FrankGoortani/open-us-law huggingface dataset:
Iowa Code § 631.5 — IA Code / Title XV / Chapter 631 / Section 631.5
Appearance — default.
Status: in_force

This section applies to all small claims except actions for forcible entry and detainer pursuant to chapter 648 and actions for abandonment of mobile homes or personal property pursuant to chapter 555B.

(1) A defendant may appear in person or by attorney, and by the denial of a claim a defendant does not waive any defenses.

(2) If all defendants either have entered a timely appearance or have defaulted, the clerk shall assign a contested claim to the small claims calendar for hearing at a place and time certain. The time of hearing shall be not less than five days nor more than twenty days after the latest timely appearance, unless otherwise ordered by the court. The clerk shall transmit the original notice and all other papers relating to the case to the judicial officer to whom the case is assigned, and copies of all papers so transmitted shall be retained in the clerk’s office.

(3) If the plaintiff has joined more than one defendant, and less than all defendants are served with notice as determined by subsection 4, the plaintiff may elect to proceed against all defendants served or may elect to have a continuance, issuable by the clerk, to a date certain not more than sixty days thereafter. If the plaintiff elects to proceed, the action shall be dismissed without prejudice as against each defendant not served with notice.

(4) Proper notice shall be established by a signed return receipt or a return of service as provided in rule of civil procedure 1.308.

(5) When a small claim is set for hearing the clerk immediately shall notify by ordinary mail each party or the attorney representing the party, and the judicial officer to whom the action is assigned, of the date, time and place of hearing.

(6) If a defendant fails to appear and the clerk in accordance with subsection 4 determines that proper notice has been given, judgment shall be rendered against the defendant by the clerk if the relief is readily ascertainable. If the relief is not readily ascertainable the claim shall be assigned to a judicial magistrate for determination.

[C75, 77, 79, 81, §631.5]84 Acts, ch 1322, §3, 4; 93 Acts, ch 154, §21; 2003 Acts, ch 151, §49; 2004 Acts, ch 1101, §86
Iowa Code § 142C.1 — IA Code / Title IV / Chapter 142C / Section 142C.1
Short title.
Status: in_force

This chapter shall be known and may be cited as the “Revised Uniform Anatomical Gift Act”.

95 Acts, ch 39, §1; 2007 Acts, ch 44, §1
Iowa Code § 507D.2 — IA Code / Title XIII / Chapter 507D / Section 507D.2
Collection and analysis of information.
Status: in_force

(1) The commissioner of insurance may adopt rules pursuant to chapter 17A for the collection of necessary additional information relating to the availability, obtainability, costs, profits, and losses associated with the provision of property, casualty, product, professional, or other liability insurance within the state, and relating to the feasibility and implementation of market assistance programs, mandatory risk allocation programs, risk-sharing programs, risk management programs, or any other authorized program under section 507D.3.

(2) The commissioner shall provide for the analysis of such information gathered pursuant to this or any other section and shall make such analysis available to the general assembly on an annual basis.

86 Acts, ch 1211, §27; 2021 Acts, ch 76, §150
Iowa Code § 633.295 — IA Code / Title XV / Chapter 633 / Section 633.295
Testimony of witnesses.
Status: in_force

The proof may be made by the oral or written testimony of one or more of the subscribing witnesses to the will. If such testimony is in writing, it shall be substantially in the following form executed and sworn to before or after the death of the decedent:In the District Court of Iowain and for County.In the Matter ofProbate No. the Estate ofTESTIMONY OF SUBSCRIBING, DeceasedWITNESS ONState of )PROBATE OF WILL County)ssI, , being first duly sworn, state:I reside in the County of , State of ; I knew the identity of the testator on the day of (month), (year), the date of the instrument, the original or exact reproduction of which is attached hereto, now shown to me, and purporting to be the last will and testament of the said ; I am one of the subscribing witnesses to said instrument; at the said date of said instrument, I knew the identity of , the other subscribing witness; that said instrument was exhibited to me and to the other subscribing witness by the testator, who declared the same to be the testator’s last will and testament, and was signed by the testator at , in the County of , State of , on the date shown in said instrument, in the presence of myself and the other subscribing witness; and the other subscribing witness and I then and there, at the request of the testator, in the presence of said testator and in the presence of each other, subscribed our names thereto as witnesses. Name of Witness AddressSubscribed and sworn to before me this day of (month), (year)Signature of notarial officer(Stamp)[]Title of office[My commission expires: ]

[C66, 71, 73, 75, 77, 79, 81, §633.295]2000 Acts, ch 1058, §56; 2012 Acts, ch 1050, §58, 60; 2013 Acts, ch 33, §4, 9; 2014 Acts, ch 1021, §1, 4 – 6; 2016 Acts, ch 1073, §172
Iowa Code § 222.19 — IA Code / Title VI / Chapter 222 / Section 222.19
Party respondents.
Status: repealed

Repealed by 2013 Acts, ch 130, §34, 35.
Iowa Code § 533D.9 — IA Code / Title XIII / Chapter 533D / Section 533D.9
Fee restriction — required disclosure.
Status: in_force

(1) A licensee shall not charge a fee in excess of fifteen dollars on the first one hundred dollars on the face amount of a check or more than ten dollars on subsequent one hundred dollar increments on the face amount of the check for services provided by the licensee, or pro rata for any portion of one hundred dollars face value.

(2) A licensee shall give to the maker of the check, at the time any delayed deposit service transaction is made, or if there are two or more makers, to one of them, notice written in clear, understandable language disclosing all of the following:

(2) (a) The fee to be charged for the transaction.

(2) (b) The annual percentage rate as computed pursuant to the federal Truth in Lending Act.

(2) (c) The date on which the check will be deposited or presented for negotiation.

(2) (d) Any penalty, not to exceed fifteen dollars, which the licensee will charge if the check is not negotiable on the date agreed upon. A penalty to be charged pursuant to this section shall only be collected by the licensee once on a check no matter how long the check remains unpaid. A penalty to be charged pursuant to this section is a licensee’s exclusive remedy and if a licensee charges a penalty pursuant to this section no other penalties under this chapter or any other provision apply.

(3) In addition to the notice required by subsection 2, every licensee shall conspicuously display a schedule of all fees, charges, and penalties for all services provided by the licensee authorized by this section. The notice shall be posted at the office and every branch office of the licensee.

95 Acts, ch 139, §9; 2006 Acts, ch 1042, §31
Iowa Code § 554.9510 — IA Code / Title XIII / Chapter 554 / Section 554.9510
Effectiveness of filed record.
Status: in_force

(1) A filed record is effective only to the extent that it was filed by a person that may file it under section 554.9509 or by the filing office under section 554.9513A.

(2) A record authorized by one secured party of record does not affect the financing statement with respect to another secured party of record.

(3) A continuation statement that is not filed within the six-month period prescribed by section 554.9515, subsection 4, is ineffective.

2000 Acts, ch 1149, §81, 187; 2021 Acts, ch 183, §9
Iowa Code § 390.23 — IA Code / Title IX / Chapter 390 / Section 390.23
No personal liability on public bonds or obligations.
Status: in_force

An official, director, member of an electric power agency, or any person executing public bonds or obligations shall not be liable personally on the public bonds or obligations or be subject to any personal liability or accountability by reason of the issuance of such public bonds or obligations.

2001 Acts, 1st Ex, ch 4, §31, 36CS2001, §476A.342010 Acts, ch 1018, §21C2011, §390.23
Iowa Code § 190B.101 — IA Code / Title V / Chapter 190B / Section 190B.101
Definitions.
Status: in_force

As used in this subchapter, unless the context otherwise requires:

(1) “Department” means the department of revenue.

(2) “Tax credit” means the from farm to food donation tax credit as established in this subchapter.

2013 Acts, ch 140, §139, 147; 2021 Acts, ch 80, §92
Iowa Code § 501.821 — IA Code / Title XII / Chapter 501 / Section 501.821
Grounds for judicial dissolution.
Status: in_force

The district court may dissolve a cooperative in any of the following ways:

(1) A proceeding by the attorney general, if it is established that either of the following apply:

(1) (a) The cooperative obtained its articles of association through fraud.

(1) (b) The cooperative has continued to exceed or abuse the authority conferred upon it by law.

(2) A proceeding by a member if it is established that any of the following conditions exist:

(2) (a) The directors are deadlocked in the management of the cooperative’s affairs, the members are unable to break the deadlock, and either irreparable injury to the cooperative is threatened or being suffered, or the business and affairs of the cooperative can no longer be conducted to the advantage of the interest holders generally, because of the deadlock.

(2) (b) The directors or those in control of the cooperative have acted, are acting, or will act in a manner that is illegal, oppressive, or fraudulent.

(2) (c) The members are deadlocked in voting power and have failed, for a period that includes at least two consecutive annual meeting dates, to elect successors to directors whose terms have expired.

(2) (d) The cooperative’s assets are being misapplied or wasted.

(3) A proceeding by a creditor if it is established that either of the following apply:

(3) (a) The creditor’s claim has been reduced to judgment, the execution on the judgment returned unsatisfied, and the cooperative is insolvent.

(3) (b) The cooperative has admitted in writing that the creditor’s claim is due and owing and the cooperative is insolvent.

(4) A proceeding by the cooperative to have its voluntary dissolution continued under court supervision.

98 Acts, ch 1152, §63, 69
Iowa Code § 422.11D — IA Code / Title X / Chapter 422 / Section 422.11D
Historic preservation tax credit.
Status: in_force

The taxes imposed under this subchapter, less the credits allowed under section 422.12, shall be reduced by a historic preservation tax credit allowed under chapter 404A.

2000 Acts, ch 1194, §10; 2005 Acts, ch 179, §64; 2007 Acts, ch 161, §5, 22; 2007 Acts, ch 165, §4, 9; 2012 Acts, ch 1138, §31; 2014 Acts, ch 1118, §8, 12; 2015 Acts, ch 30, §116; 2017 Acts, ch 29, §119; 2020 Acts, ch 1062, §94
Iowa Code § 354.22 — IA Code / Title IX / Chapter 354 / Section 354.22
Vacation of official plats.
Status: in_force

(1) The proprietors of lots within an official plat who wish to vacate any portion of the official plat shall file a petition for vacation with the governing body which would have jurisdiction to approve the plat at the time the petition is filed. After the petition has been filed, the governing body shall fix the time and place for public hearing on the petition. Written notice of the proposed vacation shall be served in the manner of original notices as provided in Iowa rules of civil procedure and be served upon proprietors and mortgagees within the official plat that are within three hundred feet of the area to be vacated. If a portion of the official plat adjoins a river or state-owned lake, the Iowa department of natural resources shall be served written notice of the proposed vacation. Notice of the proposed vacation shall be published twice, with fourteen days between publications, stating the date, time, and place of the hearing.

(2) The official plat or portion of the official plat shall be vacated upon recording of all of the following documents:

(2) (a) An instrument signed, executed, and acknowledged by all the proprietors and mortgagees within the area of the official plat to be vacated, declaring the plat to be vacated. The instrument shall state the existing lot description for each proprietor along with an accurate description to be used to describe the land after the lots are vacated.

(2) (b) A resolution by the governing body approving the vacation and providing for the conveyance of those areas included in the vacation which were previously set aside or dedicated for public use.

(2) (c) A certificate of the auditor that the vacated part of the plat can be adequately described for assessment and taxation purposes without reference to the vacated lots.

(3) No part of this section authorizes the closing or obstructing of public highways.

(4) The vacation of a portion of an official plat shall not remove or otherwise affect a recorded restrictive covenant, protective covenant, building restriction, or use restriction. Recorded restrictions on the use of property within an official plat shall be modified or revoked by recording a consent to the modification or removal, signed and acknowledged by the proprietors and mortgagees within the official plat.

90 Acts, ch 1236, §36C91, §409A.2292 Acts, ch 1055, §1C93, §354.222010 Acts, ch 1061, §180
Iowa Code § 633.72 — IA Code / Title XV / Chapter 633 / Section 633.72
Manner of service.
Status: repealed

Repealed by 2018 Acts, ch 1027, §7, 9.
Iowa Code § 313A.5 — IA Code / Title VIII / Chapter 313A / Section 313A.5
Acquiring existing bridge — bonds.
Status: in_force

Whenever the department deems it necessary or advantageous and practical, it may acquire by gift, purchase, or condemnation any interstate bridge which connects with or may be connected with the public highways and the approaches thereto, except that the department may not condemn an existing interstate bridge used for interstate highway traffic and combined highway and railway traffic and presently owned by a municipality, or a person, firm, or corporation engaged in interstate commerce. The department may also acquire by gift or purchase two or more existing interstate bridges and any partially constructed interstate bridge, all located within ten miles of each other, complete the partially constructed bridge and dismantle the bridge which it is designed to replace. In connection with the acquisition of any such bridge, bridges, or partially constructed bridge, the department and any federal bridge commission or any city, county, or other political subdivision of the state are authorized to do all acts and things as in this chapter are provided for the establishing and constructing of toll bridges and operating, financing, and maintaining such bridges insofar as such powers and requirements are applicable to the acquisition of any toll bridge and its operation, financing, and maintenance. In so doing, they shall act in the same manner and under the same procedures as provided for establishing, constructing, operating, financing, and maintaining toll bridges insofar as such manner and procedures are applicable. Without limiting the generality of the above provisions, the department is hereby authorized to cause surveys to be made to determine the propriety of acquiring any such bridge and the rights-of-way necessary therefor, and other facilities necessary to carry out the provisions hereof; to issue, sell, redeem bonds or issue and exchange bonds with present holders of outstanding bonds of bridges being acquired under the provisions of this chapter and deposit and pay out of the proceeds of the bonds for the financing thereof, to impose, collect, deposit, and expend tolls therefrom; to secure and remit financial and other assistance in connection with the purchase thereof; and to carry insurance thereon.

[C71, 73, 75, 77, 79, 81, §313A.5]
Iowa Code § 185.18 — IA Code / Title V / Chapter 185 / Section 185.18
Counting.
Status: in_force

At the close of a referendum voting period, the secretary shall count and tabulate the ballots cast during the referendum period.

[C73, 75, 77, 79, 81, §185.18]
Iowa Code § 522E.7 — IA Code / Title XIII / Chapter 522E / Section 522E.7
Endorsee conduct.
Status: in_force

An endorsee may act on behalf of and under the supervision of a licensed portable electronics vendor in matters relating to transacting portable electronics insurance under that vendor’s license. The conduct of an endorsee acting within the scope of the endorsee’s employment or agency shall be deemed the conduct of the licensed portable electronics vendor for purposes of this chapter.

2015 Acts, ch 87, §7, 16
Iowa Code § 455H.102 — IA Code / Title XI / Chapter 455H / Section 455H.102
Scope.
Status: in_force

The environmental remediation standards established under this chapter shall be used for any response action or other site assessment or remediation that is conducted at a site enrolled pursuant to this chapter notwithstanding provisions regarding water quality in chapter 455B, subchapter III; hazardous conditions in chapter 455B, subchapter IV, part 4; hazardous waste and substance management in chapter 455B, subchapter IV, part 5; underground storage tanks, other than petroleum underground storage tanks, in chapter 455B, subchapter IV, part 8; and groundwater protection in chapter 455E.

97 Acts, ch 127, §2; 2011 Acts, ch 9, §7; 2021 Acts, ch 76, §150
Iowa Code § 633.446 — IA Code / Title XV / Chapter 633 / Section 633.446
Burden of proof.
Status: in_force

The burden of proving that a claim is unpaid shall not be placed upon the party filing a claim against the estate; but the personal representative may on the trial of the cause, subject the claimant to an examination on the question of payment or consideration, and the estate shall not be concluded or bound thereby.

[C97, §3340; S13, §3340; C24, 27, 31, 35, 39, §11962; C46, 50, 54, 58, 62, §635.58; C66, 71, 73, 75, 77, 79, 81, §633.446]
Iowa Code § 35B.8 — IA Code / Title I / Chapter 35B / Section 35B.8
Accounting system.
Status: repealed

Repealed by 2014 Acts, ch 1116, §54.
Iowa Code § 515.1 — IA Code / Title XIII / Chapter 515 / Section 515.1
Applicability.
Status: in_force

Corporations formed for the purpose of insurance, other than life insurance, shall be governed by the provisions of chapter 490, chapter 491, or chapter 504, except as modified by the provisions of this chapter. The provisions of this chapter relative to insurance companies shall apply to all such companies, partnerships, associations, or individuals, except those associations governed by the provisions of chapter 518 or 518A, companies governed by the provisions of chapter 508 or 514, societies governed by the provisions of chapter 512B, and organizations governed by the provisions of chapter 514B, whether incorporated or not.

[C73, §1122; C97, §1684; C24, 27, 31, 35, 39, §8896; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §515.1]85 Acts, ch 239, §5; 89 Acts, ch 288, §192; 2004 Acts, ch 1049, §191; 2004 Acts, ch 1175, §393; 2008 Acts, ch 1074, §3
Iowa Code § 20.6 — IA Code / Title I / Chapter 20 / Section 20.6
General powers and duties of board.
Status: in_force

The board shall:

(1) Administer the provisions of this chapter and delegate the powers and duties of the board to persons employed by the board, as appropriate.

(2) Collect, for public employers other than the state and its boards, commissions, departments, and agencies, data and conduct studies relating to wages, hours, benefits, and other terms and conditions of public employment and make the same available to any interested person or organization.

(3) Establish minimum qualifications for arbitrators and mediators, establish procedures for appointing, maintaining, and removing from a list persons representative of the public to be available to serve as arbitrators and mediators, and establish compensation rates for arbitrators and mediators.

(4) Hold hearings and administer oaths, examine witnesses and documents, take testimony and receive evidence, issue subpoenas to compel the attendance of witnesses and the production of records, and delegate such power to a member of the board, persons appointed or employed by the board, including administrative law judges, or administrative law judges employed by the division of administrative hearings created by section 10A.801, for the performance of its functions. The board may petition the district court at the seat of government or of the county where a hearing is held to enforce a board order compelling the attendance of witnesses and production of records.

(5) Adopt rules in accordance with the provisions of chapter 17A as it may deem necessary to carry out the purposes of this chapter.

(6) Appoint a certified shorthand reporter to report state employee grievance and discipline resolution proceedings pursuant to section 8A.415 and fix a reasonable amount of compensation for such service and for any transcript requested by the board, which amounts shall be taxed as other costs.

(7) Contract with a vendor as the board may deem necessary to conduct elections required by section 20.15 on behalf of the board. The board shall establish fees by rule pursuant to chapter 17A to cover the cost of elections required by section 20.15. Such fees shall be paid in advance of an election and shall be paid by each employee organization listed on the ballot.

[C75, 77, 79, 81, §20.6]88 Acts, ch 1109, §5; 91 Acts, ch 174, §1; 98 Acts, ch 1202, §28, 46; 2010 Acts, ch 1165, §6; 2017 Acts, ch 2, §2, 3, 26, 27; 2023 Acts, ch 19, §2158; 2024 Acts, ch 1170, §173
Iowa Code § 309.94 — IA Code / Title VIII / Chapter 309 / Section 309.94
Review by department.
Status: in_force

The department shall approve or disapprove the budget adopted by the board of supervisors. If the budget is not approved, the department shall state the reasons for disapproval when the budget is returned to the county. The department shall act upon a budget and return the budget to the county not later than June 1. Upon disapproval of any proposed expenditure in a budget, the county may submit a revised budget to the department for approval. The department shall act upon the revised budget within thirty days.

[C58, 62, 66, 71, 73, 75, 77, 79, 81, §309.94]84 Acts, ch 1102, §7
Iowa Code § 486A.805 — IA Code / Title XII / Chapter 486A / Section 486A.805
Statement of dissolution.
Status: in_force

(1) After dissolution, a partner who has not wrongfully dissociated may file a statement of dissolution stating the name of the partnership and that the partnership has dissolved and is winding up its business.

(2) A statement of dissolution cancels a filed statement of partnership authority for the purposes of section 486A.303, subsection 4, and is a limitation on authority for the purposes of section 486A.303, subsection 5.

(3) For the purposes of sections 486A.301 and 486A.804, a person not a partner is deemed to have notice of the dissolution and the limitation on the partners’ authority as a result of the statement of dissolution ninety days after it is filed.

(4) After filing and, if appropriate, recording a statement of dissolution, a dissolved partnership may file and, if appropriate, record a statement of partnership authority which will operate with respect to a person not a partner as provided in section 486A.303, subsections 4 and 5, in any transaction, whether or not the transaction is appropriate for winding up the partnership business.

98 Acts, ch 1201, §42, 79, 82