FrankGoortani/open-us-law huggingface dataset:
Iowa Code § 203C.36 — IA Code / Title V / Chapter 203C / Section 203C.36
Penalties — injunction.
Status: in_force

(1) A person who knowingly withholds information from or knowingly submits false information to the department or any of its employees in a record required to be maintained or submitted to the department under this chapter commits a fraudulent practice as provided in chapter 714.

(2) (a) Except as provided in paragraph “b”, a person commits a serious misdemeanor if the person does any of the following:

(2) (a) Engages in business as a warehouse operator without a license as required in section 203C.6.

(2) (a) Obstructs the inspection of the person’s business premises or records required to be kept by a licensed warehouse operator pursuant to section 203C.2.

(2) (a) Uses a scale weight ticket, warehouse receipt, or other document in violation of this chapter or requirements established by the department under this chapter.

(2) (b) A person who commits an offense specified in paragraph “a” after having been found guilty of the same offense commits an aggravated misdemeanor.

(3) Except as provided in subsections 1 and 2, a person who violates any provision of this chapter commits a simple misdemeanor. With respect to a continuing violation, each day that the violation continues is a separate offense.

(4) A person in violation of this chapter, or in violation of chapter 714 or 715A, which violation involves the business of a warehouse operator, is subject to prosecution by the county attorney in the county where the business is located. However, if the county attorney fails to initiate prosecution within thirty days, and upon request by the department, the attorney general may initiate and carry out the prosecution in cooperation, if possible, with the county attorney. The person in violation may be restrained by injunction in an action brought by the department or the attorney general upon request by the department.

[C24, 27, 31, §9751; C35, §9751-g33; C39, §9751.33; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §543.36; 81 Acts, ch 180, §27]92 Acts, ch 1239, §75C93, §203C.362003 Acts, ch 69, §19; 2023 Acts, ch 154, §13, 19
Iowa Code § 421.43 — IA Code / Title X / Chapter 421 / Section 421.43
Section 421.43
Status: repealed

Repealed by 2003 Acts, ch 145, §291.See §8A.502, 8A.506 – 8A.519.
Iowa Code § 204.1 — IA Code / Title V / Chapter 204 / Section 204.1
Short title.
Status: in_force

Transferred to §204A.1; 2024 Acts, ch 1177, §45.
Iowa Code § 85A.26 — IA Code / Title III / Chapter 85A / Section 85A.26
Insurance contracts.
Status: in_force

No policy of insurance in effect on October 1, 1947, covering the liability of an employer under the workers’ compensation law, shall be construed to cover the liability of such employer under this chapter for any occupational disease unless such liability is expressly accepted by the insurance carrier issuing such policy and is endorsed on the policy. The insurance or security in force to cover compensation liability under this chapter shall be separate and distinct from the insurance or security under the workers’ compensation law and any insurance contract covering liability under either this chapter or the workers’ compensation law need not cover any liability under the other.

[C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §85A.26]2019 Acts, ch 59, §36
Iowa Code § 357I.3 — IA Code / Title IX / Chapter 357I / Section 357I.3
Limitation on area and property comprising district.
Status: in_force

(1) A district is limited to property within a residential subdivision that was in existence prior to January 1, 2007, and that has received county road services pursuant to an agreement between the county and residents of the subdivision prior to July 1, 2008.

(2) Subject to the limitations in subsection 1, a district may include all or parts of the unincorporated areas of one township and any unincorporated areas of adjoining townships or parts of adjoining townships.

2008 Acts, ch 1124, §23
Iowa Code § 231C.14 — IA Code / Title VI / Chapter 231C / Section 231C.14
Civil penalties.
Status: in_force

(1) The department may establish by rule, in accordance with chapter 17A, civil penalties for the following violations by an assisted living program:

(1) (a) Noncompliance with any regulatory requirements which presents an imminent danger or a substantial probability of resultant death or physical harm to a tenant.

(1) (b) Following receipt of notice from the department, continued failure or refusal to comply within a prescribed time frame with regulatory requirements that have a direct relationship to the health, safety, or security of program tenants.

(1) (c) Preventing or interfering with or attempting to impede in any way any duly authorized representative of the department in the lawful enforcement of this chapter or of the rules adopted pursuant to this chapter. As used in this paragraph, “lawful enforcement” includes but is not limited to:

(1) (c) Contacting or interviewing any tenant of an assisted living program in private at any reasonable hour and without advance notice.

(1) (c) Examining any relevant records of an assisted living program.

(1) (c) Preserving evidence of any violation of this chapter or of the rules adopted pursuant to this chapter.

(2) If a program assessed a penalty does not request a formal hearing pursuant to chapter 17A or withdraws its request for a formal hearing within thirty days of the date the penalty was assessed, the penalty shall be reduced by thirty-five percent, if the penalty is paid within thirty days of the issuance of a demand letter issued by the department. The demand letter, which includes the civil penalty, shall include a statement to this effect.

2003 Acts, ch 166, §21; 2005 Acts, ch 60, §16, 21; 2007 Acts, ch 215, §179, 180; 2009 Acts, ch 156, §17
Iowa Code § 486A.405 — IA Code / Title XII / Chapter 486A / Section 486A.405
Actions by partnership and partners.
Status: in_force

(1) A partnership may maintain an action against a partner for a breach of the partnership agreement, or for the violation of a duty to the partnership, causing harm to the partnership.

(2) A partner may maintain an action against the partnership or another partner for legal or equitable relief, with or without an accounting as to partnership business, to do any of the following:

(2) (a) Enforce the partner’s rights under the partnership agreement.

(2) (b) Enforce the partner’s rights under this chapter, including any or all of the following:

(2) (b) The partner’s rights under section 486A.401, 486A.403, or 486A.404.

(2) (b) The partner’s right on dissociation to have the partner’s interest in the partnership purchased pursuant to section 486A.701 or enforce any other right under article 6 or 7.

(2) (b) The partner’s right to compel a dissolution and winding up of the partnership business under section 486A.801 or enforce any other right under article 8.

(2) (c) Enforce the rights and otherwise protect the interests of the partner, including rights and interests arising independently of the partnership relationship.

(3) The accrual of, and any time limitation on, a right of action for a remedy under this section is governed by other law. A right to an accounting upon a dissolution and winding up does not revive a claim barred by law.

98 Acts, ch 1201, §24, 79, 82
Iowa Code § 479.13 — IA Code / Title XI / Chapter 479 / Section 479.13
Costs and fees.
Status: in_force

The applicant shall pay all costs of the informational meetings, hearing, and necessary preliminary investigation including the cost of publishing notice of hearing, and shall pay the actual unrecovered costs directly attributable to construction inspections conducted by the commission or the commission’s designee.

[C31, §8338-d11, -d12; C35, §8338-f26; C39, §8338.34; C46, 50, 54, 58, 62, 66, 71, 73, 75, §490.13; C77, 79, 81, §479.13]88 Acts, ch 1074, §312024 Acts, ch 1170, §369
Iowa Code § 602.10117 — IA Code / Title XV / Chapter 602 / Section 602.10117
Release of lien by bond.
Status: in_force

Any person interested may release such lien by executing a bond in a sum double the amount claimed, or in such sum as may be fixed by any district judge, payable to the attorney, with security to be approved by the clerk of the supreme or district court, conditioned to pay any amount finally found due the attorney for the attorney’s services, which amount may be ascertained by suit on the bond.

[C51, §1619; R60, §2709; C73, §216; C97, §322; C24, 27, 31, 35, 39, §10925; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §610.19]83 Acts, ch 186, §10202(2)CS83, §602.10117
Iowa Code § 554.8109 — IA Code / Title XIII / Chapter 554 / Section 554.8109
Warranties in indirect holding.
Status: in_force

(1) A person who originates an entitlement order to a securities intermediary warrants to the securities intermediary that:

(1) (a) the entitlement order is made by an appropriate person, or if the entitlement order is by an agent, the agent has actual authority to act on behalf of the appropriate person; and

(1) (b) there is no adverse claim to the security entitlement.

(2) A person who delivers a security certificate to a securities intermediary for credit to a securities account or originates an instruction with respect to an uncertificated security directing that the uncertificated security be credited to a securities account makes to the securities intermediary the warranties specified in section 554.8108, subsection 1 or 2.

(3) If a securities intermediary delivers a security certificate to its entitlement holder or causes its entitlement holder to be registered as the owner of an uncertificated security, the securities intermediary makes to the entitlement holder the warranties specified in section 554.8108, subsection 1 or 2.

96 Acts, ch 1138, §17, 84
Iowa Code § 462A.5A — IA Code / Title XI / Chapter 462A / Section 462A.5A
Filing bond as assurance of ownership.
Status: in_force

An applicant for registration of a vessel for which the county recorder is not satisfied as to the ownership of the vessel as provided in section 462A.5, subsection 1, shall file with the department a bond in the form prescribed by the department and executed by the applicant, and also executed by a person authorized to conduct a surety business in this state. The form and amount of the bond shall be established by rule of the department. The bond shall be conditioned to indemnify any prior owner and secured party and any subsequent purchaser of the vessel or person acquiring any security interest in the vessel, and their respective successors in interest, against any expense, loss, or damage, including reasonable attorney fees, by reason of the issuance of the registration certificate of the vessel or on account of any defect in or undisclosed security interest upon the right, title, and interest of the applicant in and to the vessel. Any such interested person has a right of action to recover on the bond for any breach of its conditions, but the aggregate liability of the surety to all persons shall not exceed the amount of the bond. The bond shall be returned at the end of three years or prior thereto if the vessel is no longer registered in this state and the registration certificate is surrendered to the department, unless the department has been notified of the pendency of an action to recover on the bond.

2002 Acts, ch 1113, §10
Iowa Code § 514B.7 — IA Code / Title XIII / Chapter 514B / Section 514B.7
Governing body.
Status: in_force

The governing body of a health maintenance organization may include providers, other individuals, or both, but it shall establish a mechanism to allow a reasonable representation of enrollees to participate in matters of policy and operation. The commissioner shall establish guidelines to implement this section.

[C75, 77, 79, 81, §514B.7]86 Acts, ch 1180, §8
Iowa Code § 46.23 — IA Code / Title II / Chapter 46 / Section 46.23
General election and absent voter laws.
Status: in_force

So far as applicable, general election and absent voter laws shall apply to judicial elections. An application for an absent voter ballot for a general election shall also constitute an application for an absent voter ballot for a judicial election to be held at the same time, and the ballots shall be mailed or delivered to the voter together. The sealed envelope transmitted by the absent voter to the county commissioner of elections containing the absent voter general election ballot may also contain the judicial election ballot.

[C66, 71, 73, 75, 77, 79, 81, §46.23]
Iowa Code § 538A.2 — IA Code / Title XIII / Chapter 538A / Section 538A.2
Credit services organization defined — exemptions.
Status: in_force

(1) A credit services organization is a person who, with respect to the extension of credit by others and in return for the payment of money or other valuable consideration, provides, or represents that the person can or will provide, any of the following services:

(1) (a) Improving a buyer’s credit record, history, or rating.

(1) (b) Providing advice or assistance to a buyer with regard to paragraph “a”.

(2) The following are exempt from this chapter:

(2) (a) A person authorized to make loans or extensions of credit under the laws of this state or the United States who is subject to regulation and supervision of this state or the United States, or a lender approved by the United States secretary of housing and urban development for participation in a mortgage insurance program under the National Housing Act, 12 U.S.C. §1701 et seq.

(2) (b) A bank or savings and loan association whose deposits or accounts are eligible for insurance by the federal deposit insurance corporation or the federal savings and loan insurance corporation, or successor deposit insurance entities, or a subsidiary of a bank or savings and loan association.

(2) (c) A credit union doing business in this state.

(2) (d) A nonprofit organization exempt from taxation under section 501(c)(3) of the Internal Revenue Code, as defined in section 422.3.

(2) (e) A person licensed as a real estate broker or salesperson, under section 543B.20, acting within the course and scope of that license.

(2) (f) A person licensed to practice as an attorney in this state acting within the course and scope of the person’s practice as an attorney.

(2) (g) A broker-dealer registered with the securities and exchange commission or the commodity futures trading commission acting within the course and scope of the regulations of the commission that person is registered with.

(2) (h) A consumer reporting agency.

89 Acts, ch 183, §2CS89, §533C.2C93, §538A.293 Acts, ch 60, §23
Iowa Code § 502A.9 — IA Code / Title XII / Chapter 502A / Section 502A.9
Purpose.
Status: in_force

This chapter may be construed and implemented to effectuate its general purpose to protect investors, to prevent and prosecute illegal and fraudulent schemes involving commodity contracts and to maximize coordination with federal and other states’ laws and the administration and enforcement of those laws. This chapter is not intended to create any rights or remedies upon which actions may be brought by private persons against persons who violate this chapter.

90 Acts, ch 1169, §9
Iowa Code § 49.68 — IA Code / Title II / Chapter 49 / Section 49.68
State commissioner to furnish instructions.
Status: in_force

(1) The state commissioner with the approval of the attorney general shall prepare, and from time to time revise, written instructions to the voters relative to the rights of voters, and shall furnish each commissioner with copies of the instructions. Such instructions shall cover the following matters:

(1) (a) The procedure for registering to vote after the registration deadline has passed.

(1) (b) Instructions for voters who are required by law to show identification before voting.

(1) (c) General information on voting rights under applicable federal and state laws, including the following:

(1) (c) Information on the right of an individual to cast a provisional ballot and the procedure for casting a provisional ballot.

(1) (c) Federal and state laws regarding prohibitions on acts of fraud, misrepresentation, coercion, or duress.

(1) (d) Instructions on how to contact the appropriate officials if a voter believes the voter’s rights have been violated.

(2) The state commissioner shall prepare instructions relative to voting for each voting system in use in the state and shall furnish the county commissioner with copies of the instructions. Such instructions shall cover the following matters:

(2) (a) The manner of obtaining ballots.

(2) (b) The manner of marking ballots.

(2) (c) That unmarked or improperly marked ballots will not be counted.

(2) (d) The method of gaining assistance in marking ballots.

(2) (e) That any erasures or identification marks, or otherwise spoiling or defacing a ballot, will render it invalid.

(2) (f) Not to vote a spoiled or defaced ballot.

(2) (g) How to obtain a new ballot in place of a spoiled or defaced one.

(2) (h) Any other matters thought necessary.

[C97, §1111; C24, 27, 31, 35, 39, §786, 787; C46, 50, 54, 58, 62, 66, 71, 73, §49.68, 49.69; C75, 77, 79, 81, §49.68; 81 Acts, ch 34, §29]2008 Acts, ch 1115, §94
Iowa Code § 135C.42 — IA Code / Title IV / Chapter 135C / Section 135C.42
Informal conference on contested citation.
Status: in_force

(1) The director shall provide an independent reviewer to hold an informal conference with the facility within ten working days after receipt of a request made under section 135C.41, subsection 2, paragraph “a”. At the conclusion of the conference the independent reviewer may affirm or may modify or dismiss the citation. The independent reviewer shall state in writing the specific reasons for the affirmation, modification, or dismissal and immediately transmit copies of the statement to the director, and to the facility. If the facility does not desire to further contest an affirmed or modified citation, it shall comply with section 135C.41, subsection 1, within five working days after receipt of the written explanation of the independent reviewer.

(2) An independent reviewer shall be licensed as an attorney in the state of Iowa and shall not be employed or have been employed by the department in the past eight years or have appeared in front of the department on behalf of a health care facility in the past eight years. Preference shall be given to an attorney with background knowledge, experience, or training in long-term care. The department may issue a request for proposals to enter into a contract for the purpose of providing one or more independent reviewers for informal conferences.

(3) An informal conference, as required in this section, shall be held concurrently with any informal dispute resolution held pursuant to 42 C.F.R. §488.331 for those health care facilities certified under Medicare or the medical assistance program.

[C77, 79, 81, §135C.42]2013 Acts, ch 26, §2, 7; 2015 Acts, ch 80, §4; 2016 Acts, ch 1073, §59
Iowa Code § 154A.5 — IA Code / Title IV / Chapter 154A / Section 154A.5
Public members.
Status: repealed

Repealed by 2012 Acts, ch 1113, §15; . See §147.21(1).
Iowa Code § 504.1104 — IA Code / Title XII / Chapter 504 / Section 504.1104
Articles of merger.
Status: in_force

(1) After a plan of merger has been adopted and approved as required by this chapter, articles of merger shall be signed on behalf of each party to the merger by an officer or other duly authorized representative. The articles shall set forth all of the following:

(1) (a) The names of the parties to the merger.

(1) (b) If the articles of incorporation of the survivor of a merger are amended, or if a new corporation is created as a result of the merger, the amendments to the articles of incorporation of the survivor or the articles of incorporation of the new corporation.

(1) (c) If the plan of merger required approval by the members of a domestic nonprofit corporation that was a party to the merger, a statement that the plan was duly approved by the members and, if voting by any separate voting group was required, by each such separate voting group, in the manner required by this chapter and the articles of incorporation or bylaws.

(1) (d) If the plan of merger did not require approval by the members of the domestic nonprofit corporation that was a party to the merger, a statement to that effect.

(1) (e) If approval of the plan by some person or persons other than the members of the board is required pursuant to section 504.1103, subsection 1, paragraph “c”, a statement that the approval was obtained.

(1) (f) As to each foreign nonprofit corporation or eligible entity that was a party to the merger, a statement that the participation of the foreign corporation or eligible entity was duly authorized as required by the organic law of the corporation or eligible entity.

(2) Terms of the articles of merger may be dependent on facts objectively ascertainable outside the articles in accordance with section 504.111, subsection 12.

(3) Articles of merger must be delivered to the secretary of state for filing by the survivor of the merger and shall take effect at the effective time provided in section 504.114. Articles of merger filed under this section may be combined with any filing required under the organic law of any domestic eligible entity involved in the transaction if the combined filing satisfies the requirements of both this section and the other organic law.

2004 Acts, ch 1049, §128, 192; 2015 Acts, ch 45, §12
Iowa Code § 558.54 — IA Code / Title XIV / Chapter 558 / Section 558.54
Section 558.54
Status: repealed

Repealed by 2001 Acts, ch 44, §33.
Iowa Code § 203.12 — IA Code / Title V / Chapter 203 / Section 203.12
Claims cessation of a license and notice of license revocation.
Status: in_force

(1) Upon the cessation of a grain dealer license by revocation, cancellation, or expiration, any claim for the purchase price of grain against the grain dealer shall be made in writing and filed with the grain dealer and with the issuer of a deficiency bond or of an irrevocable letter of credit and with the department within one hundred twenty days after the date of the cessation. A failure to make this timely claim relieves the issuer and the grain depositors and sellers indemnity fund provided in chapter 203D of all obligations to the claimant.

(2) Upon the revocation of a grain dealer license, the department shall cause notice of the revocation to be published once each week for two consecutive weeks in a newspaper of general circulation within the state of Iowa and in a newspaper of general circulation within the county of the grain dealer’s principal place of business when that dealer’s principal place of business is located in the state of Iowa. The notice shall state the name and address of the grain dealer and the effective date of revocation. The notice shall also state that any claims against the grain dealer shall be made in writing and sent by ordinary mail or delivered personally within one hundred twenty days after revocation to the grain dealer, to the issuer of a deficiency bond or of an irrevocable letter of credit, and to the department, and the notice shall state that the failure to make a timely claim does not relieve the grain dealer from liability to the claimant.

[C79, 81, §542.12]86 Acts, ch 1152, §8C93, §203.122012 Acts, ch 1095, §91
Iowa Code § 34A.2A — IA Code / Title I / Chapter 34A / Section 34A.2A
Program manager appointment duties.
Status: in_force

(1) The director of the department of homeland security and emergency management shall appoint a 911 program manager to administer this chapter.

(2) The 911 program manager shall act under the supervisory control of the director of the department of homeland security and emergency management, and in consultation with the 911 communications council, and shall perform the duties specifically set forth in this chapter and as assigned by the director.

98 Acts, ch 1101, §5, 16; 2004 Acts, ch 1175, §446; 2013 Acts, ch 29, §33; 2017 Acts, ch 136, §4