91st General Assembly
Summary of HB1464
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House Sponsors:
HANNIG.

Senate Sponsors:
DILLARD

Short description: 
LOC GOVT GIFT BAN                                                          

Synopsis of Bill as introduced:
        Creates the Local Gift Ban Act and amends the State Gift Ban Act.      
   Prohibits employees and elected and appointed officials  of  units  of      
   local  government  and  school districts from soliciting and accepting      
   gifts from entities having interests affected by the  actions  of  the      
   employees, the officials, the units of local government, or the school      
   districts.   Applies to an employee's or official's spouse and certain      
   other family members.  Exempts various categories of  gifts.   Permits      
   units  of  local  government  and school districts to designate ethics      
   officers. Permits units of local government and  school  districts  to      
   establish  ethics  commissions  to  consider  gift  ban complaints and      
   recommend disciplinary actions.  Permits units of local government and      
   school districts to share ethics  officers  and  commissions.    Makes      
   violation  of  the  Act  a business offense subject to a fine of up to      
   $5,000.  Permits an employee's or official's  ultimate  jurisdictional      
   authority  to  take  disciplinary  action  against him or her when the      
   employee or official has violated the Act or  is  the  subject  of  an      
   ethics  commission  recommendation. Preempts home rule.  Removes units      
   of local government and school districts from application of the State      
   Gift Ban Act. Effective July 1, 1999, except that changes in the State      
   Gift Ban Act take effect upon becoming law.                                 
        HOUSE AMENDMENT NO. 1.                                                 
          Deletes reference to:                                                
          5 ILCS 425/5                                                         
          5 ILCS 425/15                                                        
          5 ILCS 425/83 rep.                                                   
          5 ILCS 425/85 rep.                                                   
        Deletes all of the provisions of the bill except the short title.      
          JUDICIAL NOTE (Administrative Office of Illinois Courts)             
          There may be a minimal increase in judicial workloads; there         
          would be no increase in the number of judges needed.                 
        SENATE AMENDMENT NO. 1.                                                
          Adds reference to:                                                   
          5 ILCS 120/1.02                 from Ch. 102, par. 41.02             
          5 ILCS 140/7                    from Ch. 116, par. 207               
          5 ILCS 425/5                                                         
          5 ILCS 425/15                                                        
          5 ILCS 425/60                                                        
          5 ILCS 425/83 rep.                                                   
          5 ILCS 425/85 rep.                                                   
          30 ILCS 805/8.23 new                                                 
        Deletes everything.  Creates the Local Gift Ban  Act.   Prohibits      
   employees  and  elected  and  appointed  officials  of  units of local      
   government and school districts from soliciting  and  accepting  gifts      
   from  entities  having  interests  affected  by  the  actions  of  the      
   employees,  officials,  units, or districts.  Applies to an employee's      
   or official's  spouse  and  certain  other  family  members.   Exempts      
   various  categories  of gifts.  Requires units of local government and      
   school districts  to  each  designate  an  ethics  officer.   Requires      
   counties  to  establish  ethics  commissions  to  consider complaints.      
   Requires other units of  local  government  and  school  districts  to      
   either   establish   ethics  commissions  or  use  the  county  ethics      
   commission  to  consider  complaints.   Permits  each  unit  of  local      
   government and school district to determine the Act's applicability to      
   appointed and elected officials who are  non-salaried.   Provides  the      
   complaint  procedure  to  be  used by commissions and the disciplinary      
   measures the commissions may recommend, similar to those of the  State      
   Gift  Ban  Act.   Authorizes commissions to assess fines. Authorizes a      
   violating employee's or official's ultimate  jurisdictional  authority      
   to  take disciplinary action.  Makes violation a business offense with      
   a fine of up to $5,000.  Preempts home rule.  Amends the Open Meetings      
   Act, the Freedom of Information Act, and the  State  Mandates  Act  to      
   exempt  the  Act.   Amends  the  State Gift Ban Act to exempt units of      
   local government and school districts.  Effective immediately.              
        SENATE AMENDMENT NO. 2.                                                
        Requires, rather than permits, a  unit  of  local  government  or      
   school district that uses the county's ethics commission to enter into      
   intergovernmental agreements with the county for such operation.            
 
Last action on Bill: SESSION SINE DIE

   Last action date: 01-01-09

           Location: House

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   1     SENATE -   2


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