Full Text of SB2937 101st General Assembly
SB2937eng 101ST GENERAL ASSEMBLY |
| | SB2937 Engrossed | | LRB101 17862 CMG 67297 b |
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| 1 | | AN ACT concerning education.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The School Code is amended by adding Section | 5 | | 22-89 as follows: | 6 | | (105 ILCS 5/22-89 new) | 7 | | Sec. 22-89. School guidance counselor; gift ban. | 8 | | (a) In this Section: | 9 | | "Guidance counselor" means a person employed by a school | 10 | | district and working in a high school to offer students advice | 11 | | 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 | 17 | | father, mother, son, daughter, brother, sister, uncle, aunt, | 18 | | great-aunt, great-uncle, first cousin, nephew, niece, husband, | 19 | | wife, grandfather, grandmother, grandson, granddaughter, | 20 | | father-in-law, mother-in-law, son-in-law, daughter-in-law, | 21 | | brother-in-law, sister-in-law, stepfather, stepmother, | 22 | | stepson, stepdaughter, stepbrother, stepsister, half brother, | 23 | | or half sister or the father, mother, grandfather, or |
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| 1 | | grandmother of the individual's spouse or the individual's | 2 | | fiance or fiancee. | 3 | | (b) A guidance counselor may not intentionally solicit or | 4 | | accept any gift from a prohibited source or solicit or accept a | 5 | | gift that would be in violation of any federal or State statute | 6 | | or rule. A prohibited source may not intentionally offer or | 7 | | make a gift that violates this Section. | 8 | | (c) The prohibition in subsection (b) does not apply to any | 9 | | of the following: | 10 | | (1) Opportunities, benefits, and services that are | 11 | | available on the same conditions as for the general public. | 12 | | (2) Anything for which the guidance counselor pays the | 13 | | market value. | 14 | | (3) A gift from a relative. | 15 | | (4) Anything provided by an individual on the basis of | 16 | | a personal friendship, unless the guidance counselor has | 17 | | reason to believe that, under the circumstances, the gift | 18 | | was provided because of the official position or employment | 19 | | of the guidance counselor and not because of the personal | 20 | | friendship. In determining whether a gift is provided on | 21 | | the basis of personal friendship, the guidance counselor | 22 | | must consider the circumstances in which the gift was | 23 | | offered, including any of the following: | 24 | | (A) The history of the relationship between the | 25 | | individual giving the gift and the guidance counselor, | 26 | | including any previous exchange of gifts between those |
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| 1 | | individuals. | 2 | | (B) Whether, to the actual knowledge of the | 3 | | guidance counselor, the individual who gave the gift | 4 | | personally paid for the gift or sought a tax deduction | 5 | | or business reimbursement for the gift. | 6 | | (C) Whether, to the actual knowledge of the | 7 | | guidance counselor, the individual who gave the gift | 8 | | also, at the same time, gave the same or a similar gift | 9 | | to other school district employees. | 10 | | (5) Bequests, inheritances, or other transfers at | 11 | | death. | 12 | | (6) Any item or items from any one prohibited source | 13 | | during any calendar year having a cumulative total value of | 14 | | less than $100. | 15 | | Each exception listed under this subsection is mutually | 16 | | exclusive and independent of one another. | 17 | | (d) A guidance counselor is not in violation of this | 18 | | Section if he or she promptly takes reasonable action to return | 19 | | the gift to the prohibited source or donates the gift or an | 20 | | 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 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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