SJR 3 (LSB 1847XS (2) 86)

SENATE JOINT RESOLUTION 3

BY  ZAUN

SENATE JOINT RESOLUTION

A Joint Resolution proposing an amendment to the Constitution of the State of Iowa to provide home rule for school districts.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  The following amendment to the Constitution of the State of Iowa is hereby proposed:

   Article III, legislative department, Constitution of the State of Iowa, is hereby amended by adding the following new section:

   School district home rule.  SEC. 39B.  School districts are granted home rule power and authority, not inconsistent with the laws of the general assembly, to determine their local affairs and government, except that they shall not have power to levy any tax unless expressly authorized by the general assembly.

   If the power or authority of a school district conflicts with the power and authority of a municipal corporation, county, or joint county-municipal corporation government, the power and authority exercised by a municipal corporation, county, or joint county-municipal corporation government shall prevail within the jurisdiction of the municipal corporation, county, or joint county-municipal corporation government.

   The rule or proposition of law that a school district possesses and can exercise only those powers granted in express words is not a part of the law of this state.
    Sec. 2.
  REFERRAL AND PUBLICATION.
  The foregoing proposed amendment to the Constitution of the State of Iowa is hereby referred to the general assembly to be chosen at the next general election for members of the general assembly, and the secretary of state is directed to cause the proposed amendment to be published for three consecutive months previous to the date of that election as provided by law.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This joint resolution proposes an amendment to the Constitution of the State of Iowa to provide home rule powers and authority for school districts. The home rule powers cannot be inconsistent with state law and the power to tax is limited to those taxes expressly authorized by the general assembly. If the power or authority of a school district conflicts with the power and authority of a municipal corporation, county, or joint county-municipal corporation government, the power and authority exercised by a municipal corporation, county, or joint county-municipal corporation government shall prevail within the jurisdiction of the municipal corporation, county, or joint county-municipal corporation government.
   The resolution, if adopted, would be referred to the next general assembly before being submitted to the electorate for ratification.