Home Rule in Illinois
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352.0773 116961 cop. 3 UNIVERSITY OF ILLINOIS BULLETIN HOME RULE IN ILLINOIS Final Report, Background Papers, and Speeches ASSEMBLY ON HOME RULE IN ILLINOIS Edited by Stephanie Cole and Samuel K. Gove \ THE INSTITUTE OF GOVERNMENT AND PUBLIC AFFAIRS UNIVERSITY OF ILLINOIS umis mmm mm ^f^ -J>J(^ HOME RULE IN ILLINOIS Final Report, Background Papers, and Speeches ASSEMBLY ON HOME RULE IN ILLINOIS Harrison House, Lake Bluff, Illinois April 5-7, 1973 Edited by Stephanie Cole and Samuel K. Gove THE INSTITUTE OF GOVERNMENT AND PUBLIC AFFAIRS UNIVERSITY OF ILLINOIS OCTOBER 1973 / ' C ^ "} ^'/J- J FOREWORD Illinois is the last large industrial state to adopt "home rule." The new Illinois Constitution, eflfective July 1, 1971, includes a local government article changing state-local relations characterized by tight state government control over its localities to a relationship where the localities have great freedom. In fact, the Illinois constitutional provision for home rule has been described as one of the most liberal found in any state constitution. The Institute of Government and Public Affairs, long-time participant- observer in significant political and governmental developments in Illinois, determined this change in state-local relations had such strong potential impact on the state that it was worthy of close study. For this purpose, the Illinois Home Rule Clearinghouse and Policy Analysis Project was organized. As part of the project, the Institute's annual assembly, first held in 1958, was in 1973 devoted to the issue of home rule. As University of Illinois President John E. Corbally Jr. said in a state- ment read at the opening of the assembly, "This conference will explore 'home rule' — a concept which implies local authority and which requires local responsibility. The concept is crucial to our society and is badly in need of reexamination." This volume is the report of the Assembly on Home Rule. It includes the assembly report, the speeches, list of participants, and background papers prepared before the conference. The background paper authors were not limited in the expression of their views and interpretations, which therefore are their own. In some cases, the authors revised their papers significantly after the assembly to include important post-assembly developments. John Parkhurst prepared a new paper to replace an article that he had published elsewhere immediately after the adjournment of the Sixth Illinois Constitu- tional Convention. We want to thank the paper writers, the participants, the home rule project advisory group, and the Institute staff, all of whom contributed to the success of the assembly. Special credit should go to Stephanie Cole, the home rule project director. And finally we want to thank the state Office of Planning and Analysis in Springfield for the financial support of the home rule project, including the assembly, through a comprehensive plan- ning grant from the U.S. Department of Housing and Urban Development. Samuel K. Gove Director, Institute of Government and Public Aflfairs DAVID C. BAUM 1934-1973 David C. Baum, professor of law at the University of Illinois at Urhana- Champaign, died March 2, 1973, after a brief illness. Professor Baum was an active and valuable member of the advisory group to the Illinois Home Rule Clearinghouse and Policy Analysis Project; his thoughtful and imagi- native guidance are missed. Professor Rubin G. Cohn spoke the following words at a memorial service and at the Illinois Assembly on Home Rule: It is surely not the length of years that measures the worth of a man. David Baum's contributions to teaching, scholarship, government, public service, community, and family, all within the span of less than four decades, incontestably verify this truism. I will touch briefly upon only two of his major achievements. In 1970, David and I served the Sixth Illinois Constitutional Convention in similar capacities — he as counsel for the Local Government Committee and I as counsel for the Judiciary Committee. The product of the convention is now the basic charter of the state. Among scholars, there is absolute consensus that the local government article of the new constitution, particularly its provisions establishing principles of municipal home rule, embodies the most innovative, constructive, and far-reaching reforms in the state's history. David was a major architect of that article. His two most recent publications analyzing its provisions are and will remain among the most definitive and influential of research sources for judges, legislators, lawyers, and students of government. Those constitutional provisions now and for a long time will constitute an exciting new model for other states to ponder, analyze, emulate, and adjust. Standing alone, David's contributions in this area have earned him recog- nition and rank among the nation's foremost scholars in local government law. They do not stand alone, however. Serving with a joint committee of the Illinois State and Chicago bar associations, David played a major role in drafting, and in securing legislative enactment in Illinois, of a compre- hensive law detailing the respective areas of immunity and liability of local governments and local governmental officials for injuries to private citizens. The law brought a sense of enlightened order into what had been a chaotic wilderness of conflicting and ambiguous principles. Here, too, his writings have helped shape the course of judicial interpretation and continued legislative policy. There is much more, but in the few remaining moments I propose to speak of David in a more personal view. By conventional criteria, David was not a religious man. His commitment was not to the institution, the organization, the structured, ritualistic forms by which most persons establish a religious identity. Yet he was, indeed, a deeply religious person in the most significant sense of that term. As a youngster, barely in his teens, he had read Hillel's famous ethical and moral, and thus religious, pronounce- ment. Hillel, the wise and gentle Hebrew philosopher, scholar, and teacher, contemporary of Jesus, said: "If I am not for myself, who is for me? And if I am for myself alone, what then am I? And if not now, when?" During a service in a youth group, David spoke on that theme. It haunted and possessed him. Then and there, he resolved that it would serve as his life's credo. He and Alice, after their marriage, made a conscious, deliberate pledge that their lives would be lived by Hillel's maxim. Know yourself, your worth, your soul, your conscience; know the meaning of your life; know your identity and purpose in the universe, your capacity for truth, for love and goodness; then having achieved this threshold of wisdom, uni- versalize it; extend it in word and deed, in thought and action to your fellow man; not when convenient or comfortable, but now, today, every day, every moment of your life. And so he lived his brief life in simple, graceful, and eloquent loyalty to this commitment. David was bom in the year that I received my law degree. Our paths crossed and merged in 1963 when he joined the faculty. One complete generation lay between us. Yet such was the harmony of his nature that it transcended barriers of age, habit, and tradition. \Ve were friends the mo- ment we became colleagues. And so it was with David and all his colleagues, as it was with the staff and students of the College of Law. He was a very human human being. CONTENTS FOREWORD iii DAVID C. BAUM, 1934-1973 V REPORT OF THE ASSEMBLY 1 BACKGROUND PAPERS 9 ILLINOIS HOME RULE IN HISTORICAL PERSPECTIVE Stephanie Cole 11 TWO YEARS LATER: THE STATUS OF HOME RULE IN ILLINOIS John C. Parkhurst 21 JUDICIAL DECISIONS INTERPRETING ILLINOIS CONSTITUTIONAL HOME RULE PROVISIONS Rubin G. Cohn 37 HOME RULE, PREEMPTION, AND THE ILLINOIS GENERAL ASSEMBLY Eugene Green 49 HOME RULE REFERENDA IN ILLINOIS Susan B. Mack 61 HOME RULE AND LOCAL GOVERNMENT FINANCE: AN ECONOMIST'S PERSPECTIVE Robert N. Schoeplein 73 HOME RULE AND LOCAL GOVERNMENT FINANCE: A LAWYER'S PERSPECTIVE J. Nelson Young 89 IMPROVED LAND USE REGULATION FOR THE HOME RULE MUNICIPALITY Clyde W. Forrest 101 THE CHICAGO HOME RULE COMMISSION: REPORT AND RECOMMENDATIONS Allen Hartman 107 CITY POWER AND THE FEDERAL SYSTEM: HOME RULE IN CONTEXT Edward M. Levin, Jr 115 SPEECHES 127 THE NEED FOR POSITIVE LEADERSHIP Norman Elkin 129 SOME REFLECTIONS ON HOME RULE Edward AI. Kresky 141 AUTHORS 147 PARTICIPANTS AND STAFF 151 ILLINOIS ASSEMBLIES 157 REPORT OF THE ASSEMBLY REPORT OF THE ASSEMBLY Participants in the Illinois Assembly on Home Rule meeting at Harrison House, Lake Bluff, Illinois, April 5-7, 1973, approved this summary of their findings at the conclusion of their discus- sions. The findings of the assembly relate only to those matters specifically discussed and are not put forward as a comprehensive treatment of the issues which arise from home rule. Since there were dissents on particular points, it should not be assumed that every participant subscribed to every detail of the statements contained herein. I The grant of home rule powers contained in the 1970 Illinois Constitution was extremely significant for the state. The assembly was convened to consider the challenge and the opportunity created by the new home rule provisions, as well as related sec- tions of the local government article. Home rule is an important new constitutional principle. Its full potential will be realized as local governments assume their new responsibilities and powers, the state legislature clarifies its new relationships to local governments, and the courts refine the new distribution of powers. Home rule is not a panacea for all the problems of modern society, but it is an important tool for general local governments to use in solving some of their most difficult problems more imag- inatively and effectively.