FrankGoortani/open-us-law huggingface dataset:
Iowa Code § 190.15 — IA Code / Title V / Chapter 190 / Section 190.15
Violations — injunction.
Status: in_force

The department may restrain a person violating this chapter or a rule adopted by the department under this chapter by petitioning the district court where the violation occurs for injunctive relief. Each day that a violation continues constitutes a separate violation.

91 Acts, ch 74, §7
Iowa Code § 685.4 — IA Code / Title XV / Chapter 685 / Section 685.4
Procedure statute of limitations.
Status: in_force

(1) A subpoena requiring the attendance of a witness at a trial or hearing conducted under this chapter may be served at any place in the state, or through any means authorized in the Iowa rules of civil procedure.

(2) A civil action under this chapter may not be brought more than six years after the date on which the violation of section 685.2 is committed, or more than three years after the date when facts material to the right of action are known or reasonably should have been known by the official of state charged with responsibility to act in the circumstances, but in no event more than ten years after the date on which the violation is committed, whichever occurs last.

(3) If the state elects to intervene and proceed with an action brought under this chapter, the state may file its own complaint or amend the complaint of a qui tam plaintiff to clarify or add detail to the claims in which the state is intervening and to add any additional claims with respect to which the state contends it is entitled to relief. For statute of limitations purposes, any such state pleading shall relate back to the filing date of the complaint of the qui tam plaintiff who originally brought the action, to the extent that the claim of the state arises out of the conduct, transactions, or occurrences set forth, or attempted to be set forth, in the prior complaint of that person.

(4) In any action brought under section 685.3, the state shall prove all essential elements of the cause of action, including damages, by a preponderance of the evidence.

(5) Notwithstanding any other provision of law, the Iowa rules of criminal procedure, or the Iowa rules of evidence, a final judgment rendered in favor of the state in any criminal proceeding charging fraud or false statements, whether upon a verdict after trial or upon a plea of guilty or nolo contendere, shall estop the defendant from denying the essential elements of the offense in any action which involves the same transaction as in the criminal proceeding and which is brought under section 685.3.

2010 Acts, ch 1031, §341
Iowa Code § 457A.4 — IA Code / Title XI / Chapter 457A / Section 457A.4
Statement of extent.
Status: in_force

A conservation easement shall clearly state its extent and purpose.

[C71, 73, 75, 77, 79, 81, §111D.4]C93, §457A.4
Iowa Code § 904.310 — IA Code / Title XVI / Chapter 904 / Section 904.310
Canteens.
Status: in_force

The director may maintain a canteen at an institution under the director’s jurisdiction for the sale to persons confined in or committed to the institution of items such as toilet articles, candy, tobacco products, notions, and other sundries, and may provide the necessary facilities, equipment, personnel, and merchandise for the canteen. The director shall specify the items to be sold in the canteen. The department may establish and maintain a permanent operating fund for each canteen. The fund shall consist of the receipts from the sale of commodities at the canteen and donations designated by inmates for reimbursement of victims’ travel expenses. Any money in the fund over the amount needed to do normal business transactions, to reimburse any accounts which have subsidized the canteen fund, and to reimburse victims’ travel expenses shall be considered profit. This money may remain in the institution’s canteen fund and be used for any purchase which the superintendent or district director, as applicable, approves that will directly and collectively benefit the inmates of the institution or to reimburse victims’ travel expenses.

83 Acts, ch 96, §54, 159CS83, §217A.7685 Acts, ch 21, §54CS85, §246.31086 Acts, ch 1075, §1; 89 Acts, ch 142, §1; 91 Acts, ch 260, §1220C93, §904.3102001 Acts, ch 131, §6; 2024 Acts, ch 1182, §64
Iowa Code § 404B.5 — IA Code / Title IX / Chapter 404B / Section 404B.5
Application for exemption by property owner.
Status: in_force

An application shall be filed for each revitalization project resulting in increased assessed value for which an exemption is claimed. The application for exemption shall be filed by the owner of the property with the local assessor by February 1 of the first assessment year for which the exemption is requested. Applications for exemption shall be made on forms prescribed by the local assessor and shall contain information pertaining to the requirements under this section and any requirements imposed by a city or county governing body.

2009 Acts, ch 100, §27, 30
Iowa Code § 554.9326 — IA Code / Title XIII / Chapter 554 / Section 554.9326
Priority of security interests created by new debtor.
Status: in_force

(1) Subject to subsection 2, a security interest that is created by a new debtor in collateral in which the new debtor has or acquires rights and is perfected solely by a filed financing statement that would be ineffective to perfect the security interest but for the application of section 554.9316, subsection 9, paragraph “a”, or section 554.9508 is subordinate to a security interest in the same collateral which is perfected other than by such a filed financing statement.

(2) The other provisions of this part determine the priority among conflicting security interests in the same collateral perfected by filed financing statements described in subsection 1. However, if the security agreements to which a new debtor became bound as debtor were not entered into by the same original debtor, the conflicting security interests rank according to priority in time of the new debtor’s having become bound.

2000 Acts, ch 1149, §46, 187; 2012 Acts, ch 1052, §9, 37
Iowa Code § 490.1706 — IA Code / Title XII / Chapter 490 / Section 490.1706
Rights of action.
Status: in_force

(1) Except in a proceeding authorized under section 490.1705, subsection 3, or this section, no person other than the corporation, or a shareholder in the right of the corporation pursuant to subsection 2, may bring an action or assert a claim with respect to the violation of any duty applicable to a benefit corporation or any of its directors under this subchapter.

(2) Except for a proceeding brought under section 490.1705, subsection 3, a proceeding by a shareholder of a benefit corporation claiming violation of any duty applicable to a benefit corporation or any of its directors under this subchapter is subject to all of the following:

(2) (a) The proceeding must be brought in a derivative proceeding pursuant to subchapter VII, part 4.

(2) (b) The proceeding may be brought only by a shareholder of the benefit corporation that at the time of the act or omission complained of either individually, or together with other shareholders bringing such action collectively, owned directly or indirectly at least five percent of a class of the corporation’s outstanding shares or, in the case of a corporation with shares traded on an organized market as described in section 490.1302, subsection 2, paragraph “a”, subparagraph (2), either that percentage of shares or shares with a market value of at least five million dollars at the time the proceeding is commenced.

(3) A suit under subsection 2 shall not be maintained if, during the pendency of the suit, the shareholder individually fails, or the shareholders collectively fail, to continue to own directly or indirectly the lesser of the number of shares owned at the time the proceeding is commenced or five percent of a class of the corporation’s shares.

2021 Acts, ch 165, §211, 230
Iowa Code § 2.47A — IA Code / Title I / Chapter 2 / Section 2.47A
Powers and duties of legislative capital projects committee.
Status: in_force

(1) The legislative capital projects committee shall do all of the following:

(1) (a) Receive the recommendations of the governor regarding the funding and priorities of proposed capital projects pursuant to section 8.3A, subsection 2, paragraph “b”.

(1) (b) Receive the reports of all capital project budgeting requests of all state agencies, with individual state agency priorities noted, pursuant to section 8.5, subsection 12.

(1) (c) Receive annual status reports for all ongoing capital projects of state agencies.

(1) (d) Examine and evaluate, on a continuing basis, the state’s system of contracting and subcontracting in regard to capital projects.

(2) The legislative capital projects committee, subject to the approval of the legislative council, may do all of the following:

(2) (a) Gather information relative to capital projects, for the purpose of aiding the general assembly to properly appropriate moneys for capital projects.

(2) (b) Examine the reports and official acts of the state agencies, as defined in section 8.3A, with regard to capital project planning and budgeting and the receipt and disbursement of capital project funding.

(2) (c) Establish advisory bodies to the committee in areas where technical expertise is not otherwise readily available to the committee. Advisory body members may be reimbursed for actual and necessary expenses from funds appropriated pursuant to section 2.12, but only if the reimbursement is approved by the legislative council.

(2) (d) Compensate experts from outside state government for the provision of services to the committee from funds appropriated pursuant to section 2.12, but only if the compensation is approved by the legislative council.

(2) (e) Make recommendations to the legislative fiscal committee, legislative council, and the general assembly regarding issues relating to the planning, budgeting, and expenditure of capital project funding.

(3) The capital projects committee shall determine its own method of procedure and shall keep a record of its proceedings which shall be open to public inspection. The committee shall meet as often as deemed necessary, subject to the approval of the legislative council, and the committee shall inform the legislative council in advance of its meeting dates.

89 Acts, ch 298, §3; 90 Acts, ch 1168, §1; 91 Acts, ch 268, §601; 95 Acts, ch 214, §1; 2001 Acts, 2nd Ex, ch 2, §1, 13; 2003 Acts, ch 145, §105; 2007 Acts, ch 115, §12024 Acts, ch 1185, §87
Iowa Code § 543B.25 — IA Code / Title XIII / Chapter 543B / Section 543B.25
Display of brokerage.
Status: in_force

An individual licensee or real estate team shall conspicuously display the name of the brokerage immediately preceding or immediately following the individual licensee’s name or real estate team name in any advertising or information made available to the public.

2022 Acts, ch 1040, §2, 3
Iowa Code § 202B.304 — IA Code / Title V / Chapter 202B / Section 202B.304
Duties of secretary of state.
Status: in_force

The secretary of state shall notify the attorney general when the secretary of state has reason to believe a violation of this chapter has occurred. It is the intent of this section that information shall be made available to members of the general assembly and appropriate committees of the general assembly in order to determine the extent of production operations being carried out in this state by contract feeders and processors and the effect of such practices upon the economy of this state. The reports of contract feeders and processors required in this chapter shall be confidential reports except as to the attorney general for review and appropriate action when necessary. The secretary of state shall assist any committee of the general assembly existing or established for the purposes of studying the effects of this chapter and the practices this chapter seeks to study and regulate.

[C77, 79, 81, §172C.14]88 Acts, ch 1191, §9; 91 Acts, ch 172, §7C93, §9H.1493 Acts, ch 39, §20; 2003 Acts, ch 115, §13, 16, 19CS2003, §202B.304
Iowa Code § 97B.29 — IA Code / Title III / Chapter 97B / Section 97B.29
Judicial review.
Status: in_force

Judicial review of action of the system may be sought in accordance with the terms of the Iowa administrative procedure Act, chapter 17A. Notwithstanding the terms of the Iowa administrative procedure Act, chapter 17A, petitions for judicial review may be filed in the district court of the county in which the claimant was last employed or resides, provided that if the claimant does not reside in the state of Iowa the action shall be brought in the district court of Polk county, Iowa, against the system for the review of this decision, in which action any other parties to the proceeding before the system shall be named in the petition. The system may also, in its discretion, certify to such courts, questions of law involving any decision by it. Such petitions for judicial review and the questions so certified shall be given precedence over all other civil cases except cases arising under the workers’ compensation law and the employment security law of this state.

[C46, 50, §97.33; C54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §97B.29]2001 Acts, ch 68, §21, 24; 2003 Acts, ch 44, §114; 2003 Acts, ch 145, §286
Iowa Code § 488.810 — IA Code / Title XII / Chapter 488 / Section 488.810
Reinstatement following administrative dissolution.
Status: in_force

(1) A limited partnership that has been administratively dissolved may apply to the secretary of state for reinstatement at any time after the effective date of dissolution. The application must be delivered to the secretary of state for filing and state all of the following:

(1) (a) The name of the limited partnership and the effective date of its administrative dissolution.

(1) (b) That the grounds for dissolution either did not exist or have been eliminated.

(1) (c) If the application is received more than five years after the effective date of the dissolution, that the limited partnership’s name satisfies the requirements of section 488.108.

(2) If the secretary of state determines that an application contains the information required by subsection 1 and that the information is correct, the secretary of state shall prepare a declaration of reinstatement that states this determination, sign, and file the declaration of reinstatement, and deliver a copy to the limited partnership.

(3) When reinstatement becomes effective, it relates back to and takes effect as of the effective date of the administrative dissolution and the limited partnership may resume its activities as if the administrative dissolution had never occurred.

(4) A limited partnership shall not relinquish the right to retain its name if the reinstatement is effective within five years of the effective date of the limited partnership’s dissolution.

2004 Acts, ch 1021, §73, 118; 2006 Acts, ch 1089, §2 – 5
Iowa Code § 643.10 — IA Code / Title XV / Chapter 643 / Section 643.10
Execution of writ.
Status: in_force

The officer must forthwith execute the writ by taking possession of the property therein described, if it is found in the possession of the defendant or the defendant’s agent, or of any other person who obtained possession thereof from the defendant, directly or indirectly, after the writ was placed in the officer’s hands, for which purpose the officer may break open any dwelling house or other enclosure, having first demanded entrance and exhibited the officer’s authority, if demanded.

[C51, §1998; R60, §3557; C73, §3232; C97, §4170; C24, 27, 31, 35, 39, §12186; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §643.10]
Iowa Code § 811.1A — IA Code / Title XVI / Chapter 811 / Section 811.1A
Detention hearing.
Status: in_force

(1) When a defendant is awaiting sentencing after conviction for a felony or is pursuing an appeal in such a case following sentencing, and the defendant would otherwise be eligible to be admitted to bail under this chapter, but it appears by clear and convincing evidence that if released the defendant is likely to pose a danger to another person or to the property of others, the defendant may be detained under the authority of this section and in the manner provided in subsection 2.

(2) The following procedures shall apply to a detention hearing:

(2) (a) The prosecuting attorney may initiate a detention hearing by a verified ex parte written motion. Upon such motion, the district court may issue a warrant for the immediate arrest of the defendant, if the defendant is not in custody.

(2) (b) The defendant shall be brought before the district court within twenty-four hours after arrest, or if the defendant is in custody, the defendant shall be brought before the district court within twenty-four hours of the prosecuting attorney’s filing of the motion. The detention hearing shall be held within seventy-two hours of the defendant’s arrest, or if the defendant is in custody, the detention hearing shall be held within seventy-two hours of the filing of the motion.

(2) (c) The defendant shall be entitled to representation by counsel, including appointed counsel if indigent, and shall be entitled to the right of cross-examination and to present information, to testify, and to present witnesses in the defendant’s own behalf, but shall not be entitled to being admitted to bail.

(2) (d) Testimony of the defendant given during the hearing shall not be admissible on the issue of guilt in any other judicial proceeding, except that such testimony shall be admissible in proceedings under section 811.2, subsection 8, and section 811.8, and in perjury proceedings.

(2) (e) Appeals from orders of detention may be taken in the manner provided under section 811.2, subsection 7.

(2) (f) If the trial court issues an order of detention, the order shall be accompanied by a written finding of fact and the reasons for the detention order.

(2) (g) For the purposes of such proceedings, the trial court is not divested of jurisdiction by the filing of a notice of appeal.

2004 Acts, ch 1084, §4
Iowa Code § 483A.42 — IA Code / Title XI / Chapter 483A / Section 483A.42
Penalties.
Status: in_force

A person who violates this chapter is guilty of a simple misdemeanor punishable as a scheduled violation under section 805.8B, subsection 3, paragraph “e”. However, the scheduled fine specified in section 805.8B, subsection 3, paragraph “e”, does not apply to a violation of this chapter for which another scheduled fine is specified in section 805.8B, subsection 3.

[C46, 50, 54, 58, 62, 66, §110.25; C71, 73, 75, 77, §110.26; C79, 81, §110.42]86 Acts, ch 1240, §12C93, §483A.422000 Acts, ch 1203, §24; 2001 Acts, ch 130, §2; 2001 Acts, ch 137, §5
Iowa Code § 15E.18 — IA Code / Title I / Chapter 15E / Section 15E.18
Site development consultations certificates of readiness.
Status: in_force

(1) (a) The authority shall consult with local governments and local economic development officials in regard to site development techniques. For purposes of this section, “site development techniques” include environmental evaluations, property and wetland delineation, and historical evaluations.

(1) (b) The authority may charge a fee for providing site development consultations. The fee shall not exceed the reasonable cost to the authority of providing the consultations. The amount of any fees collected by the authority shall be deposited in the general fund of the state.

(2) (a) A local government or local economic development official involved with the development of a site may apply to the authority for a certificate of readiness verifying that the site is ready for development.

(2) (b) The authority shall develop criteria for evaluating various types of sites in order to determine whether a particular site is ready for development based on the site’s individual circumstances and the economic development goals of the applicant.

(2) (c) The authority shall review applications for certificates of readiness and may issue a certificate of readiness to any site that meets the criteria developed under paragraph “b”.

(3) The authority shall adopt rules pursuant to chapter 17A for the implementation of this section.

2003 Acts, ch 158, §1; 2003 Acts, 1st Ex, ch 1, §130, 133[2003 Acts, 1st Ex, ch 1, §130, 133 amendments to section rescinded pursuant to Rants v. Vilsack, 684 N.W.2d 193]2010 Acts, ch 1184, §36; 2011 Acts, ch 118, §87, 89
Iowa Code § 144B.10 — IA Code / Title IV / Chapter 144B / Section 144B.10
Emergency treatment.
Status: in_force

This chapter does not affect the law governing health care treatment in an emergency.

91 Acts, ch 140, §10
Iowa Code § 22.14 — IA Code / Title I / Chapter 22 / Section 22.14
Public funds investment records in custody of third parties.
Status: in_force

(1) The records of investment transactions made by or on behalf of a public body are public records and are the property of the public body whether in the custody of the public body or in the custody of a fiduciary or other third party.

(2) If such records of public investment transactions are in the custody of a fiduciary or other third party, the public body shall obtain from the fiduciary or other third party records requested pursuant to section 22.2.

(3) If a fiduciary or other third party with custody of public investment transactions records fails to produce public records within a reasonable period of time as requested by the public body, the public body shall make no new investments with or through the fiduciary or other third party and shall not renew existing investments upon their maturity with or through the fiduciary or other third party. The fiduciary or other third party shall be liable for the penalties imposed under statute, common law, or contract due to the acts or omissions of the fiduciary or other third party.

92 Acts, ch 1156, §8; 2011 Acts, ch 106, §14, 17
Iowa Code § 29.2A — IA Code / Title I / Chapter 29 / Section 29.2A
Airport fire fighters maximum age.
Status: in_force

The maximum age for a person to be employed as an airport fire fighter by the department of public defense is sixty-five years of age.

98 Acts, ch 1183, §106; 2013 Acts, ch 29, §10
Iowa Code § 523H.15 — IA Code / Title XIII / Chapter 523H / Section 523H.15
Construction with other law.
Status: in_force

This chapter does not limit any liability that may exist under another statute or at common law. Prior law governs all actions based on facts occurring before July 1, 1992.

92 Acts, ch 1134, §15
Iowa Code § 633.518 — IA Code / Title XV / Chapter 633 / Section 633.518
Presumption of death — petition and inquiry.
Status: in_force

If a petition is presented by an interested person to a district judge or magistrate alleging that a designated person has disappeared and after a diligent search cannot be found, and if it appears to the satisfaction of the judge or magistrate that the circumstances surrounding the disappearance afford reasonable grounds for the belief that the person has suffered death from accidental or other violent means, the judge or magistrate shall summon and impanel a jury of six qualified persons to inquire into the facts surrounding and the presumption to be raised from the disappearance. If no one submits a petition within forty days of the reported disappearance, a judge or magistrate may submit the petition from personal knowledge of the case.

2002 Acts, ch 1108, §28