FrankGoortani/open-us-law huggingface dataset:
Iowa Code § 633.551 — IA Code / Title XV / Chapter 633 / Section 633.551
General provisions.
Status: in_force

(1) The determination of incompetency of the adult respondent to a petition for guardianship or conservatorship or an adult subject to guardianship or conservatorship shall be supported by clear and convincing evidence.

(2) The burden of persuasion is on the petitioner in an initial proceeding to appoint a guardian or conservator. In a proceeding to modify or terminate a guardianship or conservatorship, if the guardian or conservator is the petitioner, the burden of persuasion remains with the guardian or conservator. In a proceeding to terminate a guardianship or conservatorship, if the protected person is the petitioner, the protected person shall make a prima facie showing of some decision-making capacity. Once a prima facie showing is made, the burden of persuasion is on the guardian or conservator to show by clear and convincing evidence that the protected person is incompetent.

(3) In determining whether a guardianship or conservatorship is to be established, modified, or terminated, the district court shall consider if a limited guardianship or conservatorship pursuant to section 633.635 or 633.637 is appropriate. In making the determination, the court shall make findings of fact to support the powers conferred on the guardian or conservator.

(4) In proceedings to establish, modify, or terminate a guardianship or conservatorship, in determining if the respondent or protected person is incompetent as defined in section 633.3, the court shall consider credible evidence as to whether there are other less restrictive alternatives, including third-party assistance, that would meet the needs of the respondent or the protected person. However, neither party to the action shall have the burden to produce such evidence relating to other less restrictive alternatives, including but not limited to third-party assistance.

(5) Except as otherwise provided in sections 633.672 and 633.673, in proceedings to establish a guardianship or conservatorship, the costs, including attorney fees, court visitor fees, and expert witness fees, shall be assessed against the respondent or the respondent’s estate unless the proceeding is dismissed either voluntarily or involuntarily, in which case fees and costs may be assessed against the petitioner for good cause shown.

(6) Except as otherwise provided in this subchapter, the Iowa rules of civil procedure shall govern proceedings to establish, modify, or terminate a guardianship or conservatorship.

97 Acts, ch 178, §4; 2007 Acts, ch 134, §15, 28; 2019 Acts, ch 57, §9, 43, 44; 2020 Acts, ch 1062, §66
Iowa Code § 607A.35 — IA Code / Title XV / Chapter 607A / Section 607A.35
Notice to report.
Status: in_force

After the jurors have been identified in the manner provided in section 607A.33, and immediately upon the request of the court, the clerk shall issue a notice to report, by regular mail, to the persons identified to appear at the courthouse at times as the court prescribes, for service as petit or grand jurors.

86 Acts, ch 1108, §43; 2017 Acts, ch 133, §20; 2018 Acts, ch 1026, §168
Iowa Code § 508D.1 — IA Code / Title XIII / Chapter 508D / Section 508D.1
Title.
Status: in_force

This chapter shall be cited as the “Multistate Life and Health Insurance Resolution Facility Act”.

94 Acts, ch 1011, §1
Iowa Code § 356.24 — IA Code / Title IX / Chapter 356 / Section 356.24
Protecting prisoners.
Status: in_force

The officer having a prisoner in charge shall protect the prisoner from insult and annoyance and communication with others while at labor, and in going to and returning from the same, and may use such means as are necessary and proper therefor.

[C73, §4743; C97, §5659; C24, 27, 31, 35, 39, §5520; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §356.24]
Iowa Code § 537.6112 — IA Code / Title XIII / Chapter 537 / Section 537.6112
Temporary relief.
Status: in_force

With respect to an action brought to enjoin violations of this chapter under section 537.6110 or unconscionable agreements or fraudulent or unconscionable conduct under section 537.6111, the administrator may apply to the court for appropriate temporary relief against a defendant, pending final determination of the action. The court may grant appropriate temporary relief.

[C75, 77, 79, 81, §537.6112]
Iowa Code § 600B.31A — IA Code / Title XV / Chapter 600B / Section 600B.31A
Parties to and court issuing original order — notice.
Status: in_force

(1) If a proceeding is initiated in a court for an adoption involving the children of parents whose paternity, obligation for support, or custody determination has been determined under this chapter or for modification of a child support or custody order granted under this chapter, the following requirements shall be met if the proceedings are initiated in a court other than the court which issued the original order:

(1) (a) The party initiating the proceedings shall present to the court the names and addresses of the parties to the original proceeding, if known, as well as the name and place of the court which issued the original order and the date of the original order.

(1) (b) The court in which the proceedings are initiated shall cause notice of the proceedings to be served upon all the parties to the original order unless the parties are deceased.

(2) The court in which the proceedings are initiated or any party to the proceedings may also request that a copy of the transcript of the proceedings of the court which issued the original order be made available for consideration in the new proceedings.

2006 Acts, ch 1096, §1; 2013 Acts, ch 30, §261
Iowa Code § 308.3 — IA Code / Title VIII / Chapter 308 / Section 308.3
Definitions.
Status: in_force

As used in this chapter:

(1) “Conservation area” means land in which the state department of transportation or the department of natural resources has acquired rights, other than that land necessary for a right-of-way.

(2) “Great river road” means a scenic and recreational highway consisting of a designated system of roads and streets along the Mississippi river in this state.

(3) “National parkway” has the same meaning as defined in Pub. L. No. 93-87, first session, Ninety-third Congress of the United States.

(4) “Right-of-way” means land area dedicated to public use for a highway and its maintenance, and includes land acquired in fee simple or by permanent easement for highway purposes, but does not include temporary easements or rights for supplementary highway appurtenances.

(5) “A scenic and recreational highway” means a public highway designated to allow enjoyment of aesthetic and scenic views, points of historical, archaeological and scientific interest, state parks and other recreational areas and includes both the right-of-way and conservation area.

(6) “Scenic easement” means a servitude which is acquired by gift, purchase, exchange or condemnation and is designed to permit land to remain in private ownership for its normal agricultural, residential or other use and, at the same time, to restrict and control the future use of the land for the purpose of preserving, restoring or enhancing the natural and historic beauty of the land subject to the scenic easement.

(7) “Secretary”, “parkway”, “scenic landscape”, “sightly or safety easement”, “access”, “parkway road”, “parkway development”, “frontage” and other similar terms have the same meaning as defined in any Act of the Congress of the United States related to a national parkway.

[C62, 66, 71, 73, 75, 77, 79, 81, §308.3]86 Acts, ch 1245, §1928; 2006 Acts, ch 1010, §85; 2008 Acts, ch 1032, §44
Iowa Code § 638.18 — IA Code / Title XV / Chapter 638 / Section 638.18
Relation to Electronic Signatures in Global and National Commerce Act.
Status: in_force

This chapter modifies, limits, or supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. §7001 et seq., but does not modify, limit, or supersede section 101(c) of that Act, 15 U.S.C. §7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of that Act, 15 U.S.C. §7003(b).

2017 Acts, ch 79, §21
Iowa Code § 714H.1 — IA Code / Title XVI / Chapter 714H / Section 714H.1
Title.
Status: in_force

This chapter shall be known and may be cited as the “Private Right of Action for Consumer Frauds Act”.

2009 Acts, ch 167, §1, 9
Iowa Code § 507E.5 — IA Code / Title XIII / Chapter 507E / Section 507E.5
Confidentiality.
Status: in_force

(1) All investigation files, investigation reports, and all other investigative information in the possession of the bureau are confidential records under chapter 22 except as specifically provided in this section and are not subject to discovery, subpoena, or other means of legal compulsion for their release until opened for public inspection by the bureau, or upon the consent of the bureau, or until a court of competent jurisdiction determines, after notice to the bureau and hearing, that the bureau will not be unnecessarily hindered in accomplishing the purposes of this chapter by their opening for public inspection. However, investigative information in the possession of the bureau may be disclosed, in the commissioner’s discretion, to appropriate licensing authorities within this state, another state or the District of Columbia, or a territory or country in which a licensee is licensed or has applied for a license.

(2) The commissioner may share documents, materials, or other information, including confidential and privileged documents, materials, or other information, with other state, federal, and international regulatory agencies, with the national association of insurance commissioners and its affiliates or subsidiaries, and with state, federal, and international law enforcement authorities, provided that the recipient agrees to maintain the confidential and privileged status of the document, material, or other information, pursuant to Iowa law.

(3) The commissioner may receive documents, materials, or other information, including otherwise confidential and privileged documents, materials, or other information, from other local, state, federal, and international regulatory agencies, the national association of insurance commissioners and its affiliates or subsidiaries, and local, state, federal, and international law enforcement authorities, and shall maintain as confidential and privileged any document, material, or other information received with notice or the understanding that it is confidential or privileged under the laws of the jurisdiction that is the source of the document, material, or other information.

(4) The commissioner may enter into agreements governing the sharing and use of documents, materials, or other information consistent with this section.

(5) An insurance fraud bureau investigator or other staff member of the bureau is not subject to subpoena in a civil action concerning any matter of which the bureau investigator or other staff member has knowledge pursuant to a pending or continuing investigation being conducted by the bureau pursuant to this chapter.

94 Acts, ch 1072, §5; 2006 Acts, ch 1117, §30; 2020 Acts, ch 1016, §3
Iowa Code § 321.435 — IA Code / Title VIII / Chapter 321 / Section 321.435
Motorcycles equipped with detachable stabilizing wheels.
Status: in_force

Notwithstanding any other provision of law, a motor vehicle that is originally designed as a two-wheeled motorcycle and is modified using conversion hardware which allows for the attachment and detachment of two stabilizing rear wheels may be operated on a highway with the stabilizing wheels attached in accordance with the provisions of this chapter applicable to motorcycles. A motorcycle shall not be determined to be reconstructed based on the sole fact that two stabilizing wheels have been added as described in this section.

2011 Acts, ch 15, §1
Iowa Code § 15.104 — IA Code / Title I / Chapter 15 / Section 15.104
Duties of the board.
Status: repealed

Repealed by 2012 Acts, ch 1126, §38.
Iowa Code § 536A.30 — IA Code / Title XIII / Chapter 536A / Section 536A.30
Nonresident licensees — face-to-face solicitation.
Status: in_force

Notwithstanding other provisions of this chapter to the contrary, a person that neither has an office physically located in this state nor engages in face-to-face solicitation in this state, if authorized by another state to make loans in that state at a rate of finance charge in excess of the rate provided in chapter 535, shall not be subject to the following provisions of this chapter:

(1) Section 536A.8.

(2) Section 536A.10, subsection 1, paragraphs “b”, “c”, and “d”.

(3) Section 536A.15, to the extent it requires the superintendent to make an examination and audit of the books, accounts and records of the licensee on a periodic basis.

[C75, 77, 79, 81, §536A.30]89 Acts, ch 257, §30; 2002 Acts, ch 1119, §185; 2006 Acts, ch 1042, §47; 2012 Acts, ch 1023, §156
Iowa Code § 135.145 — IA Code / Title IV / Chapter 135 / Section 135.145
Information sharing.
Status: in_force

(1) When the department of public safety or other federal, state, or local law enforcement agency learns of a case of a disease or health condition, unusual cluster, or a suspicious event that may be the cause of a public health disaster, the department or agency shall immediately notify the department, the director of the department of homeland security and emergency management, the department of agriculture and land stewardship, and the department of natural resources as appropriate.

(2) When the department learns of a case of a disease or health condition, an unusual cluster, or a suspicious event that may be the cause of a public health disaster, the department shall immediately notify the department of public safety, the department of homeland security and emergency management, and other appropriate federal, state, and local agencies and officials.

(3) Sharing of information on diseases, health conditions, unusual clusters, or suspicious events between the department and public safety authorities and other governmental agencies shall be restricted to sharing of only the information necessary for the prevention, control, and investigation of a public health disaster.

(4) Release of information pursuant to this section shall be consistent with the federal Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191.

2003 Acts, ch 33, §6, 11; 2003 Acts, ch 179, §157; 2006 Acts, ch 1079, §1; 2013 Acts, ch 29, §46
Iowa Code § 726.21 — IA Code / Title XVI / Chapter 726 / Section 726.21
Short title.
Status: in_force

This subchapter shall be known as and may be cited as the “Child Identification and Protection Act”.

2005 Acts, ch 132, §1
Iowa Code § 403A.24 — IA Code / Title IX / Chapter 403A / Section 403A.24
Chapter controlling.
Status: in_force

The provisions of this chapter shall be controlling, notwithstanding anything to the contrary contained in any other law of this state, or local ordinance. Any action of a municipality or the governing body thereof in carrying out the purposes of this chapter, whether by resolution, ordinance or otherwise, shall be deemed administrative in character, and no public notice or publication need be made with respect to such action taken.

[C62, 66, 71, 73, 75, 77, 79, 81, §403A.24]
Iowa Code § 558B.1 — IA Code / Title XIV / Chapter 558B / Section 558B.1
Definitions.
Status: in_force

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

(1) (a) “Common interest community” means real estate described in a declaration with respect to which a person, by virtue of the person’s ownership of a unit, is obligated to pay for a share of real estate taxes, insurance premiums, maintenance, or improvement of, or services or other expenses related to, common elements, other units, or other real estate described in the declaration. “Common interest community” includes a planned community, a cooperative under chapter 499A, and a horizontal property regime under chapter 499B.

(1) (b) “Common interest community” does not include any of the following:

(1) (b) A covenant that requires the owners of separate parcels of real estate to share costs or other obligations related to a wall, driveway, well, or other similar structure, unless all such owners consent in writing to the creation of a common interest community.

(1) (b) Real estate described in paragraph “a” if all units are owned by a single owner.

(2) “Consumer” means a natural person being provided a service under a service agreement, or the natural person’s legal representative.

(3) “Record” means presentation of a document to a county recorder in this state for official placement in the public land records.

(4) “Residential real estate” means real property located in this state which is used primarily for personal, family, or household purposes and is improved by one to four dwelling units.

(5) “Service agreement” means a contract under which a person agrees to provide a service in connection with the maintenance of, the purchase of, or the sale of, residential real estate.

2023 Acts, ch 47, §1
Iowa Code § 425A.8 — IA Code / Title X / Chapter 425A / Section 425A.8
False claim — penalty.
Status: in_force

(1) A person making a false claim or affidavit with fraudulent intent to obtain the credit under section 425A.3 is guilty of a fraudulent practice and the claim shall be disallowed in full. If the credit has been paid, the amount of the credit plus a penalty equal to twenty-five percent of the amount of credit plus interest, at the rate in effect under section 421.7, from the time of payment shall be collected by the county treasurer in the same manner as other property taxes, penalty, and interest are collected and when collected shall be paid to the director of revenue.

(2) A person who fails to notify the assessor of a change in the person who is actively engaged in farming the tract for which the credit under section 425A.3 is allowed shall be liable for the amount of the credit plus a penalty equal to five percent of the amount of the credit. The amounts shall be collected by the county treasurer in the same manner as other property taxes and any penalty are collected and when collected shall be paid to the director of revenue.

90 Acts, ch 1250, §17; 2001 Acts, ch 154, §4, 6; 2003 Acts, ch 145, §286; 2021 Acts, ch 76, §150
Iowa Code § 327D.11 — IA Code / Title VIII / Chapter 327D / Section 327D.11
Reconsignment without charge.
Status: in_force

Upon request of the consignee it shall be the duty of any common carrier of freight to reconsign, rebill, and reship from any place of destination within the state to any other place within the state any property in carload lots brought to said place of destination over its own or other line and treat the same in all respects as an original shipment between such places, provided the charges to first place of destination are paid or secured to the satisfaction of such corporation.

[S13, §2157-r; C24, 27, 31, 35, 39, §8047; C46, 50, 54, 58, 62, 66, 71, 73, 75, §479.12; C77, 79, 81, §327D.11]
Iowa Code § 524.1401 — IA Code / Title XIII / Chapter 524 / Section 524.1401
Authority to merge.
Status: in_force

(1) Upon compliance with the requirements of this chapter, one or more state banks, one or more out-of-state banks, one or more national banks, one or more federal savings associations, one or more corporations, or any combination of these entities, with the approval of the superintendent, may merge into a state bank pursuant to a plan of merger.

(2) Upon compliance with the requirements of this chapter, one or more state banks may merge into a national bank, federal savings association, or out-of-state bank. The authority of a state bank to merge into a national bank or federal savings association is subject to the condition that at the time of the transaction the laws of the United States shall authorize a national bank or federal savings association located in this state, without approval by the comptroller of the currency of the United States, to merge into a state bank under limitations no more restrictive than those contained in this chapter with respect to the merger of a state bank into a national bank or federal savings association. The authority of a state bank to merge into an out-of-state bank is subject to the condition that at the time of the transaction the laws of the home state of the resulting bank shall authorize a bank organized under the laws of such home state, without approval by the home state’s bank regulatory authority, to merge into a state bank under limitations no more restrictive than those contained in this chapter with respect to the merger of a state bank into an out-of-state bank.

(3) As used in this section, the term “merger” or “merge” means any plan by which the assets and liabilities of an entity are combined with those of one or more other entities, including transactions in which one of the corporate entities survives and transactions in which a new corporate entity is created.

[C54, 58, 62, 66, §528B.1 – 528B.3; C71, 73, 75, 77, 79, 81, §524.1401]95 Acts, ch 148, §108; 2012 Acts, ch 1017, §109; 2022 Acts, ch 1062, §116
Iowa Code § 557A.18 — IA Code / Title XIV / Chapter 557A / Section 557A.18
Financing of time-share programs.
Status: in_force

In the financing of a time-share program, the developer shall retain financial records of the schedule of payments required to be made and the payments made to any person or entity which is the holder of an underlying blanket mortgage, deed of trust, contract of sale, or other lien or encumbrance. Any transfer of the developer’s interest in the time-share program to a person other than purchaser of a unit shall be subject to the obligations of the developer.

85 Acts, ch 155, §18
Iowa Code § 468.543 — IA Code / Title XI / Chapter 468 / Section 468.543
Notice.
Status: in_force

The board shall give ten days’ notice of the meeting described under section 468.542 in the same manner as required in relation to the issuance of bonds under chapter 73A.

[C27, 31, 35, §7714-b4; C39, §7714.04; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §463.4]89 Acts, ch 126, §2CS89, §468.5432019 Acts, ch 59, §165
Iowa Code § 317.1 — IA Code / Title VIII / Chapter 317 / Section 317.1
Definitions.
Status: in_force

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

(1) “Book”, “list”, “record”, or “schedule” kept by a county auditor, assessor, treasurer, recorder, sheriff, or other county officer means the county system as defined in section 445.1.

(2) “Commissioner” means the county weed commissioner or the commissioner’s deputy within each county.

(3) “Department” means the department of agriculture and land stewardship.

2000 Acts, ch 1148, §1; 2010 Acts, ch 1069, §86; 2010 Acts, ch 1193, §49; 2018 Acts, ch 1047, §1