What Is A Home Rule Municipality In Illinois?

What does home rule in Illinois mean?

According to the Illinois Constitution, Home Rule provides cities with the power to “ regulate for the protection of the public health, safety, morals and welfare; to license; to tax; and to incur debt”.

What does it mean when we say municipalities have home rule?

In some states, known as home rule states, the state’s constitution grants municipalities and/or counties the ability to pass laws to govern themselves as they see fit (so long as they obey the state and federal constitutions). Each state defines for itself what powers it will grant to local governments.

How many home rule municipalities are in Illinois?

There are currently 218 home rule municipalities in Illinois.

What is an example of home rule?

Home rule involves the authority of a local government to prevent state government intervention with its operations. For example, a town exercises its home rule powers when it puts the issue of allowing the sale of alcoholic beverages within its borders on the ballot.

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How does home rule work?

Home Rule is granted by state constitution or state statute and allocates some autonomy to a local government, if the local government accepts certain conditions. Home Rule implies that each level of government has a separate realm of authority.

What is the home rule tax in Illinois?

The Home Rule sales tax is in 0.25% increments with no maximum rate limit. The Non-home Rule sales tax is in 0.25% increments with a 1% maximum rate limit.

What is the difference between general rule and home rule charters?

GENERAL-LAW VS. HOME-RULE General-law cities have only those powers that state law authorizes. Conversely, home- rule cities may have powers that are not prohibited by the state constitution or state laws, and their government structures are set out by their municipal charter.

How do you become a home rule municipality?

In some, citizens are able to write and adopt their own local governing constitutions. While the process for becoming a Home Rule municipality differs among the states, it often requires the electorate to first vote to become a Home Rule municipality, as well as elect community representatives to draft a new charter.

What are home rule charters?

A home rule charter is essentially a local constitution: it sets up the government structure and outlines its authority and its limitations. Under home rule, a county or municipality can do anything that’s not specifically denied by the state constitution, the General Assembly, or the charter itself.

What is a non-home rule?

Page Content. In general, a non-home rule unit is the form of government for either a county that does not have a chief executive officer elected by the electors of the county or a municipality that has a population of 25,000 or less.

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What is Article 7 of the Illinois Constitution?

A home rule municipality shall have the power to provide for its officers, their manner of selection and terms of office only as approved by referendum or as otherwise authorized by law. (m) Powers and functions of home rule units shall be construed liberally. (Source: Illinois Constitution.) SECTION 7.

Is Chicago a municipality?

Through municipal charters, state governments grant powers of local government to cities. In 1837 Chicago received its first city charter, which divided the city into six wards, allowed for a mayor elected to a one-year term, and legally incorporated Chicago as a municipality.

What is the difference between a home rule city and a general law city?

General-law cities have only those powers that state law expressly or implicitly authorizes. By contrast, home-rule cities may assume any power not prohibited by the state constitution or state laws.

What is the main advantage of a home rule city?

home rule allows local political and interest groups increased freedom from state supervision and interference. the system makes the solution of region-wide problems more difficult as a local government could refuse to participate.

Is Indiana a home rule state?

CODE §36- 1-3-8. Thus, while the Indiana Home Rule Act was intended to provide counties, municipalities, and townships with expansive and broad-ranging authority to conduct their affairs, this authority is not without limitations. In conclusion, Indiana is a weak home-rule state.

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