Senate Study Bill 1153 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON ZAUN) A BILL FOR An Act relating to statutory corrections which may adjust 1 language to reflect current practices, insert earlier 2 omissions, delete redundancies and inaccuracies, delete 3 temporary language, resolve inconsistencies and conflicts, 4 update ongoing provisions, or remove ambiguities, and 5 including effective date and retroactive applicability 6 provisions. 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 8 TLSB 1829SC (13) 90 lh/ns

S.F. _____ DIVISION I 1 MISCELLANEOUS CHANGES 2 Section 1. Section 9C.9, Code 2023, is amended to read as 3 follows: 4 9C.9 Penalty. 5 Any merchant, whether an individual person, a firm, 6 corporation, partnership , or association , violating any of 7 the provisions of this chapter shall be guilty of a simple 8 misdemeanor. Each sale made in violation of the provisions 9 hereof of this chapter shall be and constitute a separate 10 offense. 11 Sec. 2. Section 9G.4, Code 2023, is amended to read as 12 follows: 13 9G.4 Land office —— how kept —— certified copies. 14 The land office shall be kept open during business hours. 15 The documents and records therein in the land office shall be 16 subject to inspection by parties having an interest therein, 17 and certified in the documents and records. Certified copies 18 thereof of a document or record in the land office , signed 19 by the secretary, with the seal of office attached, shall be 20 deemed presumptive evidence of the facts to which they relate , 21 and on . Upon request they , certified copies of documents or 22 records shall be furnished by the secretary for a reasonable 23 compensation fee . 24 Sec. 3. Section 15E.305, subsection 2, paragraph a, Code 25 2023, is amended to read as follows: 26 a. The maximum amount of tax credits granted to a taxpayer 27 shall not exceed one hundred thousand dollars of the aggregate 28 amount of tax credits authorized . 29 Sec. 4. Section 15F.403, subsection 2, paragraph a, Code 30 2023, is amended to read as follows: 31 a. Moneys in the fund are appropriated to the authority for 32 purposes of providing financial assistance to cities, counties, 33 and public entities under the sports tourism marketing and 34 infrastructure program established and administered pursuant 35 -1- LSB 1829SC (13) 90 lh/ns 1/ 82

S.F. _____ to this subchapter . 1 Sec. 5. Section 24.30, Code 2023, is amended to read as 2 follows: 3 24.30 Review by and powers of board. 4 It shall be the duty of the state board to review and finally 5 pass upon all proposed budget expenditures, tax levies , and 6 tax assessments from which appeal is taken and it . The state 7 board shall have power and authority to approve, disapprove, 8 or reduce all such proposed budgets, expenditures, and tax 9 levies so submitted to it upon appeal, as herein provided in 10 this chapter ; but in no event may it increase such budget, 11 expenditure, tax levies or assessments or any item contained 12 therein. Said The state board shall have authority to adopt 13 rules not inconsistent with the provisions of this chapter , 14 to employ necessary assistants, authorize such expenditures, 15 require such reports, make such investigations, and take 16 such other action as it deems necessary to promptly hear and 17 determine all such appeals; provided, however, that all persons 18 so employed shall be selected from persons then regularly 19 employed in some one of the offices of the members of said the 20 state board. 21 Sec. 6. Section 27A.1, Code 2023, is amended by adding the 22 following new unnumbered paragraph before subsection 1: 23 NEW UNNUMBERED PARAGRAPH . As used in this chapter: 24 Sec. 7. Section 29C.6, subsection 3, Code 2023, is amended 25 to read as follows: 26 3. When the president of the United States has declared a 27 major disaster to exist in the state and upon the governor’s 28 determination that a local government of the state will suffer 29 a substantial loss of tax and other revenues from a major 30 disaster and has demonstrated a need for financial assistance 31 to perform its governmental functions, apply to the federal 32 government, on behalf of the local government for a loan, 33 receive and disburse the proceeds of any approved loan to 34 any applicant local government, determine the amount needed 35 -2- LSB 1829SC (13) 90 lh/ns 2/ 82

S.F. _____ by any applicant local government to restore or resume its 1 governmental functions, and certify the same to the federal 2 government; however, no application amount shall exceed 3 twenty-five percent of the annual operating budget of the 4 applicant for the fiscal year in which the major disaster 5 occurs. The governor may recommend to the federal government, 6 based upon the governor’s review, the cancellation of all or 7 any part or of repayment when, in the first three full fiscal 8 year period following the major disaster, the revenues of 9 the local government are insufficient to meet its operating 10 expenses, including additional disaster-related expenses of a 11 municipal operation character. 12 Sec. 8. Section 34A.8, subsection 2, paragraph b, Code 2023, 13 is amended to read as follows: 14 b. The director, program manager, joint 911 service board, 15 local emergency management commission established pursuant 16 to section 29C.9 , the designated next generation 911 network 17 service provider, and the public safety answering point, and 18 their agents, employees, and assigns shall use local exchange 19 service information provided by the local exchange service 20 provider solely for the purposes of providing 911 emergency 21 telephone service or providing related mass notification and 22 emergency messaging services as described in section 29C.17A 23 utilizing only the subscriber’s information, and local exchange 24 service information shall otherwise be kept confidential. A 25 person who violates this section paragraph is guilty of a 26 simple misdemeanor. 27 Sec. 9. Section 41.1, subsection 52, unnumbered paragraph 28 1, Code 2023, is amended to read as follows: 29 The fifty-second representative district in Marshall county 30 shall consist of: 31 Sec. 10. Section 43.2, subsection 1, paragraph b, Code 2023, 32 is amended to read as follows: 33 b. “Political party” shall mean a party which, at the 34 last preceding general election, cast for its candidate for 35 -3- LSB 1829SC (13) 90 lh/ns 3/ 82

S.F. _____ president of the United States or for governor, as the case 1 may be, at least two percent of the total vote cast for all 2 candidates for that office at that election. It shall be the 3 responsibility of the state commissioner to determine whether 4 any organization claiming to be a political party qualifies as 5 such under the foregoing definition this paragraph . 6 Sec. 11. Section 43.50, Code 2023, is amended to read as 7 follows: 8 43.50 Signing and filing of abstract. 9 The members of the board shall sign said abstracts and 10 certify to the correctness thereof of the abstracts made 11 under section 43.49 , and file the same abstracts with the 12 commissioner. 13 Sec. 12. Section 43.60, unnumbered paragraph 1, Code 2023, 14 is amended to read as follows: 15 The county board of supervisors shall also make a separate 16 abstract of the canvass as to the following offices and certify 17 to the same and forthwith forward it the abstract to the state 18 commissioner , viz. : 19 Sec. 13. Section 85.18, Code 2023, is amended to read as 20 follows: 21 85.18 Contract to relieve not operative. 22 No A contract, rule, or device whatsoever shall not operate 23 to relieve the employer, in whole or in part, from any 24 liability created by this chapter except as herein provided in 25 this chapter . This section does not create a private cause of 26 action. 27 Sec. 14. Section 85.38, subsection 1, Code 2023, is amended 28 to read as follows: 29 1. Contributions or donations. The compensation herein 30 provided in this chapter shall be the measure of liability 31 which the employer has assumed for injuries or death that may 32 occur to employees in the employer’s employment subject to the 33 provisions of this chapter , and it shall not be in anywise 34 reduced by contribution from employees or donations from any 35 -4- LSB 1829SC (13) 90 lh/ns 4/ 82

S.F. _____ source. 1 Sec. 15. Section 85.42, subsection 2, Code 2023, is amended 2 to read as follows: 3 2. A child or children under eighteen years of age, and 4 over said age if physically or mentally incapacitated from 5 earning, whether actually dependent for support or not upon the 6 parent at the time of the parent’s death. An adopted child or 7 children shall be regarded the same as issue of the body. A 8 child The terms “child” or children “children” , as used herein 9 in this subsection , shall also include any child or children 10 conceived but not born at the time of the employee’s injury, 11 and any compensation payable on account of any such child 12 or children shall be paid from the date of their birth. A 13 stepchild or stepchildren shall be regarded the same as issue 14 of the body only when the stepparent has actually provided the 15 principal support for such child or children. 16 Sec. 16. Section 85.64, Code 2023, is amended to read as 17 follows: 18 85.64 Limitation of benefits. 19 1. If an employee who has previously lost, or lost the 20 use of, one hand, one arm, one foot, one leg, or one eye, 21 becomes permanently disabled by a compensable injury which has 22 resulted in the loss of or loss of use of another such member 23 or organ, the employer shall be liable only for the degree of 24 disability which would have resulted from the latter injury 25 if there had been no preexisting disability. In addition to 26 such compensation, and after the expiration of the full period 27 provided by law for the payments thereof of compensation by 28 the employer, the employee shall be paid out of the “Second 29 Injury Fund” second injury fund created by this subchapter the 30 remainder of such compensation as would be payable for the 31 degree of permanent disability involved after first deducting 32 from such the remainder the compensable value of the previously 33 lost member or organ. 34 2. Any benefits received by any such employee, or to which 35 -5- LSB 1829SC (13) 90 lh/ns 5/ 82

S.F. _____ the employee may be entitled, by reason of such increased 1 disability from any state or federal fund or agency, to which 2 said the employee has not directly contributed, shall be 3 regarded as a credit to any award made against said the second 4 injury fund as aforesaid . 5 Sec. 17. Section 85A.2, Code 2023, is amended to read as 6 follows: 7 85A.2 Employers included. 8 All employers as defined by the workers’ compensation law 9 of Iowa and who are engaged in any business or industrial 10 process hereinafter designated and described in this chapter 11 are employers within the provisions of this chapter and shall 12 be subject thereto to this chapter . 13 Sec. 18. Section 89.4, subsection 1, paragraph d, Code 2023, 14 is amended to read as follows: 15 d. Steam heating boilers and unfired steam pressure vessels 16 associated therewith with steam heating boilers and mobile 17 power boilers used exclusively for agricultural purposes. 18 Sec. 19. Section 89.12, Code 2023, is amended to read as 19 follows: 20 89.12 Hearing —— notice —— decree. 21 The commissioner shall notify in writing the owner or user of 22 the equipment of the time and place of hearing of the petition 23 as fixed by the court or judge, and shall serve the notice 24 on the defendant at least five days prior to the hearing in 25 the same manner as original notices are served. The general 26 provisions relating to civil practice and procedure as may be 27 applicable, shall govern the proceedings, except as herein 28 modified in this chapter . In the event the defendant does not 29 appear or plead to the action, default shall be entered against 30 the defendant. The action shall be tried in equity, and the 31 court or judge shall make such order or decree as the evidence 32 warrants. 33 Sec. 20. Section 96.2, Code 2023, is amended to read as 34 follows: 35 -6- LSB 1829SC (13) 90 lh/ns 6/ 82

S.F. _____ 96.2 Guide for interpretation. 1 As a guide to the interpretation and application of this 2 chapter , the public policy of this state is declared to be as 3 follows: Economic insecurity due to unemployment negatively 4 impacts the health, morals, and welfare of the people of Iowa. 5 These undesirable consequences can be reduced by encouraging 6 employers to provide more stable employment and by the 7 systematic accumulation of funds during periods of employment 8 to provide benefits for periods of unemployment. This chapter 9 provides for payment of benefits to workers unemployed through 10 no fault of their own. The policy herein in this chapter is 11 intended to encourage stabilization in employment, to provide 12 for integrated employment and training services in support of 13 state economic development programs, and to provide meaningful 14 job training and employment opportunities for the unemployed, 15 underemployed, economically disadvantaged, dislocated workers, 16 and others with substantial barriers to employment. To 17 further this public policy, the state, through its department 18 of workforce development, will maintain close coordination 19 among all federal, state, and local agencies whose missions 20 affect the employment or employability of the unemployed and 21 underemployed. 22 Sec. 21. Section 96.5, subsection 7, paragraph a, Code 2023, 23 is amended to read as follows: 24 a. When an employer makes a payment or becomes obligated 25 to make a payment to an individual for vacation pay, or for 26 vacation pay allowance, or as pay in lieu of vacation, such 27 payment or amount shall be deemed wages as defined in section 28 96.1A, subsection 40 , and shall be applied as provided in 29 paragraph “c” hereof of this subsection 7 . 30 Sec. 22. Section 97B.42, subsection 5, Code 2023, is amended 31 to read as follows: 32 5. Nothing herein contained in this chapter shall 33 be construed to permit any employer to make any public 34 contributions or payments on behalf of an employee in the same 35 -7- LSB 1829SC (13) 90 lh/ns 7/ 82

S.F. _____ position for the same period of time to both the Iowa public 1 employees’ retirement system and any other retirement system 2 in the state which is supported in whole or in part by public 3 contributions or payments. 4 Sec. 23. Section 100.33, Code 2023, is amended to read as 5 follows: 6 100.33 Annual report. 7 The state fire marshal shall file with the governor 8 annually, at the time provided by law, a detailed report of the 9 fire marshal’s official acts and of the affairs of the fire 10 marshal’s office which . The report shall be published and 11 distributed in the same manner as the reports of other state 12 officers. 13 Sec. 24. Section 123.32, subsection 7, Code 2023, is amended 14 to read as follows: 15 7. Appeal to administrator. An applicant for a retail 16 alcohol license may appeal from the local authority’s 17 disapproval of an application for a license or permit to the 18 administrator. In the appeal the applicant shall be allowed 19 the opportunity to demonstrate in an evidentiary hearing 20 conducted pursuant to chapter 17A that the applicant complies 21 with all of the requirements for holding the license or permit . 22 The administrator may appoint a member of the division or may 23 request an administrative law judge from the department of 24 inspections and appeals to conduct the evidentiary hearing 25 and to render a proposed decision to approve or disapprove 26 the issuance of the license or permit . The administrator may 27 affirm, reverse, or modify the proposed decision. If the 28 administrator determines that the applicant complies with 29 all of the requirements for holding a license or permit , the 30 administrator shall order the issuance of the license or 31 permit . If the administrator determines that the applicant 32 does not comply with the requirements for holding a license or 33 permit , the administrator shall disapprove the issuance of the 34 license or permit . 35 -8- LSB 1829SC (13) 90 lh/ns 8/ 82

S.F. _____ Sec. 25. Section 123.34, subsection 3, paragraph c, Code 1 2023, is amended to read as follows: 2 c. The fee for the five-day retail alcohol license is 3 one-eighth of the annual fee for that class of license or 4 permit . 5 Sec. 26. Section 123.39, subsection 3, Code 2023, is amended 6 to read as follows: 7 3. When a retail alcohol license is suspended after a 8 hearing as a result of violations of this chapter by the 9 licensee or the licensee’s agents or employees, the premises 10 which were licensed by the license shall not be relicensed 11 for a new applicant until the suspension has terminated or 12 time of suspension has elapsed, or ninety days have elapsed 13 since the commencement of the suspension, whichever occurs 14 first. However, this section does not prohibit the premises 15 from being relicensed to a new applicant before the suspension 16 has terminated or before the time of suspension has elapsed or 17 before ninety days have elapsed from the commencement of the 18 suspension, if the premises prior to the time of the suspension 19 had been purchased under contract, and the vendor under that 20 contract had exercised the person’s rights under chapter 656 21 and sold the property to a different person who is not related 22 to the previous licensee or permittee by marriage or within the 23 third degree of consanguinity or affinity and if the previous 24 licensee or permittee does not have a financial interest in the 25 business of the new applicant. 26 Sec. 27. Section 123.46A, subsection 2, Code 2023, is 27 amended to read as follows: 28 2. Licensees authorized to sell wine, beer, or mixed drinks 29 or cocktails for consumption off the licensed premises in a 30 container other than the original container may deliver the 31 wine, beer, or mixed drinks or cocktails to a home or other 32 designated location in this state only if the container other 33 than the original container has been sold and securely sealed 34 in compliance with this chapter or the rules of the division. 35 -9- LSB 1829SC (13) 90 lh/ns 9/ 82

S.F. _____ Deliveries shall be limited to alcoholic beverages authorized 1 by the licensee’s license or permit . 2 Sec. 28. Section 123.49, subsection 2, paragraph a, Code 3 2023, is amended to read as follows: 4 a. Knowingly permit any gambling, except in accordance with 5 chapter 99B , 99D , 99F , or 99G , or knowingly permit solicitation 6 for immoral purposes, or immoral or disorderly conduct on the 7 premises covered by the license or permit . 8 Sec. 29. Section 123.50, subsection 2, Code 2023, is amended 9 to read as follows: 10 2. The conviction of any retail alcohol licensee for a 11 violation of any of the provisions of section 123.49 , subject 12 to subsection 3 of this section , is grounds for the suspension 13 or revocation of the license or permit by the division or the 14 local authority. However, if any retail alcohol licensee is 15 convicted of any violation of section 123.49, subsection 2 , 16 paragraph “a” or “e” , or any retail alcohol licensee, excluding 17 a special class “B” or class “D” retail alcohol licensee, is 18 convicted of a violation of section 123.49, subsection 2 , 19 paragraph “d” , the retail alcohol license shall be revoked 20 and shall immediately be surrendered by the holder, and the 21 bond, if any, of the license holder shall be forfeited to the 22 division. However, the division shall retain only that portion 23 of the bond equal to the amount the division determines the 24 license holder owes the division. 25 Sec. 30. Section 123.50, subsection 3, paragraphs a, b, c, 26 and d, Code 2023, are amended to read as follows: 27 a. A first violation shall subject the licensee or permittee 28 to a civil penalty in the amount of five hundred dollars. 29 Failure to pay the civil penalty as ordered under section 30 123.39 shall result in automatic suspension of the license or 31 permit for a period of fourteen days. 32 b. A second violation within two years shall subject the 33 licensee or permittee to a thirty-day suspension and a civil 34 penalty in the amount of one thousand five hundred dollars. 35 -10- LSB 1829SC (13) 90 lh/ns 10/ 82

S.F. _____ c. A third violation within three years shall subject the 1 licensee or permittee to a sixty-day suspension and a civil 2 penalty in the amount of one thousand five hundred dollars. 3 d. A fourth violation within three years shall result in 4 revocation of the license or permit . 5 Sec. 31. Section 123.50, subsection 3, paragraph e, 6 subparagraphs (2) and (3), Code 2023, are amended to read as 7 follows: 8 (2) Suspension shall be limited to the specific license or 9 permit for the premises found in violation. 10 (3) Notwithstanding section 123.40 , revocation shall be 11 limited to the specific license or permit found in violation 12 and shall not disqualify a licensee or permittee from holding a 13 license or permit at a separate location. 14 Sec. 32. Section 123.50, subsection 4, Code 2023, is amended 15 to read as follows: 16 4. In addition to any other penalties imposed under this 17 chapter , the division shall assess a civil penalty up to the 18 amount of five thousand dollars upon a class “E” retail alcohol 19 licensee when the class “E” retail alcohol license is revoked 20 for a violation of section 123.59 . Failure to pay the civil 21 penalty as required under this subsection shall result in 22 forfeiture of the bond to the division. However, the division 23 shall retain only that portion of the bond equal to the amount 24 the division determines the license or permit holder owes the 25 division. 26 Sec. 33. Section 123.56, subsection 2, Code 2023, is amended 27 to read as follows: 28 2. If the county attorney or city attorney for the county 29 or city where the licensed premises is located has reason to 30 believe a public safety nuisance that constitutes a serious 31 threat to the public safety exists, the county attorney or 32 city attorney, or an attorney acting at the direction of the 33 county attorney or city attorney, may file a suit in equity 34 in district court without bond seeking abatement of a public 35 -11- LSB 1829SC (13) 90 lh/ns 11/ 82

S.F. _____ safety nuisance arising from occurring at a premises licensed 1 under this chapter pursuant to the requirements of this 2 section . 3 Sec. 34. Section 123.173, subsection 3, Code 2023, is 4 amended to read as follows: 5 3. A class “A” wine permittee shall be required to deliver 6 wine to a retail alcohol licensee, and a retail alcohol 7 licensee shall be required to accept delivery of wine from a 8 class “A” wine permittee, only at the licensed premises of the 9 retail alcohol licensee. Except as specifically permitted 10 by the division upon good cause shown, delivery or transfer 11 of wine from an unlicensed premises to a licensed retail 12 alcohol licensee’s premises, or from one licensed retail 13 alcohol licensee’s premises to another licensed retail alcohol 14 licensee’s premises, even if there is common ownership of all 15 of the premises by one retail permittee alcohol licensee , is 16 prohibited. 17 Sec. 35. Section 124.204, subsection 2, paragraphs bv, ci, 18 and ck, Code 2023, are amended to read as follows: 19 bv. N-(1-(2-flourophenethyl)piperidin-4-yl)-N-(2- 20 fluorophenyl)propionamide N-(1-(2-fluorophenethyl)piperidin-4- 21 yl)-N-(2-fluorophenyl)propionamide . Other names: 2’-Fluoro 22 ortho-fluorofentanyl, 2’-fluoro 2-fluorofentanyl. 23 ci. N-(4-methyoxyphenyl)-N-(1-phenethylpiperidin-4- 24 yl)butyramide N-(4-methoxyphenyl)-N-(1-phenethylpiperidin-4- 25 yl)butyramide . Other name: para-methyoxybutyryl fentanyl 26 para-methoxybutyryl fentanyl . 27 ck. N-(1-phenethylpiperidin-4-yl)-N-phenylisobutryamide N- 28 (1-phenethylpiperidin-4-yl)-N-phenylisobutyramide . Other name: 29 Isobutyryl fentanyl. 30 Sec. 36. Section 124.204, subsection 4, paragraph bt, Code 31 2023, is amended to read as follows: 32 bt. 1-(4-methyoxyphenyl)-N-methylpropan-2-amine 33 1-(4-methoxyphenyl)-N-methylpropan-2-amine . 34 Other names: para-methoxymethamphetamine, PMMA. 35 -12- LSB 1829SC (13) 90 lh/ns 12/ 82

S.F. _____ Sec. 37. Section 125.77, Code 2023, is amended to read as 1 follows: 2 125.77 Service of notice. 3 Upon the filing of an application pursuant to section 4 125.75 , the clerk shall docket the case and immediately 5 notify a district court judge, a district associate judge, 6 or magistrate who is admitted to the practice of law in this 7 state, who shall review the application and accompanying 8 documentation. The clerk shall send copies of the application 9 and supporting documentation, together with the notice 10 informing the respondent of the procedures required by this 11 subchapter , to the sheriff, for immediate service upon the 12 respondent. If the respondent is taken into custody under 13 section 125.81 , service of the application, documentation, 14 and notice upon the respondent shall be made at the time the 15 respondent is taken into custody. 16 Sec. 38. Section 147E.1, subsection 8, paragraph g, 17 subparagraph (2), Code 2023, is amended to read as follows: 18 (2) The commission shall defend any member, officer, 19 executive director, employee, or representative of the 20 commission in any civil action seeking to impose liability 21 arising out of any actual or alleged act, error, or omission 22 that occurred within the scope of commission employment, 23 duties, or responsibilities, or that the person against 24 whom the claim is made had a reasonable basis for believing 25 occurred within the scope of commission employment, duties, or 26 responsibilities; provided that nothing herein in this compact 27 shall be construed to prohibit that person from retaining the 28 person’s own counsel; and provided further, that the actual 29 or alleged act, error, or omission did not result from that 30 person’s intentional, willful, or wanton misconduct. 31 Sec. 39. Section 147E.1, subsection 11, paragraph a, 32 subparagraph (1), Code 2023, is amended to read as follows: 33 (1) The executive, legislative, and judicial branches 34 of state government in each member state shall enforce this 35 -13- LSB 1829SC (13) 90 lh/ns 13/ 82

S.F. _____ compact and take all actions necessary and appropriate to 1 effectuate the compact’s purposes and intent. The provisions 2 of this compact and the rules promulgated hereunder under this 3 compact shall have standing as statutory law. 4 Sec. 40. Section 152.1, subsection 7, paragraphs f and g, 5 Code 2023, are amended to read as follows: 6 f. Apply to the abilities enumerated in paragraphs “a” 7 through “e” of this subsection scientific principles, including 8 the principles of nursing skills and of biological, physical, 9 and psychosocial sciences. 10 g. f. Under a pharmacist’s order and consistent with this 11 subsection , assist in the administration of immunizations 12 and vaccinations and the utilization of statewide protocols 13 pursuant to section 155A.33B . 14 g. Apply to the abilities enumerated in paragraphs “a” 15 through “f” of this subsection scientific principles, including 16 the principles of nursing skills and of biological, physical, 17 and psychosocial sciences. 18 Sec. 41. Section 189A.7, subsection 12, Code 2023, is 19 amended to read as follows: 20 12. Serve as a representative of the governor for 21 consultation with said the secretary of agriculture of the 22 United States under paragraph “c” of section 301 of the federal 23 Meat Inspection Act and paragraph “c” of section 5 of the 24 federal Poultry Products Inspection Act unless the governor 25 selects another representative. 26 Sec. 42. Section 189A.17, subsection 4, paragraphs c and e, 27 Code 2023, are amended to read as follows: 28 c. The district court may, in case of failure or refusal 29 to obey a subpoena issued herein under this section to any 30 person, enter an order requiring such person to appear before 31 the secretary or to produce documentary evidence if so ordered, 32 or to give evidence concerning the matter in question; and any 33 failure to obey such order of the court may be punished by such 34 court as contempt. 35 -14- LSB 1829SC (13) 90 lh/ns 14/ 82

S.F. _____ e. The secretary may order testimony to be taken by 1 deposition in any proceeding or investigation pending under 2 this chapter at any stage of such proceeding or investigation. 3 Such depositions may be taken before any person designated 4 by the secretary and having power to administer oaths. Such 5 testimony shall be reduced to writing by the person taking the 6 deposition, or under the person’s direction and shall then be 7 subscribed by the deponent. Any person may be compelled to 8 appear and depose and to produce documentary evidence in the 9 same manner as witnesses may be compelled to appear and testify 10 and produce documentary evidence before the secretary as herein 11 provided in this section . 12 Sec. 43. Section 206.2, subsection 1, paragraph a, Code 13 2023, is amended to read as follows: 14 a. In the case of a pesticide other than that is not a plant 15 growth regulator, defoliant , or desiccant, an ingredient which 16 will prevent, destroy, repel, or mitigate insects, nematodes, 17 fungi, rodents, weeds, or other pests. 18 Sec. 44. Section 232.78, subsection 1, paragraph e, Code 19 2023, is amended to read as follows: 20 e. The application for the order includes a statement of the 21 facts to support the findings specified in paragraphs “a” , “b” , 22 “c” , and “d” . 23 Sec. 45. Section 232.104, subsection 1, paragraph a, 24 subparagraph (2), Code 2023, is amended to read as follows: 25 (2) For an order entered under section 232.102 , for which 26 the court has waived reasonable efforts requirements under 27 section 232.102, subsection 12 232.102A, subsection 4 , the 28 permanency hearing shall be held within thirty days of the date 29 the requirements were waived. 30 Sec. 46. Section 256.84, subsection 5, Code 2023, is amended 31 to read as follows: 32 5. The board shall establish guidelines for and may impose 33 and collect fees and charges for services. Fees and charges 34 collected by the board for services shall be deposited to the 35 -15- LSB 1829SC (13) 90 lh/ns 15/ 82

S.F. _____ credit of the division. Any interest earned on these receipts, 1 and revenues generated under subsection 7 6 , shall be retained 2 and may be expended by the division subject to the approval of 3 the board. 4 Sec. 47. Section 257.3, subsection 1, paragraph b, Code 5 2023, is amended to read as follows: 6 b. The amount paid to each school district for the tax 7 replacement claim for industrial machinery, equipment , and 8 computers under section 427B.19A shall be regarded as property 9 tax. The portion of the payment which is foundation property 10 tax shall be determined by applying the foundation property tax 11 rate to the amount computed under section 427B.19, subsection 12 3 , paragraph “a” , as adjusted by section 427B.19, subsection 3, 13 paragraph “d” , if any adjustment was made. 14 Sec. 48. Section 261.73, subsection 2, unnumbered paragraph 15 1, Code 2023, is amended to read as follows: 16 Each applicant for loan forgiveness shall, in accordance 17 with the rules of the commission, do all of the following: 18 Sec. 49. Section 261.116, subsection 3, unnumbered 19 paragraph 1, Code 2023, is amended to read as follows: 20 Each applicant for an award shall, in accordance with the 21 rules of the commission, do all of the following: 22 Sec. 50. Section 262.44, subsection 3, Code 2023, is amended 23 to read as follows: 24 3. Construct, equip, furnish, maintain, operate, manage, 25 and control any or all of the buildings, structures, 26 facilities, areas, additions, or improvements hereinbefore 27 enumerated in this section . 28 Sec. 51. Section 262.58, Code 2023, is amended to read as 29 follows: 30 262.58 Rates and terms of bonds or notes. 31 Such bonds or notes may bear such date or dates, may bear 32 interest at such rate or rates, payable semiannually, may 33 mature at such time or times, may be in such form, carry such 34 registration privileges, may be payable at such place or 35 -16- LSB 1829SC (13) 90 lh/ns 16/ 82

S.F. _____ places, may be subject to such terms of redemption prior to 1 maturity with or without premium, if so stated on the face 2 thereof of the bonds or notes , and may contain such terms and 3 covenants all as may be provided by the resolution of the board 4 authorizing the issuance of the bonds or notes. In addition 5 to the estimated cost of construction, the cost of the project 6 shall be deemed to include interest upon the bonds or notes 7 during construction and for six months after the estimated 8 completion date, the compensation of a fiscal agent or adviser, 9 and engineering, administrative , and legal expenses. Such 10 bonds or notes shall be executed by the president of the state 11 board of regents and attested by the executive director of the 12 state board of regents, secretary, or other official thereof 13 performing the duties of the executive director of the state 14 board of regents, and the coupons thereto attached to the bonds 15 or notes shall be executed with the original or facsimile 16 signatures of said president, executive director, secretary, 17 or other official. Any bonds or notes bearing the signatures 18 of officers in office on the date of the signing thereof of the 19 bonds or notes shall be valid and binding for all purposes, 20 notwithstanding that before delivery thereof any or all such 21 persons whose signatures appear thereon shall have ceased to 22 be such officers. Each such bond or note shall state upon 23 its face the name of the institution on behalf of which it is 24 issued, that it is payable solely and only from the net rents, 25 profits , and income derived from the operation of residence 26 halls or dormitories, including dining and other incidental 27 facilities, at such institution as hereinbefore provided in 28 this subchapter , and that it does not constitute a charge 29 against the state of Iowa within the meaning or application of 30 any constitutional or statutory limitation or provision. The 31 issuance of such bonds or notes shall be recorded in the office 32 of the treasurer of the institution on behalf of which the same 33 are issued, and a certificate by such treasurer to this effect 34 shall be printed on the back of each such bond or note. 35 -17- LSB 1829SC (13) 90 lh/ns 17/ 82

S.F. _____ Sec. 52. Section 262.62, Code 2023, is amended to read as 1 follows: 2 262.62 No obligation against state. 3 Under no circumstances shall any bonds or notes issued under 4 the terms of this subchapter be or become or be construed 5 to constitute a charge against the state of Iowa within the 6 purview of any constitutional or statutory limitation or 7 provision. No taxes, appropriations , or other funds of the 8 state of Iowa may be pledged for or used to pay such bonds or 9 notes or the interest thereon but any such bonds or notes shall 10 be payable solely and only as to both principal and interest 11 from the net rents, profits , and income derived from the 12 operation of residence halls and dormitories, including dining 13 and other incidental facilities therefor, at the institutions 14 of higher learning under the control of the state board of 15 regents as hereinbefore provided in this subchapter , and the 16 sole remedy for any breach or default of the terms of any 17 such bonds or notes or proceedings for their issuance shall 18 be a proceeding either in law or in equity by suit, action 19 or mandamus to enforce and compel performance of the duties 20 required by this subchapter and the terms of the resolution 21 under which such bonds or notes are issued. 22 Sec. 53. Section 266.7, Code 2023, is amended to read as 23 follows: 24 266.7 Receiving agent. 25 The treasurer of the Iowa state university of science and 26 technology is hereby authorized and empowered to receive the 27 grants of money appropriated under the said Purnell Act. 28 Sec. 54. Section 280.13A, subsection 1, Code 2023, is 29 amended to read as follows: 30 1. If a school district or nonpublic school does not 31 provide an interscholastic activity for its students, the board 32 of directors of that school district or the authorities in 33 charge of the nonpublic school may complete an agreement with 34 another school district or nonpublic school to provide for 35 -18- LSB 1829SC (13) 90 lh/ns 18/ 82