FrankGoortani/open-us-law huggingface dataset:
Iowa Code § 357A.20 — IA Code / Title IX / Chapter 357A / Section 357A.20
Alternate operation by nonprofit corporation.
Status: in_force

(1) A nonprofit corporation incorporated under chapter 504 for the specific purpose of operating a rural water system may petition the supervisors for incorporation of a district, in the manner provided by section 357A.2. The signatures of the corporation’s officers on the petition and a resolution adopted by the corporation’s board of directors approving the petition shall suffice in lieu of signatures of owners of thirty percent of the real property in the proposed district, if the corporation presents evidence satisfactory to the supervisors that a sufficient number of members of the proposed district will subscribe to benefit units to make its operation feasible. The procedure for hearing and determination of disposition of the petition shall be as provided by this chapter.

(2) In any district incorporated upon the petition of a nonprofit corporation, the following procedures shall apply:

(2) (a) After final approval of the petition by a board of supervisors, the secretary of the corporation shall file a notice with the secretary of state dissolving the nonprofit corporation in accordance with chapter 504.

(2) (b) Upon filing of the notice, the nonprofit corporation shall cease to exist as a chapter 504 entity and all assets and liabilities of the nonprofit corporation become the assets and liabilities of the newly organized district without a need for any further meetings, voting, notice to creditors, or other actions by the members or board.

(2) (c) The officers and board of directors of the corporation shall be the officers and board of the district.

(2) (d) The applicable laws of the state and the articles of incorporation and bylaws of the corporation shall control the initial size and initial term of office of such officers and board, in lieu of sections 357A.7, 357A.9, and 357A.10.

(2) (e) The district shall bring its operation and structure in compliance with sections 357A.7 through 357A.10 at the first annual meeting of the participating members and board of directors.

[C71, 73, 75, 77, 79, 81, §357A.20]91 Acts, ch 134, §17; 95 Acts, ch 77, §5; 2004 Acts, ch 1049, §191; 2004 Acts, ch 1175, §393; 2010 Acts, ch 1061, §180; 2020 Acts, ch 1063, §190
Iowa Code § 633.448 — IA Code / Title XV / Chapter 633 / Section 633.448
Allowance and judgment.
Status: in_force

Upon the trial of a claim, offsets, and counterclaims, the amount owing by or to the estate, if any, shall be determined. A claim against the estate shall be allowed for the net amount. Judgment shall be rendered for any amount found to be due the estate. If a judgment is rendered against a claimant for any net amount, execution may issue in the same manner as on judgments in civil cases. The judgment against any interested party may be deducted from any amounts the estate owes to the interested party.

[C66, 71, 73, 75, 77, 79, 81, §633.448]2021 Acts, ch 23, §7; 2022 Acts, ch 1032, §101
Iowa Code § 12.25 — IA Code / Title I / Chapter 12 / Section 12.25
Legislative findings.
Status: in_force

The general assembly finds and declares that because of differences in the timing of the receipt of tax and other revenues and the expenditure of funds by the state, the state has been unable to remain timely on its obligations, including its payments of school aid; the untimely payment of state aid has created a hardship for schools by increasing their costs and hindering their ability to remain timely on their obligations; it would be advantageous to the state to be able to issue notes in anticipation of its tax and other revenues in order to coordinate its cash flow; and pending their use, the proceeds of notes issued in anticipation of tax and other revenues should be invested in order to pay the cost of issuing the notes and as a benefit to the state. It is the purpose of this section and section 12.26 to enable the state to make timely payments of its obligations, including its school aid payments, by securing funds through the issuance of notes in anticipation of the state’s tax and other revenues.

85 Acts, ch 34, §18
Iowa Code § 804.7 — IA Code / Title XVI / Chapter 804 / Section 804.7
Arrests by peace officers.
Status: in_force

(1) A peace officer may make an arrest under any of the following circumstances:

(1) (a) For a public offense committed or attempted in the peace officer’s presence.

(1) (b) Where a public offense has in fact been committed, and the peace officer has reasonable grounds for believing that the person to be arrested has committed it.

(1) (c) Where the peace officer has reasonable grounds for believing that an indictable public offense has been committed and has reasonable grounds for believing that the person to be arrested has committed it.

(1) (d) Where the peace officer has received from the department of public safety, or from any other peace officer of this state or any other state or the United States an official communication by bulletin, radio, telegraph, telephone, or otherwise, informing the peace officer that a warrant has been issued and is being held for the arrest of the person to be arrested on a designated charge.

(1) (e) If the peace officer has reasonable grounds for believing that domestic abuse, as defined in section 236.2, has occurred and has reasonable grounds for believing that the person to be arrested has committed it.

(1) (f) As required by section 236.12, subsection 2.

(2) A peace officer, as defined in section 801.4, shall have the authority to make an arrest pursuant to subsection 1 anywhere within the state. However, a peace officer shall not establish routine patrol outside of the jurisdiction of the peace officer’s employing agency.

[C51, §2840; R60, §4547, 4548; C73, §4199, 4200; C97, §5196; C24, 27, 31, 35, 39, §13468; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §755.4; C79, 81, §804.7]85 Acts, ch 175, §12; 86 Acts, ch 1179, §72023 Acts, ch 42, §7
Iowa Code § 101C.14 — IA Code / Title III / Chapter 101C / Section 101C.14
Future repeal.
Status: repealed

Repealed by 2013 Acts, ch 101, §3.
Iowa Code § 481A.98 — IA Code / Title XI / Chapter 481A / Section 481A.98
Reporting violations.
Status: in_force

Each fur dealer shall report to the commission the name of any person, if known to the dealer, who attempts to sell any skins or hides which appear to have been unlawfully taken or possessed by that person.

[C31, §1766-c2; C39, §1794.060; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §109.98]88 Acts, ch 1216, §35C93, §481A.982021 Acts, ch 76, §121
Iowa Code § 234.8 — IA Code / Title VI / Chapter 234 / Section 234.8
Fees for child welfare services.
Status: in_force

The department may charge a fee for child welfare services to a person liable for the cost of the services. The fee shall not exceed the reasonable cost of the services. The fee shall be based upon the person’s ability to pay and consideration of the fee’s impact upon the liable person’s family and the goals identified in the case permanency plan. The department may assess the liable person for the fee and the means of recovery shall include a setoff against an amount owed by a state agency to the person assessed pursuant to section 421.65. In addition the department may establish an administrative process to recover the assessment through automatic income withholding. The department shall adopt rules pursuant to chapter 17A to implement the provisions of this section. This section does not apply to court-ordered services provided to juveniles which are a charge upon the state pursuant to section 232.141 and services for which the department has established a support obligation pursuant to section 234.39.

92 Acts, ch 1229, §24; 2003 Acts, ch 145, §2162020 Acts, ch 1064, §10, 28; 2020 Acts, ch 1118, §73, 74; 2023 Acts, ch 19, §673
Iowa Code § 197.1 — IA Code / Title V / Chapter 197 / Section 197.1
Definitions.
Status: in_force

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

(2) “Producer” means a person, not a licensed dealer under section 197.1A, who acquires poultry or domestic fowl other than through a licensed dealer.

2017 Acts, ch 159, §33
Iowa Code § 541.16 — IA Code / Title XIII / Chapter 541 / Section 541.16
Section 541.16
Status: repealed

Repealed by 65 Acts, ch 413, §10102.
Iowa Code § 142D.7 — IA Code / Title IV / Chapter 142D / Section 142D.7
Nonretaliation — nonwaiver of rights.
Status: in_force

(1) A person or employer shall not discharge, refuse to employ, or in any manner retaliate against an employee, applicant for employment, or customer because that employee, applicant, or customer exercises any rights afforded under this chapter, registers a complaint, or attempts to prosecute a violation of this chapter.

(2) An employee who works in a location where an employer allows smoking does not waive or surrender any legal rights the employee may have against the employer or any other person.

2008 Acts, ch 1084, §7
Iowa Code § 231.3 — IA Code / Title VI / Chapter 231 / Section 231.3
State policy and objectives.
Status: in_force

(1) The general assembly declares that it is the policy of the state to work toward attainment of the following objectives for Iowa’s older individuals and individuals with disabilities:

(1) (a) An adequate income.

(1) (b) Access to physical and mental health care and long-term living and community support services without regard to economic status.

(1) (c) Suitable and affordable housing that reflects the needs of individuals.

(1) (d) Access to comprehensive information and a community navigation system providing all available options related to long-term living and community support services that assist individuals in the preservation of personal assets and the ability to entirely avoid or significantly delay reliance on entitlement programs.

(1) (e) Full restorative services for those who require institutional care, and a comprehensive array of long-term living and community support services adequate to sustain people in their communities and, whenever possible, in their homes, including support for caregivers.

(1) (f) Pursuit of meaningful activity within the widest range of civic, cultural, educational, recreational, and employment opportunities.

(1) (g) Suitable community transportation systems to assist in the attainment of independent movement.

(1) (h) Freedom, independence, and the free exercise of individual initiative in planning and managing their own lives.

(1) (i) Freedom from abuse, neglect, and exploitation.

(2) The general assembly declares that the state of Iowa recognizes a brain injury as a disability, and each agency and subdivision of this state shall recognize a brain injury as a distinct disability.

(3) It is the policy of this state that each state agency shall make reasonable efforts to identify those persons with brain injuries among the persons served by the state agency.

86 Acts, ch 1245, §1003C87, §249D.3C93, §231.32003 Acts, ch 141, §1; 2005 Acts, ch 45, §2; 2009 Acts, ch 23, §14; 2018 Acts, ch 1049, §1, 2; 2024 Acts, ch 1161, §138, 162
Iowa Code § 648.2 — IA Code / Title XV / Chapter 648 / Section 648.2
By legal representatives.
Status: in_force

The legal representative of a person who, if alive, might have been plaintiff may bring this action after the person’s death.

[C51, §2364; R60, §3954; C73, §3613; C97, §4209; C24, 27, 31, 35, 39, §12264; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §648.2]
Iowa Code § 426A.3 — IA Code / Title X / Chapter 426A / Section 426A.3
Computation by auditor.
Status: in_force

On or before August 1 of each year the county auditor shall certify to the county treasurer all claims for military service tax exemptions which have been allowed by the board of supervisors. Such certificate shall list the total amount of dollars, listed by taxing district in the county, due for military service tax credits claimed and allowed. The county treasurer shall forthwith certify to the department of revenue the amount of dollars, listed by taxing district in the county, due for military service tax credits claimed and allowed.

[C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §426A.3]2003 Acts, ch 145, §286
Iowa Code § 537.1104 — IA Code / Title XIII / Chapter 537 / Section 537.1104
Construction.
Status: in_force

This chapter being a general Act intended as a unified coverage of its subject matter, no part of it shall be deemed to be impliedly repealed by subsequent legislation if such construction can reasonably be avoided.

[C75, 77, 79, 81, §537.1104]
Iowa Code § 230.2 — IA Code / Title VI / Chapter 230 / Section 230.2
Finding of residence.
Status: repealed

Repealed by 2024 Acts, ch 1161, §135, 137.
Iowa Code § 626.44 — IA Code / Title XV / Chapter 626 / Section 626.44
Nonresident — service — transfer of action.
Status: in_force

If such secured party is a nonresident or the party’s residence is unknown, service may be made by publication as in other actions, but if such residence becomes known before final submission, the court may order personal service to be made. If commenced at law, the court may transfer the same to the equity side as in other cases.

[C97, §3988; S13, §3988; C24, 27, 31, 35, 39, §11692; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §626.44]
Iowa Code § 321.1A — IA Code / Title VIII / Chapter 321 / Section 321.1A
Presumption of residency.
Status: in_force

(1) For purposes of this chapter there is a rebuttable presumption that a natural person is a resident of this state if any of the following elements exist:

(1) (a) The person has filed for a homestead tax exemption on property in this state.

(1) (b) The person is a veteran who has filed for a military tax exemption on property in this state.

(1) (c) The person is registered to vote in this state.

(1) (d) The person enrolls the person’s child to be educated in a public elementary or secondary school in this state.

(1) (e) The person is receiving public assistance from this state.

(1) (f) The person resides or has continuously remained in this state for a period exceeding thirty days except for infrequent or brief absences.

(1) (g) The person has accepted employment or engages in any trade, profession, or occupation within this state, except as provided in section 321.55.

(2) (a) For purposes of issuing commercial learner’s permits and commercial driver’s licenses under this chapter, there is a rebuttable presumption that a natural person is a resident of this state if all of the following conditions exist:

(2) (a) The person is enrolled in a commercial driver’s license training program administered by an Iowa-based motor carrier, or its subsidiary, designated by the department as a third-party tester pursuant to section 321.187.

(2) (a) The person is in the process of applying for a commercial learner’s permit for the purpose of completing the training program.

(2) (a) The person is residing in this state for the duration of the training program.

(2) (b) This subsection shall not apply if such application results in noncompliance with 49 C.F.R. pt. 384.

(3) “Resident” does not include either of the following:

(3) (a) A person who is attending a college or university in this state, if the person has a domicile in another state and has a valid driver’s license issued by the state of domicile.

(3) (b) A member of the armed forces who is stationed in Iowa, provided that the member’s vehicles are properly registered in the member’s state of residency.

(4) A corporation, association, partnership, company, firm, or other aggregation of individuals whose principal place of business is located within this state is a resident of this state.

83 Acts, ch 125, §1; 90 Acts, ch 1230, §15; 98 Acts, ch 1073, §9; 2010 Acts, ch 1069, §88; 2015 Acts, ch 123, §45; 2024 Acts, ch 1043, §82
Iowa Code § 692.3 — IA Code / Title XVI / Chapter 692 / Section 692.3
Redissemination of arrest data and other information.
Status: in_force

(1) A criminal or juvenile justice agency may redisseminate arrest data, and the name, photograph, physical description, and other identifying information, concerning a person who is wanted or being sought if a warrant for the arrest of that person has been issued. Information relating to any threat the person may pose to the public may also be redisseminated. Any redissemination of information pursuant to this subsection shall also include the statement provided in section 692.2, subsection 1, paragraph “b”, subparagraph (5).

(2) A criminal or juvenile justice agency may redisseminate personal information that is in the form of a person’s photograph or digital image or a digital reproduction of a person’s photograph obtained from the department of transportation in accordance with section 321.11 of any of the following persons:

(2) (a) A missing person, as defined in section 694.1.

(2) (b) A person identified in a missing person report involving an unemancipated minor and there are reasonable grounds to suspect that the person is involved with the minor’s disappearance.

(3) The information described in subsections 1 and 2 may be redisseminated through any written, audio, or visual means utilized by a criminal or juvenile justice agency.

(4) A person may disseminate criminal history data of an accused to the attorney of the accused and to self-represented litigants in a pending criminal matter in district or juvenile court, if the criminal history data is already part of the prosecution’s file and subject to a discovery obligation.

(5) Upon order of the court, a person may disseminate criminal history data of an accused that is not already part of the prosecution’s file, or criminal history data of a witness, to the attorney of the accused, prosecutors, and to self-represented litigants in a pending criminal matter in district or juvenile court.

2007 Acts, ch 38, §5; 2022 Acts, ch 1077, §1, 2; 2024 Acts, ch 1104, §5, 6
Iowa Code § 321.27 — IA Code / Title VIII / Chapter 321 / Section 321.27
Implementation of twelve-month registration period.
Status: repealed

Repealed by 97 Acts, ch 108, §49.
Iowa Code § 329.1 — IA Code / Title VIII / Chapter 329 / Section 329.1
Definitions.
Status: in_force

The following words, terms, and phrases, when used in this chapter, shall, for the purposes of this chapter, have the meaning given in this section, unless otherwise specifically defined, or unless another intention clearly appears, or the context otherwise requires:

(1) “Airport” means any area of land or water designed and set aside for the landing and take-off of aircraft and utilized, or to be utilized, in the interest of the public for such purposes.

(2) “Airport hazard” means any structure or tree or use of land which would exceed the federal obstruction standards as contained in 14 C.F.R. §77.21, 77.23 and 77.25 as revised March 4, 1972, and which obstruct the air space required for the flight of aircraft and landing or take-off at an airport or is otherwise hazardous to such landing or taking off of aircraft.

(3) “Airport hazard area” means any area of land or water upon which an airport hazard might be established if not prevented as provided by this chapter.

(4) “Department” means the state department of transportation.

(5) “Municipality” means any county or city of this state.

(6) “Obstruction” means any tangible, inanimate physical object, natural or artificial, protruding above the surface of the ground.

(7) “Person” means any individual, firm, partnership, corporation, company, association, joint stock association, or body politic, and includes any trustee, receiver, assignee, or other similar representative thereof.

(8) “Structure” means any object constructed or installed by humans, including, but without limitation, buildings, towers, smokestacks, and overhead transmission lines, including the poles or other structures supporting the same.

(9) “Tree” means any object of natural growth.

(10) The singular shall include the plural, and the plural the singular.

[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §329.1]2008 Acts, ch 1032, §106; 2023 Acts, ch 66, §81
Iowa Code § 706.4 — IA Code / Title XVI / Chapter 706 / Section 706.4
Multiple convictions.
Status: in_force

A conspiracy to commit a public offense is an offense separate and distinct from any public offense which might be committed pursuant to such conspiracy. A person may not be convicted and sentenced for both the conspiracy and for the public offense.

[C79, 81, §706.4]
Iowa Code § 232.118 — IA Code / Title VI / Chapter 232 / Section 232.118
Removal of guardian.
Status: in_force

(1) Upon application of an interested party or upon the court’s own motion, the court having jurisdiction of the child may, after notice to the parties and a hearing, remove a court-appointed guardian and appoint a guardian in accordance with the provisions of section 232.117, subsection 3.

(1) (a) The moving party or a party opposed to the actions of the guardian has the burden to establish that the court-appointed guardian failed to act in the child’s best interests by unreasonably or irresponsibly failing to discharge the guardian’s duties in finding a suitable adoptive home for the child.

(1) (b) The court shall give deference to the decision of the guardian.

(2) A child fourteen years of age or older who has not been adopted but who is placed in a satisfactory foster home may, with the consent of the foster parents, join with the guardian appointed by the court in an application to the court to remove the existing guardian and appoint the foster parents as guardians of the child.

(3) The authority of a guardian appointed by the court terminates when the child reaches the age of majority or is adopted.

[C79, §232.116; C81, §232.118]88 Acts, ch 1134, §53; 2022 Acts, ch 1098, §62
Iowa Code § 490.810 — IA Code / Title XII / Chapter 490 / Section 490.810
Vacancy on board of directors.
Status: in_force

(1) Unless the articles of incorporation provide otherwise, if a vacancy occurs on a board of directors, including a vacancy resulting from an increase in the number of directors, the vacancy may be filled in any of the following manners:

(1) (a) The shareholders may fill the vacancy.

(1) (b) The board of directors may fill the vacancy.

(1) (c) If the directors remaining in office are less than a quorum, they may fill the vacancy by the affirmative vote of a majority of all the directors remaining in office.

(2) If the vacant office was held by a director elected by a voting group of shareholders, only the holders of shares of that voting group are entitled to vote to fill the vacancy if it is filled by the shareholders, and only the remaining directors elected by that voting group, even if less than a quorum, are entitled to fill the vacancy if it is filled by the directors.

(3) A vacancy that will occur at a specific later date, by reason of a resignation effective at a later date under section 490.807, subsection 2, or otherwise, may be filled before the vacancy occurs but the new director shall not take office until the vacancy occurs.

89 Acts, ch 288, §81; 2011 Acts, ch 2, §7, 10; 2013 Acts, ch 31, §26, 82; 2018 Acts, ch 1015, §6; 2021 Acts, ch 165, §96, 230