingface dataset:
Iowa Code § 904.505 — IA Code / Title XVI / Chapter 904 / Section 904.505
Disciplinary procedures — use of force.
Status: in_force

(1) Inmates who disobey the disciplinary rules of the institution to which they are committed shall be punished by the imposition of the penalties prescribed in the disciplinary rules, according to the following guidelines:

(1) (a) To ensure that sanctions are imposed only at such times and to such a degree as is necessary to regulate inmate behavior within the limits of the disciplinary rules and to promote a safe and orderly institutional environment.

(1) (b) To control inmate behavior in an impartial and consistent manner.

(1) (c) To ensure that disciplinary procedures are fair and that sanctions are not capricious or retaliatory.

(1) (d) To prevent the commission of offenses through the deterrent effect of the sanctions available.

(1) (e) To define the elements of each offense and the penalties which may be imposed for violations, in order to give fair warning of prohibited conduct.

(1) (f) To provide procedures for preparation of reports of disciplinary actions, for conducting disciplinary hearings, and for processing of disciplinary appeals.

(2) The superintendent or district director, as applicable, of each institution shall maintain a register of all penalties imposed on inmates and the cause for which the penalties were imposed.

(3) A correctional officer of a correctional institution or the officer’s assistant shall, in case an inmate resists the officer’s or assistant’s lawful authority, or refuses to obey the officer’s or assistant’s lawful command, only use such force as is reasonably necessary under all attendant circumstances. The use of a deadly weapon is justified under conditions of extreme necessity and as a last resort to protect the life or safety of a person. The use of a deadly weapon is not justified solely to prevent damage to or destruction of property where there is no danger to the life or safety of a person. An officer or assistant is justified in using force which causes injury or death to an inmate if the officer’s or assistant’s actions comply with the requirements of this subsection.

(4) The disciplinary rules may impose a reasonable administrative fee for the filing of a report of a major disciplinary rule infraction for which an inmate is found guilty. A fee charged pursuant to this subsection shall be deposited in the general fund of the state.

85 Acts, ch 21, §21CS85, §246.505C93, §904.5052010 Acts, ch 1031, §411; 2024 Acts, ch 1182, §68
Iowa Code § 553.2 — IA Code / Title XIII / Chapter 553 / Section 553.2
Construction.
Status: in_force

This chapter shall be construed to complement and be harmonized with the applied laws of the United States which have the same or similar purpose as this chapter. This construction shall not be made in such a way as to constitute a delegation of state authority to the federal government, but shall be made to achieve uniform application of the state and federal laws prohibiting restraints of economic activity and monopolistic practices.

[C77, 79, 81, §553.2]
Iowa Code § 232.158A — IA Code / Title VI / Chapter 232 / Section 232.158A
Legal risk placement.
Status: in_force

(1) Notwithstanding any provision of the interstate compact on the placement of children under section 232.158 to the contrary, the department shall permit the legal risk placement of a child under the interstate compact on the placement of children if the prospective adoptive parent provides a legal risk statement, in writing, acknowledging all of the following:

(1) (a) That the placement is a legal risk placement.

(1) (b) That the court of the party state of the sending agency retains jurisdiction over the child for purposes of the termination of the parental rights of the biological parents.

(1) (c) That if termination of parental rights cannot be accomplished in accordance with applicable laws, the child shall be promptly returned to the party state of the sending agency to be returned to the child’s biological parent or placed as deemed appropriate by a court of the party state of the sending agency.

(1) (d) That the prospective adoptive parent assumes full legal, financial, and other risks associated with the legal risk placement and that the prospective adoptive parent agrees to hold the department harmless for any disruption or failure of the placement.

(1) (e) That the prospective adoptive parent shall provide support and medical and other appropriate care to the child pending the termination of parental rights of the biological parents and shall assume liability for all costs associated with the return of the child to the party state of the sending agency if the placement is disrupted or fails.

(2) Any written legal risk statement utilized in establishing a legal risk placement shall, at a minimum, state all of the information required under subsection 1, shall be signed by any prospective adoptive parent, and shall be notarized. The legal risk statement shall also contain the following notice printed in clearly legible type:If termination of parental rights is not accomplished and return of the child to the biological parent is required, the prospective adoptive parents are encouraged to seek mental health counseling to address any resulting psychological or family problems.

(3) For the purposes of this section, “legal risk placement” means the placement of a child, who is to be adopted, with a prospective adoptive parent prior to the termination of parental rights of the biological parents, under which the prospective adoptive parent assumes the risk that if the parental rights of the biological parents are not terminated the child shall be returned to the biological parents or placed as deemed appropriate by a court of the party state of the sending agency, and under which the prospective adoptive parent assumes other risks and liabilities specified in a written agreement.

2001 Acts, ch 57, §1; 2018 Acts, ch 1041, §63; 2023 Acts, ch 19, §633, 634
Iowa Code § 4A.13 — IA Code / Title I / Chapter 4A / Section 4A.13
Statutory boards, commissions, councils, and committees — appointments by members of general assembly — terms — dissolution.
Status: in_force

(1) Unless otherwise specifically provided by law, all of the following shall apply to an appointment to a statutory board, commission, council, or committee made by a member or members of the general assembly pursuant to section 2.32A:

(1) (a) An appointment shall be at the pleasure of the appointing member.

(1) (b) Unless an appointee is replaced by the appointing member, the regular term of appointment shall be two years, beginning upon the convening of a general assembly and ending upon the convening of the following general assembly, or when the appointee’s successor is appointed, whichever occurs later.

(1) (c) Unless otherwise provided, a vacancy exists if a member of the general assembly serving on a statutory board, commission, council, or committee ceases to be a member of the general assembly. A vacancy shall be filled for the unexpired portion of the term in the same manner as the original appointment.

(2) Unless otherwise specifically provided by law, a board, commission, council, committee, task force, or other temporary body created by an uncodified statute that provides for issuance of a final report by the body is dissolved on or about the date the body’s final report is issued.

2008 Acts, ch 1156, §22, 58C2009, §69.16B2024 Acts, ch 1170, §54C2025, §4A.13
Iowa Code § 607A.41 — IA Code / Title XV / Chapter 607A / Section 607A.41
Method of subsequent drawing.
Status: in_force

The names of the new or additional jurors shall be drawn from the jurors identified under sections 607A.39 and 607A.40 by the electronic data processing system that was used to draw the original jury pool or panel.

86 Acts, ch 1108, §49; 2017 Acts, ch 133, §23; 2018 Acts, ch 1026, §169
Iowa Code § 554D.119 — IA Code / Title XIII / Chapter 554D / Section 554D.119
Creation and retention of electronic records and conversion of written records by governmental agencies.
Status: in_force

A governmental agency of this state shall determine whether, and the extent to which, the governmental agency will create and retain electronic records and convert written records to electronic records.

2000 Acts, ch 1189, §19
Iowa Code § 22.2 — IA Code / Title I / Chapter 22 / Section 22.2
Right to examine public records — exceptions.
Status: in_force

(1) Every person shall have the right to examine and copy a public record and to publish or otherwise disseminate a public record or the information contained in a public record. Unless otherwise provided for by law, the right to examine a public record shall include the right to examine a public record without charge while the public record is in the physical possession of the custodian of the public record. The right to copy a public record shall include the right to make photographs or photographic copies while the public record is in the possession of the custodian of the public record. All rights under this section are in addition to the right to obtain a certified copy of a public record under section 622.46.

(2) A government body shall not prevent the examination or copying of a public record by contracting with a nongovernment body to perform any of its duties or functions.

(3) If feasible, the custodian of a public record may provide for the electronic examination and copying of a public record in lieu of requiring in-person examination and copying of a public record. This subsection does not apply to searches of all indexes, general and specific, of public records relating to documents, instruments, and muniments of title, for the purpose of performing title searches, real property searches, or creating real property abstracts.

(4) However, notwithstanding subsections 1 and 2, a government body is not required to permit access to or use of the following:

(4) (a) A geographic computer database by any person except upon terms and conditions acceptable to the governing body. The governing body shall establish reasonable rates and procedures for the retrieval of specified records, which are not confidential records, stored in the database upon the request of any person.

(4) (b) Data processing software developed by the government body or developed by a nongovernment body and used by a government body pursuant to a contractual relationship with the nongovernment body, as provided in section 22.3A.

[C71, 73, 75, 77, 79, 81, §68A.2]84 Acts, ch 1185, §2C85, §22.289 Acts, ch 189, §1; 96 Acts, ch 1099, §14; 98 Acts, ch 1224, §17; 2015 Acts, ch 42, §1; 2020 Acts, ch 1103, §32, 51
Iowa Code § 68B.4 — IA Code / Title II / Chapter 68B / Section 68B.4
Sales or leases by regulatory agency officials and employees.
Status: in_force

(1) An official or employee of any regulatory agency shall not sell or lease, either directly or indirectly, any goods, real estate, or services to individuals, associations, or corporations subject to the regulatory authority of the agency of which the person is an official or employee, except when the official or employee has met all of the following conditions:

(1) (a) The consent of the regulatory agency for which the person is an official or employee is obtained and the person is not the official or employee with the authority to determine whether agency consent is to be given under this section.

(1) (b) The duties or functions performed by the official or employee for the regulatory agency are not related to the regulatory authority of the agency over the individual, association, or corporation, or the selling or leasing of goods, real estate, or services by the official or employee to the individuals, associations, or corporations does not affect the official’s or employee’s duties or functions at the regulatory agency.

(1) (c) The selling or leasing of any goods, real estate, or services by the official or employee to an individual, association, or corporation does not include advocacy on behalf of the individual, association, or corporation to the regulatory agency in which the person is an official or employee.

(1) (d) The selling or leasing of any goods, real estate, or services by the official or employee to an individual, association, or corporation does not cause the official or employee to sell or lease goods, real estate, or services to the regulatory agency on behalf of the individual, association, or corporation.

(2) The board shall adopt rules specifying the method by which employees may obtain agency consent under this section. The board shall adopt rules specifying the method by which officials may obtain agency consent under this section, including situations when the person seeking to make the sale or lease is the executive or administrative head of the regulatory agency. A regulatory agency granting consent under this section shall file a copy of the consent with the board within twenty days of the consent being granted.

[C71, 73, 75, 77, 79, 81, §68B.4]90 Acts, ch 1209, §1; 91 Acts, ch 79, §1; 2003 Acts, ch 145, §286; 2004 Acts, ch 1091, §5; 2005 Acts, ch 76, §3; 2006 Acts, ch 1149, §2; 2021 Acts, ch 67, §1
Iowa Code § 533.305 — IA Code / Title XIII / Chapter 533 / Section 533.305
Investment in banks or savings banks — required findings.
Status: in_force

(1) A state credit union may, with the prior approval of the superintendent, invest in the capital stock, obligations, or other securities of a bank.

(2) A state credit union may, with the prior approval of the superintendent, invest in the capital stock, obligations, or other securities of a savings bank.

(3) The superintendent shall not grant an approval under subsection 1 or 2, unless the superintendent makes one of the following findings:

(3) (a) Based upon a preponderance of the evidence presented, the proposed investment will not have the immediate effect of significantly reducing competition between depository financial institutions located in the same community as the institution whose shares would be acquired.

(3) (b) Based upon a preponderance of the evidence presented, the proposed investment would have an anticompetitive effect as described in paragraph “a”, but other factors, specifically cited, outweigh the anticompetitive effect so that there would be a net public benefit as a result of the investment.

(4) (a) The subsequent liquidation of a bank or savings bank whose shares are acquired under this section shall not prevent the subsequent incorporation of another bank or savings bank in the same community.

(4) (b) The superintendent of banking shall not find the liquidation of a bank whose shares are acquired under this section to be grounds for disapproving the incorporation of another bank in the same community under section 524.305.

2007 Acts, ch 174, §36; 2012 Acts, ch 1017, §129
Iowa Code § 434.9 — IA Code / Title X / Chapter 434 / Section 434.9
Net earnings.
Status: in_force

The director of revenue shall have the power to prescribe a method for all railway companies doing business in this state, together with the rules and regulations, for the ascertainment of the net earnings of the railway lines in this state, to the end that all such railway companies, in ascertaining and making report of net earnings, shall proceed upon the same basis and in a uniform manner.

[S13, §1340-c; C24, 27, 31, 35, 39, §7054; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §434.9]2003 Acts, ch 145, §286
Iowa Code § 633.564 — IA Code / Title XV / Chapter 633 / Section 633.564
Background check of proposed guardian or conservator.
Status: in_force

(1) The court shall request criminal record checks and checks of the child abuse, dependent adult abuse, and sexual offender registries in this state for all proposed guardians and conservators, other than financial institutions with Iowa trust powers, unless a proposed guardian or conservator has undergone the background check required by this section within the twelve months prior to the filing of a petition and the background check has been provided to the court.

(2) The court shall review the results of background checks in determining the suitability of a proposed guardian or conservator for appointment.

(3) The judicial branch, in conjunction with the department of public safety, the department of health and human services, and the department of management, shall establish procedures for electronic access to the single contact repository established pursuant to section 135C.33 necessary to conduct background checks requested under subsection 1.

(4) The person who files a petition for appointment of guardian or conservator shall be responsible for paying the fee for the background check conducted through the single contact repository established pursuant to section 135C.33.

2019 Acts, ch 57, §23, 43, 44; 2023 Acts, ch 19, §1281; 2024 Acts, ch 1009, §21; 2024 Acts, ch 1185, §190
Iowa Code § 15.535 — IA Code / Title I / Chapter 15 / Section 15.535
Future repeal.
Status: in_force

Sections 15.530, 15.531, 15.532, 15.533, 15.534, and this section are repealed January 1, 2037.

2025 Acts, ch 136, §124, 129, 130
Iowa Code § 9.7 — IA Code / Title I / Chapter 9 / Section 9.7
Access to corporation records.
Status: in_force

The secretary of state shall offer to county recorders electronic access to corporation records. The secretary of state shall adopt rules providing for the electronic access and for the dissemination of the information by the county recorders.

91 Acts, ch 211, §1
Iowa Code § 514C.25 — IA Code / Title XIII / Chapter 514C / Section 514C.25
Coverage for prosthetic devices.
Status: in_force

(1) (a) Notwithstanding the uniformity of treatment requirements of section 514C.6, a policy, contract, or plan providing for third-party payment or prepayment of health or medical expenses shall provide coverage benefits for medically necessary prosthetic devices when prescribed by a physician licensed under chapter 148 or physician assistant licensed under chapter 148C. Such coverage benefits for medically necessary prosthetic devices shall provide coverage for medically necessary prosthetic devices that, at a minimum, equals the coverage and payment for medically necessary prosthetic devices provided under the most recent federal laws for health insurance for the aged and disabled pursuant to 42 U.S.C. §1395k, 13951, and 1395m, and 42 C.F.R. §410.100, 414.202, 414.210, and 414.228, as applicable.

(1) (b) For the purposes of this section, “prosthetic device” means an artificial limb device to replace, in whole or in part, an arm or leg.

(2) (a) This section applies to the following classes of third-party payment provider policies, contracts, or plans delivered, issued for delivery, continued, or renewed in this state on or after July 1, 2009:

(2) (a) Individual or group accident and sickness insurance providing coverage on an expense-incurred basis.

(2) (a) An individual or group hospital or medical service contract issued pursuant to chapter 509, 514, or 514A.

(2) (a) An individual or group health maintenance organization contract regulated under chapter 514B.

(2) (a) A plan established pursuant to chapter 509A for public employees.

(2) (b) This section shall not apply to accident-only, specified disease, short-term hospital or medical, hospital confinement indemnity, credit, dental, vision, Medicare supplement, long-term care, basic hospital and medical-surgical expense coverage as defined by the commissioner, disability income insurance coverage, coverage issued as a supplement to liability insurance, workers’ compensation or similar insurance, or automobile medical payment insurance.

(3) Notwithstanding subsection 1, paragraph “a”, a policy, contract, or plan providing for third-party payment or prepayment of health or medical expenses that is issued for use in connection with a health savings account as authorized under Tit. XII of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, Pub. L. No. 108-173, may impose the same deductibles and out-of-pocket limits on the prosthetics coverage benefits required in this section that apply to substantially all health, medical, and surgical coverage benefits under the policy, contract, or plan.

2009 Acts, ch 89, §1; 2017 Acts, ch 148, §77; 2022 Acts, ch 1066, §50
Iowa Code § 169A.10 — IA Code / Title V / Chapter 169A / Section 169A.10
Evidence of ownership — investigations.
Status: in_force

(1) In a suit at law or equity or in any criminal proceedings in which the title to an animal is an issue, the following shall be admissible as evidence:

(1) (a) A certified copy of a record as provided for in section 169A.6 or 169A.9. The certified copy shall be prima facie evidence of the ownership of livestock by the person in whose name the brand is recorded.

(1) (b) Information stored in an identification device which identifies the owner of an animal. The information shall be prima facie evidence of the ownership of the animal, if all of the following apply:

(1) (b) The identification device meets applicable design standards adopted by the international standard organization, or which may be adopted by the department.

(1) (b) The identification device is installed according to manufacturer’s requirements.

(1) (b) The information is not in conflict with a certified copy of a record as provided for in section 169A.6 or 169A.9.

(1) (c) The results of a sheriff’s investigation as provided in this section.

(2) A dispute involving the custody or ownership of an animal branded or subject to electronic identification under this chapter shall be investigated, on request, by the sheriff of the county where the animal is located. The sheriff may call upon the services of an authorized person, approved by the secretary, in reading the brands on animals. The cost of the services shall be paid by the person requesting the investigation. The results of the sheriff’s investigation are a public record.

[C66, 71, 73, 75, 77, 79, 81, §187.10]C93, §169A.1095 Acts, ch 60, §6; 98 Acts, ch 1208, §2
Iowa Code § 311.28 — IA Code / Title VIII / Chapter 311 / Section 311.28
Certificates anticipating assessments.
Status: in_force

In order to render immediately available that amount of the estimated cost of an improvement which has been specially assessed, the board may issue road certificates in the name of the county in an aggregate amount not exceeding the then unpaid amount of the special assessment levied in the district. Each issue of certificates shall be under, and in accordance with, a duly adopted resolution of the board which shall recite all of the following:

(1) The name or designation of the road district on account of which the certificates are issued.

(2) That a stated amount has been specially assessed against the lands within the district.

(3) That a stated amount of the aggregate special assessment has not yet been paid.

(4) That it is necessary to render the unpaid amount immediately available.

(5) The number of road certificates authorized and the specific amount of each certificate.

(6) The specific numbering or designation of the certificates.

(7) The rate of interest which each certificate shall bear from date, not exceeding that permitted by chapter 74A.

(8) The fact that the certificates are payable solely from the proceeds of the special assessments which have been levied on the lands within the districts.

(9) That each certificate shall be payable on or before January 1 of the first year following the maturity of the last installment of the special assessments, and that interest on the certificate shall be paid annually.

(10) The authorization to the chairperson of the board, and to the county treasurer, to sign and countersign each of the certificates.

[C24, §4717; C27, 31, 35, §4753-a9; C39, §4753.09; C46, §311.19; C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, S81, §311.28; 81 Acts, ch 117, §1217]