Senate
Joint
Resolution
9
-
Introduced
SENATE
JOINT
RESOLUTION
9
BY
FEENSTRA
,
HAHN
,
ZAUN
,
JOHNSON
,
and
BOETTGER
SENA
TE
JOINT
RESOLUTION
A
Joint
Resolution
proposing
an
amendment
to
the
Constitution
1
of
the
State
of
Iowa
to
provide
home
rule
for
school
2
districts.
3
BE
IT
RESOLVED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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S.J.R.
9
Section
1.
The
following
amendment
to
the
Constitution
of
1
the
State
of
Iowa
is
hereby
proposed:
2
Article
III,
legislative
department,
Constitution
of
the
3
State
of
Iowa,
is
hereby
amended
by
adding
the
following
new
4
section:
5
School
district
home
rule.
SEC.
39B.
School
districts
are
6
granted
home
rule
power
and
authority,
not
inconsistent
with
7
the
laws
of
the
general
assembly,
to
determine
their
local
8
affairs
and
government,
except
that
they
shall
not
have
power
9
to
levy
any
tax
unless
expressly
authorized
by
the
general
10
assembly.
11
If
the
power
or
authority
of
a
school
district
conflicts
12
with
the
power
and
authority
of
a
municipal
corporation,
13
county,
or
joint
county-municipal
corporation,
the
power
and
14
authority
exercised
by
a
municipal
corporation,
county,
or
15
joint
county-municipal
corporation
shall
prevail
within
its
16
jurisdiction.
17
The
rule
or
proposition
of
law
that
a
school
district
18
possesses
and
can
exercise
only
those
powers
granted
in
express
19
words
is
not
a
part
of
the
law
of
this
state.
20
Sec.
2.
REFERRAL
AND
PUBLICATION.
The
foregoing
proposed
21
amendment
to
the
Constitution
of
the
State
of
Iowa
is
hereby
22
referred
to
the
general
assembly
to
be
chosen
at
the
next
23
general
election
for
members
of
the
general
assembly,
and
24
the
secretary
of
state
is
directed
to
cause
the
same
to
be
25
published
for
three
consecutive
months
previous
to
the
date
of
26
said
election
as
provided
by
law.
27
EXPLANATION
28
This
joint
resolution
proposes
an
amendment
to
the
29
Constitution
of
the
State
of
Iowa
to
provide
home
rule
30
powers
and
authority
for
school
districts.
The
home
rule
31
powers
cannot
be
inconsistent
with
state
law
and
the
power
32
to
tax
is
limited
to
those
taxes
expressly
authorized
by
the
33
general
assembly.
If
the
power
or
authority
of
a
school
34
district
conflicts
with
the
power
and
authority
of
a
municipal
35
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S.J.R.
9
corporation,
county,
or
joint
county-municipal
corporation,
1
the
power
and
authority
exercised
by
a
municipal
corporation,
2
county,
or
joint
county-municipal
corporation
shall
prevail
3
within
its
jurisdiction.
4
The
resolution,
if
adopted,
would
be
referred
to
the
next
5
general
assembly
before
being
submitted
to
the
electorate
for
6
ratification.
7
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