Full Text of HB1204 103rd General Assembly
HB1204sam002 103RD GENERAL ASSEMBLY | Sen. Don Harmon Filed: 5/25/2023
| | 10300HB1204sam002 | | LRB103 05882 RJT 62501 a |
|
| 1 | | AMENDMENT TO HOUSE BILL 1204
| 2 | | AMENDMENT NO. ______. Amend House Bill 1204, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The School Code is amended by changing Section | 6 | | 22-93 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 | 11 | | school district and working in a high school to offer students | 12 | | advice and assistance in making career or college plans. | 13 | | "Prohibited source" means any person who is employed by an | 14 | | institution of higher education or is an agent or spouse of or | 15 | | an immediate family member living with a person employed by an | 16 | | institution of higher education. |
| | | 10300HB1204sam002 | - 2 - | LRB103 05882 RJT 62501 a |
|
| 1 | | "Relative" means an individual related to another as | 2 | | father, mother, son, daughter, brother, sister, uncle, aunt, | 3 | | great-aunt, great-uncle, first cousin, nephew, niece, husband, | 4 | | wife, grandfather, grandmother, grandson, granddaughter, | 5 | | father-in-law, mother-in-law, son-in-law, daughter-in-law, | 6 | | brother-in-law, sister-in-law, stepfather, stepmother, | 7 | | stepson, stepdaughter, stepbrother, stepsister, half brother, | 8 | | or half sister or the father, mother, grandfather, or | 9 | | grandmother of the individual's spouse or the individual's | 10 | | fiance or fiancee. | 11 | | (b) A school guidance counselor may not intentionally | 12 | | solicit or accept any gift from a prohibited source or solicit | 13 | | or accept a gift that would be in violation of any federal or | 14 | | State statute or rule. A prohibited source may not | 15 | | intentionally offer or make a gift that violates this Section. | 16 | | (c) The prohibition in subsection (b) does not apply to | 17 | | any 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 |
| | | 10300HB1204sam002 | - 3 - | LRB103 05882 RJT 62501 a |
|
| 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. |
| | | 10300HB1204sam002 | - 4 - | LRB103 05882 RJT 62501 a |
|
| 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 | 17 | | exclusive and independent of one another. | 18 | | (d) A school guidance counselor is not in violation of | 19 | | this Section if he or she promptly takes reasonable action to | 20 | | return the gift to the prohibited source or donates the gift or | 21 | | an amount equal to its value to an appropriate charity that is | 22 | | exempt from income taxation under Section 501(c)(3) of the | 23 | | Internal Revenue Code of 1986. | 24 | | A school guidance counselor or prohibited source who | 25 | | intentionally violates this Section is guilty of a business | 26 | | offense and is subject to a fine of at least $1,001 and up to |
| | | 10300HB1204sam002 | - 5 - | LRB103 05882 RJT 62501 a |
|
| 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 | 4 | | becoming law.".
|
|