FrankGoortani/open-us-law huggingface dataset:
Iowa Code § 554.2316 — IA Code / Title XIII / Chapter 554 / Section 554.2316
Exclusion or modification of warranties.
Status: in_force

(1) Words or conduct relevant to the creation of an express warranty and words or conduct tending to negate or limit warranty shall be construed wherever reasonable as consistent with each other; but subject to the provisions of this Article on parol or extrinsic evidence (section 554.2202) negation or limitation is inoperative to the extent that such construction is unreasonable.

(2) Subject to subsection 3, to exclude or modify the implied warranty of merchantability or any part of it the language must mention merchantability and in case of a writing must be conspicuous, and to exclude or modify any implied warranty of fitness the exclusion must be by a writing and conspicuous. Language to exclude all implied warranties of fitness is sufficient if it states, for example, that “There are no warranties which extend beyond the description on the face hereof.”

(3) Notwithstanding subsection 2

(3) (a) unless the circumstances indicate otherwise, all implied warranties are excluded by expressions like “as is”, “with all faults” or other language which in common understanding calls the buyer’s attention to the exclusion of warranties and makes plain that there is no implied warranty; and

(3) (b) when the buyer before entering into the contract has examined the goods or the sample or model as fully as the buyer desired or has refused to examine the goods there is no implied warranty with regard to defects which an examination ought in the circumstances to have revealed to the buyer; and

(3) (c) an implied warranty can also be excluded or modified by course of dealing or course of performance or usage of trade.

(4) Remedies for breach of warranty can be limited in accordance with the provisions of this Article on liquidation or limitation of damages and on contractual modification of remedy (sections 554.2718 and 554.2719).

[C66, 71, 73, 75, 77, 79, 81, §554.2316]
Iowa Code § 162.2A — IA Code / Title V / Chapter 162 / Section 162.2A
Application, issuance, and renewal of authorizations.
Status: in_force

(1) The department shall provide for the operation of a commercial establishment by issuing or renewing an authorization, including any of the following:

(1) (a) A certificate of registration for a pound, animal shelter, or research facility.

(1) (b) A state license for a boarding kennel, commercial kennel, or pet shop.

(1) (c) A state license or permit for a commercial breeder, dealer, or public auction. A federal licensee must apply for and be issued either a permit or a state license in lieu of a permit.

(2) A person must be issued a separate state license, certificate of registration, or permit for each commercial establishment owned or operated by the person.

(3) A person must apply for the issuance or renewal of an authorization on forms and according to procedures required by rules adopted by the department. The application shall contain information required by the department, including but not limited to all of the following:

(3) (a) The person’s name.

(3) (b) The person’s principal office or place of business.

(3) (c) The name, address, and type of establishment covered by the authorization.

(4) The authorization expires on an annual basis as provided by the department, and must be renewed by the commercial establishment on an annual basis on or before the authorization’s expiration date.

(5) (a) A commercial establishment applying for the issuance or renewal of a permit shall provide the department with proof that the person is a federal licensee.

(5) (b) The department shall not require that it must enter onto the premises of a commercial establishment in order to issue a permit. The department shall not require that it must enter onto the premises of a commercial establishment in order to renew a permit, unless it has reasonable cause to monitor the commercial establishment as provided in section 162.10C.

2010 Acts, ch 1030, §4, 29; 2023 Acts, ch 154, §2
Iowa Code § 441.24 — IA Code / Title X / Chapter 441 / Section 441.24
Refusal to furnish statement.
Status: in_force

(1) If a person refuses to furnish the verified statements required in connection with the assessment of property by the assessor, or to list the corporation’s or person’s property, the department of revenue, or assessor, as the case may be, shall proceed to list and assess the property according to the best information obtainable, and shall add to the taxable valuation one hundred percent thereof, which valuation and penalty shall be separately shown, and shall constitute the assessment; and if the valuation of the property is changed by a board of review, or on appeal from a board of review, a like penalty shall be added to the valuation thus fixed.

(2) However, all or part of the penalty imposed under this section may be waived by the board of review upon application to the board by the assessor or the property owner. The waiver or reduction in the penalty shall be allowed only on the valuation of real property against which the penalty has been imposed.

[C51, §475; R60, §734; C73, §823, 1318; C97, §1357; C24, 27, 31, 35, 39, §7112; C46, §441.7; C50, 54, 58, §441.16; C62, 66, 71, 73, 75, 77, 79, 81, §441.24]89 Acts, ch 296, §64; 2003 Acts, ch 145, §286; 2015 Acts, ch 109, §69, 75
Iowa Code § 63.8 — IA Code / Title II / Chapter 63 / Section 63.8
Vacancies — time to qualify.
Status: in_force

Persons elected or appointed to fill vacancies, and officers entitled to hold over to fill vacancies occurring through a failure to elect, appoint, or qualify, as provided in chapter 69, shall qualify within ten days from the county board’s canvass of such election, or within ten days from such appointment or failure to elect, appoint, or qualify, in the same manner as those originally elected or appointed to such offices.

[C51, §440; R60, §668; C73, §786; C97, §1275; C24, 27, 31, 35, 39, §1052; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §63.8]2002 Acts, ch 1134, §76, 115
Iowa Code § 261A.16 — IA Code / Title VII / Chapter 261A / Section 261A.16
Funds for sales of obligations as trust funds — application of funds.
Status: in_force

Moneys received by or on behalf of the authority under this chapter, whether as proceeds from the sale of obligations or as revenues, are trust funds to be held and applied as provided in this chapter. An officer with whom, or a bank or trust company with which the moneys are deposited shall act as trustee of the moneys and shall hold and apply the moneys for the purposes of this chapter, subject to rules that this chapter and the bond resolution authorizing the obligations of an issue may provide.

[82 Acts, ch 1031, §16]
Iowa Code § 626.78 — IA Code / Title XV / Chapter 626 / Section 626.78
Notice to defendant.
Status: in_force

If the debtor is in actual occupation and possession of any part of the land levied on, the officer having the execution shall, at least twenty days previous to such sale, serve the debtor with written notice, stating that the execution is levied on said land, and mentioning the time and place of sale, which notice shall be served in the manner provided by rule of civil procedure 1.305(1). However, upon the filing of an affidavit that the debtor is intentionally evading service of process or otherwise cannot be served despite repeated and diligent attempts, the notice may be served by placing the notice in a plain opaque envelope, addressed to the defendant and marked personal and confidential, by affixing the envelope to a main entrance of the premises subject to sale, and by mailing a copy of the notice to the debtor at the debtor’s last known address by ordinary mail.

[R60, §3318; C73, §3087; C97, §4025; S13, §4025; C24, 27, 31, 35, 39, §11726; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §626.78]2006 Acts, ch 1132, §5, 16
Iowa Code § 633.667 — IA Code / Title XV / Chapter 633 / Section 633.667
Payment of claims in insolvent conservatorships.
Status: in_force

When it appears that the assets in a conservatorship are insufficient to pay in full all the claims against such conservatorship, the conservator shall report such matter to the court, and the court shall, upon hearing, with notice to all persons who have filed claims in the conservatorship, make an order for the pro rata payment of claims giving claimants the same priority, if any, as they would have if the protected person were not under conservatorship.

[R60, §1455; C73, §2278; C97, §3227; C24, 27, 31, 35, 39, §12630; C46, 50, 54, 58, 62, §670.18; C66, 71, 73, 75, 77, 79, 81, §633.667]2024 Acts, ch 1009, §84
Iowa Code § 461B.9 — IA Code / Title XI / Chapter 461B / Section 461B.9
Venue of actions.
Status: in_force

Actions against nonresidents as contemplated by this chapter may be brought in the county of which plaintiff is a resident, or in the county in which the injury was received or damage done.

[C62, 66, 71, 73, 75, 77, 79, 81, §106A.9]C93, §461B.9
Iowa Code § 504.1531 — IA Code / Title XII / Chapter 504 / Section 504.1531
Grounds for revocation.
Status: in_force

(1) The secretary of state may commence a proceeding under section 504.1532 to revoke the certificate of authority of a foreign corporation authorized to transact business in this state if any of the following applies:

(1) (a) The foreign corporation does not deliver the biennial report to the secretary of state in a form that meets the requirements of section 504.1613 within sixty days after it is due.

(1) (b) The foreign corporation is without a registered agent or registered office in this state for sixty days or more.

(1) (c) The foreign corporation does not inform the secretary of state under section 504.1508 or 504.1509 that its registered agent or registered office has changed, that its registered agent has resigned, or that its registered office has been discontinued within ninety days of the change, resignation, or discontinuance.

(1) (d) An incorporator, director, officer, or agent of the foreign corporation signed a document that such person knew was false in any material respect with intent that the document be delivered to the secretary of state for filing.

(1) (e) The secretary of state receives a duly authenticated certificate from the secretary of state or other official having custody of corporate records in the state or country under whose law the foreign corporation is incorporated, stating that it has been dissolved or disappeared as the result of a merger.

(2) The attorney general may commence a proceeding under section 504.1532 to revoke the certificate of authority of a foreign corporation authorized to transact business in this state if the corporation has continued to exceed or abuse the authority conferred upon it by law.

2004 Acts, ch 1049, §164, 192
Iowa Code § 142.10 — IA Code / Title IV / Chapter 142 / Section 142.10
Use without proper record.
Status: in_force

Any physician or member of the instructional staff of any college or school who uses, or permits others under the physician’s or member’s charge to use the dead body of a human being for the purpose of medical or surgical study without the record required in section 142.6 having been made, or who shall refuse to allow any peace officer or relative of the deceased to inspect said record or body, shall be guilty of a serious misdemeanor.

[C97, §4949; C24, 27, 31, 35, 39, §2360; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §142.10]
Iowa Code § 901C.1 — IA Code / Title XVI / Chapter 901C / Section 901C.1
Definition.
Status: in_force

As used in this chapter, unless the context otherwise requires, “expunge” and “expungement” mean the same as expunged in section 907.1.

2016 Acts, ch 1073, §184, 188
Iowa Code § 468.368 — IA Code / Title XI / Chapter 468 / Section 468.368
Form of bonds.
Status: in_force

Such bonds shall be issued in sums of not less than one hundred dollars or more than one thousand dollars each, running not more than twenty years, bearing interest not exceeding that permitted by chapter 74A, payable annually or semiannually, and shall be substantially in the form provided by law for funding bonds issued for drainage purposes.

[C24, 27, 31, 35, 39, §7664; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §461.14]89 Acts, ch 126, §2CS89, §468.368
Iowa Code § 712.6 — IA Code / Title XVI / Chapter 712 / Section 712.6
Explosive materials or destructive devices.
Status: in_force

(1) A person who possesses any explosive material or destructive device with the intent to use such device or material to commit a public offense shall be guilty of a class “C” felony.

(2) (a) A person who possesses any explosive material or destructive device shall be guilty of an aggravated misdemeanor.

(2) (b) This subsection does not apply to a person holding a valid commercial license or user’s permit issued pursuant to chapter 101A, provided that the person is acting within the scope of authority granted by the license or permit.

(3) A person who, with the intent to intimidate, annoy, or alarm another person, places a simulated explosive or simulated destructive device in a place that the person reasonably believes is likely to cause public alarm or inconvenience, is guilty of a serious misdemeanor.

(4) A person who uses any explosive material or destructive device to commit any public offense or who possesses any explosive material or destructive device during the commission of a felony shall be guilty of a class “C” felony.

[C71, 73, 75, 77, §697.11; C79, 81, §712.6]2004 Acts, ch 1125, §16; 2008 Acts, ch 1147, §4; 2023 Acts, ch 12, §4, 8
Iowa Code § 681.29 — IA Code / Title XV / Chapter 681 / Section 681.29
Death of assignee — failure to act.
Status: in_force

If an assignee dies before the closing of the assignee’s trust, or in case any assignee shall fail or neglect for the period of twenty days after the making of any assignment to file an inventory and valuation, and give bond as required by this chapter, the district court of the county where such assignment may be recorded, on the application of any person interested, shall appoint some person to execute the trust, who shall, on giving bond with sureties as required of an assignee, have all of the powers of the assignee first appointed, and be subject to all the duties hereby imposed.

[R60, §1839; C73, §2128; C97, §3086; C24, 27, 31, 35, 39, §12748; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §681.29]
Iowa Code § 452A.40 — IA Code / Title X / Chapter 452A / Section 452A.40
Definitions.
Status: in_force

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

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

(2) “Electric fuel” means electrical energy delivered or placed into the battery or other energy storage device of an electric motor vehicle from a source outside the motor vehicle for purposes of propelling the motor vehicle. “Electric fuel” shall be deemed motor vehicle fuel for purposes of Article VII, section 8, of the Constitution of the State of Iowa.

(3) “Electric motor vehicle” means a motor vehicle equipped with electrical drivetrain components that has the ability to be propelled, fully or partially, by one or more electrical motors using electrical energy stored in a battery or other energy storage device that can be recharged by plugging into an electrical outlet or electric vehicle charging station.

(4) “Licensed electric fuel dealer” means a person licensed by the department who owns an electric vehicle charging station that dispenses electric fuel, upon which the electric fuel tax has not been previously paid, for highway use into the battery or other energy storage device of an electric motor vehicle in this state at a location other than a residence.

(5) “Licensed electric fuel user” means a person licensed by the department who dispenses electric fuel, upon which the electric fuel tax has not been previously paid, for highway use from a charging station owned and controlled by the person into the battery or other energy storage device of an electric motor vehicle owned or controlled by the person in this state at a location other than a residence.

(6) “Residence” means the place where a person resides, permanently or temporarily.

(7) “Use” means the receipt, delivery, or placing of electric fuel by a licensed electric fuel user into the battery or other energy storage device of an electric motor vehicle owned or controlled by the user in this state at a location other than a residence.

2019 Acts, ch 151, §23, 46
Iowa Code § 651.10 — IA Code / Title XV / Chapter 651 / Section 651.10
Jurisdiction of property partitioned in kind or of proceeds from partition by sale.
Status: in_force

Property that has been partitioned in kind or the proceeds from a property that has been partitioned by sale shall be subject to the order of the court until the disposition of the rights in the property become fully vested.

2018 Acts, ch 1108, §10
Iowa Code § 633A.4303 — IA Code / Title XV / Chapter 633A / Section 633A.4303
Diversification.
Status: in_force

A trustee shall diversify the investments of the trust unless the trustee reasonably determines that the purposes of the trust are better served without diversifying.

99 Acts, ch 125, §63, 109C2001, §633.43032005 Acts, ch 38, §54CS2005, §633A.4303
Iowa Code § 249A.42A — IA Code / Title VI / Chapter 249A / Section 249A.42A
Overpayment subsequent ineligibility of recipient recovery recoupment reimbursement.
Status: in_force

Notwithstanding any provision to the contrary, if a recipient is deemed ineligible for medical assistance following delivery of care or service by a provider, in an administrative action to recover an overpayment to the provider based solely on the grounds of such recipient’s ineligibility, the department acting as the state Medicaid agency shall reimburse the provider for any recoupment of an overpayment using state-only funds for care or services delivered if all of the following conditions are met:

(1) The provider verified eligibility through the eligibility and verification system or the secure web portal of, and obtained any necessary prior authorization for, the recipient on whose behalf payment was made to the provider prior to the delivery of care or service to the recipient.

(2) The provider documented the eligibility verification performed and any necessary prior authorization obtained pursuant to subsection 1 in a manner and format established by the department by rule, and retained the required documentation in the recipient’s file.

2022 Acts, ch 1065, §1; 2022 Acts, ch 1153, §10
Iowa Code § 510A.3 — IA Code / Title XIII / Chapter 510A / Section 510A.3
Applicability.
Status: in_force

This chapter applies to licensed insurers as defined in section 510A.2, either domiciled in this state or domiciled in a state that is not an accredited state and having a substantially similar law. All provisions of the insurance holding company Act, to the extent those provisions are not superseded by this chapter, continue to apply to all persons associated with holding companies subject to this chapter.

91 Acts, ch 26, §12; 92 Acts, ch 1117, §37
Iowa Code § 488.114 — IA Code / Title XII / Chapter 488 / Section 488.114
Registered office and registered agent for service of process.
Status: in_force

(1) A limited partnership shall designate and continuously maintain in this state both of the following:

(1) (a) A registered office, which need not be a place of its activity in this state.

(1) (b) A registered agent for service of process.

(2) A foreign limited partnership shall designate and continuously maintain in this state a registered agent for service of process.

(3) A registered agent for service of process of a limited partnership or foreign limited partnership must be an individual who is a resident of Iowa or other person authorized to do business in this state.

2004 Acts, ch 1021, §14, 118; 2016 Acts, ch 1097, §4
Iowa Code § 507A.8 — IA Code / Title XIII / Chapter 507A / Section 507A.8
Order by commissioner to produce contracts.
Status: in_force

(1) Whenever the commissioner of insurance has reason to believe that insurance has been effectuated by or for any person in this state with an unauthorized insurer the commissioner shall in writing order such person to produce for examination all insurance contracts and other documents evidencing insurance with both authorized and unauthorized insurers and to disclose to the commissioner the amount of insurance, name and address of each insurer, gross amount of premium paid or to be paid and the name and address of the person or persons assisting or aiding in the solicitation, negotiation, or effectuation of such insurance.

(2) Every person investigating or adjusting any loss or claim on a subject of insurance in this state shall immediately report to the commissioner every insurance policy or contract which has been entered into by any insurer not authorized to transact such insurance in this state.

(3) Every person who, for thirty days after receipt of written order pursuant to subsection 1 of this section, neglects to comply with the requirements of such order or who willfully makes a disclosure that is untrue, deceptive, or misleading shall forfeit fifty dollars.

[C71, 73, 75, 77, 79, 81, §507A.8]
Iowa Code § 422.47C — IA Code / Title X / Chapter 422 / Section 422.47C
Section 422.47C
Status: repealed

Repealed by 96 Acts, ch 1034, §70.
Iowa Code § 331.440A — IA Code / Title IX / Chapter 331 / Section 331.440A
Adult mental health, mental retardation, and developmental disabilities services funding decategorization pilot project.
Status: repealed

Repealed by 2007 Acts, ch 218, §86.
Iowa Code § 80.40 — IA Code / Title III / Chapter 80 / Section 80.40
Bureau of cyber-crime.
Status: in_force

(1) The bureau of cyber-crime is established within the division of criminal investigation of the department. The purpose of the bureau is to investigate crimes with a nexus to the internet or computer technology including but not limited to crimes involving child exploitation and cyber intrusion.

(2) The bureau of cyber-crime shall have the authority to conduct investigations and perform forensic analyses of criminal cases involving computer technology and to provide assistance to governmental agencies involved in the investigation of cyber-crime.

2021 Acts, ch 166, §30
Iowa Code § 267.5 — IA Code / Title VII / Chapter 267 / Section 267.5
Duties and objectives of council.
Status: in_force

The livestock health advisory council shall do all of the following:

(1) Elect a chairperson and such other officers as it deems advisable. Officers of the council shall serve for terms of one year. A member shall not serve in any one office for more than two terms.

(2) Meet as necessary at Iowa state university of science and technology. The council shall meet with the faculty of the college of veterinary medicine. The council may hold other such meetings as the council may determine necessary, or as required by section 267.6. An action taken by the council shall not be valid unless agreed to by a majority of the council members.

(3) (a) By the beginning of each fiscal year, make recommendations to the college of veterinary medicine concerning the expenditure of moneys in the fund.

(3) (b) The college of veterinary medicine shall not obligate moneys in the fund for a fiscal year until the council makes timely recommendations for the expenditure of those moneys for that fiscal year as required in paragraph “a”.

(4) File an annual report with the secretary of agriculture.

[C79, 81, §267.5]92 Acts, ch 1246, §402023 Acts, ch 27, §4; 2024 Acts, ch 1170, §108