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.".