FrankGoortani/open-us-law huggingface dataset:
Iowa Code § 489.1023 — IA Code / Title XII / Chapter 489 / Section 489.1023
Approval of merger.
Status: in_force

(1) A plan of merger is not effective unless it has been approved according to all of the following:

(1) (a) By a domestic merging limited liability company, by all the members of the company entitled to vote on or consent to any matter.

(1) (b) In a record, by each member of a domestic merging limited liability company which will have interest holder liability for debts, obligations, and other liabilities that are incurred after the merger becomes effective, unless all of the following apply:

(1) (b) The operating agreement of the limited liability company provides in a record for the approval of a merger in which some or all of its members become subject to interest holder liability by the affirmative vote or consent of fewer than all the members.

(1) (b) The member consented in a record to or voted for that provision of the operating agreement or became a member after the adoption of that provision.

(2) A merger involving a domestic merging entity that is not a limited liability company is not effective unless the merger is approved by that entity in accordance with its organic law.

(3) A merger involving a foreign merging entity is not effective unless the merger is approved by the foreign entity in accordance with the law of the foreign entity’s jurisdiction of formation.

2023 Acts, ch 152, §89, 161
Iowa Code § 497.12 — IA Code / Title XII / Chapter 497 / Section 497.12
Stockholding.
Status: in_force

At any regular meeting, or any regularly called special meeting, at which at least a majority of all of its stockholders shall be present, or represented, an association organized under this chapter, may by a majority vote of the stockholders present or represented, subscribe for shares and invest its reserve fund, not to exceed twenty-five percent of its capital, in the capital stock of any other cooperative association.

[SS15, §1641-r9; C24, 27, 31, 35, 39, §8470; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §497.12]
Iowa Code § 8A.703 — IA Code / Title I / Chapter 8A / Section 8A.703
State historical society of Iowa — board of trustees.
Status: in_force

(1) A state historical society board of trustees is established consisting of seven members selected as follows:

(1) (a) Two members shall be elected by the members of the state historical society according to rules established by the board of trustees.

(1) (b) The governor shall appoint five members from the state at large, considering but not requiring geographical diversity, at least one of whom shall be on the faculty of a college or university in the state engaged in a discipline related to the activities of the historical society.

(2) The term of office of members of the board of trustees is three years beginning on July 1 and ending June 30. The terms of office of the governor’s appointees are staggered terms of three years each, so that three members are appointed each year.

[C73, §1885, 1901; C97, §2858, 2883; S13, §2881-a; C24, 27, 31, 35, §4512 – 4514, 4543; C39, §4541.01, 4541.02, 4543; C46, 50, 54, 58, 62, 66, 71, 73, §303.1, 303.2, 304.2; C75, 77, 79, 81, §303.1; 82 Acts, ch 1238, §2]86 Acts, ch 1245, §1305C87, §303.489 Acts, ch 78, §1; 93 Acts, ch 18, §1; 2005 Acts, ch 80, §1; 2015 Acts, ch 30, §96; 2016 Acts, ch 1135, §12; 2023 Acts, ch 19, §1424C2024, §8A.7032024 Acts, ch 1170, §130
Iowa Code § 155A.2B — IA Code / Title IV / Chapter 155A / Section 155A.2B
Practice of pharmacy general principles.
Status: in_force

To evaluate whether an act by a licensee or registrant under this chapter violates the appropriate standard of care, a licensee or registrant of the board must consider all of the following:

(1) Whether performance of the act is expressly prohibited by a provision of this chapter.

(2) Whether performance of the act is expressly prohibited by a rule adopted by the board.

(3) Whether performance of the act is consistent with the education, training, and experience of a licensee or registrant.

(4) Whether performance of the act is within the accepted standard of care that would be provided in a similar setting by a reasonable and prudent licensee or registrant with similar education, training, and experience.

2024 Acts, ch 1056, §1
Iowa Code § 190C.6 — IA Code / Title V / Chapter 190C / Section 190C.6
Regional organic associations.
Status: in_force

(1) Regional organic associations may be established as provided in this section. A regional organic association must be organized as a corporation under chapter 504 which has certified members, elects its own officers and directors, and is independent from the department.

(2) The department may authorize a regional organic association to assist the department in acting as a state certifying agent pursuant to section 190C.3. The regional organic association must be registered with the department. Upon request by the department, a registered regional organic association may do all of the following:

(2) (a) Review applications and provide applicants with technical assistance in completing applications. The department may authorize a regional organic association to process applications, including collecting and forwarding applications to the department.

(2) (b) Prepare a summary of an application, including materials accompanying the application, for review by the department. A regional organic association may include a recommendation for approval, modification, or disapproval of an application.

98 Acts, ch 1205, §6, 20; 2003 Acts, ch 104, §11, 21; 2004 Acts, ch 1049, §191; 2004 Acts, ch 1175, §394
Iowa Code § 368.9 — IA Code / Title IX / Chapter 368 / Section 368.9
Board created.
Status: in_force

(1) A city development board is created. The economic development authority shall provide office space and staff assistance, and shall budget funds to cover expenses of the board and committees. The board consists of five members appointed by the governor subject to confirmation by the senate. The appointments must be for four-year staggered terms beginning and ending as provided by section 69.19, or to fill an unexpired term in case of a vacancy. Members are eligible for reappointment.

(2) The board shall be composed of the following members:

(2) (a) One member appointed from a city with a population of more than forty-five thousand, according to the most recent certified federal census.

(2) (b) One member appointed from a city with a population of forty-five thousand or less, according to the most recent certified federal census.

(2) (c) One member appointed from a county with a population of more than fifty thousand, according to the most recent certified federal census.

(2) (d) One member appointed from a county with a population of fifty thousand or less, according to the most recent certified federal census.

(2) (e) One member appointed to represent the general public.

(3) Each member is entitled to receive from the state actual and necessary expenses in performance of board duties and may also be eligible to receive compensation as provided in section 7E.6.

[C75, 77, 79, 81, §368.9]86 Acts, ch 1245, §847; 91 Acts, ch 250, §5; 2010 Acts, ch 1038, §1 – 3; 2011 Acts, ch 118, §85, 89
Iowa Code § 53.34 — IA Code / Title II / Chapter 53 / Section 53.34
False affidavit.
Status: repealed

Repealed by 2021 Acts, ch 147, §52, 54; . See §39A.2.
Iowa Code § 456A.26 — IA Code / Title XI / Chapter 456A / Section 456A.26
Interpretation and limitations.
Status: in_force

Sections 456A.23 through 456A.25 shall not be construed as authorizing the commission to change any penalty for violating any game law or regulation, or change the amount of any license established by the legislature, or to promulgate any open season on any fish, animal, or bird contrary to the laws of the state of Iowa, or to extend except as provided in this chapter any open season or bag limit on any kind of fish, game, fur-bearing animals, or of any birds prescribed by the laws of the state of Iowa or by federal laws or regulations, or to contract any indebtedness or obligation beyond the funds to which they are lawfully entitled.

[C31, 35, §1703-d15; C39, §1703.52; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §107.26]C93, §456A.262009 Acts, ch 133, §156
Iowa Code § 535C.8 — IA Code / Title XIII / Chapter 535C / Section 535C.8
Waiver of rights.
Status: in_force

A waiver of this chapter by a borrower prior to or at the time of entering into a loan brokerage agreement is contrary to public policy and is void. An attempt by a loan broker to have a borrower waive any rights given in this chapter is a violation of this chapter.

83 Acts, ch 146, §8
Iowa Code § 523A.301 — IA Code / Title XIII / Chapter 523A / Section 523A.301
Definition.
Status: in_force

As used in sections 523A.302 and 523A.303, “director” means the director of health and human services.

2001 Acts, ch 118, §25; 2023 Acts, ch 19, §1219
Iowa Code § 633.149 — IA Code / Title XV / Chapter 633 / Section 633.149
Filing of bond.
Status: in_force

At the time of commencing any action or proceeding in any court of this state, the foreign fiduciary shall file with the court an authenticated copy of the fiduciary’s appointment, and of the fiduciary’s official bond, if the fiduciary has given a bond. If the court believes that the security furnished by the fiduciary in the domiciliary administration is insufficient to cover the proceeds of the action or the proceeding, or for any other reason or cause, it may at any time order the action or proceeding stayed until sufficient security is furnished in the action or proceeding.

[C66, 71, 73, 75, 77, 79, 81, §633.149]
Iowa Code § 811.11 — IA Code / Title XVI / Chapter 811 / Section 811.11
Bail after deferred judgment.
Status: in_force

Upon entry of an order by the court deferring judgment, effecting a discharge of the surety as required under section 811.10, the defendant may be admitted to bail, as a condition of the deferral of judgment. Admittance to bail under this section, if required by the court, requires a new bail undertaking by the defendant. The surety under this section is responsible only for the failure of the defendant to appear at required court appearances during the period of deferral of judgment.

84 Acts, ch 1152, §4
Iowa Code § 501B.21 — IA Code / Title XII / Chapter 501B / Section 501B.21
Membership interest not transferable.
Status: in_force

Except as otherwise provided in the governing principles, a member’s interest or any right under the governing principles is not transferable.

2010 Acts, ch 1112, §21, 33
Iowa Code § 12B.10B — IA Code / Title I / Chapter 12B / Section 12B.10B
Written investment policies.
Status: in_force

(1) Political subdivisions shall approve written investment policies which incorporate the guidelines specified in sections 12B.10, 12B.10A, this section, and section 12B.10C, and any other provisions deemed necessary to adequately safeguard invested public funds.

(2) The written investment policy required by section 12B.10 shall be delivered to all of the following:

(2) (a) The governing body or officer of the public entity to which the policy applies.

(2) (b) All depository institutions or fiduciaries for public funds of the public entity.

(2) (c) The auditor of the public entity.

(3) The following entities are not subject to this section:

(3) (a) The public safety peace officers’ retirement system governed by chapter 97A.

(3) (b) The Iowa public employees’ retirement system governed by chapter 97B.

(3) (c) The Iowa finance authority governed by chapter 16.

(3) (d) The state board of regents governed by chapter 262.

(3) (e) A pension and annuity retirement system governed by chapter 294.

(3) (f) The statewide fire and police retirement system governed by chapter 411.

(3) (g) The judicial retirement system governed by chapter 602, article 9.

(3) (h) The deferred compensation plan established by the executive council pursuant to section 509A.12.

(3) (i) The tobacco settlement authority governed by chapter 12E.

(3) (j) Municipal utility retirement systems governed under chapter 412.

92 Acts, ch 1156, §18; 96 Acts, ch 1187, §77; 97 Acts, ch 185, §3; 2000 Acts, ch 1208, §22, 25; 2001 Acts, ch 102, §2; 2010 Acts, ch 1061, §4
Iowa Code § 455B.270 — IA Code / Title XI / Chapter 455B / Section 455B.270
Rights preserved.
Status: reserved

The sections of this part which relate to the withdrawal, diversion, or storage of water do not deprive any person of the right to use diffused waters, to drain land by use of tile, open ditch, or surface drainage, or to construct an impoundment on the person’s property or across a stream that originates on the person’s property if provision is made for safe construction and for a continued established average minimum flow when the flow is required to protect the rights of water users below.

[C58, 62, 66, 71, 73, 75, 77, 79, 81, §455A.27; 82 Acts, ch 1199, §24, 96]C83, §455B.27083 Acts, ch 137, §15
Iowa Code § 464A.1 — IA Code / Title XI / Chapter 464A / Section 464A.1
Resolution of necessity.
Status: in_force

Whenever, in the opinion of the commission, it is necessary and desirable for it to erect a dam or spillway across a stream or at the outlet of a lake, or to alter or reconstruct an existing dam or spillway, so as to increase or decrease its permanent height, or to permanently affect the water level above the structure, it shall proceed with said project by first adopting a resolution of necessity to be placed upon its records, in which it shall describe in a general way the work contemplated.

[C24, 27, 31, §1826; C35, §1828-e1; C39, §1828.24; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §112.1]86 Acts, ch 1245, §1877C93, §464A.1
Iowa Code § 490.840 — IA Code / Title XII / Chapter 490 / Section 490.840
Officers.
Status: in_force

(1) A corporation has the officers described in its bylaws or appointed by the board of directors in accordance with the bylaws.

(2) The board of directors may elect individuals to fill one or more offices of the corporation. An officer may appoint one or more officers if authorized by the bylaws or the board of directors.

(3) The bylaws or the board of directors shall assign to an officer responsibility for maintaining and authenticating the records of the corporation required to be kept under section 490.1601, subsection 1.

(4) The same individual may simultaneously hold more than one office in a corporation.

89 Acts, ch 288, §93; 2002 Acts, ch 1154, §41, 125; 2021 Acts, ch 165, §106, 230
Iowa Code § 203.16 — IA Code / Title V / Chapter 203 / Section 203.16
Confidentiality of records.
Status: in_force

Notwithstanding chapter 22, all financial statements of grain dealers under this chapter shall be kept confidential by the department and its agents and employees and are not subject to disclosure except as follows:

(1) Upon waiver by the licensee.

(2) In actions or administrative proceedings commenced under this chapter or chapter 203C.

(3) Disclosure to the Iowa grain indemnity fund board in regard to licensees who present liability to the fund.

(4) When required by subpoena or court order.

(5) Disclosure to law enforcement agencies in regard to the detection and prosecution of public offenses.

(6) When released to a bonding company approved by the department, or released to the United States department of agriculture or any of its divisions.

(7) Where released at the request of the Iowa accountancy examining board for licensee review and discipline in accordance with chapters 272C and 542 and subject to the confidentiality requirements of section 272C.6.

[81 Acts, ch 180, §13]C83, §542.1683 Acts, ch 101, §1; 89 Acts, ch 143, §601C93, §203.1699 Acts, ch 106, §8; 2001 Acts, ch 55, §23, 382024 Acts, ch 1170, §248
Iowa Code § 2B.40 — IA Code / Title I / Chapter 2B / Section 2B.40
Relation to Electronic Signatures in Global and National Commerce Act.
Status: in_force

This subchapter modifies, limits, or supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. §7001 et seq., but does not modify, limit, or supersede section 101(c) of that Act, 15 U.S.C. §7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of that Act, 15 U.S.C. §7003(b).

2019 Acts, ch 92, §10
Iowa Code § 483A.28 — IA Code / Title XI / Chapter 483A / Section 483A.28
Noncommercial harvest of aquatic species.
Status: in_force

(1) A boundary waters sport trotline license entitles the licensee to use a maximum of four trotlines with two hundred hooks in the aggregate and only on boundary waters. All boundary waters sport trotlines shall be tagged with the name and address of the licensee on a weather-resistant tag provided by the licensee and affixed above the waterline. A boundary waters sport trotline licensee is not permitted to sell, barter, or trade fish or turtles taken pursuant to the license.

(2) A valid fishing license issued pursuant to this chapter entitles the licensee to take and possess a maximum of one hundred pounds of live turtles or fifty pounds of dressed turtles. Any unattended fishing gear used to take turtles pursuant to a fishing license shall be tagged with the name and address of the licensee on a weather-resistant tag provided by the licensee and affixed above the waterline. A fishing licensee is not permitted to sell, barter, or trade live or dressed turtles taken pursuant to the license.

(3) A valid fishing license issued pursuant to this chapter entitles the licensee to take and possess a maximum amount of mussels or shells daily as authorized by rule under the authority of sections 456A.24, 481A.38, and 481A.39. A fishing licensee shall not sell, barter, or trade freshwater mussels or shells taken pursuant to the fishing license.

(4) Any person who is issued a valid fishing license pursuant to this chapter may fish with a third line as provided in section 481A.72 only upon the annual purchase of a third line fishing permit as provided in rules adopted pursuant to section 483A.1.

2009 Acts, ch 144, §43; 2012 Acts, ch 1096, §21, 23; 2018 Acts, ch 1159, §24, 28
Iowa Code § 504.1503 — IA Code / Title XII / Chapter 504 / Section 504.1503
Application for certificate of authority.
Status: in_force

(1) A foreign corporation may apply for a certificate of authority to transact business in this state by delivering an application to the secretary of state. The application must set forth all of the following:

(1) (a) The name of the foreign corporation or, if its name is unavailable for use in this state, a corporate name that satisfies the requirements of section 504.1506.

(1) (b) The name of the state or country under whose law it is incorporated.

(1) (c) The date of incorporation and period of duration.

(1) (d) The address of its principal office.

(1) (e) The address of its registered office in this state and the name of its registered agent at that office.

(1) (f) The names and usual business or home addresses of its current directors and officers.

(1) (g) Whether the foreign corporation has members.

(2) The foreign corporation shall deliver the completed application to the secretary of state, and shall also deliver to the secretary of state a certificate of existence or a document of similar import duly authenticated by the secretary of state or other official having custody of corporate records in the state or country under whose law it is incorporated which is dated no earlier than ninety days prior to the date the application is filed with the secretary of state.

2004 Acts, ch 1049, §155, 192
Iowa Code § 633.20D — IA Code / Title XV / Chapter 633 / Section 633.20D
Associate probate judge jurisdiction appeals.
Status: in_force

(1) An associate probate judge shall have the same jurisdiction to conduct probate court proceedings, to issue no-contact or protective orders, injunctions, contempt orders for adults in probate court proceedings, and to issue orders, findings, and decisions as the judge of the probate court. However, the chief judge may limit the exercise of probate court jurisdiction by the associate probate judge.

(2) The parties to a proceeding heard by an associate probate judge are entitled to appeal the order, finding, or decision of an associate probate judge, in the manner of an appeal from orders, findings, or decisions of district court judges. An appeal does not automatically stay the order, finding, or decision of an associate probate judge.

2010 Acts, ch 1159, §14
Iowa Code § 639.2 — IA Code / Title XV / Chapter 639 / Section 639.2
Proceedings auxiliary.
Status: in_force

If it be subsequent to the commencement of the action, a separate petition or an amendment to the petition must be filed, and in all cases the proceedings relative to the attachment are to be deemed independent of the ordinary proceedings and only auxiliary thereto.

[C51, §1847; R60, §3173; C73, §2950; C97, §3877; C24, 27, 31, 35, 39, §12079; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §639.2]
Iowa Code § 321.85 — IA Code / Title VIII / Chapter 321 / Section 321.85
Stolen vehicles or component parts.
Status: in_force

When a vehicle or component part is seized under section 321.84 or is stolen or embezzled, and is not claimed by the owner before the date on which the person charged with its stealing or embezzling is convicted, the officer having the vehicle or component part in the officer’s custody shall, on that date by certified mail, notify the department that the officer has the vehicle or component part in the officer’s possession, giving a full and complete description of it, including all vehicle identification numbers and component part numbers. If there is a dispute regarding a claim for the vehicle or component part, the agency holding the vehicle or component part shall conduct an evidentiary hearing to adjudicate the claim.

[C24, §12222; C27, 31, 35, §5083-b2, 12222; C39, §5006.14; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.85]85 Acts, ch 64, §1
Iowa Code § 423G.5 — IA Code / Title X / Chapter 423G / Section 423G.5
Administration by director.
Status: in_force

(1) The director of revenue shall administer the water service tax as nearly as possible in conjunction with the administration of the state sales and use tax law, except that portion of the law that implements the streamlined sales and use tax agreement. The director shall provide appropriate forms, or provide on the regular state tax forms, for reporting water service tax liability, and for ease of administration may require water service tax liability to be identified, reported, and remitted to the department as sales and use tax liability, provided the department has the ability to properly identify such amounts as water service tax revenues upon receipt.

(2) The director may require all persons who are engaged in the business of deriving any sales price or purchase price subject to tax under this chapter to register with the department. The director may also require a tax permit applicable only to this chapter for any retailer not collecting, or any user not paying, taxes under chapter 423.

(3) Section 422.25, subsection 4, sections 422.30, 422.67, and 422.68, section 422.69, subsection 1, sections 422.70, 422.71, 422.72, 422.74, and 422.75, section 423.14, subsection 1, and sections 423.23, 423.24, 423.25, 423.31 through 423.35, 423.37 through 423.42, and 423.47, consistent with the provisions of this chapter, shall apply with respect to the tax authorized under this chapter, in the same manner and with the same effect as if the excise taxes on the sale or furnishing of a water service were retail sales taxes within the meaning of those statutes. Notwithstanding this subsection, the director shall provide for monthly filing of returns and for other than monthly filing of returns both as prescribed in section 423.31. All taxes collected under this chapter by a retailer or any user are deemed to be held in trust for the state of Iowa.

2018 Acts, ch 1001, §15, 27; 2018 Acts, ch 1161, §25; 2022 Acts, ch 1138, §32