§ 2-415. Future declaration of unconstitutionality of State Gift Ban Act.  


Latest version.
  • (a)

    If the state supreme court declares the State Gift Ban Act, 5 ILCS 425/1 et seq., unconstitutional in its entirety, then this division shall be repealed as of the date that the supreme court's decision becomes final and not subject to any further appeals or rehearings. This division shall be deemed repealed without further action by the corporate authorities of the village if the act is found unconstitutional by the state supreme court.

    (b)

    If the state 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 division, shall remain if full force and effect; however, that part of this division relating to the part of the act found unconstitutional shall be deemed repealed without further action by the corporate authorities of the village.

(Code 1974, § 12-105)