State Gift Ban Act

AN ORDINANCE OF THE VILLAGE OF KANSAS
PROHIBITING THE SOLICITATION AND
ACCEPTANCE OF GIFTS AND ADOPTING THE
STATE GIFT BAN ACT (5 ILCS 425/1 ET. Seq; P.A. 90-737)

WHEREAS, The General Assembly has enacted the State Gift Ban Act (P.A. 90-737; House Bill 672; 5 ILCS 425/1 et seq.), which became effective on January 1, 1999, and

WHEREAS, Section 83 of the Act (5 ILCS 425/83) provides in pertinent part:

Within 6 months after the effective date of this Act, units of local government, home rule units, and school districts shall prohibit the solicitation and acceptance of gifts, and shall enforce those prohibitions, in a manner substantially in accordance with the requirements of this Act and shall adopt provisions no less restrictive than the provisions of this Act.

WHEREAS, in preparing to meet the mandatory July 1, 1999, deadline, imposed by the Act, the President and Board of Trustees of the Village of Kansas, Illinois have determined that the Act contains several procedural and substantive defects and several ambiguities and inconsistencies which make compliance with the dictates of Section 83 of the Act difficult and perhaps impossible; and

WHEREAS, while the Illinois Municipal League has requested the General Assembly to amend and clarify the Act so Illinois municipalities may have clear guidance in bringing themselves into compliance with the Act, it has become apparent that a legislative response will not be provided prior to the deadline imposed by Section 83; and

WHEREAS, while the Illinois Municipal League has requested the General Assembly to amend and clarify the Act so Illinois municipalities may have clear guidance in bringing themselves into compliance with the Act, it has become apparent that a legislative response will not be provided prior to the deadline imposed by Section 83; and

WHEREAS, the Corporate Authorities of the Village of Kansas, Illinois, in an effort to comply with the action required by Section 83, hereby pass and approve this Ordinance to bring the Village of Kansas, Illinois in compliance with the dictates of the Act; and

WHEREAS, the corporate authorities of the Village of Kansas, Illinois strongly encourage the General Assembly to take immediate action to clarify the procedural and substantive provisions of the Act so elected and appointed officials and the employees of Illinois municipalities will have clear and unequivocal ethical procedures and rules that will control their conduct.

NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF KANSAS, ILLINOIS AS FOLLOWS:

SECTION 1: The Revised Code of Ordinances of the Village of Kansas, Illinois is hereby amended with the addition of the following provisions:

I. State Gift Ban Act

Sec. A-101. Adoption of Act.

(a) The State Gift Ban Act (5 ILCS 425 et. seq.) is hereby adopted as required by Section 83 of the Act (5 ILCS 425/83).

(b) The solicitation or the acceptance of gifts prohibited to be solicited or accepted under the Act is prohibited by any elected or appointed official or any employee of the Village. All non-salaried appointed or elected officials are exempted from the Act and the provisions of this Ordinance.

Sec. A-102. Ethics Officer.

To the extent authorized by law and to the extent required by Section 35 of the Act (5 ILCS 425/35), the Village President is appointed to serve as the “ethics officer” of the Village. The ethics officer’s duties shall be as provided in Section 35.

Sec. A-103. State Legislative Ethics Commission; Complaints.

All complaints for violations of the Act and this Ordinance shall be filed with the State Legislative Ethics Commission (created by Section 45 (a)(6) of the Act).

Sec. A-104. Reserved.

Sec. A-105. Future Amendments to State Gift Ban Act.

Any amendment to the State Gift Ban Act (5ILCS 425/1 et seq.) that becomes effective after the passage of this ordinance shall be incorporated in the Ordinance by reference and shall be applicable to the solicitation and acceptance of gifts. However, any amendment that makes its provisions optional for adoption by municipalities shall not be incorporated into this Ordinance be reference without formal action by the Corporate Authorities of the Village.

Sec. A-106. Future Declaration of Unconstitutionality of State Gift Ban Act.

(a) If the Illinois Supreme Court declares the State Gift Ban Act (5ILCS 425/1 et seq.) unconstitutional in its entirety, then this Ordinance shall be repealed as of the date that the Supreme Court’s decision becomes final and not subject to any further appeals or rehearing. The Ordinance shall be deemed repealed without further action by the Corporate Authorities of the Village of the Act if found unconstitutional by the Illinois Supreme Court.

(b) If the Illinois Supreme Court declares part of the State Gift Ban Act (5 ILCS
425/1 et seq.) unconstitutional but upholds the constitutionality of the remainder of the Act or does not address the remainder of the Act, then the remainder of the Act as adopted by this Ordinance shall remain in full force and effect; however, that part of this Ordinance relating to the part of the Act found unconstitutional shall be deemed repealed without further action by the corporate authorities of the Village.

Section 2: This Ordinance shall be in effect upon its passage, approval and publication as provided by law.

Ronald Lee Baker moved to the passage and adoption of this Ordinance on May 19,1999.

Seconded by Phillip Tribby.

Ordinance passed 05-19-1999.

Last Update: October 04, 2018