House File 697 H-1734 Amend House File 697 as follows: 1 1. Page 457, after line 6 by inserting: 2 < Sec. ___. NEW SECTION . 7E.8 Implementation of 3 federal statute, regulation, or policy. 4 1. Except as otherwise explicitly authorized by 5 state law, a state administrative agency charged with 6 the implementation of a federal statute, regulation, or 7 policy shall not exceed the specific requirements of 8 that statute, regulation, or policy. 9 2. Any portion of a state administrative agency 10 rule or policy that is in violation of subsection 1 is 11 void. > 12 2. Page 457, after line 6 by inserting: 13 < Sec. ___. NEW SECTION . 9.8 Employee 14 classifications. 15 In addition to public employees listed in section 16 20.4, public employees of the secretary of state who 17 hold positions that are classified in the information 18 technology specialist series and administrative 19 assistant series are excluded from chapter 20. > 20 3. Page 457, after line 6 by inserting: 21 < Sec. ___. NEW SECTION . 274.3 Exercise of powers 22 —— construction. 23 1. The board of directors of a school district 24 shall operate, control, and supervise all public 25 schools located within its district boundaries and may 26 exercise any broad and implied power related to the 27 operation, control, and supervision of those public 28 schools except as expressly prohibited or prescribed by 29 the Constitution of the State of Iowa or by statute. 30 2. Notwithstanding subsection 1, the board of 31 directors of a school district shall not have power to 32 levy any tax unless expressly authorized by the general 33 assembly. 34 3. This section shall not apply to a research and 35 development school as defined in section 256G.2 or to 36 a laboratory school as defined in section 265.1. The 37 board of directors of a school district in which such a 38 research and development school or laboratory school 39 is located shall not exercise over such a school any 40 powers granted to the board by subsection 1. 41 4. This chapter, chapter 257 and chapters 275 42 through 301, and other statutes relating to the 43 boards of directors of school districts and to school 44 districts shall be liberally construed to effectuate 45 the purposes of subsection 1. > 46 4. Page 457, after line 12 by inserting: 47 < Sec. ___. Section 422.11P, subsection 2, paragraph 48 b, Code 2011, as enacted by 2011 Iowa Acts, Senate File 49 531, section 25, is amended to read as follows: 50 -1- HF697.3306 (4) 84 tm/jp 1/ 57 #1. #2. #3. #4.

b. The tax credit shall apply to biodiesel blended 1 fuel classified as provided in this section , if the 2 classification meets the standards provided in section 3 214A.2 . In ensuring that biodiesel blended fuel meets 4 the classification requirements of this section, the 5 department shall take into account reasonable variances 6 due to testing and other limitations. > 7 5. Page 457, after line 12 by inserting: 8 < Sec. ___. Section 455A.6, subsection 5, Code 2011, 9 is amended by striking the subsection and inserting in 10 lieu thereof the following: 11 5. Six members of the commission is a quorum, and a 12 majority of the commission membership may act in any 13 matter within the jurisdiction of the commission. 14 Sec. ___. Section 455A.6, subsection 6, paragraph 15 a, Code 2011, is amended to read as follows: 16 a. Establish policy for the department and adopt 17 rules, pursuant to chapter 17A, necessary to provide 18 for the effective administration of chapter 455B, 455C, 19 or 459. The commission shall have only that authority 20 or discretion which is explicitly delegated to or 21 conferred upon the commission by chapter 455B, 455C, or 22 459, and shall not expand or enlarge on that authority 23 or discretion. > 24 6. Page 475, before line 24 by inserting: 25 < DIVISION ___ 26 HALLUCINOGENIC SUBSTANCES 27 Sec. ___. Section 124.204, subsection 4, Code 2011, 28 is amended by adding the following new paragraph: 29 NEW PARAGRAPH . ai. (1) Mephedrone, also known as 30 4-methylmethcathinone,(RS)-2-methylamino-l-(4-methylphenyl) 31 propan-1-one. 32 (2) Methylene-dioxypyrovalerone(MDPV)[(1-(1,3- 33 Benzodioxol-5-yl)-2-(1-pyrrolidinyl)-1-pentanone]. 34 (3) Salvia divinorum. 35 (4) Salvinorin A. 36 (5) Any substance, compound, mixture or preparation 37 which contains any quantity of any synthetic 38 cannabinoid that is not approved as a pharmaceutical, 39 including but not limited to the following: 40 (a) CP 47, 497 and homologues 2-[(1R, 3S)-3- 41 hydroxycyclohexyl]-5-(2-methyloctan-2-yl)phenol). 42 (b) HU-210[(6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3- 43 (2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c] 44 chromen-1-ol)]. 45 (c) HU-211(dexanabinol, (6aS,10aS)-9-(hydroxymethyl)-6,6- 46 dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c] 47 chromen-1-ol). 48 (d) JWH-018 1-Pentyl-3-(1-naphthoyl)indole. 49 (e) JWH-073 1-Butyl-3-(1-naphthoyl)indole. 50 -2- HF697.3306 (4) 84 tm/jp 2/ 57 #5. #6.

(f) JWH-200 [1-[2-(4-morpholinyl)ethyl]-1H-indol-3-yl]-1- 1 naphthalenyl-methanone. 2 Sec. ___. Section 124.401, subsection 1, paragraph 3 c, subparagraph (8), Code 2011, is amended to read as 4 follows: 5 (8) Any other controlled substance, counterfeit 6 substance, or simulated controlled substance classified 7 in schedule I, II, or III , except as provided in 8 paragraph “d” . 9 Sec. ___. Section 124.401, subsection 1, paragraph 10 d, Code 2011, is amended to read as follows: 11 d. (1) Violation of this subsection , with respect 12 to any other controlled substances, counterfeit 13 substances, or simulated controlled substances 14 classified in schedule IV or V is an aggravated 15 misdemeanor. However, 16 (2) A violation of this subsection involving fifty 17 any of the following is a class “D” felony: 18 (a) Fifty kilograms or less of marijuana or 19 involving flunitrazepam is a class “D” felony . 20 (b) Flunitrazepam. 21 (c) A controlled substance, counterfeit substance, 22 or simulated controlled substance classified in section 23 124.204, subsection 4, paragraph “ai” . 24 Sec. ___. EFFECTIVE UPON ENACTMENT. This division 25 of this Act, being deemed of immediate importance, 26 takes effect upon enactment. > 27 7. Page 475, before line 24 by inserting: 28 < DIVISION ___ 29 FIRE EXTINGUISHING AND ALARM SYSTEMS CONTRACTORS AND 30 INSTALLERS —— ELECTRICIANS AND ELECTRICAL CONTRACTORS 31 —— LICENSING 32 Sec. ___. Section 100C.1, subsection 13, Code 2011, 33 is amended by adding the following new paragraph: 34 NEW PARAGRAPH . c. For a telecommunications 35 company that has been issued a certificate of public 36 convenience and necessity pursuant to section 476.29, 37 a person with whom the telecommunications company 38 contracts, who is certified by the national institute 39 for certification in engineering technologies as 40 required in paragraph “a” or “b” or who meets any other 41 criteria established by rule. 42 Sec. ___. Section 100C.2, subsection 3, Code 2011, 43 is amended by adding the following new paragraph: 44 NEW PARAGRAPH . d. This subsection shall not 45 apply to a responsible managing employee with whom a 46 telecommunications company contracts as provided in 47 section 100C.1, subsection 13, paragraph “c” . 48 Sec. ___. NEW SECTION . 103.1A Term “commercial” “commercial” “commercial” 49 applied. 50 -3- HF697.3306 (4) 84 tm/jp 3/ 57 #7.

As used in this chapter: 1 1. “Commercial” refers to a use, installation, 2 structure, or premises associated with a place of 3 business where goods, wares, services, or merchandise 4 is stored or offered for sale on a wholesale or retail 5 basis. 6 2. “Commercial” refers to a residence only if 7 the residence is also used as a place of business as 8 provided in subsection 1. 9 3. “Commercial” does not refer to a use, 10 installation, structure, or premises associated with 11 any of the following: 12 a. A farm. 13 b. An industrial installation. 14 Sec. ___. Section 103.22, subsection 7, Code 2011, 15 is amended to read as follows: 16 7. Prohibit an owner of property from performing 17 work on the owner’s principal residence, if such 18 residence is an existing dwelling rather than new 19 construction and is not an apartment that is attached 20 to any other apartment or building, as those terms are 21 defined in section 499B.2 , and is not larger than a 22 single-family dwelling, or farm property, excluding 23 commercial or industrial installations or installations 24 in public use buildings or facilities, or require 25 such owner to be licensed under this chapter . In 26 order to qualify for inapplicability pursuant to this 27 subsection , a residence shall qualify for the homestead 28 tax exemption. 29 Sec. ___. Section 103.22, Code 2011, is amended by 30 adding the following new subsection: 31 NEW SUBSECTION . 15. Apply to a person performing 32 any installation on a farm, if the person is associated 33 with the farm as a holder of a legal or equitable 34 interest, a relative or employee of the holder, or 35 an operator or manager of the farm. The provisions 36 of this chapter do not require such person to be 37 licensed. In addition, a permit is not required for an 38 installation on a farm, and an installation on a farm 39 is not required to be inspected. In order for a farm 40 building to qualify under this subsection, the farm 41 building must not be regularly open to the public as a 42 place of business for the retail sale of goods, wares, 43 services, or merchandise. > 44 8. Page 475, before line 24 by inserting: 45 < DIVISION ___ 46 CLASS “A” FELONIES —— JUVENILES 47 Sec. ___. Section 232.8, subsection 3, paragraph a, 48 Code 2011, is amended to read as follows: 49 a. The juvenile court, after a hearing and in 50 -4- HF697.3306 (4) 84 tm/jp 4/ 57 #8.

accordance with the provisions of section 232.45 , may 1 waive jurisdiction of a child alleged to have committed 2 a public offense so that the child may be prosecuted 3 as an adult or youthful offender for such offense in 4 another court. If the child , except a child being 5 prosecuted as a youthful offender, pleads guilty or is 6 found guilty of a public offense other than a class “A” 7 felony in another court of this state, that court may 8 suspend the sentence or, with the consent of the child, 9 defer judgment and without regard to restrictions 10 placed upon deferred judgments for adults, place the 11 child on probation for a period of not less than one 12 year upon such conditions as it may require. Upon 13 fulfillment of the conditions of probation, a child 14 who receives a deferred judgment shall be discharged 15 without entry of judgment. A child prosecuted as 16 a youthful offender shall be sentenced pursuant to 17 section 907.3A. 18 Sec. ___. Section 232.50, subsection 1, Code 2011, 19 is amended to read as follows: 20 1. As soon as practicable following the entry 21 of an order of adjudication pursuant to section 22 232.47 or notification that the child has received a 23 youthful offender deferred sentence been placed on 24 youthful offender status pursuant to section 907.3A , 25 the court shall hold a dispositional hearing in order 26 to determine what disposition should be made of the 27 matter. 28 Sec. ___. Section 232.52, subsection 1, Code 2011, 29 is amended to read as follows: 30 1. Pursuant to a hearing as provided in section 31 232.50 , the court shall enter the least restrictive 32 dispositional order appropriate in view of the 33 seriousness of the delinquent act, the child’s 34 culpability as indicated by the circumstances of 35 the particular case, the age of the child, the 36 child’s prior record, or the fact that the child has 37 received a youthful offender deferred sentence been 38 placed on youthful offender status under section 39 907.3A . The order shall specify the duration and 40 the nature of the disposition, including the type of 41 residence or confinement ordered and the individual, 42 agency, department , or facility in whom custody is 43 vested. In the case of a child who has received a 44 youthful offender deferred sentence been placed on 45 youthful offender status , the initial duration of the 46 dispositional order shall be until the child reaches 47 the age of eighteen. 48 Sec. ___. Section 232.54, subsection 1, paragraph 49 g, Code 2011, is amended to read as follows: 50 -5- HF697.3306 (4) 84 tm/jp 5/ 57

g. With respect to a juvenile court dispositional 1 order entered regarding a child who has received a 2 youthful offender deferred sentence been placed on 3 youthful offender status under section 907.3A , the 4 dispositional order may be terminated prior to the 5 child reaching the age of eighteen upon motion of the 6 child, the person or agency to whom custody of the 7 child has been transferred, or the county attorney 8 following a hearing before the juvenile court if it is 9 shown by clear and convincing evidence that it is in 10 the best interests of the child and the community to 11 terminate the order. The hearing may be waived if all 12 parties to the proceeding agree. The dispositional 13 order regarding a child who has received a youthful 14 offender deferred sentence been placed on youthful 15 offender status may also be terminated prior to the 16 child reaching the age of eighteen upon motion of the 17 county attorney, if the waiver of the child to district 18 court was conditioned upon the terms of an agreement 19 between the county attorney and the child, and the 20 child violates the terms of the agreement after the 21 waiver order has been entered. The district court 22 shall discharge the child’s youthful offender status 23 upon receiving a termination order under this section . 24 Sec. ___. Section 232.54, subsection 1, paragraph 25 h, unnumbered paragraph 1, Code 2011, is amended to 26 read as follows: 27 With respect to a dispositional order entered 28 regarding a child who has received a youthful offender 29 deferred sentence been placed on youthful offender 30 status under section 907.3A , the juvenile court may, 31 in the case of a child who violates the terms of the 32 order, modify or terminate the order in accordance with 33 the following: 34 Sec. ___. Section 232.55, subsection 3, Code 2011, 35 is amended to read as follows: 36 3. This section does not apply to dispositional 37 orders entered regarding a child who has received a 38 youthful offender deferred sentence been placed on 39 youthful offender status under section 907.3A who 40 is not discharged from probation before or upon the 41 child’s eighteenth birthday. 42 Sec. ___. Section 232.56, Code 2011, is amended to 43 read as follows: 44 232.56 Youthful offenders —— transfer to district 45 court supervision. 46 The juvenile court shall deliver a report, which 47 includes an assessment of the child by a juvenile court 48 officer after consulting with the judicial district 49 department of correctional services, to the district 50 -6- HF697.3306 (4) 84 tm/jp 6/ 57

court prior to the eighteenth birthday of a child who 1 has received a youthful offender deferred sentence 2 been placed on youthful offender status under section 3 907.3A . A hearing shall be held in the district court 4 in accordance with section 907.3A to determine whether 5 the child should be discharged from youthful offender 6 status or whether the child shall continue under the 7 supervision of the district court after the child’s 8 eighteenth birthday. 9 Sec. ___. Section 654.4B, subsection 2, paragraph 10 b, Code 2011, is amended to read as follows: 11 b. This subsection is repealed July 1, 2011 2012 . 12 Sec. ___. Section 902.1, Code 2011, is amended to 13 read as follows: 14 902.1 Class “A” felony. 15 1. Upon a plea of guilty, a verdict of guilty, or 16 a special verdict upon which a judgment of conviction 17 of a class “A” felony may be rendered, the court shall 18 enter a judgment of conviction and shall commit the 19 defendant into the custody of the director of the 20 Iowa department of corrections for the rest of the 21 defendant’s life. Nothing in the Iowa corrections code 22 pertaining to deferred judgment, deferred sentence, 23 suspended sentence, or reconsideration of sentence 24 applies to a class “A” felony, and a person convicted 25 of a class “A” felony shall not be released on parole 26 unless the governor commutes the sentence to a term of 27 years. 28 2. a. Notwithstanding subsection 1, a person 29 convicted of a class “A” felony, and who was under the 30 age of eighteen at the time the offense was committed 31 shall be eligible for parole after serving a minimum 32 term of confinement of twenty-five years. 33 b. If a person is paroled pursuant to this 34 subsection the person shall be subject to the same set 35 of procedures set out in chapters 901B, 905, 906, and 36 chapter 908, and rules adopted under those chapters for 37 persons on parole. 38 c. A person convicted of murder in the first degree 39 in violation of section 707.2 shall not be eligible for 40 parole pursuant to this subsection. 41 d. A person convicted of murder in the second 42 degree in violation of section 707.3 and who was also 43 convicted of either kidnapping in the first degree 44 in violation of section 710.2 or sexual abuse in the 45 first degree in violation of section 709.2, which 46 conviction arose out of the same set of facts as the 47 murder-in-the-second-degree conviction, shall not be 48 eligible for parole pursuant to this subsection. 49 Sec. ___. Section 907.3A, Code 2011, is amended to 50 -7- HF697.3306 (4) 84 tm/jp 7/ 57

read as follows: 1 907.3A Youthful offender deferred sentence —— 2 youthful offender status. 3 1. Notwithstanding section 907.3 but subject to any 4 conditions of the waiver order, the trial court shall, 5 upon a plea of guilty or a verdict of guilty, defer 6 sentence of a youthful offender place the juvenile 7 over whom the juvenile court has waived jurisdiction 8 pursuant to section 232.45, subsection 7 , and place 9 the juvenile on youthful offender status. The court 10 shall transfer supervision of the youthful offender to 11 the juvenile court for disposition in accordance with 12 section 232.52 . An adjudication of delinquency entered 13 by the juvenile court for a public offense shall not 14 be deemed a conviction and shall not preclude the 15 subsequent entry of a deferred judgment, conviction, 16 or sentence by the district court. The court shall 17 require supervision of the youthful offender in 18 accordance with section 232.54, subsection 1 , paragraph 19 “h” , or subsection 2 of this section . Notwithstanding 20 section 901.2, a presentence investigation shall not be 21 ordered by the court subsequent to an entry of a plea 22 of guilty or verdict of guilty or prior to deferral of 23 sentence of a youthful offender under this section. 24 2. The court shall hold a hearing prior to a 25 youthful offender’s eighteenth birthday to determine 26 whether the youthful offender shall continue on 27 youthful offender status after the youthful offender’s 28 eighteenth birthday under the supervision of the 29 court or be discharged . Notwithstanding section 30 901.2, the court may order a presentence investigation 31 report including a report for an offense classified 32 as a class “A” felony. The court shall review the 33 report of the juvenile court regarding the youthful 34 offender and prepared pursuant to section 232.56, 35 and any presentence investigation report, if ordered 36 by the court. The court shall hear evidence by or 37 on behalf of the youthful offender, by the county 38 attorney, and by the person or agency to whom custody 39 of the youthful offender was transferred. The court 40 shall make its decision , pursuant to the sentencing 41 options available in subsection 3, after considering 42 the services available to the youthful offender, the 43 evidence presented, the juvenile court’s report, the 44 presentence investigation report if ordered by the 45 court, the interests of the youthful offender, and 46 interests of the community. 47 3. a. Notwithstanding any provision of the Code 48 which prescribes a mandatory minimum sentence for the 49 offense committed by the youthful offender, following 50 -8- HF697.3306 (4) 84 tm/jp 8/ 57

transfer of the youthful offender from the juvenile 1 court back to the court having jurisdiction over the 2 criminal proceedings involving the youthful offender, 3 the court may continue the youthful offender deferred 4 sentence or enter a sentence, which may be a suspended 5 sentence. shall order one of the following sentencing 6 options: 7 (1) Defer judgment and place the youthful offender 8 on probation, upon the consent of the youthful 9 offender. 10 (2) Defer the sentence and place the youthful 11 offender on probation upon such terms and conditions 12 as the court may require. 13 (3) Suspend the sentence and place the youthful 14 offender on probation upon such terms and conditions 15 as the court may require. 16 (4) A term of confinement. 17 (5) Discharge the youthful offender from youthful 18 offender status and terminate the sentence. 19 b. Notwithstanding anything in section 907.7 to 20 the contrary, if the district court either grants 21 the youthful offender a deferred judgment, continues 22 the youthful offender deferred sentence , or enters a 23 sentence , and suspends the sentence, and places the 24 youthful offender on probation, the term of formal 25 supervision shall commence upon entry of the order by 26 the district court and may continue for a period not 27 to exceed five years. If the district court enters a 28 sentence of confinement, and the youthful offender was 29 previously placed in secure confinement by the juvenile 30 court under the terms of the initial disposition order 31 or any modification to the initial disposition order, 32 the person shall receive credit for any time spent in 33 secure confinement. During any period of probation 34 imposed by the district court, a youthful offender who 35 violates the terms of probation is subject to section 36 908.11 . 37 Sec. ___. Section 907.9, subsection 4, Code 2011, 38 is amended to read as follows: 39 4. At the expiration of the period of probation 40 if the fees imposed under section 905.14 and court 41 debt collected pursuant to section 602.8107 have been 42 paid, the court shall order the discharge of the person 43 from probation. If portions of the court debt remain 44 unpaid, the person shall establish a payment plan with 45 the clerk of the district court or the county attorney 46 prior to the discharge. The court shall forward to the 47 governor a recommendation for or against restoration 48 of citizenship rights to that person upon discharge. 49 A person who has been discharged from probation shall 50 -9- HF697.3306 (4) 84 tm/jp 9/ 57

no longer be held to answer for the person’s offense. 1 Upon discharge from probation, if judgment has been 2 deferred under section 907.3 , the court’s criminal 3 record with reference to the deferred judgment and any 4 counts dismissed by the court, which were contained in 5 the indictment, information, or complaint that resulted 6 in the deferred judgement, shall be expunged. The 7 record maintained by the state court administrator 8 as required by section 907.4 shall not be expunged. 9 The court’s record shall not be expunged in any other 10 circumstances. 11 Sec. ___. EFFECTIVE UPON ENACTMENT. The section 12 of this division of this Act amending section 654.4B, 13 being deemed of immediate importance, takes effect upon 14 enactment. > 15 9. Page 475, before line 24 by inserting: 16 < DIVISION ___ 17 STATE EXPENDITURE REQUIREMENTS —— REVENUE ESTIMATING 18 CONFERENCE —— APPROPRIATION TRANSFERS 19 Sec. ___. Section 8.22A, subsection 2, Code 2011, 20 is amended to read as follows: 21 2. The conference shall meet as often as deemed 22 necessary, but shall meet at least quarterly three 23 times per year . The conference may use sources of 24 information deemed appropriate. At each meeting, 25 the conference shall agree to estimates for the 26 current and the following fiscal years for the general 27 fund of the state, lottery revenues to be available 28 for disbursement, and from gambling revenues and 29 from interest earned on the cash reserve fund and 30 the economic emergency fund to be deposited in the 31 rebuild Iowa infrastructure fund. An estimate for the 32 following fiscal year, other than an estimate agreed to 33 pursuant to subsection 3, 4, or 5, shall be considered 34 a preliminary estimate. 35 Sec. ___. Section 8.39, subsections 1 and 2, Code 36 2011, are amended to read as follows: 37 1. Except as otherwise provided by law, an 38 appropriation or any part of it shall not be used 39 for any other purpose than that for which it was 40 made. However, with the prior written consent and 41 approval of the governor and the director of the 42 department of management, the governing board or head 43 of any state department, institution, or agency may, 44 at any time during the fiscal year, make a whole or 45 partial intradepartmental transfer of its unexpended 46 appropriations for purposes within the scope of such 47 department, institution, or agency. Such transfer 48 shall be to an appropriation made from the same 49 funding source and within the same fiscal year. The 50 -10- HF697.3306 (4) 84 tm/jp 10/ 57 #9.

amount of a transfer made from an appropriation under 1 this subsection shall be limited to not more than 2 one-twentieth of one percent of the total of all 3 appropriations made from the funding source of the 4 transferred appropriation for the fiscal year in which 5 the transfer is made. 6 2. If the appropriation of a department, 7 institution, or agency is insufficient to properly meet 8 the legitimate expenses of the department, institution, 9 or agency, the director, with the approval of the 10 governor, may make an interdepartmental transfer from 11 any other department, institution, or agency of the 12 state having an appropriation in excess of its needs, 13 of sufficient funds to meet that deficiency. Such 14 transfer shall be to an appropriation made from the 15 same funding source and within the same fiscal year. 16 The amount of a transfer made from an appropriation 17 under this subsection shall be limited to not more 18 than one-twentieth of one percent of the total of all 19 appropriations made from the funding source of the 20 transferred appropriation for the fiscal year in which 21 the transfer is made. An interdepartmental transfer 22 to an appropriation which is not an entitlement 23 appropriation is not authorized when the general 24 assembly is in regular session and, in addition, 25 the sum of interdepartmental transfers in a fiscal 26 year to an appropriation which is not an entitlement 27 appropriation shall not exceed fifty percent of the 28 amount of the appropriation as enacted by the general 29 assembly. For the purposes of this subsection , an 30 entitlement appropriation is a line item appropriation 31 to the state public defender for indigent defense or to 32 the department of human services for foster care, state 33 supplementary assistance, or medical assistance, or for 34 the family investment program. 35 Sec. ___. Section 8.39, Code 2011, is amended by 36 adding the following new subsection: 37 NEW SUBSECTION . 2A. The aggregate amount of 38 intradepartmental and interdepartmental transfers 39 made from all appropriations for a fiscal year 40 pursuant to this section is limited to not more than 41 one-fourth of one percent of the total amount of the 42 appropriations made from the general fund of the state 43 for the fiscal year. The aggregate amount of the 44 intradepartmental and interdepartmental transfers made 45 from an appropriation for a fiscal year is limited to 46 fifty percent of the appropriation. 47 Sec. ___. EFFECTIVE UPON ENACTMENT. This division 48 of this Act, being deemed of immediate importance, 49 takes effect upon enactment. > 50 -11- HF697.3306 (4) 84 tm/jp 11/ 57

10. Page 475 before line 24 by inserting: 1 < DIVISION ___ 2 SCHOOL DRESS CODES 3 Sec. ___. Section 279.58, subsection 1, Code 2011, 4 is amended by striking the subsection. 5 Sec. ___. Section 279.58, subsection 2, Code 2011, 6 is amended to read as follows: 7 2. The board of directors of a school district may 8 adopt, for the district or for an individual school 9 within the district, a dress code policy that prohibits 10 students from wearing gang-related or other specific 11 apparel prescribes standard dress, or that otherwise 12 imposes limitations on student dress without limiting 13 a student’s constitutional rights and privileges, 14 if the board determines that the policy is necessary 15 for would improve the health, safety, or positive 16 educational environment of students and staff in the 17 school environment or for the appropriate discipline 18 and operation of the school. 19 3. Adoption and enforcement of a dress code policy 20 pursuant to this section is not a violation of section 21 280.22 . 22 Sec. ___. EFFECTIVE UPON ENACTMENT. This division 23 of this Act, being deemed of immediate importance, 24 takes effect upon enactment. > 25 11. Page 475, before line 24 by inserting: 26 < DIVISION ___ 27 DAYS OF INSTRUCTION 28 Sec. ___. Section 256.7, subsection 19, Code 2011, 29 is amended to read as follows: 30 19. Define the minimum school day as a day 31 consisting of five and one-half hours of instructional 32 time for grades one through twelve. The minimum 33 hours as time spent with a licensed teacher that shall 34 be exclusive of the lunch period and parent-teacher 35 conferences , but may include passing time between 36 classes. Time spent on parent-teacher conferences 37 shall be considered instructional time. A school or 38 school district may record a day of school with less 39 than the minimum instructional hours as a minimum 40 school day if any of the following apply: 41 a. If emergency health or safety factors require 42 the late arrival or early dismissal of students on a 43 specific day. 44 b. If the total hours of instructional school 45 time for grades one through twelve for any five 46 consecutive school days equal a minimum of twenty-seven 47 and one-half hours, even though any one day of 48 school is less than the minimum instructional hours 49 because of a staff development opportunity provided 50 -12- HF697.3306 (4) 84 tm/jp 12/ 57 #10. #11.

for the professional instructional staff or because 1 parent-teacher conferences have been scheduled 2 beyond the regular school day. Furthermore, if the 3 total hours of instructional time for the first four 4 consecutive days equal at least twenty-seven and 5 one-half hours because parent-teacher conferences 6 have been scheduled beyond the regular school day, a 7 school or school district may record zero hours of 8 instructional time on the fifth consecutive school day 9 as a minimum school day. 10 Sec. ___. Section 256F.4, subsection 5, Code 2011, 11 is amended to read as follows: 12 5. A charter school or innovation zone school shall 13 provide instruction for at least the number of days 14 hours required by section 279.10, subsection 1 , or 15 shall provide at least the equivalent number of total 16 hours . 17 Sec. ___. Section 279.10, subsection 1, Code 2011, 18 is amended to read as follows: 19 1. The school year for each school district and 20 accredited nonpublic school shall begin on the first 21 day of July 1 and each regularly established elementary 22 and secondary school shall begin no sooner than a day 23 during the calendar week in which the first day of 24 September falls but no later than the first Monday 25 in December. However, if the first day of September 26 falls on a Sunday, school may begin on a day during the 27 calendar week which immediately precedes the first day 28 of September. School shall continue for at least one 29 hundred eighty days, except as provided in subsection 30 3 , and may be maintained The school calendar shall 31 include not less than one thousand eighty hours of 32 instruction during the entire calendar year. However, 33 if The board of directors of a school district and the 34 authorities in charge of an accredited nonpublic school 35 shall set the number of days of required attendance 36 for the school year as provided in section 299.1, 37 subsection 2, but the board of directors of a school 38 district shall hold a public hearing on any proposed 39 school calendar prior to adopting the school calendar. 40 If the board of directors of a district or the 41 authorities in charge of an accredited nonpublic school 42 extends the school calendar because inclement weather 43 caused the school district or accredited nonpublic 44 school to temporarily close school during the regular 45 school calendar, the school district or accredited 46 nonpublic school may excuse a graduating senior who 47 has met district or school requirements for graduation 48 from attendance during the extended school calendar. A 49 school corporation may begin employment of personnel 50 -13- HF697.3306 (4) 84 tm/jp 13/ 57

for in-service training and development purposes before 1 the date to begin elementary and secondary school. 2 Sec. ___. Section 279.10, subsections 2 and 3, Code 3 2011, are amended by striking the subsections. 4 Sec. ___. Section 299.4, subsection 1, Code 2011, 5 is amended to read as follows: 6 1. The parent, guardian, or legal custodian of a 7 child who is of compulsory attendance age, who places 8 the child under competent private instruction under 9 either section 299A.2 or 299A.3 , not in an accredited 10 school or a home school assistance program operated 11 by a school district or accredited nonpublic school, 12 shall furnish a report in duplicate on forms provided 13 by the public school district, to the district by the 14 earliest starting date specified in section 279.10, 15 subsection 1 September 1 of the school year in which 16 the child will be under competent private instruction . 17 The secretary shall retain and file one copy and 18 forward the other copy to the district’s area education 19 agency. The report shall state the name and age of the 20 child, the period of time during which the child has 21 been or will be under competent private instruction 22 for the year, an outline of the course of study, texts 23 used, and the name and address of the instructor. The 24 parent, guardian, or legal custodian of a child, who is 25 placing the child under competent private instruction 26 for the first time, shall also provide the district 27 with evidence that the child has had the immunizations 28 required under section 139A.8 , and, if the child is 29 elementary school age, a blood lead test in accordance 30 with section 135.105D . The term “outline of course of 31 study” shall include subjects covered, lesson plans, 32 and time spent on the areas of study. 33 Sec. ___. REPEAL. Section 256.22, Code 2011, is 34 repealed. 35 Sec. ___. EFFECTIVE DATE. This division of this 36 Act takes effect July 1, 2012. > 37 12. Page 475, before line 24 by inserting: 38 < DIVISION ___ 39 PRISON INDUSTRIES 40 Sec. ___. Section 904.805, Code 2011, is amended by 41 adding the following new subsection: 42 NEW SUBSECTION . 7. a. Report semiannually to the 43 general assembly’s standing committees on government 44 oversight regarding the operations of Iowa state 45 industries. 46 b. Report quarterly and annually to the industries 47 board, the governor, the auditor of state, and the 48 general assembly a full and complete statement of 49 Iowa state industries revenues and expenses for the 50 -14- HF697.3306 (4) 84 tm/jp 14/ 57 #12.