HB1204sam002 103RD GENERAL ASSEMBLY

Sen. Don Harmon

Filed: 5/25/2023

10300HB1204sam002 LRB103 05882 RJT 62501 a

AMENDMENT TO HOUSE BILL 1204

AMENDMENT NO. ______. Amend House Bill 1204, AS AMENDED, by replacing everything after the enacting clause with the following:

"Section 5. The School Code is amended by changing Section 22-93 as follows:

(105 ILCS 5/22-93)

Sec. 22-93. School guidance counselor; gift ban.

(a) In this Section:

"School Guidance counselor" means a person employed by a school district and working in a high school to offer students advice and assistance in making career or college plans.

"Prohibited source" means any person who is employed by an institution of higher education or is an agent or spouse of or an immediate family member living with a person employed by an institution of higher education.

"Relative" means an individual related to another as father, mother, son, daughter, brother, sister, uncle, aunt, great-aunt, great-uncle, first cousin, nephew, niece, husband, wife, grandfather, grandmother, grandson, granddaughter, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, or half sister or the father, mother, grandfather, or grandmother of the individual's spouse or the individual's fiance or fiancee.

(b) A school guidance counselor may not intentionally solicit or accept any gift from a prohibited source or solicit or accept a gift that would be in violation of any federal or State statute or rule. A prohibited source may not intentionally offer or make a gift that violates this Section.

(c) The prohibition in subsection (b) does not apply to any of the following:

(1) Opportunities, benefits, and services that are available on the same conditions as for the general public.

(2) Anything for which the school guidance counselor pays the market value.

(3) A gift from a relative.

(4) Anything provided by an individual on the basis of a personal friendship, unless the school guidance counselor has reason to believe that, under the circumstances, the gift was provided because of the official position or employment of the school guidance counselor and not because of the personal friendship. In determining whether a gift is provided on the basis of personal friendship, the school guidance counselor must consider the circumstances in which the gift was offered, including any of the following:

(A) The history of the relationship between the individual giving the gift and the school guidance counselor, including any previous exchange of gifts between those individuals.

(B) Whether, to the actual knowledge of the school guidance counselor, the individual who gave the gift personally paid for the gift or sought a tax deduction or business reimbursement for the gift.

(C) Whether, to the actual knowledge of the school guidance counselor, the individual who gave the gift also, at the same time, gave the same or a similar gift to other school district employees.

(5) Bequests, inheritances, or other transfers at death.

(6) Any item or items from any one prohibited source during any calendar year having a cumulative total value of less than $100.

(7) Promotional materials, including, but not limited to, pens, pencils, banners, posters, and pennants.

(8) Travel, lodging, food, and beverage costs incurred by the school counselor and paid by a institution of higher education for attendance by the school counselor of an educational or military program at the institution of higher education. Any costs paid for by a institution of higher education may not exceed the per diem rates for travel, gift, and car expenses set by the federal Internal Revenue Service and referenced in the Internal Revenue Service's Publication 463 or a successor publication. As used in this paragraph, "Institution of higher education" means any publicly or privately operated university, college, public community college, business, technical or vocational school, military academy, or other educational institution offering degrees and instruction beyond the secondary school level.

Each exception listed under this subsection is mutually exclusive and independent of one another.

(d) A school guidance counselor is not in violation of this Section if he or she promptly takes reasonable action to return the gift to the prohibited source or donates the gift or an amount equal to its value to an appropriate charity that is exempt from income taxation under Section 501(c)(3) of the Internal Revenue Code of 1986.

A school guidance counselor or prohibited source who intentionally violates this Section is guilty of a business offense and is subject to a fine of at least $1,001 and up to $5,000.

(Source: P.A. 102-327, eff. 1-1-22; 102-813, eff. 5-13-22.)

Section 99. Effective date. This Act takes effect upon becoming law.".