House Joint Resolution 2008 - Introduced HOUSE JOINT RESOLUTION 2008 BY HUNTER HOUSE JOINT RESOLUTION A Joint Resolution proposing an amendment to the Constitution 1 of the State of Iowa relating to the boundary lines of 2 counties. 3 BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5642HH (7) 83 md/sc
H.J.R. 2008 Section 1. The following amendment to the Constitution of 1 the State of Iowa is proposed: 2 1. Section 30 of Article III of the Constitution of the 3 State of Iowa is amended to read as follows: 4 Local or special laws —— general and uniform —— boundaries of 5 counties . SEC. 30. The General Assembly shall not pass local 6 or special laws in the following cases: 7 For the assessment and collection of taxes for State, 8 County, or road purposes; 9 For laying out, opening, and working roads or highways; 10 For changing the names of persons; 11 For the incorporation of cities and towns; 12 For vacating roads, town plats, streets, alleys, or public 13 squares; 14 For locating or changing county seats. 15 In all the cases above enumerated, and in all other cases 16 where a general law can be made applicable, all laws shall be 17 general, and of uniform operation throughout the State ; and 18 no law changing the boundary lines of any county shall have 19 effect until upon being submitted to the people of the counties 20 affected by the change, at a general election, it shall be 21 approved by a majority of the votes in each county, cast for 22 and against it . 23 2. Section 2 of Article XI of the Constitution of the State 24 of Iowa is repealed and the following adopted in lieu thereof: 25 Counties. SEC. 2. On or before July 1, 2015, the General 26 Assembly shall by law reduce the aggregate number of the 27 several Counties to not more than fifty unless the aggregate 28 number of Counties has otherwise been reduced to not more 29 than fifty prior to July 1, 2015. Such reduction shall be 30 accomplished by the merger, in whole or in part, of presently 31 existing Counties. Newly created Counties shall be composed of 32 contiguous territory and shall be reasonably compact. 33 The General Assembly shall by law name the Counties created 34 hereunder and shall by law select the place for the seat of the 35 -1- LSB 5642HH (7) 83 md/sc 1/ 3
H.J.R. 2008 County government for each newly created County. The General 1 Assembly may by law provide such newly created Counties with 2 authority to create such offices of County Government within a 3 County as a County deems reasonable and necessary. 4 In the event the General Assembly fails to reduce the number 5 of Counties, select a County seat of government for each newly 6 created County, and name each newly created County as required 7 herein by July 1, 2015, the Chief Justice of the Supreme Court 8 shall do so or cause to have the same done. 9 After the reduction in the number of Counties has been 10 effectuated as herein required, the number or boundaries of 11 such newly created Counties shall not thereafter be changed. 12 The General Assembly shall enact all laws necessary to 13 effectuate this section. 14 3. Section 8 of Article XI of the Constitution of the State 15 of Iowa is amended to read as follows: 16 Seat of government established —— state university. SEC. 17 8. The seat of Government is hereby permanently established, 18 as now fixed by law, at the City of Des Moines , in the County 19 of Polk ; and the State University, at Iowa City , in the County 20 of Johnson . 21 Sec. 2. REFERRAL AND PUBLICATION. The foregoing amendment 22 to the Constitution of the State of Iowa is referred to the 23 General Assembly to be chosen at the next general election 24 for members of the General Assembly, and the Secretary of 25 State is directed to cause the same to be published for three 26 consecutive months previous to the date of that election as 27 provided by law. 28 EXPLANATION 29 This joint resolution proposes an amendment to the 30 Constitution of the State of Iowa relating to the boundary 31 lines of counties. The joint resolution proposes new section 32 2 of Article XI requiring the general assembly to reduce the 33 aggregate number of counties to not more than 50 by statute on 34 or before July 1, 2015, unless the aggregate number of counties 35 -2- LSB 5642HH (7) 83 md/sc 2/ 3
H.J.R. 2008 has otherwise been reduced to not more than 50 prior to July 1 1, 2015. The joint resolution allows such reduction to be 2 accomplished by the merger in whole or in part of presently 3 existing counties. Newly created counties, however, must be 4 composed of contiguous territory and be reasonably compact. 5 The joint resolution requires the general assembly to name 6 each new county created and to select the place for the seat of 7 the county government for each new county created. The joint 8 resolution allows the general assembly to authorize the newly 9 created counties to create offices of county government as a 10 county deems reasonable and necessary. The joint resolution 11 requires the general assembly to enact all laws necessary to 12 effectuate new section 2 of Article XI of the Constitution of 13 the State of Iowa. 14 The joint resolution provides that in the event the general 15 assembly fails to reduce the number of counties, select a 16 county seat of government for each newly created county, 17 or name each newly created county as required, the chief 18 justice of the supreme court is required to do so. The joint 19 resolution also provides that after the reduction in the number 20 of counties has been effectuated, the number and boundaries of 21 such newly created counties may not be changed. 22 The joint resolution strikes provisions requiring any law 23 that changes boundary lines of a county to first be approved 24 at a general election by the people of the counties affected 25 by the change. 26 The joint resolution proposes a corresponding amendment to 27 section 8 of Article XI of the Constitution of the State of 28 Iowa, which establishes the city of Des Moines in Polk County 29 as the seat of government and establishes the state university 30 at Iowa City in Johnson County, by removing the references to 31 Polk County and Johnson County. 32 The resolution, if adopted, would be referred to the next 33 General Assembly (Eighty-fourth) for adoption before being 34 submitted to the electorate for ratification. 35 -3- LSB 5642HH (7) 83 md/sc 3/ 3