House File 260 - Introduced HOUSE FILE 260 BY COMMITTEE ON EDUCATION (SUCCESSOR TO HSB 47) A BILL FOR An Act granting home rule power and authority, subject to 1 certain limitations, to school districts. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 2103HV (3) 84 kh/rj
H.F. 260 Section 1. NEW SECTION . 274.3 Exercise of powers. 1 1. School districts are granted home rule power and 2 authority, not inconsistent with the laws of the general 3 assembly, to determine their local affairs and government, 4 except that they shall not have power to levy any tax unless 5 expressly authorized by the general assembly. 6 2. If the power or authority of a school district conflicts 7 with the power and authority of a municipal corporation, 8 county, or joint county-municipal corporation, the power and 9 authority exercised by a municipal corporation, county, or 10 joint county-municipal corporation shall prevail within its 11 jurisdiction. 12 3. The rule or proposition of law that a school district 13 possesses and can exercise only those powers granted in express 14 words is not a part of the law of this state. 15 EXPLANATION 16 This bill relates to the power and authority of school 17 districts by amending Code chapter 274 to grant school 18 districts home rule power and authority, not inconsistent with 19 the laws of the general assembly, to determine their local 20 affairs and government. Such power and authority, however, 21 does not include the power to levy any tax unless expressly 22 authorized by the general assembly. If the school district’s 23 power or authority conflicts with that of a municipal 24 corporation, county, or joint county-municipal corporation, the 25 power or authority of the municipal corporation, county, or 26 joint county-municipal corporation shall prevail. 27 The bill provides that the rule or proposition of law that a 28 school district possesses and can exercise only those powers 29 granted in express words is not part of the law of Iowa. 30 -1- LSB 2103HV (3) 84 kh/rj 1/ 1