Full Text of SB3581 103rd General Assembly
SB3581ham001 103RD GENERAL ASSEMBLY | Rep. Katie Stuart Filed: 4/30/2024 | | 10300SB3581ham001 | | LRB103 37914 RJT 72889 a |
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| 1 | | AMENDMENT TO SENATE BILL 3581
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3581 on page 1, | 3 | | immediately below line 3, by inserting the following: | 4 | | "Section 5. The School Code is amended by changing Section | 5 | | 22-93 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 | 10 | | school district and working in a high school to offer students | 11 | | advice and assistance in making career or college plans. | 12 | | "Prohibited source" means any person who is employed by an | 13 | | institution of higher education or is an agent or spouse of or | 14 | | an immediate family member living with a person employed by an | 15 | | institution of higher education. | 16 | | "Relative" means an individual related to another as |
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| 1 | | father, mother, son, daughter, brother, sister, uncle, aunt, | 2 | | great-aunt, great-uncle, first cousin, nephew, niece, husband, | 3 | | wife, grandfather, grandmother, grandson, granddaughter, | 4 | | father-in-law, mother-in-law, son-in-law, daughter-in-law, | 5 | | brother-in-law, sister-in-law, stepfather, stepmother, | 6 | | stepson, stepdaughter, stepbrother, stepsister, half brother, | 7 | | or half sister or the father, mother, grandfather, or | 8 | | grandmother of the individual's spouse or the individual's | 9 | | fiance or fiancee. | 10 | | (b) A school guidance counselor may not intentionally | 11 | | solicit or accept any gift from a prohibited source or solicit | 12 | | or accept a gift that would be in violation of any federal or | 13 | | State statute or rule. A prohibited source may not | 14 | | intentionally offer or make a gift that violates this Section. | 15 | | (c) The prohibition in subsection (b) does not apply to | 16 | | any 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 | 16 | | exclusive and independent of one another. | 17 | | (d) A school guidance counselor is not in violation of | 18 | | this Section if he or she promptly takes reasonable action to | 19 | | return the gift to the prohibited source or donates the gift or | 20 | | an amount equal to its value to an appropriate charity that is | 21 | | exempt from income taxation under Section 501(c)(3) of the | 22 | | Internal Revenue Code of 1986. | 23 | | A school guidance counselor or prohibited source who | 24 | | intentionally violates this Section is guilty of a business | 25 | | offense 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.)"; | 2 | | and | 3 | | on page 1, line 4, by replacing "Section 5" with "Section 10"; | 4 | | and | 5 | | on page 12, immediately below line 18, by inserting the | 6 | | following: | 7 | | "Section 99. Effective date. This Act takes effect upon | 8 | | becoming law.". |
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