Home rule in the United Statesrelates to the authority of a constituent part of aU.S. stateto 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 asDillon'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]
In some states, known ashome rule states,the state's constitution grantsmunicipalitiesand/orcountiesthe 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 asDillon'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.
TheNational League of Citiesidentifies 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]
- Structural – power to choose the form of government, charter and enact charter revisions,
- Functional – power to exercise local self government in a broad or limited manner,
- Fiscal – authority to determine revenue sources, set tax rates, borrow funds and other related financial activities,
- Personnel – authority to set employment rules, remuneration rates, employment conditions and collective bargaining.
Many states have different provisions regarding home rule for counties than for municipalities. TheNational Association of Countiessays 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.ConnecticutandRhode Islanddo not have independent county governments.[3]
Home rule and Dillon's Rule states
editThe 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 afederal citywith a limited form of home rule granted by the federal government; seeDistrict of Columbia home rulefor details.
| State | Home rule state? | Dillon's Rule state? | Comments |
|---|---|---|---|
| Alabama | Limited | Yes | Limited 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 | Yes | No | |
| Arizona | Yes | Yes | |
| Arkansas | Limited | Yes | |
| California | Yes | Yes | Cities 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 | Yes | Yes | Home rule provided for municipalities by constitutional amendment in 1902; for counties in 1970 (more limited than for municipalities).[8]
102 home rule municipalities, plus twoconsolidated city-countiesthat are home rule, and two home rule counties.[9][10][8] All tax increases in Colorado must bevoter-approved. |
| Connecticut | Yes[11] | Yes | |
| Delaware | No | Yes | |
| Florida | Yes | No | Home rule specifically granted in Section 166.021(1) of Florida Statutes. |
| Georgia | Yes | Yes | Home rule specifically granted in Article IX of Georgia Constitution |
| Hawaii | Yes | Yes | |
| Idaho | Yes | Yes | |
| Illinois | Yes | Yes | |
| Indiana | Limited | Yes | Dillon's Rule applies only to townships. |
| Iowa | Yes | No | |
| Kansas | Limited | Yes | Dillon's Rule does not apply to cities or counties. |
| Kentucky | Limited | Yes | |
| Louisiana | Yes | Yes | Home rule is more limited in charter municipalities established after 1974.[12] |
| Maine | Yes | Yes | |
| Maryland | Yes | Yes | |
| Massachusetts | Yes | No | |
| Michigan | Yes | Yes | Home rule applies to all cities, some villages, and two counties. |
| Minnesota | Yes | Yes | |
| Mississippi | No | Yes | |
| Missouri | Yes | Yes | |
| Montana | Yes | No | |
| Nebraska | Limited | Yes | The 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. SeeArticle XI, Section 2
LincolnandOmahaare Nebraska's only home rule cities as of 2020.[13]Grand Islandadopted 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] | Yes | Home 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 | No | Yes | |
| New Jersey | Yes | No | |
| New Mexico | Yes | Yes | |
| New York | Yes | Yes | |
| North Carolina | Limited | Yes | |
| North Dakota | Yes | Yes | |
| Ohio | Yes | No | |
| Oklahoma | No | Yes | |
| Oregon | Yes | No | |
| Pennsylvania | Yes | Yes | |
| Rhode Island | Yes | Yes | |
| South Carolina | Limited | No | |
| South Dakota | Yes | Yes | |
| Tennessee | Yes | Yes | |
| Texas | Limited | Yes | Cities 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 theTexas Constitutionor "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 | Limited | No | |
| Vermont | No | Yes | |
| Virginia | No | Yes[19] | All cities, which must have at least 5,000 residents and areindependentfrom counties, and towns, which are not, are required to have a charter, although Dillon's Rule applies. Seeadministrative subdivisions of Virginia. |
| Washington | Yes | Yes | |
| West Virginia | Yes[20] | No | Dillon'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 | Limited | Yes | |
| Wyoming | No | Yes |
Home rule charter cities
editIn theUnited States,ahome rule city,charter city,orhome rule charter cityis acityin which thegoverning systemis defined by its ownmunicipal charterdocument rather than solely bystate 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
editReferences
edit- ^Lang, Diane (December 1991)."DILLON'S RULE...AND THE BIRTH OF HOME RULE"(PDF).New Mexico Municipal League.RetrievedNovember 16,2021.
- ^ab"Local Government Authority".National League of Cities.Archived fromthe originalon August 4, 2016.RetrievedAugust 13,2016.
- ^https:// naco.org/sites/default/files/2024-03/2024%20County%20Government%20Primer_v20_FINAL.pdf
- ^Adam Coester (January 2004)."Dillon's Rule or Not?"(PDF).National Association of Counties. Archived fromthe original(PDF)on 2015-10-10.Retrieved2010-09-07.
- ^"Home Rule".Encyclopedia of Alabama.Alabama Humanities Alliance.Retrieved19 April2023.
- ^"Charter Cities List".League of California Cities. February 22, 2013.Retrieved2016-06-23.
- ^"Charter Cities".League of California Cities. Archived fromthe originalon 2008-11-14.Retrieved2008-11-14.
- ^abhttps://leg.colorado.gov/sites/default/files/r20-540_issue_brief_on_home_rule_charters.pdf
- ^https://dola.colorado.gov/lgis/lgType.jsf
- ^https://test.ccionline.org/about/counties/
- ^"The Connecticut Constitution".Connecticut State Library. April 2011. Archived fromthe originalon 2009-03-23.Retrieved2011-04-06.
- ^https://app.lla.state.la.us› llala.nsf › CECBB689D15358A5862583EF005AD18F › $FILE › WP-Limitations of Home Rule Chtr Authority.pdf
- ^See Dillon Rule and Home Rule: Principles of Local Governance, Nebraska Legislative Research Office, February 2020.
- ^ab"OPINION NO. 2016-07"(PDF).ag.nv.gov.Nevada Attorney General.April 15, 2016.RetrievedFebruary 15,2024.
- ^"Texas Constitution, Article XI, Section 5".statutes.legis.state.tx.us.November 8, 2011.RetrievedFebruary 15,2024.
- ^"Texas Constitution, Article XI, Section 4".statutes.legis.state.tx.us.November 2, 1920.RetrievedFebruary 15,2024.
- ^"Texas Education Code, Chapter 12, Subchapter B".statutes.legis.state.tx.us.May 30, 1995.RetrievedFebruary 15,2024.
- ^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.
- ^"Local Government Autonomy and the Dillon Rule in Virginia".Retrieved2020-05-12.
- ^"The West Virginia Municipal Home Rule Program".West Virginia Department of Revenue. 2021.Retrieved2021-12-30.
- ^"Charter Cities".League of California Cities. 2007-05-09.Retrieved2008-04-17.
- ^"California Government Code, Title 4 Government of Cities, Chapter 2 Classification".State of California.Archived fromthe originalon 2010-03-30.Retrieved2008-04-17.
- ^Total charter cities by state,fromBallotpedia
Further reading
edit- Kemp, Roger L. (2007).Model Government Charters: A City, County, Regional, State, and Federal Handbook.Jefferson, NC, and London: McFarland and Co.ISBN978-0-7864-3154-0.OCLC51210631.
- Lang, Diane (December 1991)."Dillon's Rule...and the Birth of Home Rule"(PDF).New Mexico Municipal League. Archived fromthe original(PDF)on 2008-05-30.Retrieved2008-12-26.Discussion ofDillon's rule,charter cities and home rule inNew Mexico.