ILCS » Chapter 5 · Act 70

5 ILCS 70/7

No law enacted after January 12, 1977, denies or limits any power or function of a home rule unit, pursuant to paragraphs (g), (h), (i), (j) or (k) of Section 6 of Article VII of the Illinois Constitution, unless there is specific language limiting or denying the power or function and the language specifically sets forth in what manner and to what extent it is a limitation on or denial of the power or function of a home rule unit

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(5 ILCS 70/7) (from Ch. 1, par. 1106)
    Sec. 7. No law enacted after January 12, 1977, denies or limits any power or function of a home rule unit, pursuant to paragraphs (g), (h), (i), (j) or (k) of Section 6 of Article VII of the Illinois Constitution, unless there is specific language limiting or denying the power or function and the language specifically sets forth in what manner and to what extent it is a limitation on or denial of the power or function of a home rule unit.
(Source: P.A. 80-1458.)

    
Notes of Decisions
Cited in 48 cases (19 in the last 5 years), 1993–2026 · leading case: Palm v. 2800 Lake Shore Drive Condominium Assn'n
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Palm v. 2800 Lake Shore Drive Condominium Assn'n (2013) ill · cites it 2× “The General Assembly has codified that principle in section 7 of the Statute on Statutes (5 ILCS 70/7 (West 2010)), providing: “No law enacted after January 12, 1977, denies or limits any power or function of a home rule unit, pursuant to paragraphs (g), (h), (i), (j), or (k) of…”
Nevitt v. Langfelder (1993) ill · cites it 2× “(5 ILCS 70/7 (West 1992).) The defendants have not identified any statutory provision, however, that precludes the legislature from engaging in selective preemption of home rule authority, and we are not aware of any.”
Iwan Ries & Co. v. City of Chicago (2019) ill · cites it 2× “Generally, these seven legislative exemptions allow home rule units to impose certain taxes on alcoholic beverages, cigarettes, or other tobacco products; motel or hotel rooms; sale or transfer of real property; lease receipts; food prepared for immediate consumption and alcohol…”
Pederson v. Village of Hoffman Estates (2014) illappct “) 5 ILCS 70/7 (West 2006). This rule has been formally adopted as part of Illinois home rule jurisprudence.”
City of Chicago v. StubHub, Inc. (2011) ill “The legislature has codified and endorsed these principles in section 7 of the Statute on Statutes (5 ILCS 70/7 (West 2010)), which provides as follows: “No law enacted after January 12, 1977, denies or limits any power or function of a home rule unit, pursuant to paragraphs…”
Midwest Gaming and Entertainment, LLC v. The County of Cook (2015) illappct · cites it 2× “) Palm, 2013 IL 110505, ¶ 32 (citing 5 ILCS 70/7 (West 2010)). Under the Statute on Statutes, the General Assembly has provided that “[n]o law enacted after January 12, 1977, denies or limits any power or function of a home rule unit, pursuant to paragraphs (g), (h), (i), (j),…”
Schillerstrom Homes, Inc. v. City of Naperville (2001) ill “VII, § 6(h) (“The General Assembly may provide specifically by law for the exclusive exercise by the State of any power or function of a home rule unit”); see also 5 ILCS 70/7 (West 2000) (a state statute cannot preempt home rule power unless it contains “specific language”…”
Illinois Road and Transportation Builders Ass'n v. County of Cook (2022) ill “VII, § 6(i); 5 ILCS 70/7 (West 2018). ¶ 52 We find that the import of these cases is not as simple of a proposition as urged by the County, i.”
Illinois Coin Machine Operators Ass'n v. County of Cook (2016) illappct · cites it 4× “) Palm, 2013 IL 110505, ¶ 32 (citing 5 ILCS 70/7 (West 2010)). Under the Statute on Statutes, the General Assembly has provided that “[n]o law enacted after January 12, 1977, denies or limits any power or function of a home rule unit, pursuant to paragraphs (g), (h), (i), (j),…”
Potek v. City of Chicago (2022) illappct “2d 101, 108 (1981)); see also 5 ILCS 70/7 (West 2012) (“No law enacted after January 12, 1977, denies or limits any power or function of a home rule unit, pursuant to paragraphs (g), (h), (i), (j), or (k) of Section 6 of Article VII of the Illinois Constitution, unless there is…”
Souza v. City of West Chicago (2021) illappct · cites it 2× “) 5 ILCS 70/7 (West 2018). ¶ 50 The court in Palm also noted that, in the Home Rule Note Act (25 ILCS 75/5 (West 2018)), the legislature provided that any bill seeking to limit home rule power must, before a second reading, include an explanation that reliably estimates the…”
American Health Care Providers, Inc. v. County of Cook (1994) illappct “” 5 ILCS 70/7 (West 1992). The above examination shows that the County need not abide by the competitive bidding requirements contained in the Counties Code, unless and until the General Assembly expresses a clear intent to limit or preempt the County’s home rule power.”
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