House Joint Resolution 8 - Introduced HOUSE JOINT RESOLUTION 8 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 1744HH (2) 84 md/sc
H.J.R. 8 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 Section 30 of Article III of the Constitution of the 3 State of Iowa is repealed and the following adopted in lieu 4 thereof: 5 Local or special laws —— general and uniform. SEC. 30. The 6 general assembly shall not pass local or special laws in the 7 following cases: 8 For the assessment and collection of taxes for state, 9 county, or road purposes; 10 For laying out, opening, and working roads or highways; 11 For changing the names of persons; 12 For the incorporation of cities and towns; 13 For vacating roads, town plats, streets, alleys, or public 14 squares; 15 For locating or changing county seats. 16 In all the cases above enumerated, and in all other cases 17 where a general law can be made applicable, all laws shall be 18 general, and of uniform operation throughout the state. 19 2. Section 2 of Article XI of the Constitution of the State 20 of Iowa is repealed and the following adopted in lieu thereof: 21 Counties. SEC. 2. On or before July 1, 2017, the general 22 assembly shall by law reduce the aggregate number of the 23 several counties to not more than fifty unless the aggregate 24 number of counties has otherwise been reduced to not more 25 than fifty prior to July 1, 2017. Such reduction shall be 26 accomplished by the merger, in whole or in part, of presently 27 existing counties. Newly created counties shall be composed of 28 contiguous territory and shall be reasonably compact. 29 The general assembly shall by law name the counties created 30 hereunder and shall by law select the place for the seat of the 31 county government for each newly created county. The general 32 assembly may by law provide such newly created counties with 33 authority to create such offices of county government within a 34 county as a county deems reasonable and necessary. 35 -1- LSB 1744HH (2) 84 md/sc 1/ 3
H.J.R. 8 In the event the general assembly fails to reduce the number 1 of counties, select a county seat of government for each newly 2 created county, and name each newly created county as required 3 herein by July 1, 2017, the chief justice of the supreme court 4 shall do so or cause to have the same done. 5 After the reduction in the number of counties has been 6 effectuated as herein required, the number or boundaries of 7 such newly created counties shall not thereafter be changed. 8 The general assembly shall enact all laws necessary to 9 effectuate this section. 10 3. Section 8 of Article XI of the Constitution of the State 11 of Iowa is repealed and the following adopted in lieu thereof: 12 Seat of government established —— state university. SEC. 13 8. The seat of government is hereby permanently established, 14 as now fixed by law, at the city of Des Moines; and the state 15 university, at Iowa City. 16 Sec. 2. REFERRAL AND PUBLICATION. The foregoing amendment 17 to the Constitution of the State of Iowa is referred to the 18 general assembly to be chosen at the next general election 19 for members of the general assembly, and the secretary of 20 state is directed to cause the same to be published for three 21 consecutive months previous to the date of that election as 22 provided by law. 23 EXPLANATION 24 This joint resolution proposes an amendment to the 25 Constitution of the State of Iowa relating to the boundary 26 lines of counties. The joint resolution proposes new section 27 2 of Article XI, requiring the general assembly to reduce the 28 aggregate number of counties to not more than 50 by statute on 29 or before July 1, 2017, unless the aggregate number of counties 30 has otherwise been reduced to not more than 50 prior to July 31 1, 2017. The joint resolution allows such reduction to be 32 accomplished by the merger in whole or in part of presently 33 existing counties. Newly created counties, however, must be 34 composed of contiguous territory and be reasonably compact. 35 -2- LSB 1744HH (2) 84 md/sc 2/ 3
H.J.R. 8 The joint resolution requires the general assembly to name 1 each new county created and to select the place for the seat of 2 the county government for each new county created. The joint 3 resolution allows the general assembly to authorize the newly 4 created counties to create offices of county government as a 5 county deems reasonable and necessary. The joint resolution 6 requires the general assembly to enact all laws necessary to 7 effectuate new section 2 of Article XI of the Constitution of 8 the State of Iowa. 9 The joint resolution provides that in the event the general 10 assembly fails to reduce the number of counties, select a 11 county seat of government for each newly created county, 12 or name each newly created county as required, the chief 13 justice of the supreme court is required to do so. The joint 14 resolution also provides that after the reduction in the number 15 of counties has been effectuated, the number and boundaries of 16 such newly created counties may not be changed. 17 The joint resolution repeals provisions requiring any law 18 that changes boundary lines of a county to first be approved 19 at a general election by the people of the counties affected 20 by the change. 21 The joint resolution proposes a corresponding amendment to 22 section 8 of Article XI of the Constitution of the State of 23 Iowa, which establishes the city of Des Moines in Polk county 24 as the seat of government and establishes the state university 25 at Iowa City in Johnson county, by removing the references to 26 Polk county and Johnson county. 27 The resolution, if adopted, would be referred to the next 28 general assembly (Eighty-fifth) for adoption before being 29 submitted to the electorate for ratification. 30 -3- LSB 1744HH (2) 84 md/sc 3/ 3