Senate Joint Resolution 1 - Introduced SENATE JOINT RESOLUTION 1 BY ZAUN SENA TE JOINT RESOLUTION A Joint Resolution proposing an amendment to the Constitution 1 of the State of Iowa to provide home rule for school 2 districts. 3 BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1649XS (2) 88 kh/jh
S.J.R. 1 Section 1. The following amendment to the Constitution of 1 the State of Iowa is hereby proposed: 2 Article III, Legislative Department, Constitution of the 3 State of Iowa, is hereby amended by adding the following new 4 section: 5 Sec. 39B. School district home rule. School districts are 6 granted home rule power and authority, not inconsistent with 7 the laws of the general assembly, to determine their local 8 affairs and government, except that they shall not have power 9 to levy any tax unless expressly authorized by the general 10 assembly. 11 If the power or authority of a school district conflicts with 12 the power and authority of a municipal corporation, county, 13 or joint county-municipal corporation government, the power 14 and authority exercised by a municipal corporation, county, or 15 joint county-municipal corporation government shall prevail 16 within the jurisdiction of the municipal corporation, county, 17 or joint county-municipal corporation government. 18 The rule or proposition of law that a school district 19 possesses and can exercise only those powers granted in express 20 words is not a part of the law of this state. 21 Sec. 2. REFERRAL AND PUBLICATION. The foregoing proposed 22 amendment to the Constitution of the State of Iowa is hereby 23 referred to the general assembly to be chosen at the next 24 general election for members of the general assembly, and the 25 secretary of state is directed to cause the proposed amendment 26 to be published for three consecutive months previous to the 27 date of that election as provided by law. 28 EXPLANATION 29 The inclusion of this explanation does not constitute agreement with 30 the explanation’s substance by the members of the general assembly. 31 This joint resolution proposes an amendment to the 32 Constitution of the State of Iowa to provide home rule powers 33 and authority for school districts. The home rule powers 34 cannot be inconsistent with state law and the power to levy 35 -1- LSB 1649XS (2) 88 kh/jh 1/ 2
S.J.R. 1 any tax is limited to those taxes expressly authorized by 1 the general assembly. If the power or authority of a school 2 district conflicts with the power and authority of a municipal 3 corporation, county, or joint county-municipal corporation 4 government, the power and authority exercised by a municipal 5 corporation, county, or joint county-municipal corporation 6 government shall prevail within the jurisdiction of the 7 municipal corporation, county, or joint county-municipal 8 corporation government. 9 The resolution, if adopted, would be referred to the next 10 general assembly before being submitted to the electorate for 11 ratification. 12 -2- LSB 1649XS (2) 88 kh/jh 2/ 2