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Home Rule

The Geneva City Council has been researching the possible benefits of Home Rule for the City of Geneva. On June 14, 2005 Dr. James Banovetz, Professor Emeritus at Northern Illinois University's Center for Governmental Studies and an expert in local government presented facts regarding his research relative to home rule communities. The meeting was attended by the City Council, City staff, and citizens. All in attendance were given a booklet of information about Home Rule and a copy of Dr. Banovetz's presentation.

The City of Geneva hosted a second public forum regarding Home Rule Communities on Monday, August 29, 2005, 7:00 p.m. at City Hall, 22 S. First St., Geneva, IL. Former Village Manager of Carol Stream, Greg Bielawski, spoke regarding his experience with his community automatically acquiring the status of home rule when Carol Stream's population increased to 25,000. Village Administrator Jamie Bowden of East Dundee spoke regarding his experience with a successful home rule referendum in his community. Village Trustee Barry Thompson, from the Village of Minooka, spoke regarding his experience with a failed home rule referendum in his community.

On Monday May 22, 2006, Alderman Maladra and Alderman Vogelsberg made a home rule presentation to the Committee of the Whole. The Committee approved the creation of the citizen advisory group to determine the need for home rule in Geneva.

On Tuesday, June 27, 2006, the Geneva Citizens' Home Rule Advisory Committee met to learn more about Home Rule and to help determine if Home Rule would benefit the citizens of Geneva. The discussion centered on what is Home Rule, what can be done with Home Rule, and how Home Rule would affect the City of Geneva.

Those citizens interested in providing input can do so via email at GenevaHomeRule@geneva.il.us. All opinions and emails regarding the issue of home rule MUST include your name and home address in the email for its comments to be considered.

The next Geneva Citizens' Home Rule Committee meeting will be on Thursday, August 17th, 2006, at City Hall at 7:00 p.m.

If you have any questions about Home Rule please contact Mary McKittrick, Assistant City Administrator/Director of Administrative Services at 630-262-8495 or mmckittrick@geneva.il.us . If you would like a copy of the City's Home Rule informational guidebook or of Dr. Banovetz's presentation please click on the links below.

Frequently Asked Questions About Home Rule

What is Home Rule?

Home rule is a term which was given to a concept created to provide units of local government with an increased means of local control. The theory behind home rule was that some problems are inherently local in nature and, thus, are better dealt with at the local level since a "one-size fits all" state legislative solution couldn't possibly foresee problems which are uniquely local in nature. The creation of home rule was triggered by the increasing urbanization and complexity of society. As municipalities became larger and less rural, they
desired governmental independence and the ability to deal with local problems at the local level. What home rule does is to reverse what is commonly known as "Dillon’s Rule." "Dillon’s Rule" stands for the proposition that in order for a municipality to be able to act or legislate in a given area, it must point to statutory authority to act or its actions must be necessarily implied from a given statute. Thus, prior to home rule, municipalities had to point to a specific statute in order to act.

*Excerpt from: Illinois Municipal League, Municipal Review Magazine Legal Q & A (Published June 1997) By Beth Anne Janicki and Lore Ann Verkuilen

How Does a Municipality Become Home Rule?

By reaching a population of 25,000 or by referendum

Do Home Rule Communities Levy More Property Taxes?

An examination of the record does not support opponents’ claims. Several scholarly studies have been made of the use of property taxes in home rule cities and villages during the 32 years since home rule first became available to Illinois cities and villages. A just completed survey of Illinois home rule communities found that home rule communities are less dependent on property taxes for their revenues than are non-home rule communities. On average, according to annual surveys published by the Office of the Illinois Comptroller, cities and villages derive 25-30 percent of the revenues from property taxes. The 2002 survey of Illinois home rule communities found that, on average, home rule communities derived 10 to 20 percent of their revenue from property taxes, depending upon their population and geographic location.

Available evidence also suggests that voters in Illinois home rule communities do not believe that home rule has led to undesirable rates of taxation. Voters in all home rule communities have the option to stop home rule tax levies by voting home rule out. And, indeed, in the last 32 years, home rule opponents have succeeded 29 times in placing the elimination of home rule on the ballot in a home rule community. Most of the resulting election campaigns were fought on the issue of whether taxes, and especially property taxes, were being misused. Voters approved the retention of home rule powers in 25 of these 29 elections, or 83 per cent.

*Excerpt from: Illinois Municipal Review, April 2003,The Status of Illinois Home Rule, Part III: Do Home Rule Communities Levy More Property Taxes? By James M. Banovetz and Thomas W. Kelty
How Have Illinois Home Rule Municipalities Used Their Authority?
Use of Home Rule Taxing Power, 2002
Kind of Tax # of Municipalities
Using It
% of Total  
Additional Retail Sales Tax 53 60.9  
Hotel-Motel Tax 52 59.7  
Real Estate Transfer Tax 31 35.6  
Sales Tax on Restaurant Food & Beverage 22 25.3  
Gasoline Tax 15 17.2  
Amusement Tax 12 13.8  
Wheel Tax 7 8.0  
Retail Sale of New Motor Vehicles Tax 2 2.3  
Use of Natural Gas 2 2.3  
Other 4 4.6  
Number Reporting not using any home rule tax 14 16.1  
 
The Regulatory Use of Home Rule Powers
Question
# of Responses
%
Question
# of Responses
%
Do you use Home Rule to:          
1. Develop regulations on:     2. Engage in licensing or franchising:    

Curfew

18 20 Liquor Sales 15 17
Environment 11 13 Towing Truck Operations 13 15
Liquor Sales or Use 35 40 Cable TV 16 18
Zoning 42 48 Utilities 13 15
Other Juvenile Concerns 13 15 Mobile Homes 9 10
Land Use Planning/Subdivision Control 34 39 Nursing Homes/Retirement Communities 7 8
           
*Excerpt from: Policy Profiles Vol. 2, No. 3 August 2002. Center for Governmental Studies, Northern Illinois University.
Issue: The Uses of Home Rule with Special Emphasis of Taxation.
Recently Published Articles About Home Rule

City of Geneva's Home Rule Guidebook (1.7MB)

Home Rule and Development by James Banovetz (2003)

Do Home Rule Communities Levy More Property Taxes? by James M. Banovetz and Thomas W. Kelty(2003)
The Uses of Home Rule With Special Emphasis on Taxation by James M. Banovetz and Thomas W. Kelty (2002)
Illinois Home Rule: A Case Study In Fiscal Responsibility by James Banovetz (2002)
Local Government Revenue Structure: Does Home Rule Matter? by Tom Rooney (2002)
Home Rule Cities And The Voters by James Banovetz (2002)
Illinois Home Rule: A Thirty Year Assessment by The Center for Governmental Studies at NIU (2001)

 

Home Rule Presentations

Dr. Banovetz's June 14, 2005 Presentation (4.6MB)

Ald. Maladra's and Ald. Vogelsberg's Home Rule Presentation

Attorney Thomas Kelty's Home Rule Presentation

 

Sample Home Rule Ordinances from Other Municipalities

Senior Citizen Property Tax Relief Ordinance (Village of Lincolnshire)

Affordable Housing Plan Ordinance (Village of Wilmette)

 

Other Links to Home Rule websites

Home Rule Now (Rockford, IL Home Rule website)

Citizens' Guide to Home Rule in Illinois (Citizens Advocacy Center website)

Lake Forest Home Rule Information

 

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