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