Sen. Don Harmon
Filed: 5/25/2023
 
 

 

 

 
10300HB1204sam002LRB103 05882 RJT 62501 a



1
AMENDMENT TO HOUSE BILL 1204




2    AMENDMENT NO. ______. Amend House Bill 1204, AS AMENDED, 
3by replacing everything after the enacting clause with the 
4following:


 
 
5    "Section 5. The School Code is amended  by changing Section 
622-93 as follows:
 
 

7    (105 ILCS 5/22-93)

 
8    Sec. 22-93. School guidance counselor; gift ban.
9    (a) In this Section:
10    "School Guidance counselor" means a person employed by a 
11school district and working in a high school to offer students 
12advice and assistance in making career or college plans.
13    "Prohibited source" means any person who is  employed by an 
14institution of higher education or is an agent or spouse of or 
15an  immediate family member living with a person employed by an 
16institution of higher education.
 
 
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1    "Relative" means an individual related to another as 
2father, mother, son, daughter, brother, sister, uncle, aunt, 
3great-aunt, great-uncle, first cousin, nephew, niece, husband, 
4wife, grandfather, grandmother, grandson, granddaughter, 
5father-in-law, mother-in-law, son-in-law, daughter-in-law, 
6brother-in-law, sister-in-law, stepfather, stepmother, 
7stepson, stepdaughter, stepbrother, stepsister, half brother, 
8or half sister or the father, mother, grandfather, or 
9grandmother of the individual's spouse or the individual's 
10fiance or fiancee.
11    (b) A school guidance counselor may not intentionally 
12solicit or accept any gift from a prohibited source or solicit 
13or accept a gift that would be in violation of any federal or 
14State statute or rule. A prohibited source may not 
15intentionally offer or make a gift that violates this Section.
16    (c) The prohibition in subsection (b) does not apply to 
17any of the following:
18        (1) Opportunities, benefits, and services that are 
19    available on the same conditions as for the general 
20    public.
21        (2) Anything for which the school guidance counselor 
22    pays the market value.
23        (3) A gift from a relative.
24        (4) Anything provided by an individual on the basis of 
25    a personal friendship, unless the school guidance 
26    counselor has reason to believe that, under the 
 
 
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1    circumstances, the gift was provided because of the 
2    official position or employment of the school guidance 
3    counselor and not because of the personal friendship. In 
4    determining whether a gift is provided on the basis of 
5    personal friendship, the school guidance counselor must 
6    consider the circumstances in which the gift was offered, 
7    including any of the following:
8            (A) The history of the relationship between the 
9        individual giving the gift and the school guidance 
10        counselor, including any previous exchange of gifts 
11        between those individuals.
12            (B) Whether, to the actual knowledge of the school 
13        guidance counselor, the individual who gave the gift 
14        personally paid for the gift or sought a tax deduction 
15        or business reimbursement for the gift.
16            (C) Whether, to the actual knowledge of the school 
17        guidance counselor, the individual who gave the gift 
18        also, at the same time, gave the same or a similar gift 
19        to other school district employees.
20        (5) Bequests, inheritances, or other transfers at 
21    death.
22        (6) Any item or items from any one prohibited source 
23    during any calendar year having a cumulative total value 
24    of less than $100.
25        (7) Promotional materials, including, but not limited 
26    to, pens, pencils, banners, posters, and pennants. 
 
 
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1        (8) Travel, lodging, food, and beverage costs incurred 
2    by the school counselor and paid by a institution of 
3    higher education for attendance by the school counselor of 
4    an educational or military program at the institution of 
5    higher education. Any costs paid for by a institution of 
6    higher education may not exceed the per diem rates for 
7    travel, gift, and car expenses set by the federal Internal 
8    Revenue Service and referenced in the Internal Revenue 
9    Service's Publication 463 or a successor publication. As 
10    used in this paragraph, "Institution of higher education" 
11    means any publicly or privately operated university, 
12    college, public community college, business, technical or 
13    vocational school, military academy, or other educational 
14    institution offering degrees and instruction beyond the 
15    secondary school level. 
16    Each exception listed under this subsection is mutually 
17exclusive and independent of one another.
18    (d) A school guidance counselor is not in violation of 
19this Section if he or she promptly takes reasonable action to 
20return the gift to the prohibited source or donates the gift or 
21an amount equal to its value to an appropriate charity that is 
22exempt from income taxation under Section 501(c)(3) of the 
23Internal Revenue Code of 1986.
24    A school guidance counselor or prohibited source who 
25intentionally violates this Section is guilty of a business 
26offense and is subject to a fine of at least $1,001 and up to 
 
 
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1$5,000. 

2(Source: P.A. 102-327, eff. 1-1-22; 102-813, eff. 5-13-22.)
  
 
 
3    Section 99. Effective date. This Act takes effect upon 
4becoming law.".