Rep. Katie Stuart

Filed: 5/13/2024





10300SB3581ham002LRB103 37914 RJT 73057 a


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



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1(Source: P.A. 102-327, eff. 1-1-22; 102-813, eff. 5-13-22.)";
3on page 12, immediately below line 18, by inserting the
5    "Section 99. Effective date. This Act takes effect upon
6becoming law.".