Home rule in the United States

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Home Rule in the United States.
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Home rule, no Dillon's Rule
Home rule and Dillon's Rule
Limited home rule, no Dillon's Rule
Limited home rule, Dillon's Rule
No home rule, Dillon's Rule Home rule in the United States Map.svg
Home Rule in the United States.
  Home rule, no Dillon's Rule
  Home rule and Dillon's Rule
  Limited home rule, no Dillon's Rule
  Limited home rule, Dillon's Rule
  No home rule, Dillon's Rule

Home rule in the United States relates to the authority of a constituent part of a U.S. state to exercise powers of governance; i.e.: whether such powers must be specifically delegated to it by the state (typically by legislative action) or are generally implicitly allowed unless specifically denied by state-level action. Forty of the 50 states apply some form of the principle known as Dillon's Rule, which says that local governments may exercise only powers that the state specifically grants to them, to determine the bounds of a municipal government's legal authority. [1]

Contents

In some states, known as home rule states, the state's constitution grants municipalities and/or counties the ability to pass various types of laws to govern themselves (so long as the laws do not conflict with the state and federal constitutions). In other states, known as Dillon's Rule states, only limited authority has been granted to local governments by passage of statutes in the state legislature. In these states, a city or county must obtain permission from the state legislature if it wishes to pass a law or ordinance not specifically permitted under existing state legislation. Most states have a mix; for example, allowing home rule for municipalities with a minimum number of residents.

The National League of Cities identifies 31 Dillon's Rule states, 10 home rule states, 8 states that apply Dillon's Rule only to certain municipalities, and one state (Florida) that applies home rule to everything except taxation. [2] Each state defines for itself what powers it will grant to local governments. Within the local sphere, there are four categories in which the state may allow discretionary authority: [2]

Many states have different provisions regarding home rule for counties than for municipalities. The National Association of Counties says in 14 states all counties (or county equivalents) operate under Dillon's Rule, while 13 states allow all counties home rule authority and 21 states have a mix of home rule and Dillon's Rule. Connecticut and Rhode Island do not have independent county governments. [3]

Home rule and Dillon's Rule states

The following chart indicates which of the 50 U.S. states are home rule states and which states obey the legal principle of Dillon's Rule for determining local government authority. [4] A state in this chart with "Limited" home rule may grant home rule to particular cities and municipalities individually but has no constitutional provision guaranteeing home rule. A state that is both a home rule state and a Dillon's Rule state applies Dillon's Rule to matters or governmental units not accounted for in the constitutional provision or statute that grants home rule.[ citation needed ]

Washington, D.C. is a federal city with a limited form of home rule granted by the federal government; see District of Columbia home rule for details.

StateHome rule state?Dillon's Rule state?Comments
Alabama LimitedYesLimited home rule granted to cities and towns in Article XII, Sections 220-28 of the Alabama constitution. Counties are not delegated even a general grant of power under Dillon's Rule and must seek "local legislation" from the state legislature. [5]
Alaska YesNo
Arizona YesYes
Arkansas LimitedYes
California YesYesCities that have not adopted a charter are organized by state law. Such a city is called a "general law city" (or a "code city"), which will be managed by a five-member city council. As of January 21, 2020, 125 of California's 478 cities were charter cities. [6] [7]
Colorado YesYesHome rule provided for municipalities by constitutional amendment in 1902; for counties in 1970 (more limited than for municipalities). [8]

102 home rule municipalities, plus two consolidated city-counties that are home rule, and two home rule counties. [9] [10] [8]

All tax increases in Colorado must be voter-approved.

Connecticut Yes [11] Yes
Delaware NoYes
Florida YesNoHome rule specifically granted in Section 166.021(1) of Florida Statutes.
Georgia YesYesHome rule specifically granted in Article IX of Georgia Constitution
Hawaii YesYes
Idaho YesYes
Illinois YesYes
Indiana LimitedYesDillon's Rule applies only to townships.
Iowa YesNo
Kansas LimitedYesDillon's Rule does not apply to cities or counties.
Kentucky LimitedYes
Louisiana YesYesHome rule is more limited in charter municipalities established after 1974. [12]
Maine YesYes
Maryland YesYes
Massachusetts YesNo
Michigan YesYesHome rule applies to all cities, some villages, and two counties.
Minnesota YesYes
Mississippi NoYes
Missouri YesYes
Montana YesNo
Nebraska LimitedYesThe Nebraska Constitution was amended in 1912 to allow cities with a population of more than 5,000 inhabitants to form a government under home rule. See Article XI, Section 2

Lincoln and Omaha are Nebraska's only home rule cities as of 2020. [13] Grand Island adopted a home rule charter in 1928; it was repealed by the voters on April 2, 1963. The city council subsequently repealed the charter on April 17, 1963, with Ordinance 3990.

Nevada No [14] YesHome rule legislation SB29 took effect July 2015, and gave more power to county commissioners. However, local government including general improvement districts, special districts, fire districts, and school districts were not affected by this change. [14]
New Hampshire NoYes
New Jersey YesNo
New Mexico YesYes
New York YesYes
North Carolina LimitedYes
North Dakota YesYes
Ohio YesNo
Oklahoma NoYes
Oregon YesNo
Pennsylvania YesYes
Rhode Island YesYes
South Carolina LimitedNo
South Dakota YesYes
Tennessee YesYes
Texas LimitedYesCities may adopt home rule once their population exceeds 5,000 and the voters adopt a city charter, the provisions of which cannot be inconsistent with either the Texas Constitution or "the general laws of the state." If the population subsequently falls below 5,000, the charter remains in force and may be amended. [15] Otherwise, cities with populations of 5,000 or less are governed by the general laws only. [16] School districts are generally governed by the general laws; a district may adopt a home rule charter, [17] but no district has chosen to do so. [18] Counties and "special districts" (other special-purpose governmental entities besides cities and school districts) are governed solely by the general laws and prohibited from adopting home rule.
Utah LimitedNo
Vermont NoYes
Virginia NoYes [19] All cities, which must have at least 5,000 residents and are independent from counties, and towns, which are not, are required to have a charter, although Dillon's Rule applies. See administrative subdivisions of Virginia.
Washington YesYes
West Virginia Yes [20] NoDillon's Rule was effectively abolished in the 1969 Municipal Code, §7, Article 1. Home rule was introduced in a pilot program in 2007 and made permanent in 2019.
Wisconsin LimitedYes
Wyoming NoYes

Home rule charter cities

In the United States, a home rule city, charter city, or home rule charter city is a city in which the governing system is defined by its own municipal charter document rather than solely by state statute (general law). State law may require general-law cities to have a five-member city council, for example, as in California, but a city organized under a charter may choose a different system, including the "strong mayor" or "city manager" forms of government. [21] [22] These cities may be administered predominantly by residents or through a third-party management structure, because a charter gives a city the flexibility to choose novel types of government structure. Depending on the state, all cities, no cities, or some cities may be charter cities. [23]

See also

Related Research Articles

Home rule is the government of a colony, dependent country, or region by its own citizens. It is thus the power of a part of a state or an external dependent country to exercise such of the state's powers of governance within its own administrative area that have been decentralized to it by the central government. Home rule may govern in an autonomous administrative division; in contrast, though, there is no sovereignty separate from that of the parent state, and thus no separate chief military command nor separate foreign policy and diplomacy.

Local government in New Mexico consists of counties and municipalities.

<span class="mw-page-title-main">John Forrest Dillon</span> American judge (1831–1914)

John Forrest Dillon was an American attorney in Iowa and New York, a justice of the Iowa Supreme Court and a United States circuit judge of the United States Circuit Court for the Eighth Circuit. He authored a highly influential treatise on the power of states over municipal governments.

<span class="mw-page-title-main">Local government in the United States</span> Governmental jurisdictions below the level of the state

Most U.S. states and territories have at least two tiers of local government: counties and municipalities. Louisiana uses the term parish and Alaska uses the term borough for what the U.S. Census Bureau terms county equivalents in those states. Civil townships or towns are used as subdivisions of a county in 20 states, mostly in the Northeast and Midwest.

Massachusetts shares with the five other New England states a governmental structure known as the New England town. Only the southeastern third of the state has functioning county governments; in western, central, and northeastern Massachusetts, traditional county-level government was eliminated in the late 1990s. Generally speaking, there are four kinds of public school districts in Massachusetts: local schools, regional schools, vocational/technical schools, and charter schools.

Municipal corporation is the legal term for a local governing body, including cities, counties, towns, townships, charter townships, villages, and boroughs. The term can also be used to describe municipally owned corporations.

A municipal council is the legislative body of a municipality or local government area. Depending on the location and classification of the municipality it may be known as a city council, town council, town board, community council, rural council, village council, or board of aldermen.

Connecticut shares with the five other New England states a governmental structure known as the New England town. From 1666 to 1960, Connecticut had a system of county governments, which each had limited powers given to it by the General Assembly. They were abolished by Public Act 152 in 1960. Connecticut also had a system of sheriffs' offices until October 2000, when those were also abolished.

The administrative divisions of Virginia are the areas into which the Commonwealth of Virginia, a U.S. state, is divided for political and administrative purposes. Some are local governments; others are not. However, all local governments are political subdivisions of the state.

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The state of Michigan is largely divided in the same way as many other U.S. states, but is distinct in its usage of charter townships. Michigan ranks 13th among the fifty states in terms of the number of local governmental entities.

In the U.S. commonwealth of Pennsylvania, a home rule municipality is one incorporated under its own unique charter, created pursuant to the state's home rule and optional plans law and approved by referendum. "Local governments without home rule can only act where specifically authorized by state law; home rule municipalities can act anywhere except where they are specifically limited by state law". Although many such municipalities have retained the word "Township" or "Borough" in their official names, the Pennsylvania Township and Borough Codes no longer apply to them. All three types of municipalities may become a home rule municipality.

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The law of Illinois, a state of the United States, consists of several levels, including constitutional, statutory, and regulatory law, as well as case law and local law. Illinois state law is promulgated under the Illinois State Constitution. The Illinois Compiled Statutes (ILCS) form the general statutory law. The case law of the Illinois Supreme Court and state appellate courts is currently published online under a public domain reporting system. Interpretations of law and conflicts among the various levels of law are referred to the Illinois courts in suits for application of common law. The states administrative law is published in codified form in the Illinois Administrative Code. Local ordinances are published by the respective local authorities, which are granted that authority under state law.

The U.S. state of Texas has a total of 254 counties, many cities, and numerous special districts, the most common of which is the independent school district.

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In the systems of local government in some U.S. states, a general-law municipality, general-law city, code city, or statutory city is a municipality whose government structure and powers are defined by the general law of its state. This is in contrast to a charter city or home-rule city, whose government structure and powers are defined by a municipal charter.

References

  1. Lang, Diane (December 1991). "DILLON'S RULE...AND THE BIRTH OF HOME RULE" (PDF). New Mexico Municipal League. Retrieved November 16, 2021.
  2. 1 2 "Local Government Authority". National League of Cities. Archived from the original on August 4, 2016. Retrieved August 13, 2016.
  3. https://www.naco.org/sites/default/files/2024-03/2024%20County%20Government%20Primer_v20_FINAL.pdf
  4. Adam Coester (January 2004). "Dillon's Rule or Not?" (PDF). National Association of Counties. Archived from the original (PDF) on 2015-10-10. Retrieved 2010-09-07.
  5. "Home Rule". Encyclopedia of Alabama. Alabama Humanities Alliance. Retrieved 19 April 2023.
  6. "Charter Cities List". League of California Cities. February 22, 2013. Retrieved 2016-06-23.
  7. "Charter Cities". League of California Cities. Archived from the original on 2008-11-14. Retrieved 2008-11-14.
  8. 1 2 https://leg.colorado.gov/sites/default/files/r20-540_issue_brief_on_home_rule_charters.pdf
  9. https://dola.colorado.gov/lgis/lgType.jsf
  10. https://test.ccionline.org/about/counties/
  11. "The Connecticut Constitution". Connecticut State Library. April 2011. Archived from the original on 2009-03-23. Retrieved 2011-04-06.
  12. https://app.lla.state.la.us › llala.nsf › CECBB689D15358A5862583EF005AD18F › $FILE › WP-Limitations of Home Rule Chtr Authority.pdf
  13. See Dillon Rule and Home Rule: Principles of Local Governance, Nebraska Legislative Research Office, February 2020.
  14. 1 2 "OPINION NO. 2016-07" (PDF). ag.nv.gov. Nevada Attorney General. April 15, 2016. Retrieved February 15, 2024.
  15. "Texas Constitution, Article XI, Section 5". statutes.legis.state.tx.us. November 8, 2011. Retrieved February 15, 2024.
  16. "Texas Constitution, Article XI, Section 4". statutes.legis.state.tx.us. November 2, 1920. Retrieved February 15, 2024.
  17. "Texas Education Code, Chapter 12, Subchapter B". statutes.legis.state.tx.us. May 30, 1995. Retrieved February 15, 2024.
  18. https://allianceaft.tx.aft.org/files/home_rule_fact_sheet.pdf#:~:text=What%20is%20a%20Home%20Rule%20Charter%20School%20District%3F,never%20once%20been%20used%20anywhere%20in%20the%20state.
  19. "Local Government Autonomy and the Dillon Rule in Virginia" . Retrieved 2020-05-12.
  20. "The West Virginia Municipal Home Rule Program". West Virginia Department of Revenue. 2021. Retrieved 2021-12-30.
  21. "Charter Cities". League of California Cities. 2007-05-09. Retrieved 2008-04-17.
  22. "California Government Code, Title 4 Government of Cities, Chapter 2 Classification". State of California. Archived from the original on 2010-03-30. Retrieved 2008-04-17.
  23. Total charter cities by state, from Ballotpedia

Further reading