Rep. Katie Stuart
Filed: 5/13/2024
 
 

 
 

 
10300SB3581ham002LRB103 37914 RJT 73057 a

1
AMENDMENT TO SENATE BILL 3581

2    AMENDMENT NO. ______. Amend Senate Bill 3581 on page 1, 
3immediately below line 3, by inserting the following:
 
4    "Section 3. The School Code is amended by changing Section 
522-93 as follows:
 
6    (105 ILCS 5/22-93)
7    Sec. 22-93. School guidance counselor; gift ban.
8    (a) In this Section:
9    "School Guidance counselor" means a person employed by a 
10school district and working in a high school to offer students 
11advice and assistance in making career or college plans.
12    "Prohibited source" means any person who is employed by an 
13institution of higher education or is an agent or spouse of or 
14an immediate family member living with a person employed by an 
15institution of higher education.
16    "Relative" means an individual related to another as 
 
 
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1father, mother, son, daughter, brother, sister, uncle, aunt, 
2great-aunt, great-uncle, first cousin, nephew, niece, husband, 
3wife, grandfather, grandmother, grandson, granddaughter, 
4father-in-law, mother-in-law, son-in-law, daughter-in-law, 
5brother-in-law, sister-in-law, stepfather, stepmother, 
6stepson, stepdaughter, stepbrother, stepsister, half brother, 
7or half sister or the father, mother, grandfather, or 
8grandmother of the individual's spouse or the individual's 
9fiance or fiancee.
10    (b) A school guidance counselor may not intentionally 
11solicit or accept any gift from a prohibited source or solicit 
12or accept a gift that would be in violation of any federal or 
13State statute or rule. A prohibited source may not 
14intentionally offer or make a gift that violates this Section.
15    (c) The prohibition in subsection (b) does not apply to 
16any of the following:
17        (1) Opportunities, benefits, and services that are 
18    available on the same conditions as for the general 
19    public.
20        (2) Anything for which the school guidance counselor 
21    pays the market value.
22        (3) A gift from a relative.
23        (4) Anything provided by an individual on the basis of 
24    a personal friendship, unless the school guidance 
25    counselor has reason to believe that, under the 
26    circumstances, the gift was provided because of the 
 
 
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1    official position or employment of the school guidance 
2    counselor and not because of the personal friendship. In 
3    determining whether a gift is provided on the basis of 
4    personal friendship, the school guidance counselor must 
5    consider the circumstances in which the gift was offered, 
6    including any of the following:
7            (A) The history of the relationship between the 
8        individual giving the gift and the school guidance 
9        counselor, including any previous exchange of gifts 
10        between those individuals.
11            (B) Whether, to the actual knowledge of the school 
12        guidance counselor, the individual who gave the gift 
13        personally paid for the gift or sought a tax deduction 
14        or business reimbursement for the gift.
15            (C) Whether, to the actual knowledge of the school 
16        guidance counselor, the individual who gave the gift 
17        also, at the same time, gave the same or a similar gift 
18        to other school district employees.
19        (5) Bequests, inheritances, or other transfers at 
20    death.
21        (6) Any item or items from any one prohibited source 
22    during any calendar year having a cumulative total value 
23    of less than $100.
24        (7) Promotional materials, including, but not limited 
25    to, pens, pencils, banners, posters, and pennants. 
26        (8) Travel, lodging, food, and beverage costs incurred 
 
 
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1    by the school counselor and paid by an institution of 
2    higher education for attendance by the school counselor of 
3    an educational or military program at the institution of 
4    higher education. Any costs paid for by the institution of 
5    higher education may not exceed the per diem rates for 
6    travel, gift, and car expenses set by the federal Internal 
7    Revenue Service and referenced in the Internal Revenue 
8    Service's Publication 463 or a successor publication. As 
9    used in this paragraph (8), "institution of higher 
10    education" means any publicly or privately operated 
11    university or college, public community college, business, 
12    technical, or vocational school, military academy, or 
13    other educational institution offering degrees and 
14    instruction beyond the secondary school level. 
15    Each exception listed under this subsection is mutually 
16exclusive and independent of one another.
17    (d) A school guidance counselor is not in violation of 
18this Section if he or she promptly takes reasonable action to 
19return the gift to the prohibited source or donates the gift or 
20an amount equal to its value to an appropriate charity that is 
21exempt from income taxation under Section 501(c)(3) of the 
22Internal Revenue Code of 1986.
23    A school guidance counselor or prohibited source who 
24intentionally violates this Section is guilty of a business 
25offense and is subject to a fine of at least $1,001 and up to 
26$5,000. 
 
 
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1(Source: P.A. 102-327, eff. 1-1-22; 102-813, eff. 5-13-22.)"; 
2and
 
3on page 12, immediately below line 18, by inserting the 
4following:
 
5    "Section 99. Effective date. This Act takes effect upon 
6becoming law.".