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Thread: Home rule powers

  1. #1
    State Researcher lockman's Avatar
    Join Date
    Aug 2006
    Elgin, Illinois, USA

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    Here in Illinois we always are burdened with local laws that are different than state law. Preemption has failed due to the “super majority” vote required to reverse home rule.

    What about using home rule against state UUW laws. A home rule unit can pass licensing for concealed weapons. Such permits would only be valid within the issuer’s jurisdiction or a jurisdiction recognizing such permit, such as Indiana.

    If the legislature has stated they need the super majority to override home rule for increased restrictions, then let them use a 60% super majority to repeal the less restrictive standard.

    Can a state law interfering with home rule in an area of legislation the legislature has already by their “super majority” stance recognized as superseding state law be enforced?

  2. #2
    Accomplished Advocate
    Join Date
    May 2006
    Bedford, Texas, USA

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    IIRC, home rule authority can be used to make legislation that is stricter than state law, not looser.

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