Bill Text: IL SB1640 | 2021-2022 | 102nd General Assembly | Chaptered

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Bill Title: Amends the School Code. Provides that a guidance counselor may not intentionally solicit or accept any gift from any prohibited source or solicit or accept a gift that would be in violation of any federal or State statute or rule, with exceptions; defines terms. Provides that a guidance counselor is not in violation of the prohibition 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 the Internal Revenue Code of 1986. Provides that a guidance counselor or prohibited source who intentionally violates the prohibition is guilty of a business offense and is subject to a fine of at least $1,001 and up to $5,000.

Sponsorship: Slight Partisan Bill (Republican 8-3)

Status: (Passed) 2021-08-06 - Public Act . . . . . . . . . 102-0327 [SB1640 Detail]

Download: Illinois-2021-SB1640-Chaptered.html

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Public Act 102-0327
SB1640 Enrolled LRB102 15328 CMG 20685 b
AN ACT concerning education.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The School Code is amended by adding Section
22-90 as follows:
(105 ILCS 5/22-90 new)
Sec. 22-90. School guidance counselor; gift ban.
(a) In this Section:
"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
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 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 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 guidance counselor has
reason to believe that, under the circumstances, the gift
was provided because of the official position or
employment of the guidance counselor and not because of
the personal friendship. In determining whether a gift is
provided on the basis of personal friendship, the 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 guidance counselor,

including any previous exchange of gifts between those
individuals.
(B) Whether, to the actual knowledge of the
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
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.
Each exception listed under this subsection is mutually
exclusive and independent of one another.
(d) A 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 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.