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92_HB3069enr HB3069 Enrolled LRB9203207MWpk 1 AN ACT concerning local governments. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Counties Code is amended by adding 5 Section 3-14002.5 as follows: 6 (55 ILCS 5/3-14002.5 new) 7 Sec. 3-14002.5. Power to deduct wages for debts. 8 (a) Upon receipt of notice from the comptroller of a 9 municipality with a population of 500,000 or more, the Cook 10 County Forest Preserve District, the Chicago Park District, 11 the Metropolitan Water Reclamation District, the Chicago 12 Board of Education, or a housing authority of a municipality 13 with a population of 500,000 or more that a debt is due and 14 owing the municipality, the Cook County Forest Preserve 15 District, the Chicago Park District, the Metropolitan Water 16 Reclamation District, the Chicago Transit Authority, the 17 Chicago Board of Education, or the housing authority by an 18 employee of a county with a population of 3,000,000 or more, 19 the county may withhold, from the compensation of that 20 employee, the amount of the debt that is due and owing and 21 pay the amount withheld to the municipality, the Cook County 22 Forest Preserve District, the Chicago Park District, the 23 Metropolitan Water Reclamation District, the Chicago Transit 24 Authority, the Chicago Board of Education, or the housing 25 authority; provided, however, that the amount deducted from 26 any one salary or wage payment shall not exceed 25% of the 27 net amount of the payment. 28 (b) Before the county deducts any amount from any salary 29 or wage of an employee under this Section, the municipality, 30 the Cook County Forest Preserve District, the Chicago Park 31 District, the Metropolitan Water Reclamation District, the HB3069 Enrolled -2- LRB9203207MWpk 1 Chicago Transit Authority, the Chicago Board of Education, or 2 the housing authority shall certify that (i) the employee 3 has been afforded an opportunity for a hearing to dispute the 4 debt that is due and owing the municipality, the Cook County 5 Forest Preserve District, the Chicago Park District, the 6 Metropolitan Water Reclamation District, the Chicago Transit 7 Authority, the Chicago Board of Education, or the housing 8 authority and (ii) the employee has received notice of a wage 9 deduction order and has been afforded an opportunity for a 10 hearing to object to the order. 11 (c) For purposes of this Section: 12 (1) "Net amount" means that part of the salary or 13 wage payment remaining after the deduction of any amounts 14 required by law to be deducted. 15 (2) "Debt due and owing" means (i) a specified sum 16 of money owed to the municipality, the Cook County Forest 17 Preserve District, the Chicago Park District, the 18 Metropolitan Water Reclamation District, the Chicago 19 Transit Authority, the Chicago Board of Education, or the 20 housing authority for services, work, or goods, after the 21 period granted for payment has expired, or (ii) a 22 specified sum of money owed to the municipality, the Cook 23 County Forest Preserve District, the Chicago Park 24 District, the Metropolitan Water Reclamation District, 25 the Chicago Transit Authority, the Chicago Board of 26 Education, or the housing authority pursuant to a court 27 order or order of an administrative hearing officer after 28 the exhaustion of, or the failure to exhaust, judicial 29 review. 30 (d) Nothing in this Section is intended to affect the 31 power of a county to withhold the amount of any debt that is 32 due and owing the county by any of its employees. 33 Section 10. The Illinois Municipal Code is amended by HB3069 Enrolled -3- LRB9203207MWpk 1 adding Section 10-4-8 as follows: 2 (65 ILCS 5/10-4-8 new) 3 Sec. 10-4-8. Power to deduct wages for debts. 4 (a) Upon receipt of notice from the comptroller of a 5 county with a population of 3,000,000 or more, the Cook 6 County Forest Preserve District, the Chicago Park District, 7 the Metropolitan Water Reclamation District, the Chicago 8 Board of Education, or a housing authority of a municipality 9 with a population of 500,000 or more that a debt is due and 10 owing the county, the Cook County Forest Preserve District, 11 the Chicago Park District, the Metropolitan Water Reclamation 12 District, the Chicago Transit Authority, the Chicago Board of 13 Education, or the housing authority by an employee of a 14 municipality with a population of 500,000 or more, the 15 municipality may withhold, from the compensation of that 16 employee, the amount of the debt that is due and owing and 17 pay the amount withheld to the county, the Cook County Forest 18 Preserve District, the Chicago Park District, the 19 Metropolitan Water Reclamation District, the Chicago Transit 20 Authority, the Chicago Board of Education, or the housing 21 authority; provided, however that the amount deducted from 22 any one salary or wage payment shall not exceed 25% of the 23 net amount of the payment. 24 (b) Before the municipality deducts any amount from any 25 salary or wage of an employee under this Section, the county, 26 the Cook County Forest Preserve District, the Chicago Park 27 District, the Metropolitan Water Reclamation District, the 28 Chicago Transit Authority, the Chicago Board of Education, or 29 the housing authority shall certify that (i) the employee 30 has been afforded an opportunity for a hearing to dispute the 31 debt that is due and owing the county, the Cook County Forest 32 Preserve District, the Chicago Park District, the 33 Metropolitan Water Reclamation District, the Chicago Transit HB3069 Enrolled -4- LRB9203207MWpk 1 Authority, the Chicago Board of Education, or the housing 2 authority and (ii) the employee has received notice of a 3 wage deduction order and has been afforded an opportunity for 4 a hearing to object to the order. 5 (c) For purposes of this Section: 6 (1) "Net amount" means the part of the salary or 7 wage payment remaining after the deduction of any amounts 8 required by law to be deducted. 9 (2) "Debt due and owing" means (i) a specified sum 10 of money owed to the county, the Cook County Forest 11 Preserve District, the Chicago Park District, the 12 Metropolitan Water Reclamation District, the Chicago 13 Transit Authority, the Chicago Board of Education, or the 14 housing authority for services, work, or goods, after the 15 period granted for payment has expired, or (ii) a 16 specified sum of money owed to the county, the Cook 17 County Forest Preserve District, the Chicago Park 18 District, the Metropolitan Water Reclamation District, 19 the Chicago Transit Authority, the Chicago Board of 20 Education, or the housing authority pursuant to a court 21 order or order of an administrative hearing officer after 22 the exhaustion of, or the failure to exhaust, judicial 23 review. 24 (d) Nothing in this Section is intended to affect the 25 power of a municipality to withhold the amount of any debt 26 that is due and owing the municipality by any of its 27 employees. 28 Section 15. The Cook County Forest Preserve District Act 29 is amended by adding Section 17.5 as follows: 30 (70 ILCS 810/17.5 new) 31 Sec. 17.5. Power to deduct wages for debts. 32 (a) Upon receipt of notice from the comptroller of a HB3069 Enrolled -5- LRB9203207MWpk 1 municipality with a population of 500,000 or more, a county 2 with a population of 3,000,000 or more, the Chicago Park 3 District, the Metropolitan Water Reclamation District, the 4 Chicago Transit Authority, the Chicago Board of Education, or 5 a housing authority of a municipality with a population of 6 500,000 or more that a debt is due and owing the 7 municipality, the county, the Chicago Park District, the 8 Metropolitan Water Reclamation District, the Chicago Transit 9 Authority, the Chicago Board of Education, or the housing 10 authority by an employee of the District, the District may 11 withhold, from the compensation of that employee, the amount 12 of the debt that is due and owing and pay the amount withheld 13 to the municipality, the county, the Chicago Park District, 14 the Metropolitan Water Reclamation District, the Chicago 15 Transit Authority, the Chicago Board of Education, or the 16 housing authority; provided, however, that the amount 17 deducted from any one salary or wage payment shall not exceed 18 25% of the net amount of the payment. 19 (b) Before the District deducts any amount from any 20 salary or wage of an employee under this Section, the 21 municipality, the county, the Chicago Park District, the 22 Metropolitan Water Reclamation District, the Chicago Transit 23 Authority, the Chicago Board of Education, or the housing 24 authority shall certify that (i) the employee has been 25 afforded an opportunity for a hearing to dispute the debt 26 that is due and owing the municipality, the county, the 27 Chicago Park District, the Metropolitan Water Reclamation 28 District, the Chicago Transit Authority, the Chicago Board of 29 Education, or the housing authority and (ii) the employee 30 has received notice of a wage deduction order and has been 31 afforded an opportunity for a hearing to object to the order. 32 (c) For purposes of this Section: 33 (1) "Net amount" means that part of the salary or 34 wage payment remaining after the deduction of any amounts HB3069 Enrolled -6- LRB9203207MWpk 1 required by law to be deducted. 2 (2) "Debt due and owing" means (i) a specified sum 3 of money owed to the municipality, the county, the 4 Chicago Park District, the Metropolitan Water Reclamation 5 District, the Chicago Transit Authority, the Chicago 6 Board of Education, or the housing authority for 7 services, work, or goods, after the period granted for 8 payment has expired, or (ii) a specified sum of money 9 owed to the municipality, the county, the Chicago Park 10 District, the Metropolitan Water Reclamation District, 11 the Chicago Transit Authority, the Chicago Board of 12 Education, or the housing authority pursuant to a court 13 order or order of an administrative hearing officer after 14 the exhaustion of, or the failure to exhaust, judicial 15 review. 16 Section 17. The Chicago Park District Act is amended by 17 changing Section 16b as follows: 18 (70 ILCS 1505/16b) 19 Sec. 16b. Power to deduct wages formunicipaldebts. 20 Upon receipt of notice from the comptroller of a municipality 21 with a population of 500,000 or more, a county with a 22 population of 3,000,000 or more, the Cook County Forest 23 Preserve District, the Metropolitan Water Reclamation 24 District, the Chicago Transit Authority, the Chicago Board of 25 Education, or a housing authority of a municipality with a 26 population of 500,000 or more that a debt is due and owing 27 the municipality, the county, the Cook County Forest Preserve 28 District, the Metropolitan Water Reclamation District, the 29 Chicago Transit Authority, the Chicago Board of Education, or 30 the housing authority by an employee of the Chicago Park 31 District, the District may withhold, from the compensation of 32 that employee, the amount of the debt that is due and owing HB3069 Enrolled -7- LRB9203207MWpk 1 and pay the amount withheld to the municipality, the county, 2 the Cook County Forest Preserve District, the Metropolitan 3 Water Reclamation District, the Chicago Transit Authority, 4 the Chicago Board of Education, or the housing authority; 5 provided, however, that the amount deducted from any one 6 salary or wage payment shall not exceed 25% of the net amount 7 of the payment. Before the District deducts any amount from 8 any salary or wage of an employee under this Section, the 9 municipality, the county, the Cook County Forest Preserve 10 District, the Metropolitan Water Reclamation District, the 11 Chicago Transit Authority, the Chicago Board of Education, or 12 the housing authority shall certify that (i) the employee has 13 been afforded an opportunity for a hearing to dispute the 14 debt that is due and owing the municipality, the county, the 15 Cook County Forest Preserve District, the Metropolitan Water 16 Reclamation District, the Chicago Transit Authority, the 17 Chicago Board of Education, or the housing authority and (ii) 18 the employee has received notice of a wage deduction order 19 and has been afforded an opportunity for a hearing to object 20 to the order. For purposes of this Section, "net amount" 21 means that part of the salary or wage payment remaining after 22 the deduction of any amounts required by law to be deducted 23 and "debt due and owing" means (i) a specified sum of money 24 owed to the municipality, the county, the Cook County Forest 25 Preserve District, the Metropolitan Water Reclamation 26 District, the Chicago Transit Authority, the Chicago Board of 27 Education, or the housing authority forcityservices, work, 28 or goods, after the period granted for payment has expired, 29 or (ii) a specified sum of money owed to the municipality, 30 the county, the Cook County Forest Preserve District, the 31 Metropolitan Water Reclamation District, the Chicago Transit 32 Authority, the Chicago Board of Education, or the housing 33 authority pursuant to a court order or order of an 34 administrative hearing officer after the exhaustion of, or HB3069 Enrolled -8- LRB9203207MWpk 1 the failure to exhaust, judicial review. 2 (Source: P.A. 90-22, eff. 6-20-97.) 3 Section 20. The Metropolitan Water Reclamation District 4 Act is amended by adding Section 4.39 as follows: 5 (70 ILCS 2605/4.39 new) 6 Sec. 4.39. Power to deduct wages for debts. 7 (a) Upon receipt of notice from the comptroller of a 8 municipality with a population of 500,000 or more, a county 9 with a population of 3,000,000 or more, the Chicago Park 10 District, the Metropolitan Water Reclamation District, the 11 Chicago Transit Authority, the Chicago Board of Education, or 12 a housing authority of a municipality with a population of 13 500,000 or more that a debt is due and owing the 14 municipality, the county, the Cook County Forest Preserve 15 District, the Chicago Park District, the Chicago Transit 16 Authority, the Chicago Board of Education, or the housing 17 authority by an employee of the District, the District may 18 withhold, from the compensation of that employee, the amount 19 of the debt that is due and owing and pay the amount withheld 20 to the municipality, the county, the Cook County Forest 21 Preserve District, the Chicago Park District, the Chicago 22 Transit Authority, the Chicago Board of Education, or the 23 housing authority; provided, however, that the amount 24 deducted from any one salary or wage payment shall not exceed 25 25% of the net amount of the payment. 26 (b) Before the District deducts any amount from any 27 salary or wage of an employee under this Section, the 28 municipality, the county, the Cook County Forest Preserve 29 District, the Chicago Park District, the Chicago Transit 30 Authority, the Chicago Board of Education, or the housing 31 authority shall certify that (i) the employee has been 32 afforded an opportunity for a hearing to dispute the debt HB3069 Enrolled -9- LRB9203207MWpk 1 that is due and owing the municipality, the county, the Cook 2 County Forest Preserve District, the Chicago Park District, 3 the Chicago Transit Authority, the Chicago Board of 4 Education, or the housing authority and (ii) the employee 5 has received notice of a wage deduction order and has been 6 afforded an opportunity for a hearing to object to the order. 7 (c) For purposes of this Section: 8 (1) "Net amount" means that part of the salary or 9 wage payment remaining after the deduction of any amounts 10 required by law to be deducted. 11 (2) "Debt due and owing" means (i) a specified sum 12 of money owed to the municipality, the county, the Cook 13 County Forest Preserve District, the Chicago Park 14 District, the Chicago Transit Authority, the Chicago 15 Board of Education, or the housing authority for 16 services, work, or goods, after the period granted for 17 payment has expired, or (ii) a specified sum of money 18 owed to the municipality, the county, the Cook County 19 Forest Preserve District, the Chicago Park District, the 20 Chicago Transit Authority, the Chicago Board of 21 Education, or the housing authority pursuant to a court 22 order or order of an administrative hearing officer after 23 the exhaustion of, or the failure to exhaust, judicial 24 review. 25 Section 22. The Metropolitan Transit Authority Act is 26 amended by changing Section 28c as follows: 27 (70 ILCS 3605/28c) 28 Sec. 28c. Power to deduct wages formunicipaldebts. 29 Upon receipt of notice from the comptroller of a municipality 30 with a population of 500,000 or more, a county with a 31 population of 3,000,000 or more, the Cook County Forest 32 Preserve District, the Chicago Park District, the HB3069 Enrolled -10- LRB9203207MWpk 1 Metropolitan Water Reclamation District, the Chicago Board of 2 Education, or a housing authority of a municipality with a 3 population of 500,000 or more that a debt is due and owing 4 the municipality, the county, the Cook County Forest Preserve 5 District, the Chicago Park District, the Metropolitan Water 6 Reclamation District, the Chicago Board of Education, or the 7 housing authority by an employee of the Authority, the 8 Authority may withhold, from the compensation of that 9 employee, the amount of the debt that is due and owing and 10 pay the amount withheld to the municipality, the county, the 11 Cook County Forest Preserve District, the Chicago Park 12 District, the Metropolitan Water Reclamation District, the 13 Chicago Board of Education, or the housing authority; 14 provided, however, that the amount deducted from any one 15 salary or wage payment shall not exceed 25% of the net amount 16 of the payment. Before the Authority deducts any amount from 17 any salary or wage of an employee under this Section, the 18 municipality, the county, the Cook County Forest Preserve 19 District, the Chicago Park District, the Metropolitan Water 20 Reclamation District, the Chicago Board of Education, or the 21 housing authority shall certify that (i) the employee has 22 been afforded an opportunity for a hearing to dispute the 23 debt that is due and owing the municipality, the county, the 24 Cook County Forest Preserve District, the Chicago Park 25 District, the Metropolitan Water Reclamation District, the 26 Chicago Board of Education, or the housing authority and (ii) 27 the employee has received notice of a wage deduction order 28 and has been afforded an opportunity for a hearing to object 29 to the order. For purposes of this Section, "net amount" 30 means that part of the salary or wage payment remaining after 31 the deduction of any amounts required by law to be deducted 32 and "debt due and owing" means (i) a specified sum of money 33 owed to the municipality, the county, the Cook County Forest 34 Preserve District, the Chicago Park District, the HB3069 Enrolled -11- LRB9203207MWpk 1 Metropolitan Water Reclamation District, the Chicago Board of 2 Education, or the housing authority forcityservices, work, 3 or goods, after the period granted for payment has expired, 4 or (ii) a specified sum of money owed to the municipality, 5 the county, the Cook County Forest Preserve District, the 6 Chicago Park District, the Metropolitan Water Reclamation 7 District, the Chicago Board of Education, or the housing 8 authority pursuant to a court order or order of an 9 administrative hearing officer after the exhaustion of, or 10 the failure to exhaust, judicial review. 11 (Source: P.A. 90-22, eff. 6-20-97.) 12 Section 23. The School Code is amended by changing 13 Section 34-18 as follows: 14 (105 ILCS 5/34-18) (from Ch. 122, par. 34-18) 15 Sec. 34-18. Powers of the board. The board shall 16 exercise general supervision and jurisdiction over the public 17 education and the public school system of the city, and, 18 except as otherwise provided by this Article, shall have 19 power: 20 1. To make suitable provision for the establishment 21 and maintenance throughout the year or for such portion 22 thereof as it may direct, not less than 9 months, of 23 schools of all grades and kinds, including normal 24 schools, high schools, night schools, schools for 25 defectives and delinquents, parental and truant schools, 26 schools for the blind, the deaf and the crippled, schools 27 or classes in manual training, constructural and 28 vocational teaching, domestic arts and physical culture, 29 vocation and extension schools and lecture courses, and 30 all other educational courses and facilities, including 31 establishing, equipping, maintaining and operating 32 playgrounds and recreational programs, when such programs HB3069 Enrolled -12- LRB9203207MWpk 1 are conducted in, adjacent to, or connected with any 2 public school under the general supervision and 3 jurisdiction of the board; provided, however, that in 4 allocating funds from year to year for the operation of 5 all attendance centers within the district, the board 6 shall ensure that supplemental general State aid funds 7 are allocated and applied in accordance with Section 18-8 8 or 18-8.05. To admit to such schools without charge 9 foreign exchange students who are participants in an 10 organized exchange student program which is authorized by 11 the board. The board shall permit all students to enroll 12 in apprenticeship programs in trade schools operated by 13 the board, whether those programs are union-sponsored or 14 not. No student shall be refused admission into or be 15 excluded from any course of instruction offered in the 16 common schools by reason of that student's sex. No 17 student shall be denied equal access to physical 18 education and interscholastic athletic programs supported 19 from school district funds or denied participation in 20 comparable physical education and athletic programs 21 solely by reason of the student's sex. Equal access to 22 programs supported from school district funds and 23 comparable programs will be defined in rules promulgated 24 by the State Board of Education in consultation with the 25 Illinois High School Association. Notwithstanding any 26 other provision of this Article, neither the board of 27 education nor any local school council or other school 28 official shall recommend that children with disabilities 29 be placed into regular education classrooms unless those 30 children with disabilities are provided with 31 supplementary services to assist them so that they 32 benefit from the regular classroom instruction and are 33 included on the teacher's regular education class 34 register; HB3069 Enrolled -13- LRB9203207MWpk 1 2. To furnish lunches to pupils, to make a 2 reasonable charge therefor, and to use school funds for 3 the payment of such expenses as the board may determine 4 are necessary in conducting the school lunch program; 5 3. To co-operate with the circuit court; 6 4. To make arrangements with the public or 7 quasi-public libraries and museums for the use of their 8 facilities by teachers and pupils of the public schools; 9 5. To employ dentists and prescribe their duties 10 for the purpose of treating the pupils in the schools, 11 but accepting such treatment shall be optional with 12 parents or guardians; 13 6. To grant the use of assembly halls and 14 classrooms when not otherwise needed, including light, 15 heat, and attendants, for free public lectures, concerts, 16 and other educational and social interests, free of 17 charge, under such provisions and control as the 18 principal of the affected attendance center may 19 prescribe; 20 7. To apportion the pupils to the several schools; 21 provided that no pupil shall be excluded from or 22 segregated in any such school on account of his color, 23 race, sex, or nationality. The board shall take into 24 consideration the prevention of segregation and the 25 elimination of separation of children in public schools 26 because of color, race, sex, or nationality. Except that 27 children may be committed to or attend parental and 28 social adjustment schools established and maintained 29 either for boys or girls only. All records pertaining to 30 the creation, alteration or revision of attendance areas 31 shall be open to the public. Nothing herein shall limit 32 the board's authority to establish multi-area attendance 33 centers or other student assignment systems for 34 desegregation purposes or otherwise, and to apportion the HB3069 Enrolled -14- LRB9203207MWpk 1 pupils to the several schools. Furthermore, beginning in 2 school year 1994-95, pursuant to a board plan adopted by 3 October 1, 1993, the board shall offer, commencing on a 4 phased-in basis, the opportunity for families within the 5 school district to apply for enrollment of their children 6 in any attendance center within the school district which 7 does not have selective admission requirements approved 8 by the board. The appropriate geographical area in which 9 such open enrollment may be exercised shall be determined 10 by the board of education. Such children may be admitted 11 to any such attendance center on a space available basis 12 after all children residing within such attendance 13 center's area have been accommodated. If the number of 14 applicants from outside the attendance area exceed the 15 space available, then successful applicants shall be 16 selected by lottery. The board of education's open 17 enrollment plan must include provisions that allow low 18 income students to have access to transportation needed 19 to exercise school choice. Open enrollment shall be in 20 compliance with the provisions of the Consent Decree and 21 Desegregation Plan cited in Section 34-1.01; 22 8. To approve programs and policies for providing 23 transportation services to students. Nothing herein shall 24 be construed to permit or empower the State Board of 25 Education to order, mandate, or require busing or other 26 transportation of pupils for the purpose of achieving 27 racial balance in any school; 28 9. Subject to the limitations in this Article, to 29 establish and approve system-wide curriculum objectives 30 and standards, including graduation standards, which 31 reflect the multi-cultural diversity in the city and are 32 consistent with State law, provided that for all purposes 33 of this Article courses or proficiency in American Sign 34 Language shall be deemed to constitute courses or HB3069 Enrolled -15- LRB9203207MWpk 1 proficiency in a foreign language; and to employ 2 principals and teachers, appointed as provided in this 3 Article, and fix their compensation. The board shall 4 prepare such reports related to minimal competency 5 testing as may be requested by the State Board of 6 Education, and in addition shall monitor and approve 7 special education and bilingual education programs and 8 policies within the district to assure that appropriate 9 services are provided in accordance with applicable State 10 and federal laws to children requiring services and 11 education in those areas; 12 10. To employ non-teaching personnel or utilize 13 volunteer personnel for: (i) non-teaching duties not 14 requiring instructional judgment or evaluation of pupils, 15 including library duties; and (ii) supervising study 16 halls, long distance teaching reception areas used 17 incident to instructional programs transmitted by 18 electronic media such as computers, video, and audio, 19 detention and discipline areas, and school-sponsored 20 extracurricular activities. The board may further utilize 21 volunteer non-certificated personnel or employ 22 non-certificated personnel to assist in the instruction 23 of pupils under the immediate supervision of a teacher 24 holding a valid certificate, directly engaged in teaching 25 subject matter or conducting activities; provided that 26 the teacher shall be continuously aware of the 27 non-certificated persons' activities and shall be able to 28 control or modify them. The general superintendent shall 29 determine qualifications of such personnel and shall 30 prescribe rules for determining the duties and activities 31 to be assigned to such personnel; 32 11. To provide television studio facilities in not 33 to exceed one school building and to provide programs for 34 educational purposes, provided, however, that the board HB3069 Enrolled -16- LRB9203207MWpk 1 shall not construct, acquire, operate, or maintain a 2 television transmitter; to grant the use of its studio 3 facilities to a licensed television station located in 4 the school district; and to maintain and operate not to 5 exceed one school radio transmitting station and provide 6 programs for educational purposes; 7 12. To offer, if deemed appropriate, outdoor 8 education courses, including field trips within the State 9 of Illinois, or adjacent states, and to use school 10 educational funds for the expense of the said outdoor 11 educational programs, whether within the school district 12 or not; 13 13. During that period of the calendar year not 14 embraced within the regular school term, to provide and 15 conduct courses in subject matters normally embraced in 16 the program of the schools during the regular school term 17 and to give regular school credit for satisfactory 18 completion by the student of such courses as may be 19 approved for credit by the State Board of Education; 20 14. To insure against any loss or liability of the 21 board, the former School Board Nominating Commission, 22 Local School Councils, the Chicago Schools Academic 23 Accountability Council, or the former Subdistrict 24 Councils or of any member, officer, agent or employee 25 thereof, resulting from alleged violations of civil 26 rights arising from incidents occurring on or after 27 September 5, 1967 or from the wrongful or negligent act 28 or omission of any such person whether occurring within 29 or without the school premises, provided the officer, 30 agent or employee was, at the time of the alleged 31 violation of civil rights or wrongful act or omission, 32 acting within the scope of his employment or under 33 direction of the board, the former School Board 34 Nominating Commission, the Chicago Schools Academic HB3069 Enrolled -17- LRB9203207MWpk 1 Accountability Council, Local School Councils, or the 2 former Subdistrict Councils; and to provide for or 3 participate in insurance plans for its officers and 4 employees, including but not limited to retirement 5 annuities, medical, surgical and hospitalization benefits 6 in such types and amounts as may be determined by the 7 board; provided, however, that the board shall contract 8 for such insurance only with an insurance company 9 authorized to do business in this State. Such insurance 10 may include provision for employees who rely on treatment 11 by prayer or spiritual means alone for healing, in 12 accordance with the tenets and practice of a recognized 13 religious denomination; 14 15. To contract with the corporate authorities of 15 any municipality or the county board of any county, as 16 the case may be, to provide for the regulation of traffic 17 in parking areas of property used for school purposes, in 18 such manner as is provided by Section 11-209 of The 19 Illinois Vehicle Code, approved September 29, 1969, as 20 amended; 21 16. To provide, on an equal basis, access to the 22 school campus to the official recruiting representatives 23 of the armed forces of Illinois and the United States for 24 the purposes of informing students of the educational and 25 career opportunities available in the military if the 26 board has provided such access to persons or groups whose 27 purpose is to acquaint students with educational or 28 occupational opportunities available to them. The board 29 is not required to give greater notice regarding the 30 right of access to recruiting representatives than is 31 given to other persons and groups; 32 17. (a) To sell or market any computer program 33 developed by an employee of the school district, provided 34 that such employee developed the computer program as a HB3069 Enrolled -18- LRB9203207MWpk 1 direct result of his or her duties with the school 2 district or through the utilization of the school 3 district resources or facilities. The employee who 4 developed the computer program shall be entitled to share 5 in the proceeds of such sale or marketing of the computer 6 program. The distribution of such proceeds between the 7 employee and the school district shall be as agreed upon 8 by the employee and the school district, except that 9 neither the employee nor the school district may receive 10 more than 90% of such proceeds. The negotiation for an 11 employee who is represented by an exclusive bargaining 12 representative may be conducted by such bargaining 13 representative at the employee's request. 14 (b) For the purpose of this paragraph 17: 15 (1) "Computer" means an internally programmed, 16 general purpose digital device capable of 17 automatically accepting data, processing data and 18 supplying the results of the operation. 19 (2) "Computer program" means a series of coded 20 instructions or statements in a form acceptable to a 21 computer, which causes the computer to process data 22 in order to achieve a certain result. 23 (3) "Proceeds" means profits derived from 24 marketing or sale of a product after deducting the 25 expenses of developing and marketing such product; 26 18. To delegate to the general superintendent of 27 schools, by resolution, the authority to approve 28 contracts and expenditures in amounts of $10,000 or less; 29 19. Upon the written request of an employee, to 30 withhold from the compensation of that employee any dues, 31 payments or contributions payable by such employee to any 32 labor organization as defined in the Illinois Educational 33 Labor Relations Act. Under such arrangement, an amount 34 shall be withheld from each regular payroll period which HB3069 Enrolled -19- LRB9203207MWpk 1 is equal to the pro rata share of the annual dues plus 2 any payments or contributions, and the board shall 3 transmit such withholdings to the specified labor 4 organization within 10 working days from the time of the 5 withholding; 6 19a. Upon receipt of notice from the comptroller of 7 a municipality with a population of 500,000 or more, a 8 county with a population of 3,000,000 or more, the Cook 9 County Forest Preserve District, the Chicago Park 10 District, the Metropolitan Water Reclamation District, 11 the Chicago Transit Authority, or a housing authority of 12 a municipality with a population of 500,000 or more that 13 a debt is due and owing the municipality, the county, the 14 Cook County Forest Preserve District, the Chicago Park 15 District, the Metropolitan Water Reclamation District, 16 the Chicago Transit Authority, or the housing authority 17 by an employee of the Chicago Board of EducationSchool18Reform Board of Trustees, to withhold, from the 19 compensation of that employee, the amount of the debt 20 that is due and owing and pay the amount withheld to the 21 municipality, the county, the Cook County Forest Preserve 22 District, the Chicago Park District, the Metropolitan 23 Water Reclamation District, the Chicago Transit 24 Authority, or the housing authority; provided, however, 25 that the amount deducted from any one salary or wage 26 payment shall not exceed 25% of the net amount of the 27 payment. Before the Board deducts any amount from any 28 salary or wage of an employee under this paragraph, the 29 municipality, the county, the Cook County Forest Preserve 30 District, the Chicago Park District, the Metropolitan 31 Water Reclamation District, the Chicago Transit 32 Authority, or the housing authority shall certify that 33 (i) the employee has been afforded an opportunity for a 34 hearing to dispute the debt that is due and owing the HB3069 Enrolled -20- LRB9203207MWpk 1 municipality, the county, the Cook County Forest Preserve 2 District, the Chicago Park District, the Metropolitan 3 Water Reclamation District, the Chicago Transit 4 Authority, or the housing authority and (ii) the employee 5 has received notice of a wage deduction order and has 6 been afforded an opportunity for a hearing to object to 7 the order. For purposes of this paragraph, "net amount" 8 means that part of the salary or wage payment remaining 9 after the deduction of any amounts required by law to be 10 deducted and "debt due and owing" means (i) a specified 11 sum of money owed to the municipality, the county, the 12 Cook County Forest Preserve District, the Chicago Park 13 District, the Metropolitan Water Reclamation District, 14 the Chicago Transit Authority, or the housing authority 15 forcityservices, work, or goods, after the period 16 granted for payment has expired, or (ii) a specified sum 17 of money owed to the municipality, the county, the Cook 18 County Forest Preserve District, the Chicago Park 19 District, the Metropolitan Water Reclamation District, 20 the Chicago Transit Authority, or the housing authority 21 pursuant to a court order or order of an administrative 22 hearing officer after the exhaustion of, or the failure 23 to exhaust, judicial review; 24 20. The board is encouraged to employ a sufficient 25 number of certified school counselors to maintain a 26 student/counselor ratio of 250 to 1 by July 1, 1990. 27 Each counselor shall spend at least 75% of his work time 28 in direct contact with students and shall maintain a 29 record of such time; 30 21. To make available to students vocational and 31 career counseling and to establish 5 special career 32 counseling days for students and parents. On these days 33 representatives of local businesses and industries shall 34 be invited to the school campus and shall inform students HB3069 Enrolled -21- LRB9203207MWpk 1 of career opportunities available to them in the various 2 businesses and industries. Special consideration shall 3 be given to counseling minority students as to career 4 opportunities available to them in various fields. For 5 the purposes of this paragraph, minority student means a 6 person who is: 7 (a) Black (a person having origins in any of 8 the black racial groups in Africa); 9 (b) Hispanic (a person of Spanish or 10 Portuguese culture with origins in Mexico, South or 11 Central America, or the Caribbean islands, 12 regardless of race); 13 (c) Asian American (a person having origins in 14 any of the original peoples of the Far East, 15 Southeast Asia, the Indian Subcontinent or the 16 Pacific Islands); or 17 (d) American Indian or Alaskan Native (a 18 person having origins in any of the original peoples 19 of North America). 20 Counseling days shall not be in lieu of regular 21 school days; 22 22. To report to the State Board of Education the 23 annual student dropout rate and number of students who 24 graduate from, transfer from or otherwise leave bilingual 25 programs; 26 23. Except as otherwise provided in the Abused and 27 Neglected Child Reporting Act or other applicable State 28 or federal law, to permit school officials to withhold, 29 from any person, information on the whereabouts of any 30 child removed from school premises when the child has 31 been taken into protective custody as a victim of 32 suspected child abuse. School officials shall direct 33 such person to the Department of Children and Family 34 Services, or to the local law enforcement agency if HB3069 Enrolled -22- LRB9203207MWpk 1 appropriate; 2 24. To develop a policy, based on the current state 3 of existing school facilities, projected enrollment and 4 efficient utilization of available resources, for capital 5 improvement of schools and school buildings within the 6 district, addressing in that policy both the relative 7 priority for major repairs, renovations and additions to 8 school facilities, and the advisability or necessity of 9 building new school facilities or closing existing 10 schools to meet current or projected demographic patterns 11 within the district; 12 25. To make available to the students in every high 13 school attendance center the ability to take all courses 14 necessary to comply with the Board of Higher Education's 15 college entrance criteria effective in 1993; 16 26. To encourage mid-career changes into the 17 teaching profession, whereby qualified professionals 18 become certified teachers, by allowing credit for 19 professional employment in related fields when 20 determining point of entry on teacher pay scale; 21 27. To provide or contract out training programs 22 for administrative personnel and principals with revised 23 or expanded duties pursuant to this Act in order to 24 assure they have the knowledge and skills to perform 25 their duties; 26 28. To establish a fund for the prioritized special 27 needs programs, and to allocate such funds and other lump 28 sum amounts to each attendance center in a manner 29 consistent with the provisions of part 4 of Section 30 34-2.3. Nothing in this paragraph shall be construed to 31 require any additional appropriations of State funds for 32 this purpose; 33 29. (Blank); 34 30. Notwithstanding any other provision of this Act HB3069 Enrolled -23- LRB9203207MWpk 1 or any other law to the contrary, to contract with third 2 parties for services otherwise performed by employees, 3 including those in a bargaining unit, and to layoff those 4 employees upon 14 days written notice to the affected 5 employees. Those contracts may be for a period not to 6 exceed 5 years and may be awarded on a system-wide basis; 7 31. To promulgate rules establishing procedures 8 governing the layoff or reduction in force of employees 9 and the recall of such employees, including, but not 10 limited to, criteria for such layoffs, reductions in 11 force or recall rights of such employees and the weight 12 to be given to any particular criterion. Such criteria 13 shall take into account factors including, but not be 14 limited to, qualifications, certifications, experience, 15 performance ratings or evaluations, and any other factors 16 relating to an employee's job performance; and 17 32. To develop a policy to prevent nepotism in the 18 hiring of personnel or the selection of contractors. 19 The specifications of the powers herein granted are not 20 to be construed as exclusive but the board shall also 21 exercise all other powers that they may be requisite or 22 proper for the maintenance and the development of a public 23 school system, not inconsistent with the other provisions of 24 this Article or provisions of this Code which apply to all 25 school districts. 26 In addition to the powers herein granted and authorized 27 to be exercised by the board, it shall be the duty of the 28 board to review or to direct independent reviews of special 29 education expenditures and services. The board shall file a 30 report of such review with the General Assembly on or before 31 May 1, 1990. 32 (Source: P.A. 89-15, eff. 5-30-95; 89-397, eff. 8-20-95; 33 89-626, eff. 8-9-96; 90-22, eff. 6-20-97; 90-548, eff. 34 1-1-98.) HB3069 Enrolled -24- LRB9203207MWpk 1 Section 25. The Housing Authorities Act is amended by 2 adding Section 6.1 as follows: 3 (310 ILCS 10/6.1 new) 4 Sec. 6.1. Power to deduct wages for debts. 5 (a) Upon receipt of notice from the comptroller of a 6 municipality with a population of 500,000 or more, a county 7 with a population of 3,000,000 or more, the Cook County 8 Forest Preserve District, the Chicago Park District, the 9 Metropolitan Water Reclamation District, the Chicago Transit 10 Authority, or the Chicago Board of Education that a debt is 11 due and owing the municipality, the county, the Cook County 12 Forest Preserve District, the Chicago Park District, the 13 Metropolitan Water Reclamation District, the Chicago Transit 14 Authority, or the Chicago Board of Education by an employee 15 of the housing authority of a municipality with a population 16 of 500,000 or more, that authority may withhold, from the 17 compensation of that employee, the amount of the debt that is 18 due and owing and pay the amount withheld to the 19 municipality, the county, the Cook County Forest Preserve 20 District, the Chicago Park District, the Metropolitan Water 21 Reclamation District, the Chicago Transit Authority, or the 22 Chicago Board of Education; provided, however, that the 23 amount deducted from any one salary or wage payment shall not 24 exceed 25% of the net amount of the payment. 25 (b) Before the housing authority of a municipality with 26 a population of 500,000 or more deducts any amount from any 27 salary or wage of an employee under this Section, the 28 municipality, the county, the Cook County Forest Preserve 29 District, the Chicago Park District, the Metropolitan Water 30 Reclamation District, the Chicago Transit Authority, or the 31 Chicago Board of Education shall certify that (i) the 32 employee has been afforded an opportunity for a hearing to 33 dispute the debt that is due and owing the municipality, the HB3069 Enrolled -25- LRB9203207MWpk 1 county, the Cook County Forest Preserve District, the Chicago 2 Park District, the Metropolitan Water Reclamation District, 3 the Chicago Transit Authority, or the Chicago Board of 4 Education and (ii) the employee has received notice of a wage 5 deduction order and has been afforded an opportunity for a 6 hearing to object to the order. 7 (c) For purposes of this Section: 8 (1) "Net amount" means that part of the salary or 9 wage payment remaining after the deduction of any amounts 10 required by law to be deducted. 11 (2) "Debt due and owing" means (i) a specified sum 12 of money owed to the municipality, the county, the Cook 13 County Forest Preserve District, the Chicago Park 14 District, the Metropolitan Water Reclamation District, 15 the Chicago Transit Authority, or the Chicago Board of 16 Education for services, work, or goods, after the period 17 granted for payment has expired, or (ii) a specified sum 18 of money owed to the municipality, the county, the Cook 19 County Forest Preserve District, the Chicago Park 20 District, the Metropolitan Water Reclamation District, 21 the Chicago Transit Authority, or the Chicago Board of 22 Education pursuant to a court order or order of an 23 administrative hearing officer after the exhaustion of, 24 or the failure to exhaust, judicial review. 25 Section 30. The Illinois Wage Payment and Collection Act 26 is amended by changing Section 9 as follows: 27 (820 ILCS 115/9) (from Ch. 48, par. 39m-9) 28 Sec. 9. Except as hereinafter provided, deductions by 29 employers from wages or final compensation are prohibited 30 unless such deductions are (1) required by law; (2) to the 31 benefit of the employee; (3) in response to a valid wage 32 assignment or wage deduction order; (4) made with the express HB3069 Enrolled -26- LRB9203207MWpk 1 written consent of the employee, given freely at the time the 2 deduction is made; (5) made by a municipality with a 3 population of 500,000 or more, a county with a population of 4 3,000,000 or more, a community college district in a city 5 with a population of 500,000 or more, a housing authority in 6 a municipality with a population of 500,000 or more, the 7 Chicago Park District, the Metropolitan Transit Authority,or8 the ChicagoSchool ReformBoard of Education, the Cook County 9 Forest Preserve District, or the Metropolitan Water 10 Reclamation Districtof Trusteesto pay a debt owed by the 11 employee to a municipality with a population of 500,000 or 12 more, a county with a population of 3,000,000 or more, the 13 Cook County Forest Preserve, the Chicago Park District, the 14 Metropolitan Water Reclamation District, the Chicago Transit 15 Authority, the Chicago Board of Education, or a housing 16 authority of a municipality with a population of 500,000 or 17 more; provided, however, that the amount deducted from any 18 one salary or wage payment shall not exceed 25% of the net 19 amount of the payment; or (6) made by a housing authority in 20 a municipality with a population of 500,000 or more or a 21 municipality with a population of 500,000 or more to pay a 22 debt owed by the employee to a housing authority in a 23 municipality with a population of 500,000 or more; provided, 24 however, that the amount deducted from any one salary or wage 25 payment shall not exceed 25% of the net amount of the 26 payment. Before the municipality with a population of 500,000 27 or more, the community college district in a city with a 28 population of 500,000 or more, the Chicago Park District, the 29 Metropolitan Transit Authority, a housing authority in a 30 municipality with a population of 500,000 or more,orthe 31 Chicago Board of Education, the county with a population of 32 3,000,000 or more, the Cook County Forest Preserve District, 33 or the Metropolitan Water Reclamation DistrictSchool Reform34Board of Trusteesdeducts any amount from any salary or wage HB3069 Enrolled -27- LRB9203207MWpk 1 of an employee to pay a debt owed to a municipality with a 2 population of 500,000 or more, a county with a population of 3 3,000,000 or more, the Cook County Forest Preserve District, 4 the Chicago Park District, the Metropolitan Water Reclamation 5 District, the Chicago Transit Authority, the Chicago Board of 6 Education, or a housing authority of a municipality with a 7 population of 500,000 or more under this Section, the 8 municipality, the county, the Cook County Forest Preserve 9 District, the Chicago Park District, the Metropolitan Water 10 Reclamation District, the Chicago Transit Authority, the 11 Chicago Board of Education, or a housing authority of a 12 municipality with a population of 500,000 or more shall 13 certify that (i) the employee has been afforded an 14 opportunity for a hearing to dispute the debt that is due and 15 owing the municipality, the county, the Cook County Forest 16 Preserve District, the Chicago Park District, the 17 Metropolitan Water Reclamation District, the Chicago Transit 18 Authority, the Chicago Board of Education, or a housing 19 authority of a municipality with a population of 500,000 or 20 more and (ii) the employee has received notice of a wage 21 deduction order and has been afforded an opportunity for a 22 hearing to object to the order. Before a housing authority in 23 a municipality with a population of 500,000 or more or a 24 municipality with a population of 500,000 or more, a county 25 with a population of 3,000,000 or more, the Cook County 26 Forest Preserve District, the Chicago Park District, the 27 Metropolitan Water Reclamation District, the Chicago Transit 28 Authority, the Chicago Board of Education, or a housing 29 authority of a municipality with a population of 500,000 or 30 more deducts any amount from any salary or wage of an 31 employee to pay a debt owed to a housing authority in a 32 municipality with a population of 500,000 or more under this 33 Section, the housing authority shall certify that (i) the 34 employee has been afforded an opportunity for a hearing to HB3069 Enrolled -28- LRB9203207MWpk 1 dispute the debt that is due and owing the housing authority 2 and (ii) the employee has received notice of a wage deduction 3 order and has been afforded an opportunity for a hearing to 4 object to the order. For purposes of this Section, "net 5 amount" means that part of the salary or wage payment 6 remaining after the deduction of any amounts required by law 7 to be deducted and "debt due and owing" means (i) a specified 8 sum of money owed to the municipality, county, the Cook 9 County Forest Preserve District, the Chicago Park District, 10 the Metropolitan Water Reclamation District, the Chicago 11 Transit Authority, the Chicago Board of Education, or housing 12 authority for services, work, or goods, after the period 13 granted for payment has expired, or (ii) a specified sum of 14 money owed to the municipality, county, the Cook County 15 Forest Preserve District, the Chicago Park District, the 16 Metropolitan Water Reclamation District, the Chicago Transit 17 Authority, the Chicago Board of Education or housing 18 authority pursuant to a court order or order of an 19 administrative hearing officer after the exhaustion of, or 20 the failure to exhaust, judicial review. Where the 21 legitimacy of any deduction from wages is in dispute, the 22 amount in question may be withheld if the employer notifies 23 the Department of Labor on the date the payment is due in 24 writing of the amount that is being withheld and stating the 25 reasons for which the payment is withheld. Upon such 26 notification the Department of Labor shall conduct an 27 investigation and render a judgment as promptly as possible, 28 and shall complete such investigation within 30 days of 29 receipt of the notification by the employer that wages have 30 been withheld. The employer shall pay the wages due upon 31 order of the Department of Labor within 15 calendar days of 32 issuance of a judgment on the dispute. 33 The Department shall establish rules to protect the 34 interests of both parties in cases of disputed deductions HB3069 Enrolled -29- LRB9203207MWpk 1 from wages. Such rules shall include reasonable limitations 2 on the amount of deductions beyond those required by law 3 which may be made during any pay period by any employer. 4 In case of a dispute over wages, the employer shall pay, 5 without condition and within the time set by this Act, all 6 wages or parts thereof, conceded by him to be due, leaving to 7 the employee all remedies to which he may otherwise be 8 entitled as to any balance claimed. The acceptance by an 9 employee of a disputed paycheck shall not constitute a 10 release as to the balance of his claim and any release or 11 restrictive endorsement required by an employer as a 12 condition to payment shall be a violation of this Act and 13 shall be void. 14 (Source: P.A. 90-22, eff. 6-20-97; 91-443, eff. 8-6-99.) 15 Section 99. Effective date. This Act takes effect upon 16 becoming law.