Bill Amendment: IL SB3581 | 2023-2024 | 103rd General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: HIGHER ED-REPORT ENROLL DATA

Status: 2024-08-09 - Public Act . . . . . . . . . 103-1020 [SB3581 Detail]

Download: Illinois-2023-SB3581-House_Amendment_001.html

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Rep. Katie Stuart

Filed: 4/30/2024

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AMENDMENT TO SENATE BILL 3581
AMENDMENT NO. ______. Amend Senate Bill 3581 on page 1,
immediately below line 3, by inserting the following:
"Section 5. The School Code is amended by changing Section
22-93 as follows:
(105 ILCS 5/22-93)
Sec. 22-93. School guidance counselor; gift ban.
(a) In this Section:
"School Guidance counselor" means a person employed by a
school district and working in a high school to offer students
advice and assistance in making career or college plans.
"Prohibited source" means any person who is employed by an
institution of higher education or is an agent or spouse of or
an immediate family member living with a person employed by an
institution of higher education.
"Relative" means an individual related to another as

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father, mother, son, daughter, brother, sister, uncle, aunt,
great-aunt, great-uncle, first cousin, nephew, niece, husband,
wife, grandfather, grandmother, grandson, granddaughter,
father-in-law, mother-in-law, son-in-law, daughter-in-law,
brother-in-law, sister-in-law, stepfather, stepmother,
stepson, stepdaughter, stepbrother, stepsister, half brother,
or half sister or the father, mother, grandfather, or
grandmother of the individual's spouse or the individual's
fiance or fiancee.
(b) A school guidance counselor may not intentionally
solicit or accept any gift from a prohibited source or solicit
or accept a gift that would be in violation of any federal or
State statute or rule. A prohibited source may not
intentionally offer or make a gift that violates this Section.
(c) The prohibition in subsection (b) does not apply to
any of the following:
(1) Opportunities, benefits, and services that are
available on the same conditions as for the general
public.
(2) Anything for which the school guidance counselor
pays the market value.
(3) A gift from a relative.
(4) Anything provided by an individual on the basis of
a personal friendship, unless the school guidance
counselor has reason to believe that, under the
circumstances, the gift was provided because of the

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official position or employment of the school guidance
counselor and not because of the personal friendship. In
determining whether a gift is provided on the basis of
personal friendship, the school guidance counselor must
consider the circumstances in which the gift was offered,
including any of the following:
(A) The history of the relationship between the
individual giving the gift and the school guidance
counselor, including any previous exchange of gifts
between those individuals.
(B) Whether, to the actual knowledge of the school
guidance counselor, the individual who gave the gift
personally paid for the gift or sought a tax deduction
or business reimbursement for the gift.
(C) Whether, to the actual knowledge of the school
guidance counselor, the individual who gave the gift
also, at the same time, gave the same or a similar gift
to other school district employees.
(5) Bequests, inheritances, or other transfers at
death.
(6) Any item or items from any one prohibited source
during any calendar year having a cumulative total value
of less than $100.
(7) Promotional materials, including, but not limited
to, pens, pencils, banners, posters, and pennants.
(8) Travel, lodging, food, and beverage costs incurred

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by the school counselor and paid by an institution of
higher education for attendance by the school counselor of
an educational or military program at the institution of
higher education. Any costs paid for by the institution of
higher education may not exceed the per diem rates for
travel, gift, and car expenses set by the federal Internal
Revenue Service and referenced in the Internal Revenue
Service's Publication 463 or a successor publication. As
used in this paragraph (8), "institution of higher
education" means any publicly or privately operated
university or college, public community college, business,
technical, or vocational school, military academy, or
other educational institution offering degrees and
instruction beyond the secondary school level.
Each exception listed under this subsection is mutually
exclusive and independent of one another.
(d) A school guidance counselor is not in violation of
this Section if he or she promptly takes reasonable action to
return the gift to the prohibited source or donates the gift or
an amount equal to its value to an appropriate charity that is
exempt from income taxation under Section 501(c)(3) of the
Internal Revenue Code of 1986.
A school guidance counselor or prohibited source who
intentionally violates this Section is guilty of a business
offense and is subject to a fine of at least $1,001 and up to
$5,000.

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(Source: P.A. 102-327, eff. 1-1-22; 102-813, eff. 5-13-22.)";
and
on page 1, line 4, by replacing "Section 5" with "Section 10";
and
on page 12, immediately below line 18, by inserting the
following: