Illinois General Assembly - Full Text of SB1640
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Full Text of SB1640  102nd General Assembly




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1    AN ACT concerning education.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The School Code is amended by adding Section
522-90 as follows:
6    (105 ILCS 5/22-90 new)
7    Sec. 22-90. School guidance counselor; gift ban.
8    (a) In this Section:
9    "Guidance counselor" means a person employed by a school
10district and working in a high school to offer students advice
11and 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
17father, mother, son, daughter, brother, sister, uncle, aunt,
18great-aunt, great-uncle, first cousin, nephew, niece, husband,
19wife, grandfather, grandmother, grandson, granddaughter,
20father-in-law, mother-in-law, son-in-law, daughter-in-law,
21brother-in-law, sister-in-law, stepfather, stepmother,
22stepson, stepdaughter, stepbrother, stepsister, half brother,
23or half sister or the father, mother, grandfather, or



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1grandmother of the individual's spouse or the individual's
2fiance or fiancee.
3    (b) A guidance counselor may not intentionally solicit or
4accept any gift from a prohibited source or solicit or accept a
5gift that would be in violation of any federal or State statute
6or rule. A prohibited source may not intentionally offer or
7make a gift that violates this Section.
8    (c) The prohibition in subsection (b) does not apply to
9any of the following:
10        (1) Opportunities, benefits, and services that are
11    available on the same conditions as for the general
12    public.
13        (2) Anything for which the guidance counselor pays the
14    market value.
15        (3) A gift from a relative.
16        (4) Anything provided by an individual on the basis of
17    a personal friendship, unless the guidance counselor has
18    reason to believe that, under the circumstances, the gift
19    was provided because of the official position or
20    employment of the guidance counselor and not because of
21    the personal friendship. In determining whether a gift is
22    provided on the basis of personal friendship, the guidance
23    counselor must consider the circumstances in which the
24    gift was offered, including any of the following:
25            (A) The history of the relationship between the
26        individual giving the gift and the guidance counselor,



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1        including any previous exchange of gifts between those
2        individuals.
3            (B) Whether, to the actual knowledge of the
4        guidance counselor, the individual who gave the gift
5        personally paid for the gift or sought a tax deduction
6        or business reimbursement for the gift.
7            (C) Whether, to the actual knowledge of the
8        guidance counselor, the individual who gave the gift
9        also, at the same time, gave the same or a similar gift
10        to other school district employees.
11        (5) Bequests, inheritances, or other transfers at
12    death.
13        (6) Any item or items from any one prohibited source
14    during any calendar year having a cumulative total value
15    of less than $100.
16        (7) Promotional materials, including, but not limited
17    to, pens, pencils, banners, posters, and pennants.
18    Each exception listed under this subsection is mutually
19exclusive and independent of one another.
20    (d) A guidance counselor is not in violation of this
21Section if he or she promptly takes reasonable action to
22return the gift to the prohibited source or donates the gift or
23an amount equal to its value to an appropriate charity that is
24exempt from income taxation under Section 501(c)(3) of the
25Internal Revenue Code of 1986.
26    A guidance counselor or prohibited source who



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1intentionally violates this Section is guilty of a business
2offense and is subject to a fine of at least $1,001 and up to