FrankGoortani/open-us-law huggingface dataset:
Iowa Code § 523I.212 — IA Code / Title XIII / Chapter 523I / Section 523I.212
Receiverships.
Status: in_force

(1) The commissioner may notify the attorney general of the potential need for establishment of a receivership if a receivership is requested or consented to by a cemetery subject to this chapter.

(2) The commissioner shall notify the attorney general of the potential need for establishment of a receivership if the commissioner finds that a cemetery subject to this chapter meets one or more of the following conditions:

(2) (a) Is insolvent.

(2) (b) Has utilized trust funds for personal or business purposes in a manner inconsistent with this chapter.

(2) (c) The amount held in trust in a maintenance fund or care fund is less than the amount required by this chapter.

(2) (d) A receivership has been established for a seller subject to chapter 523A who owns or operates a cemetery that is subject to this chapter.

(3) The commissioner or attorney general may apply to the district court in any county of the state for the establishment of a receivership. Upon proof that any of the conditions described in this section have occurred, the court may grant a receivership. The commissioner may request that the insurance division be named as a receiver or that the court appoint a third party as a receiver. If the division is appointed as a receiver, the division shall not be subject to the requirements concerning an oath and surety bond contained in section 680.3.

(4) In addition to the powers granted to receivers under chapter 680, a receiver appointed under this section shall be granted all powers necessary to locate and to temporarily preserve and protect perpetual care trust funds, consumer and business assets, interment records, records of consumer purchases of interment rights, and records of consumer purchases of funeral services and funeral or cemetery merchandise as defined in chapter 523A. The receiver shall also be granted such powers as are necessary in the course of the receivership to temporarily preserve and protect a cemetery or burial site and to temporarily restore or sustain cemetery operations, including interments, as operating funds or trust funds become available.

(5) The commissioner may petition the court to terminate a receivership at any time and to enter such orders as are necessary to transfer the duty to preserve and protect the physical integrity of the cemetery or burial site, the interment records, and other records documenting consumer purchases of interment rights to the applicable governmental subdivision, as provided in section 523I.316, subsection 3. The court shall grant the petition if following the first one hundred twenty days of the receivership such duty to preserve and protect cannot be reasonably assumed by a private entity, association, or by other means.

2005 Acts, ch 128, §20; 2007 Acts, ch 175, §38 – 40; 2017 Acts, ch 14, §2
Iowa Code § 455B.517 — IA Code / Title XI / Chapter 455B / Section 455B.517
Section 455B.517
Status: repealed

Repealed by 2013 Acts, ch 12, §26.
Iowa Code § 511.10 — IA Code / Title XIII / Chapter 511 / Section 511.10
Rule of valuation.
Status: in_force

(1) All bonds or other evidences of debt having a fixed term and rate, held by any fraternal beneficiary association authorized to do business in this state may, if amply secured and not in default as to principal and interest, be valued as follows:

(1) (a) If purchased at par, at the par value.

(1) (b) If purchased above or below par, on the basis of the purchase price adjusted so as to bring the value to par at maturity and so as to yield in the meantime the effective rate of interest at which the purchase was made.

(2) Provided that the purchase price shall in no case be taken at a higher figure than the actual market value at the time of purchase.

(3) The commissioner of insurance shall have full discretion in determining the method of calculating values according to the foregoing rule.

[C24, 27, 31, 35, 39, §8746; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §511.10]2012 Acts, ch 1023, §157
Iowa Code § 513B.31 — IA Code / Title XIII / Chapter 513B / Section 513B.31
Section 513B.31
Status: repealed

Repealed by 2001 Acts, ch 69, §38, 39.
Iowa Code § 323.10 — IA Code / Title VIII / Chapter 323 / Section 323.10
Intent.
Status: in_force

The provisions of this chapter are enacted in the exercise of the police powers of this state for the purpose of protecting the health, safety and general welfare of the people of this state and because methods and practices in the marketing and distribution of motor fuel and special fuel have impaired the availability to the public of the fuel and the services supplied by distributors and dealers who have entered into a franchise agreement with their respective suppliers.

[C75, 77, 79, 81, §323.10]
Iowa Code § 527.10 — IA Code / Title XIII / Chapter 527 / Section 527.10
Confidentiality.
Status: in_force

(1) A satellite terminal, data processing center, or central routing unit shall not be operated in any manner to permit any person to obtain information concerning the account of any person with a financial institution, unless such information is essential to complete or prevent the completion of a transaction then being engaged in through the use of that facility.

(2) A financial institution, data processing center, central routing unit, or other person shall not disseminate any information relating to the use of a multiple use terminal without the written authorization of the retailer on whose premises the terminal is located, or of the owner or operator of the terminal or the financial institution controlling the terminal. This section shall not, however, prohibit or restrict the use of information received in the processing, authorization, or rejection of a requested electronic funds transfer transaction, where such use is necessary or incidental to the processing, authorization, or rejection, or to reconciling disputes or resolving questions raised by a retailer, financial institution, consumer, or any other person regarding the transaction.

[C77, 79, 81, §527.10]87 Acts, ch 158, §15; 2021 Acts, ch 76, §150
Iowa Code § 556.10 — IA Code / Title XIV / Chapter 556 / Section 556.10
Reciprocity for property presumed abandoned or escheated under the laws of another state.
Status: in_force

If specific property which is subject to the provisions of sections 556.2, 556.5, 556.6, 556.7 and 556.9 is held for or owed or distributable to an owner whose last known address is in another state by a holder who is subjected to the jurisdiction of that state, the specific property is not presumed abandoned in this state and subject to this chapter if:

(1) It may be claimed as abandoned or escheated under the laws of such other state; and

(2) The laws of such other state make reciprocal provision that similar specific property is not presumed abandoned or escheatable by such other state when held for or owed or distributable to an owner whose last known address is within this state by a holder who is subject to the jurisdiction of this state.

[C71, 73, 75, 77, 79, 81, §556.10]
Iowa Code § 538A.14 — IA Code / Title XIII / Chapter 538A / Section 538A.14
Remedies cumulative.
Status: in_force

The remedies provided by this chapter are in addition to other remedies provided by law.

89 Acts, ch 183, §14CS89, §533C.14C93, §538A.14
Iowa Code § 428.29 — IA Code / Title X / Chapter 428 / Section 428.29
Assessment and certification.
Status: in_force

The department of revenue shall on or before October 31 each year proceed to determine, upon the basis of the data required in the report under section 428.28 and any other information the department may obtain, the actual value of all property, subject to the department’s jurisdiction, of said individual, partnership, corporation, or association, and shall make assessments upon the taxable value of the property, as provided by section 441.21. The department of revenue shall, on or before October 31, certify to the county auditor of every county in the state the valuations fixed for assessment upon all such property in each and every taxing district in each county by the department of revenue. This valuation shall then be spread upon the books in the same manner as other valuations fixed by the department of revenue upon property assessed under the department’s jurisdiction.

[C31, 35, §6982-d2; C39, §6982.2; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §428.29]2003 Acts, ch 145, §286; 2008 Acts, ch 1032, §106; 2009 Acts, ch 60, §8; 2010 Acts, ch 1069, §52; 2015 Acts, ch 109, §18, 75
Iowa Code § 49A.9 — IA Code / Title II / Chapter 49A / Section 49A.9
Expenses.
Status: in_force

Expenses incurred under the provisions of this chapter shall be audited and allowed by the director of the department of administrative services and paid out of moneys appropriated to the state commissioner of elections.

[C97, §59; C24, 27, 31, 35, 39, §77; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §6.9]C93, §49A.92003 Acts, ch 145, §286; 2019 Acts, ch 24, §104; 2019 Acts, ch 129, §4, 7
Iowa Code § 238.19 — IA Code / Title VI / Chapter 238 / Section 238.19
Inspection generally.
Status: in_force

Authorized employees of the department of inspections, appeals, and licensing may inspect the premises and conditions of the agency at any time, examine every part of the agency, and inquire into all matters concerning the agency and the children in the care of the agency.

[S13, §3260-j; C24, §3669, 3684; C27, 31, 35, §3661-a76; C39, §3661.090; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §238.19]90 Acts, ch 1204, §552023 Acts, ch 19, §771, 1956
Iowa Code § 421.2 — IA Code / Title X / Chapter 421 / Section 421.2
Department of revenue.
Status: in_force

A department of revenue is created. The department shall be administered by a director of revenue who shall be appointed by the governor subject to confirmation by the senate and shall serve at the pleasure of the governor. If the office of the director becomes vacant, the vacancy shall be filled in the same manner as provided for the original appointment. Except for the Iowa lottery division under chapter 99G, the director may establish, abolish, and consolidate divisions within the department of revenue when necessary for the efficient performance of the various functions and duties of the department of revenue.

[C31, 35, §6943-c11, -c12, -c15, -c17; C39, §6943.010, 6943.011, 6943.014, 6943.016; C46, 50, 54, 58, 62, 66, §421.1, 421.2, 421.5, 421.7; C71, 73, 75, 77, 79, 81, §421.2]86 Acts, ch 1245, §419; 2003 Acts, ch 145, §2862024 Acts, ch 1182, §111
Iowa Code § 639.26 — IA Code / Title XV / Chapter 639 / Section 639.26
When property bound.
Status: in_force

Property capable of manual delivery, and attached otherwise than by garnishment, is bound thereby from the time manual custody thereof is taken by the officer under the attachment.

[C51, §1859, 1860, 1874; R60, §3194, 3215; C73, §2967, 2969; C97, §3898; C24, 27, 31, 35, 39, §12102; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §639.26]
Iowa Code § 704.1 — IA Code / Title XVI / Chapter 704 / Section 704.1
Reasonable force.
Status: in_force

(1) “Reasonable force” means that force and no more which a reasonable person, in like circumstances, would judge to be necessary to prevent an injury or loss and can include deadly force if it is reasonable to believe that such force is necessary to avoid injury or risk to one’s life or safety or the life or safety of another, or it is reasonable to believe that such force is necessary to resist a like force or threat.

(2) A person may be wrong in the estimation of the danger or the force necessary to repel the danger as long as there is a reasonable basis for the belief of the person and the person acts reasonably in the response to that belief.

(3) A person who is not engaged in illegal activity has no duty to retreat from any place where the person is lawfully present before using force as specified in this chapter.

[C51, §2773; R60, §4442; C73, §4112; C97, §5102; C24, 27, 31, 35, 39, §12921; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §691.1; C79, 81, §704.1; 81 Acts, ch 204, §2]2017 Acts, ch 69, §37
Iowa Code § 420.246 — IA Code / Title IX / Chapter 420 / Section 420.246
Tax and deed statutes applicable.
Status: in_force

Sections 446.16, 446.32, and 448.10 through 448.12 are applicable to cities acting under special charters, except that, where the word “treasurer” is used, there shall be substituted the words “city collector or treasurer or deputy treasurer or deputy or officer authorized to collect city taxes”; and where the word “auditor” is used, there shall be substituted the words “city clerk or recorder”.

[C97, §1020; S13, §1020; C24, 27, 31, 35, 39, §6895; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §420.246]83 Acts, ch 101, §85; 91 Acts, ch 191, §17; 2021 Acts, ch 80, §253
Iowa Code § 204.13 — IA Code / Title V / Chapter 204 / Section 204.13
Injunctive relief.
Status: repealed

Repealed by 2024 Acts, ch 1177, §44, 55.
Iowa Code § 444.7 — IA Code / Title X / Chapter 444 / Section 444.7
Excessive tax prohibited.
Status: in_force

It is a simple misdemeanor for the board of supervisors to authorize, or the county auditor to carry upon the tax lists for any year, an amount of tax for a public purpose in excess of the amount certified or authorized as provided by law. The department of management shall prescribe and furnish the county auditors forms and instructions to aid them in determining the legality and authorized amount of tax levies. The county auditor shall reduce an excessive levy to the maximum amount authorized by law, and not in excess of the amount certified; and the county auditor shall not enter or carry a tax on the tax lists for an illegal levy.

[C24, 27, 31, 35, 39, §7169; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §444.7]88 Acts, ch 1158, §75
Iowa Code § 357F.10 — IA Code / Title IX / Chapter 357F / Section 357F.10
Trustees’ powers.
Status: in_force

The trustees may purchase, own, rent, or maintain emergency medical services apparatus or equipment within the state or outside the territorial jurisdiction and boundary limits of this state, provide housing for such apparatus and equipment, provide emergency medical service and facilities, and may certify for levy taxes as provided in section 357F.8. The trustees may purchase material, employ emergency medical service and other personnel, and may perform all other acts necessary to properly maintain and operate the district. The trustees may contract with any city or county or public or private agency under chapter 28E for the purpose of providing emergency medical services under this chapter. The trustees are allowed necessary expenses in the discharge of their duties, but they shall not receive a salary.

92 Acts, ch 1226, §11; 2021 Acts, ch 174, §50
Iowa Code § 486A.1206 — IA Code / Title XII / Chapter 486A / Section 486A.1206
Appeal from secretary of state’s refusal to file document.
Status: in_force

(1) If the secretary of state refuses to file a document delivered to the secretary of state’s office for filing, the domestic or foreign partnership may appeal the refusal, within thirty days after the return of the document, to the district court for the county in which the partnership’s principal office is located or, if none is located in this state, for the county in which its registered office is or will be located. The appeal is commenced by petitioning the court to compel filing the document and by attaching to the petition the document and the secretary of state’s explanation of the refusal to file.

(2) The court may summarily order the secretary of state to file the document or take other action the court considers appropriate.

(3) The court’s final decision may be appealed as in other civil proceedings.

98 Acts, ch 1201, §65, 79, 82
Iowa Code § 491.5 — IA Code / Title XII / Chapter 491 / Section 491.5
Articles adopted and filed recording.
Status: in_force

(1) Before commencing any business except their own organization, they must adopt articles of incorporation, which must be signed and acknowledged by the incorporators. Said articles shall then be forwarded to the secretary of state. Upon the filing of such articles, the secretary of state shall issue a certificate of incorporation and record said articles in a book kept for that purpose.

(2) Such articles shall contain:

(2) (a) Name of corporation and its principal place of business.

(2) (b) The objects for which it is formed.

(2) (c) The amount of authorized capital stock, the classes of stock and number of shares authorized, with the par value and conditions of each class of such shares, and the time when and conditions under which it is to be paid in.

(2) (d) The time of commencement and existence of the corporation.

(2) (e) The names and addresses of the incorporators and the officers or persons its affairs are to be conducted by, and the times when and manner in which such officers will be elected.

(2) (f) Whether private property is to be exempt from corporate debts.

(2) (g) The manner in which the articles may be amended.

(2) (h) Any provision eliminating or limiting the personal liability of a director to the corporation or its shareholders or members for money damages as provided in section 490.202, subsection 2, paragraph “d”, except that section 490.202, subsection 2, paragraph “d”, subparagraph (1), subparagraph division (c), shall have no application.

(2) (i) Any provision permitting or making obligatory indemnification of a director as provided in section 490.202, subsection 2, paragraph “e”, except that section 490.202, subsection 2, paragraph “e”, subparagraph (3), shall have no application.

[C51, §675; R60, §1152; C73, §1060; C97, §1610; S13, §1610; C24, 27, 31, 35, 39, §8343; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §491.5]87 Acts, ch 212, §2; 88 Acts, ch 1170, §3; 94 Acts, ch 1055, §4; 2003 Acts, ch 66, §5, 6; 2012 Acts, ch 1023, §151, 157
Iowa Code § 523I.402 — IA Code / Title XIII / Chapter 523I / Section 523I.402
Removal of remains.
Status: in_force

(1) Upon a showing of good cause, a county cemetery commission may file suit in the district court in that county to have remains interred in a cemetery owned and operated by the commission removed to another cemetery. All persons in interest, known or unknown, other than the plaintiffs, shall be made defendants to the suit. If any parties are unknown, notice may be given by publication. After hearing and a showing of good cause for the removal, the court may order the removal of the remains and the remains shall be properly interred in another cemetery, at the expense of the county. The removal and reinterment of the remains shall be done pursuant to a disinterment permit issued under section 144.34 with due care and decency. In deciding whether to order the removal of interred remains, a court shall consider present or future access to the cemetery, the historical significance of the cemetery, and the wishes of the parties concerned if they are brought to the court’s attention, including the desire of any beneficiaries to reserve their rights to waive a reservation of rights in favor of removal, and shall exercise the court’s sound discretion in granting or refusing the removal of interred remains.

(2) Any heir at law or descendent of a deceased person interred in a neglected cemetery may file suit in the district court in the county where the cemetery is located to have the deceased person’s remains interred in the cemetery removed to another cemetery. The owner of the land, any beneficiaries of any reservation of rights, and any other persons in interest, known or unknown, other than the plaintiffs shall be made defendants. If any parties are unknown, notice may be given by publication. After hearing and upon a showing of good cause, the court may order removal and the proper interment of the remains in another cemetery, at the expense of the petitioner. The removal and reinterment shall be done with due care and decency.

2005 Acts, ch 128, §40
Iowa Code § 709D.2 — IA Code / Title XVI / Chapter 709D / Section 709D.2
Definitions.
Status: in_force

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

(1) “Contagious or infectious disease” means hepatitis in any form, meningococcal disease, AIDS or HIV as defined in section 141A.1, or tuberculosis.

(2) “Exposes” means engaging in conduct that poses a substantial risk of transmission.

(3) “Practical means to prevent transmission” means substantial good-faith compliance with a treatment regimen prescribed by the person’s health care provider, if applicable, and with behavioral recommendations of the person’s health care provider or public health officials, which may include but are not limited to the use of a medically indicated respiratory mask or a prophylactic device, to measurably limit the risk of transmission of the contagious or infectious disease.

2014 Acts, ch 1119, §2, 11
Iowa Code § 554.2502 — IA Code / Title XIII / Chapter 554 / Section 554.2502
Buyer’s right to goods on seller’s repudiation, failure to deliver, or insolvency.
Status: in_force

(1) Subject to subsections 2 and 3 and even though the goods have not been shipped a buyer who has paid a part or all of the price of goods in which the buyer has a special property under the provisions of section 554.2501 may on making and keeping good a tender of any unpaid portion of their price recover them from the seller if:

(1) (a) in the case of goods bought for personal, family, or household purposes, the seller repudiates or fails to deliver as required by the contract; or

(1) (b) in all cases the seller becomes insolvent within ten days after receipt of the first installment on their price.

(2) The buyer’s right to recover the goods under subsection 1, paragraph “a”, vests upon acquisition of a special property, even if the seller had not then repudiated or failed to deliver.

(3) If the identification creating the buyer’s special property has been made by the buyer, the buyer acquires the right to recover the goods only if they conform to the contract for sale.

[C24, 27, 31, 35, 39, §9946 – 9948; C46, 50, 54, 58, 62, §554.18 – 554.20; C66, 71, 73, 75, 77, 79, 81, §554.2502]2000 Acts, ch 1149, §144, 187; 2008 Acts, ch 1032, §68
Iowa Code § 232.93 — IA Code / Title VI / Chapter 232 / Section 232.93
Other issues adjudicated.
Status: in_force

When it appears during the course of any hearing or proceeding that some action or remedy other than those indicated by the application or pleading appears appropriate, the court may, provided all necessary parties consent, proceed to hear and determine the other issues as though originally properly sought and pleaded.

[C66, 71, 73, 75, 77, §232.12; C79, 81, §232.93]
Iowa Code § 468.586 — IA Code / Title XI / Chapter 468 / Section 468.586
Assessment of costs of drainage improvements.
Status: in_force

A county may assess to property within an urban drainage district the cost of a drainage improvement within the county and drainage facilities extending outside the county. A county is empowered to proceed and construct and to assess the cost of a drainage improvement within a district in the same manner as a city may proceed under chapter 384, subchapter IV, and the provisions of chapter 384, subchapter IV, apply to counties with respect to drainage improvements, the assessment of their costs and the issuance of bonds for the improvements. A county may contract for a drainage improvement within a district under this part pursuant to chapter 331, subchapter III, part 3.

85 Acts, ch 144, §1CS85, §331.48689 Acts, ch 126, §2CS89, §468.5862011 Acts, ch 25, §59; 2018 Acts, ch 1041, §127