Bill Text: IA HJR2002 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A joint resolution proposing an amendment to the Constitution of the State of Iowa to provide home rule for school districts.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2016-01-13 - Subcommittee, Byrnes, Highfill, and Steckman. H.J. 74. [HJR2002 Detail]
Download: Iowa-2015-HJR2002-Introduced.html
House Joint Resolution 2002 - Introduced HOUSE JOINT RESOLUTION BY PAULSEN HOUSE JOINT RESOLUTION 1 A Joint Resolution proposing an amendment to the Constitution 2 of the State of Iowa to provide home rule for school 3 districts. 4 BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 5360YH (2) 86 kh/rj PAG LIN 1 1 Section 1. The following amendment to the Constitution of 1 2 the State of Iowa is hereby proposed: 1 3 Article III, Legislative Department, Constitution of the 1 4 State of Iowa, is hereby amended by adding the following new 1 5 section: 1 6 School district home rule.SEC. 39B. School districts are 1 7 granted home rule power and authority, not inconsistent with 1 8 the laws of the general assembly, to determine their local 1 9 affairs and government, except that they shall not have power 1 10 to levy any tax unless expressly authorized by the general 1 11 assembly. 1 12 If the power or authority of a school district conflicts with 1 13 the power and authority of a municipal corporation, county, 1 14 or joint county=municipal corporation government, the power 1 15 and authority exercised by a municipal corporation, county, or 1 16 joint county=municipal corporation government shall prevail 1 17 within the jurisdiction of the municipal corporation, county, 1 18 or joint county=municipal corporation government. 1 19 The rule or proposition of law that a school district 1 20 possesses and can exercise only those powers granted in express 1 21 words is not a part of the law of this state. 1 22 Sec. 2. REFERRAL AND PUBLICATION. The foregoing proposed 1 23 amendment to the Constitution of the State of Iowa is hereby 1 24 referred to the general assembly to be chosen at the next 1 25 general election for members of the general assembly, and the 1 26 secretary of state is directed to cause the proposed amendment 1 27 to be published for three consecutive months previous to the 1 28 date of that election as provided by law. 1 29 EXPLANATION 1 30 The inclusion of this explanation does not constitute agreement with 1 31 the explanation's substance by the members of the general assembly. 1 32 This joint resolution proposes an amendment to the 1 33 Constitution of the State of Iowa to provide home rule 1 34 powers and authority for school districts. The home rule 1 35 powers cannot be inconsistent with state law and the power 2 1 to tax is limited to those taxes expressly authorized by the 2 2 general assembly. If the power or authority of a school 2 3 district conflicts with the power and authority of a municipal 2 4 corporation, county, or joint county=municipal corporation 2 5 government, the power and authority exercised by a municipal 2 6 corporation, county, or joint county=municipal corporation 2 7 government shall prevail within the jurisdiction of the 2 8 municipal corporation, county, or joint county=municipal 2 9 corporation government. 2 10 The resolution, if adopted, would be referred to the next 2 11 general assembly before being submitted to the electorate for 2 12 ratification. LSB 5360YH (2) 86 kh/rj
