Illinois General Assembly - Full Text of SB2937
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Full Text of SB2937  101st General Assembly

SB2937eng 101ST GENERAL ASSEMBLY

  
  
  

 


 
SB2937 EngrossedLRB101 17862 CMG 67297 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by adding Section
522-89 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
10district and working in a high school to offer students advice
11and 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
17father, mother, son, daughter, brother, sister, uncle, aunt,
18great-aunt, great-uncle, first cousin, nephew, niece, husband,
19wife, grandfather, grandmother, grandson, granddaughter,
20father-in-law, mother-in-law, son-in-law, daughter-in-law,
21brother-in-law, sister-in-law, stepfather, stepmother,
22stepson, stepdaughter, stepbrother, stepsister, half brother,
23or half sister or the father, mother, grandfather, or

 

 

SB2937 Engrossed- 2 -LRB101 17862 CMG 67297 b

1grandmother of the individual's spouse or the individual's
2fiance or fiancee.
3    (b) A guidance counselor may not intentionally solicit or
4accept any gift from a prohibited source or solicit or accept a
5gift that would be in violation of any federal or State statute
6or rule. A prohibited source may not intentionally offer or
7make a gift that violates this Section.
8    (c) The prohibition in subsection (b) does not apply to any
9of 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

 

 

SB2937 Engrossed- 3 -LRB101 17862 CMG 67297 b

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
16exclusive and independent of one another.
17    (d) A guidance counselor is not in violation of this
18Section if he or she promptly takes reasonable action to return
19the gift to the prohibited source or donates the gift or an
20amount 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 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
26$5,000.