95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB2591


 
Introduced 2/15/2008, by Sen. Matt Murphy
 
SYNOPSIS AS INTRODUCED:
 		













55 ILCS 5/1-3012 new










    Amends the Counties Code.  Provides that, in Cook County, one or more contiguous  townships may be disconnected from the county and may form a new county.  Provides that the disconnection must be approved by referendum.  Preempts home rule powers.  Effective immediately.
















LRB095 19729 HLH 46095 b

















FISCAL NOTE ACT MAY APPLY


HOME RULE NOTE ACT MAY APPLY


HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











SB2591

LRB095 19729 HLH 46095 b






1
    AN ACT concerning local government.

 
2
    Be it enacted by the People of the State of Illinois,
 
3
represented in the General Assembly:


 
4
    Section 5. The Counties Code is amended  by adding Section 
5
1-3012 as follows:
 
6
    (55 ILCS 5/1-3012  new)
7
    Sec. 1-3012. Disconnection from county.
8
    (a) Notwithstanding any other provision of law, in Cook 
9
County, one or more contiguous  townships may be disconnected 
10
from the county and may form a new county by one of the 
11
following methods:
12
        (i) The governing body of the  township or townships may 
13
    adopt an ordinance to disconnect the territory of the 
14
    township  from the county.  Any ordinance adopted under this 
15
    item shall not take effect until it is approved by the 
16
    voters of the township at referendum.  The township board 
17
    must certify the question to the proper election authority, 
18
    which must submit the question to the electors residing in 
19
    the township at the next general election in accordance 
20
    with the Election Code. 
21
        (ii) The electors  of the county who reside in the 
22
    township or townships may  call for the disconnection  by 
23
    filing a petition signed by at least 10% of the electors 
 


 






SB2591
- 2 -
LRB095 19729 HLH 46095 b




1
    residing in the township. The township board must certify 
2
    the question to the proper election authority, which must 
3
    submit the question to the electors residing in the 
4
    township at the next general election in accordance with 
5
    the Election Code. 
6
    In either case, the question must be in substantially the 
7
following form: 
8
        "Shall (insert name of township) be disconnected from 
9
    Cook County in order to form a new county?" 
10
    Votes shall be recorded as "Yes" or "No".  If a majority of 
11
the votes cast upon the proposition are
in favor of the 
12
disconnection, then the township shall be disconnected when a 
13
new county has been formed in the manner described in this 
14
Division.  This Section is a denial and limitation of home rule 
15
powers and
functions under subsection (h) of Section 6 of 
16
Article VII of the Illinois
Constitution. 
 

17
    Section 99. Effective date. This Act takes effect upon 
18
becoming law.