FrankGoortani/open-us-law huggingface dataset:
Iowa Code § 238.42 — IA Code / Title VI / Chapter 238 / Section 238.42
Agreement in child placements.
Status: in_force

An agency placing a child in a foster home shall enter into a written agreement with the person taking the child. The agreement shall provide that the agency shall have access at all reasonable times to the child and to the home in which the child is living, and may remove the child from the home whenever, in the opinion of the agency or the department, removal is in the best interests of the child.

[C27, 31, 35, §3661-a97; C39, §3661.111; C46, 50, 54, 58, 62, 66, §238.40; C71, 73, 75, 77, 79, 81, §238.42]2023 Acts, ch 19, §776
Iowa Code § 124.552 — IA Code / Title IV / Chapter 124 / Section 124.552
Information reporting.
Status: in_force

(1) Unless otherwise prohibited by federal or state law, each licensed pharmacy that dispenses controlled substances identified pursuant to section 124.554, subsection 1, paragraph “g”, to patients in the state, each licensed pharmacy located in the state that dispenses such controlled substances identified pursuant to section 124.554, subsection 1, paragraph “g”, to patients inside or outside the state, unless specifically excepted in this section or by rule, and each prescribing practitioner furnishing, dispensing, or supplying controlled substances to the prescribing practitioner’s patient, shall submit the following prescription information to the program:

(1) (a) Pharmacy identification.

(1) (b) Patient identification.

(1) (c) Prescribing practitioner identification.

(1) (d) The date the prescription was issued by the prescribing practitioner.

(1) (e) The date the prescription was dispensed.

(1) (f) An indication of whether the prescription dispensed is new or a refill.

(1) (g) Identification of the drug dispensed.

(1) (h) Quantity of the drug dispensed.

(1) (i) The number of days’ supply of the drug dispensed.

(1) (j) Serial or prescription number assigned by the pharmacy.

(1) (k) Type of payment for the prescription.

(1) (l) Other information identified by the board by rule.

(2) Information shall be submitted electronically in a secure format specified by the board unless the board has granted a waiver and approved an alternate secure format.

(3) Information shall be timely transmitted within one business day of the dispensing of the controlled substance, unless the board grants an extension. The board may grant an extension if either of the following occurs:

(3) (a) The pharmacy or prescribing practitioner suffers a mechanical or electronic failure, or cannot meet the deadline established by the board for other reasons beyond the pharmacy’s or practitioner’s control.

(3) (b) The board is unable to receive electronic submissions.

(4) This section shall not apply to dispensing by a licensed pharmacy for the purposes of inpatient hospice care or long-term residential facility patient care.

2006 Acts, ch 1147, §3, 11; 2007 Acts, ch 126, §25, 26; 2018 Acts, ch 1138, §5
Iowa Code § 357A.24 — IA Code / Title IX / Chapter 357A / Section 357A.24
Detachment and attachment of areas between districts.
Status: in_force

(1) The boards of two or more districts, or the boards of any district and a rural water system organized under chapter 504, may by concurrent action or agreement join in a petition to detach an area which is not being served by the facilities of one district or system for purposes of being attached to the other district or system. The concurrent action or agreement may include conditions placed on the effectiveness of the concurrent action or agreement as deemed appropriate by the boards of the districts.

(2) The petition shall be filed with the auditor of the county in which the area to be detached is located. The petition shall include all of the following regarding the area which is the subject of the petition:

(2) (a) A description by section, or fraction thereof, and by township and range of the area, in the same manner as provided in section 357A.16.

(2) (b) A verification that the area is not being served by the facilities of any district.

(2) (c) A statement asserting that the area can be adequately and economically served by the facilities of the district proposing to attach the area.

(3) Upon filing the petition, the auditor shall prepare for a hearing on the petition by following the same procedures as provided in section 357A.3. The notice of the hearing shall include all of the following:

(3) (a) The location of the area subject to the petition.

(3) (b) The time and place of the hearing as established by the supervisors for the county in which the area to be detached is located.

(3) (c) That all owners or tenants of real property within the boundaries of the area may appear and be heard.

(4) (a) After the hearing the supervisors shall order that the area subject to the petition be detached from one district and attached to the other district if the supervisors determine that all of the following have been satisfied:

(4) (a) The petition meets the requirements of this section.

(4) (a) The information included in the petition is accurate.

(4) (a) Notice required in this section has been provided.

(4) (a) The detachment and attachment is in the best interest of the residents of the area subject to the petition.

(4) (b) The order shall be published in the same newspaper which published the notice of the hearing.

(5) This section does not preclude any procedure for detaching an area from or attaching an area to a district as otherwise provided by law, including this chapter.

98 Acts, ch 1167, §2; 99 Acts, ch 114, §23; 2004 Acts, ch 1049, §191; 2004 Acts, ch 1175, §393; 2010 Acts, ch 1061, §180
Iowa Code § 256I.1 — IA Code / Title VII / Chapter 256I / Section 256I.1
Definitions.
Status: in_force

For the purposes of this chapter, unless the context otherwise requires:

(1) “Department” means the department of health and human services.

(2) “Desired results” means the set of desired results for improving the quality of life in this state for young children and their families identified in section 256I.2.

(3) “Early care”, “early care services”, or “early care system” means the programs, services, support, or other assistance made available to a parent or other person who is involved with addressing the health and education needs of a child from zero through age five. “Early care”, “early care services”, or “early care system” includes but is not limited to public and private efforts and formal and informal settings.

(4) “Early childhood Iowa area” means a geographic area designated in accordance with this chapter.

(5) “Early childhood Iowa area board” or “area board” means the board for an early childhood Iowa area created in accordance with this chapter.

(6) “Early childhood Iowa program” or “program” means the early childhood Iowa program established in section 256I.5.

(7) “Early childhood Iowa state board” or “state board” means the early childhood Iowa state board created in section 256I.3.

2010 Acts, ch 1031, §278; 2023 Acts, ch 19, §1000
Iowa Code § 214A.12 — IA Code / Title V / Chapter 214A / Section 214A.12
Industrial petroleum permits.
Status: in_force

Any wholesale dealer as defined in this chapter may apply to the department for a permit to make importations of petroleum products for industrial use only and not intended to be used for internal combustion engines, on a form to be supplied by the department, and upon receiving such permission may make importations of petroleum products for industrial use only, exempt from the specifications of this chapter.

[C31, 35, §5093-d12; C39, §5095.12; C46, 50, 54, 58, 62, 66, 71, §323.12; C73, 75, 77, 79, 81, §214A.12]2020 Acts, ch 1063, §74
Iowa Code § 508.8A — IA Code / Title XIII / Chapter 508 / Section 508.8A
Loans to employees.
Status: in_force

(1) A life insurance company having a ratio of statutory surplus to admitted assets of at least four percent may make, acquire, and hold loans to employees, officers, and directors under the following terms and conditions:

(1) (a) The company may make a mortgage loan on real property owned by an employee of the company which is to serve as the employee’s dwelling, provided the company is regularly and actively involved in making residential mortgage loans to the public.

(1) (b) The company may acquire a mortgage loan on real property owned by an employee of the company which is to serve as the employee’s dwelling, provided the company acquiring such loan is regularly and actively involved in acquiring residential mortgage loans not involving employees from sources in the secondary market.

(1) (c) The company may acquire a mortgage loan on real property owned by an employee, officer, or director which is included in a portfolio of mortgages initiated by others and acquired by the life insurance company. The mortgage loans in any such acquired portfolio of mortgage loans must satisfy both of the following conditions:

(1) (c) More than seventy-five percent of the dollar value of the mortgage loans must be for real property that is owned by persons who are not employees, officers, or directors of the company.

(1) (c) More than seventy-five percent of the mortgage loans must be for real property that is owned by persons who are not employees, officers, or directors of the company.

(1) (d) The company may continue to hold a mortgage loan on real estate which is assumed by an employee, officer, or director if the mortgage was originally properly made or acquired by the life insurance company, provided that all terms and conditions of the mortgage loan remain unchanged and the mortgage loan is serviced in accordance with customary servicing practices of prudent lending institutions.

(1) (e) The company may continue to hold a mortgage on real estate owned by an officer or director which was properly made or acquired by the company before the officer or director became an officer or director of the company, provided that all terms and conditions of the mortgage loan remain unchanged and the mortgage loan is serviced in accordance with customary servicing practices of prudent lending institutions.

(2) As used in this section, “employee” does not include officers or directors of a life insurance company.

91 Acts, ch 213, §5
Iowa Code § 476B.6A — IA Code / Title XI / Chapter 476B / Section 476B.6A
Alternative tax credit qualification — pilot project.
Status: in_force

Notwithstanding any other provision of this chapter to the contrary, the commission shall establish a pilot project which will allow for a wind energy production tax credit of one and one-half cents multiplied by the number of kilowatt-hours of qualified electricity sold or used for on-site consumption by up to two qualified facilities selected for participation in the project. To be eligible for the project, a qualified facility shall meet all eligibility requirements otherwise applicable pursuant to this chapter, and in addition shall be located in a county in this state with a population of between forty-four thousand one hundred fifty and forty-four thousand five hundred based on the 2006 census, and with a combined nameplate generating capacity of at least one megawatt per applicant. For purposes of the pilot project, the two megawatt minimum requirement for qualification pursuant to section 476B.1, subsection 4, paragraph “d”, shall not be applicable. The commission shall reduce the remaining credits available under this chapter by a dollar amount equal to the amount of credits awarded pursuant to the project.

2009 Acts, ch 179, §1432024 Acts, ch 1170, §369
Iowa Code § 479A.19 — IA Code / Title XI / Chapter 479A / Section 479A.19
Section 479A.19
Status: repealed

Repealed by 2005 Acts, ch 32, §3.
Iowa Code § 66.3 — IA Code / Title II / Chapter 66 / Section 66.3
Who may file petition.
Status: in_force

The petition for removal may be filed:

(1) By the attorney general in all cases.

(2) As to state officers, by not fewer than twenty-five electors of the state.

(3) As to any other officer, by five registered voters of the district, county, or municipality where the duties of the office are to be performed.

(4) As to district officers, by the county attorney of any county in the district.

(5) As to all county and municipal officers, by the county attorney of the county where the duties of the office are to be performed.

[S13, §1258-d; C24, 27, 31, 35, 39, §1093; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §66.3]2001 Acts, ch 56, §6
Iowa Code § 232.48 — IA Code / Title VI / Chapter 232 / Section 232.48
Predisposition investigation and report.
Status: in_force

(1) The court shall not make a disposition of the matter following the entry of an order of adjudication pursuant to section 232.47 until a predisposition report has been submitted to and considered by the court.

(2) After a petition is filed, the court shall direct a juvenile court officer or any other agency or individual to conduct a predisposition investigation and to prepare a predisposition report. The investigation and report shall cover all of the following:

(2) (a) The social history, environment and present condition of the child and the child’s family.

(2) (b) The performance of the child in school.

(2) (c) The presence of child abuse and neglect histories, learning disabilities, physical impairments and past acts of violence.

(2) (d) Other matters relevant to the child’s status as a delinquent, treatment of the child or proper disposition of the case.

(3) No predisposition report shall be submitted to or considered by the court prior to the completion of the adjudicatory hearing without the consent of the child and the child’s counsel.

(4) A predisposition report shall not be disclosed except as provided in this section and in subchapter VIII. The court shall permit the child’s attorney to inspect the predisposition report prior to consideration by the court. The court may order counsel not to disclose parts of the report to the child, or to the child’s parent, guardian, guardian ad litem, or custodian if the court finds that disclosure would seriously harm the treatment or rehabilitation of the child. If the report indicates the child has behaved in a manner that threatened the safety of another person, has committed a violent act causing bodily injury to another person, or has been a victim or perpetrator of sexual abuse, unless otherwise ordered by the court, the child’s parent, guardian, or foster parent or other person with custody of the child shall be provided with that information.

[C79, 81, §232.48]83 Acts, ch 186, §10055, 10201; 85 Acts, ch 88, §1; 2005 Acts, ch 124, §2; 2020 Acts, ch 1062, §32
Iowa Code § 260C.40 — IA Code / Title VII / Chapter 260C / Section 260C.40
Prohibition of controlled substances.
Status: in_force

Each community college shall adopt a policy that prohibits unlawful possession, use, or distribution of controlled substances by students and employees on property owned or leased by the community college or in conjunction with activities sponsored by a community college. Each community college shall provide information about the policy to all students and employees. The policy shall include a clear statement of sanctions for violation of the policy and information about available drug or alcohol counseling and rehabilitation programs. In carrying out this policy, the community college shall provide substance use disorder prevention programs for students and employees.

91 Acts, ch 267, §242CS91, §280A.40C93, §260C.402008 Acts, ch 1032, §108; 2023 Acts, ch 19, §1013
Iowa Code § 510.6 — IA Code / Title XIII / Chapter 510 / Section 510.6
Duties of insurers.
Status: in_force

(1) An insurer shall have on file an independent financial examination, in a form acceptable to the commissioner, of each managing general agent with which the insurer does or has done business.

(2) If a managing general agent establishes loss reserves, the insurer shall annually obtain the opinion of an actuary attesting to the adequacy of loss reserves established for losses incurred and outstanding on business produced by a managing general agent. This is in addition to any other required loss reserve certification.

(3) An insurer shall periodically, but at least semiannually, conduct an on-site review of the underwriting and claims processing operations of each managing general agent with which the insurer is currently doing business.

(4) Binding authority for all reinsurance contracts or participation in insurance or reinsurance syndicates shall rest with an officer of the insurer, who is not affiliated with the managing general agent.

(5) Within thirty days of entering into or termination of a contract with a managing general agent, the insurer shall provide written notification of the appointment or termination to the commissioner. A notice of appointment of a managing general agent must include a statement of duties which the applicant is expected to perform on behalf of the insurer, the lines of insurance for which the applicant is to be authorized to act, and any other information the commissioner may request.

(6) An insurer shall review its books and records each quarter and determine if any insurance producer, as defined by section 510A.2, has become, by operation of section 510.1B, subsection 4, a managing general agent as defined in that section. If the insurer determines that an insurance producer has become a managing general agent by operation of section 510.1B, subsection 4, the insurer shall promptly notify the insurance producer and the commissioner of such determination and the insurer and insurance producer shall fully comply with the provisions of this chapter within thirty days.

(7) An insurer shall not appoint to its board of directors an officer, director, employee, insurance producer, or controlling shareholder of a managing general agent of the insurer. This subsection shall not apply to relationships governed by chapter 521A relating to the regulation of insurance company holding systems, or, if applicable, by chapter 510A relating to the regulation of insurance producer controlled property and casualty insurers.

91 Acts, ch 26, §5; 91 Acts, ch 258, §56; 2004 Acts, ch 1101, §71
Iowa Code § 135G.8 — IA Code / Title IV / Chapter 135G / Section 135G.8
Provisional license.
Status: in_force

The department may issue a provisional license, effective for not more than one year, to a licensee whose subacute care facility does not meet the requirements of this chapter if, prior to issuance of the license, the applicant submits written plans to achieve compliance with the applicable requirements and the plans are approved by the department. The plans shall specify the deadline for achieving compliance.

2012 Acts, ch 1120, §47
Iowa Code § 468.539 — IA Code / Title XI / Chapter 468 / Section 468.539
Qualified application.
Status: in_force

Part 2 of this subchapter shall also apply to this part, except as follows:

(1) The trustees of the overlying district serving on the board at the time of acceptance as described in section 468.538 shall be considered initially elected as the trustees of the drainage or levee district as provided in sections 468.502, 468.503, and 468.521.

(2) (a) The board of trustees described in subsection 1 shall do all of the following:

(2) (a) Establish the overlying district as a new drainage or levee district, which must include all improvements and rights-of-way surrendered by a board of supervisors or board of trustees of the contained district.

(2) (a) Divide the new drainage or levee district into three election districts in the same manner as a board of supervisors acting pursuant to sections 468.504 and 468.505.

(2) (b) The petition described in section 468.501 is not required to be filed or considered under this subsection.

(3) Each of the three persons elected as trustee to serve on a new drainage or levee district established pursuant to an election held by the board of trustees described in subsection 1 shall hold office for a staggered term as provided in section 468.518. A person elected as a trustee of the new drainage or levee district shall be elected from a specified election district, unless the person is elected at large as provided in subsection 4.

(4) The board of trustees described in subsection 1 or a subsequent board of trustees of the new drainage or levee district may provide for the election of two additional persons to serve as trustees. The two additional persons shall be elected at large by all qualified voters for the entire drainage or levee district. Of the five persons elected as trustees of the new drainage or levee district, not more than two persons shall be elected from the same specified election district. One person’s initial term shall be for one year and the second person’s initial term shall be for two years in the same manner as provided in section 468.518.

(5) Votes shall be determined as provided pursuant to either section 468.510 or 468.511 in the same manner as was determined for the overlying district.

2013 Acts, ch 86, §4, 6
Iowa Code § 515B.15 — IA Code / Title XIII / Chapter 515B / Section 515B.15
Stay of proceedings.
Status: in_force

(1) All proceedings to which the insolvent insurer is a party or in which it is obligated to defend a party shall be stayed from the date of the insolvency to and including the date set as the deadline for the filing of claims against the insolvent insurer or its receiver. However, upon application, the court having jurisdiction of the receivership, may lengthen or shorten the period, either as to all claims or as to any particular claim. The association may, at the option of the association, waive such stay as to specific cases involving covered claims.

(2) As to any covered claims based on the default of an insurer who is or who becomes insolvent, or based on the failure of an insurer to defend an insured, the association, on its own behalf or on behalf of the insured, is entitled to set the default aside and defend such claim on its merits.

[C71, 73, 75, 77, 79, 81, §515B.15]92 Acts, ch 1162, §42; 97 Acts, ch 186, §18; 2019 Acts, ch 24, §104
Iowa Code § 144.45 — IA Code / Title IV / Chapter 144 / Section 144.45
Certified copies.
Status: in_force

(1) The state registrar and the county registrar shall, upon written request from any applicant entitled to a record, issue a certified copy of any certificate or record in the registrar’s custody or of a part of a certificate or record. Each copy issued shall show the date of registration; and copies issued from records marked “delayed”, “amended”, or “court order” shall be similarly marked and show the effective date.

(2) A certified copy of a certificate, or any part thereof, shall be considered for all purposes the same as the original and shall be prima facie evidence of the facts therein stated, provided that the evidentiary value of a certificate or record filed more than one year after the event, or a record which has been amended, shall be determined by the judicial or administrative body or official before whom the certificate is offered as evidence.

(3) The national division of vital statistics may be furnished copies or data which it requires for national statistics, provided that the state be reimbursed for the cost of furnishing data, and provided further that data shall not be used for other than statistical purposes by the national division of vital statistics unless so authorized by the state registrar.

(4) Federal, state, local, and other public or private agencies may, upon written request, be furnished copies or data for statistical purposes upon terms or conditions prescribed by the department.

(5) No person shall prepare or issue any certificate which purports to be an original, certified copy, or copy of a certificate of birth, death, fetal death, or marriage except as authorized in this chapter.

[S13, §2575-a45; C24, 27, 31, 35, 39, §2349, 2416, 2426, 2429, 2431; C46, 50, 54, 58, 62, 66, §141.33, 144.31, 144.41, 144.46, 144.48; C71, 73, 75, 77, 79, 81, §144.45]95 Acts, ch 124, §7, 26; 2017 Acts, ch 54, §76