House Joint Resolution 4 - Introduced



                                  HOUSE JOINT RESOLUTION       
                                  BY  FREVERT


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                HOUSE JOINT RESOLUTION

  1 A Joint Resolution proposing an amendment to the Constitution of
  2    the State of Iowa to provide home rule for school districts.
  3 BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 2070HH 82
  5 kh/gg/14

PAG LIN



  1  1    Section 1.  The following amendment to the Constitution of
  1  2 the State of Iowa is hereby proposed:
  1  3    Article III, legislative department, Constitution of the
  1  4 State of Iowa, is hereby amended by adding the following new
  1  5 section:
  1  6    SCHOOL DISTRICT HOME RULE.  SEC. 41.  School districts are
  1  7 granted home rule power and authority, not inconsistent with
  1  8 the laws of the General Assembly, to determine their local
  1  9 affairs and government, except that they shall not have power
  1 10 to levy any tax unless expressly authorized by the General
  1 11 Assembly.  The General Assembly may provide for the creation,
  1 12 reorganization, or dissolution of school districts.
  1 13    If the power of authority of a school district conflicts
  1 14 with the power and authority of a municipal corporation or a
  1 15 county or a joint county=municipal corporation, the power and
  1 16 authority exercised by a municipal corporation, county, or
  1 17 joint county=municipal corporation shall prevail within its
  1 18 jurisdiction.
  1 19    The rule or proposition of law that a school district
  1 20 possesses and can exercise only those powers granted in
  1 21 express words is not a part of the law of this state.
  1 22    Sec. 2.  REFERRAL AND PUBLICATION.  The foregoing proposed
  1 23 amendment to the Constitution of the State of Iowa is hereby
  1 24 referred to the General Assembly to be chosen at the next
  1 25 general election for members of the General Assembly and the
  1 26 Secretary of State is directed to cause the same to be
  1 27 published for three consecutive months previous to the date of
  1 28 said election as provided by law.
  1 29                           EXPLANATION
  1 30    This joint resolution proposes to amend the Constitution of
  1 31 the State of Iowa to provide home rule powers and authority
  1 32 for school districts.  The home rule powers cannot be
  1 33 inconsistent with state law and the power to tax is limited to
  1 34 those taxes expressly authorized by the general assembly.  The
  1 35 general assembly reserves the authority to create, reorganize,
  2  1 and dissolve school districts.  If the power of authority of a
  2  2 school district conflicts with the power and authority of a
  2  3 municipal corporation or a county or a joint county=municipal
  2  4 corporation, the power and authority exercised by a municipal
  2  5 corporation, county, or joint county=municipal corporation
  2  6 shall prevail within its jurisdiction.
  2  7    The resolution, if adopted, would be referred to the next
  2  8 general assembly before being submitted to the electorate for
  2  9 ratification.
  2 10 LSB 2070HH 82
  2 11 kh:rj/gg/14.1