HJR 3 (LSB 1220YH (3) 85)

HOUSE JOINT RESOLUTION 3

BY  HUNTER

HOUSE JOINT RESOLUTION

A Joint Resolution proposing an amendment to the Constitution of the State of Iowa relating to the boundary lines of counties.

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  Section 30 of Article III of the Constitution of the State of Iowa is repealed and the following adopted in lieu thereof: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  Section 2 of Article XI of the Constitution of the State of Iowa is repealed and the following adopted in lieu thereof: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