State of Illinois
92nd General Assembly
Legislation

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[ House Amendment 003 ]


92_HB3069

 
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 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 municipal
 8    debts.
 9        (a)  Upon receipt of notice from  the  comptroller  of  a
10    municipality with a population of 500,000 or more that a debt
11    is  due and owing the municipality by an employee of a county
12    with a population  of  3,000,000  or  more,  the  county  may
13    withhold,  from the compensation of that employee, the amount
14    of the debt that is due and owing and pay the amount withheld
15    to the  municipality;  provided,  however,  that  the  amount
16    deducted from any one salary or wage payment shall not exceed
17    25% of the net amount of the payment.
18        (b)  Before the county deducts any amount from any salary
19    or  wage  of an employee under this Section, the municipality
20    shall  certify  that  the  employee  has  been  afforded   an
21    opportunity for a hearing to dispute the debt that is due and
22    owing the municipality.
23        (c)  For purposes of this Section:
24             (1)  "Net  amount"  means that part of the salary or
25        wage payment remaining after the deduction of any amounts
26        required by law to be deducted.
27             (2)  "Debt due and owing" means (i) a specified  sum
28        of  money  owed  to  the  municipality for city services,
29        work, or goods, after the period granted for payment  has
30        expired,  or  (ii)  a  specified sum of money owed to the
31        municipality pursuant to a court order  or  order  of  an
 
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 1        administrative  hearing  officer after the exhaustion of,
 2        or the failure to exhaust, judicial review.
 3        (d)  Nothing in this Section is intended  to  affect  the
 4    power  of a county to withhold the amount of any debt that is
 5    due and owing the county by any of its employees.

 6        Section 10.  The Illinois Municipal Code  is  amended  by
 7    adding Section 10-4-8 as follows:

 8        (65 ILCS 5/10-4-8 new)
 9        Sec. 10-4-8.  Power to deduct wages for county debts.
10        (a)  Upon  receipt  of  notice  from the comptroller of a
11    county with a population of 3,000,000 or more that a debt  is
12    due  and  owing  the  county by an employee of a municipality
13    with a population of 500,000 or more,  the  municipality  may
14    withhold,  from the compensation of that employee, the amount
15    of the debt that is due and owing and pay the amount withheld
16    to the county; provided, however  that  the  amount  deducted
17    from  any  one salary or wage payment shall not exceed 25% of
18    the net amount of the payment.
19        (b)  Before the municipality deducts any amount from  any
20    salary  or wage of an employee under this Section, the county
21    shall  certify  that  the  employee  has  been  afforded   an
22    opportunity for a hearing to dispute the debt that is due and
23    owning the county.
24        (c)  For purposes of this Section:
25             (1)  "Net  amount"  means  the part of the salary or
26        wage payment remaining after the deduction of any amounts
27        required by law to be deducted.
28             (2)  "Debt due and owing" means (i) a specified  sum
29        of money owed to the county for services, work, or goods,
30        after the period granted for payment has expired, or (ii)
31        a specified sum of money owed to the county pursuant to a
32        court order or order of an administrative hearing officer
 
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 1        after  the  exhaustion  of,  or  the  failure to exhaust,
 2        judicial review.
 3        (d)  Nothing in this Section is intended  to  affect  the
 4    power  of  a  municipality to withhold the amount of any debt
 5    that is  due  and  owing  the  municipality  by  any  of  its
 6    employees.

 7        Section 15.  The Cook County Forest Preserve District Act
 8    is amended by adding Section 17.5 as follows:

 9        (70 ILCS 810/17.5 new)
10        Sec. 17.5.  Power to deduct wages for municipal or county
11    debts.
12        (a)  Upon  receipt  of  notice  from the comptroller of a
13    municipality with a population of 500,000 or more or a county
14    with a population of 3,000,000 or more that a debt is due and
15    owing the municipality  or  county  by  an  employee  of  the
16    District, the District may withhold, from the compensation of
17    that  employee,  the amount of the debt that is due and owing
18    and pay the amount withheld to the  municipality  or  county;
19    provided,  however,  that  the  amount  deducted from any one
20    salary or wage payment shall not exceed 25% of the net amount
21    of the payment.
22        (b)  Before the District  deducts  any  amount  from  any
23    salary  or  wage  of  an  employee  under  this  Section, the
24    municipality or county shall certify that  the  employee  has
25    been  afforded  an  opportunity  for a hearing to dispute the
26    debt that is due and owing the municipality or county.
27        (c)  For purposes of this Section:
28             (1)  "Net amount" means that part of the  salary  or
29        wage payment remaining after the deduction of any amounts
30        required by law to be deducted.
31             (2)  "Debt  due and owing" means (i) a specified sum
32        of money owed to the municipality or county for services,
 
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 1        work, or goods, after the period granted for payment  has
 2        expired,  or  (ii)  a  specified sum of money owed to the
 3        municipality or county pursuant to a court order or order
 4        of an administrative hearing officer after the exhaustion
 5        of, or the failure to exhaust, judicial review.

 6        Section 17.  The Chicago Park District Act is amended  by
 7    changing Section 16b as follows:

 8        (70 ILCS 1505/16b)
 9        Sec.  16b.  Power to deduct wages for municipal or county
10    debts.  Upon receipt of notice  from  the  comptroller  of  a
11    municipality with a population of 500,000 or more or a county
12    with a population of 3,000,000 or more that a debt is due and
13    owing  the  municipality  or  county  by  an  employee of the
14    Chicago Park District, the District may  withhold,  from  the
15    compensation of that employee, the amount of the debt that is
16    due and owing and pay the amount withheld to the municipality
17    or  county;  provided, however, that the amount deducted from
18    any one salary or wage payment shall not exceed  25%  of  the
19    net  amount  of the payment.  Before the District deducts any
20    amount from any salary or wage  of  an  employee  under  this
21    Section,  the  municipality  or county shall certify that the
22    employee has been afforded an opportunity for  a  hearing  to
23    dispute  the  debt  that is due and owing the municipality or
24    county. For purposes of this Section, "net amount" means that
25    part of the  salary  or  wage  payment  remaining  after  the
26    deduction  of  any amounts required by law to be deducted and
27    "debt due and owing" means (i) a specified sum of money  owed
28    to  the  municipality  or  county for city services, work, or
29    goods, after the period granted for payment has  expired,  or
30    (ii)  a  specified  sum  of money owed to the municipality or
31    county  pursuant  to  a  court   order   or   order   of   an
32    administrative  hearing  officer  after the exhaustion of, or
 
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 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 municipal or county
 7    debts.
 8        (a)  Upon  receipt  of  notice  from the comptroller of a
 9    municipality with a population of 500,000 or more or a county
10    with a population of 3,000,000 or more that a debt is due and
11    owing the municipality or the county by an  employee  of  the
12    District, the District may withhold, from the compensation of
13    that  employee,  the amount of the debt that is due and owing
14    and pay the amount withheld to the  municipality  or  county;
15    provided,  however,  that  the  amount  deducted from any one
16    salary or wage payment shall not exceed 25% of the net amount
17    of the payment.
18        (b)  Before the District  deducts  any  amount  from  any
19    salary  or  wage  of  an  employee  under  this  Section, the
20    municipality or county shall certify that  the  employee  has
21    been  afforded  an  opportunity  for a hearing to dispute the
22    debt that is due and owing the municipality or county.
23        (c)  For purposes of this Section:
24             (1)  "Net amount" means that part of the  salary  or
25        wage payment remaining after the deduction of any amounts
26        required by law to be deducted.
27             (2)  "Debt  due and owing" means (i) a specified sum
28        of money owed to the municipality or county for services,
29        work, or goods, after the period granted for payment  has
30        expired,  or  (ii)  a  specified sum of money owed to the
31        municipality or county pursuant to a court order or order
32        of an administrative hearing officer after the exhaustion
 
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 1        of, or the failure to exhaust, judicial review.

 2        Section 22.  The Metropolitan Transit  Authority  Act  is
 3    amended by changing Section 28c as follows:

 4        (70 ILCS 3605/28c)
 5        Sec.  28c.  Power to deduct wages for municipal or county
 6    debts.  Upon receipt of notice  from  the  comptroller  of  a
 7    municipality with a population of 500,000 or more or a county
 8    with a population of 3,000,000 or more that a debt is due and
 9    owing  the  municipality  or  county  by  an  employee of the
10    Authority, the Authority may withhold, from the  compensation
11    of  that  employee,  the  amount  of the debt that is due and
12    owing and pay the amount  withheld  to  the  municipality  or
13    county;  provided, however, that the amount deducted from any
14    one salary or wage payment shall not exceed 25%  of  the  net
15    amount  of  the  payment.   Before  the Authority deducts any
16    amount from any salary or wage  of  an  employee  under  this
17    Section,  the  municipality  or county shall certify that the
18    employee has been afforded an opportunity for  a  hearing  to
19    dispute  the  debt  that is due and owing the municipality or
20    county.  For purposes of this  Section,  "net  amount"  means
21    that  part  of the salary or wage payment remaining after the
22    deduction of any amounts required by law to be  deducted  and
23    "debt  due and owing" means (i) a specified sum of money owed
24    to the municipality or county for  city  services,  work,  or
25    goods,  after  the period granted for payment has expired, or
26    (ii) a specified sum of money owed  to  the  municipality  or
27    county   pursuant   to   a   court   order  or  order  of  an
28    administrative hearing officer after the  exhaustion  of,  or
29    the failure to exhaust, judicial review.
30    (Source: P.A. 90-22, eff. 6-20-97.)

31        Section  23.   The  School  Code  is  amended by changing
 
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 1    Section 34-18 as follows:

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

30        Section   25.   The Housing Authorities Act is amended by
31    adding Section 6.1 as follows:

32        (310 ILCS 10/6.1 new)
 
                            -19-               LRB9203207MWpk
 1        Sec. 6.1.  Power to deduct wages for municipal or  county
 2    debts.
 3        (a)  Upon  receipt  of  notice  from the comptroller of a
 4    municipality with a population of 500,000 or more or a county
 5    with a population of 3,000,000 or more that a debt is due and
 6    owing the municipality  or  county  by  an  employee  of  the
 7    housing  authority  of  a  municipality  with a population of
 8    500,000 or  more,  that  authority  may  withhold,  from  the
 9    compensation of that employee, the amount of the debt that is
10    due and owing and pay the amount withheld to the municipality
11    or  county;  provided, however, that the amount deducted from
12    any one salary or wage payment shall not exceed  25%  of  the
13    net amount of the payment.
14        (b)  Before  the housing authority of a municipality with
15    a population of 500,000 or more deducts any amount  from  any
16    salary  or  wage  of  an  employee  under  this  Section, the
17    municipality or county shall certify that  the  employee  has
18    been  afforded  an  opportunity  for a hearing to dispute the
19    debt that is due and owing the municipality or county.
20        (c)  For purposes of this Section:
21             (1)  "Net amount" means that part of the  salary  or
22        wage payment remaining after the deduction of any amounts
23        required by law to be deducted.
24             (2)  "Debt  due and owing" means (i) a specified sum
25        of money owed to the municipality or county for services,
26        work, or goods, after the period granted for payment  has
27        expired,  or  (ii)  a  specified sum of money owed to the
28        municipality or county pursuant to a court order or order
29        of an administrative hearing officer after the exhaustion
30        of, or the failure to exhaust, judicial review.

31        Section 30.  The Illinois Wage Payment and Collection Act
32    is amended by changing Section 9 as follows:
 
                            -20-               LRB9203207MWpk
 1        (820 ILCS 115/9) (from Ch. 48, par. 39m-9)
 2        Sec. 9.  Except as hereinafter  provided,  deductions  by
 3    employers  from  wages  or  final compensation are prohibited
 4    unless such deductions are (1) required by law;  (2)  to  the
 5    benefit  of  the  employee;  (3)  in response to a valid wage
 6    assignment or wage deduction order; (4) made with the express
 7    written consent of the employee, given freely at the time the
 8    deduction  is  made;  (5)  made  by  a  municipality  with  a
 9    population of 500,000 or more, a county with a population  of
10    3,000,000  or  more,  a  community college district in a city
11    with a population of 500,000 or more, a housing authority  in
12    a  municipality  with  a  population  of 500,000 or more, the
13    Chicago Park District, the Metropolitan Transit Authority, or
14    the Chicago School Reform Board of Trustees, the Cook  County
15    Forest   Preserve   District,   or   the  Metropolitan  Water
16    Reclamation District to pay a debt owed by the employee to  a
17    municipality with a population of 500,000 or more or a county
18    with  a  population  of 3,000,000 or more; provided, however,
19    that the amount deducted from any one salary or wage  payment
20    shall not exceed 25% of the net amount of the payment; or (6)
21    made by housing authority in a municipality with a population
22    of 500,000 or more or a municipality  with  a  population  of
23    500,000  or  more  to  pay  a  debt owed by the employee to a
24    housing authority in a  municipality  with  a  population  of
25    500,000  or more; provided, however, that the amount deducted
26    from any one salary or wage payment shall not exceed  25%  of
27    the net amount of the payment. Before the municipality with a
28    population of 500,000 or more, the community college district
29    in  a  city with a population of 500,000 or more, the Chicago
30    Park District, the Metropolitan Transit Authority, a  housing
31    authority  in  a municipality with a population of 500,000 or
32    more, or the Chicago School Reform  Board  of  Trustees,  the
33    county  with  a  population  of  3,000,000  or more, the Cook
34    County Forest Preserve District, or  the  Metropolitan  Water
 
                            -21-               LRB9203207MWpk
 1    Reclamation  District  deducts  any amount from any salary or
 2    wage of an employee to pay a debt owed to a municipality with
 3    a population of 500,000 or more or a county with a population
 4    of 3,000,000 or more under this Section, the municipality  or
 5    county  shall  certify that the employee has been afforded an
 6    opportunity for a hearing to dispute the debt that is due and
 7    owing the municipality or county. Before a housing  authority
 8    in  a  municipality with a population of 500,000 or more or a
 9    municipality with a population of 500,000 or more or a county
10    with a population of 3,000,000 or  more  deducts  any  amount
11    from  any salary or wage of an employee to pay a debt owed to
12    a housing authority in a municipality with  a  population  of
13    500,000  or  more  under  this Section, the housing authority
14    shall  certify  that  the  employee  has  been  afforded   an
15    opportunity for a hearing to dispute the debt that is due and
16    owing  the  housing  authority. For purposes of this Section,
17    "net amount" means that part of the salary  or  wage  payment
18    remaining  after the deduction of any amounts required by law
19    to be deducted and "debt due and owing" means (i) a specified
20    sum of money owed to the  municipality,  county,  or  housing
21    authority  for  services,  work,  or  goods, after the period
22    granted for payment has expired, or (ii) a specified  sum  of
23    money  owed to the municipality, county, or housing authority
24    pursuant to a court  order  or  order  of  an  administrative
25    hearing  officer  after  the exhaustion of, or the failure to
26    exhaust,  judicial  review.   Where  the  legitimacy  of  any
27    deduction from wages is in dispute, the  amount  in  question
28    may  be  withheld  if the employer notifies the Department of
29    Labor on the date the payment is due in writing of the amount
30    that is being withheld and stating the reasons for which  the
31    payment is withheld. Upon such notification the Department of
32    Labor shall conduct an investigation and render a judgment as
33    promptly  as  possible, and shall complete such investigation
34    within 30 days of receipt of the notification by the employer
 
                            -22-               LRB9203207MWpk
 1    that wages have been withheld. The  employer  shall  pay  the
 2    wages  due  upon  order  of the Department of Labor within 15
 3    calendar days of issuance of a judgment on the dispute.
 4        The Department  shall  establish  rules  to  protect  the
 5    interests  of  both  parties  in cases of disputed deductions
 6    from wages. Such rules shall include  reasonable  limitations
 7    on  the  amount  of  deductions  beyond those required by law
 8    which may be made during any pay period by any employer.
 9        In case of a dispute over wages, the employer shall  pay,
10    without  condition  and  within the time set by this Act, all
11    wages or parts thereof, conceded by him to be due, leaving to
12    the employee all  remedies  to  which  he  may  otherwise  be
13    entitled  as  to  any  balance claimed.  The acceptance by an
14    employee of  a  disputed  paycheck  shall  not  constitute  a
15    release  as  to  the  balance of his claim and any release or
16    restrictive  endorsement  required  by  an  employer   as   a
17    condition  to  payment  shall  be a violation of this Act and
18    shall be void.
19    (Source: P.A. 90-22, eff. 6-20-97; 91-443, eff. 8-6-99.)

20        Section 99.  Effective date.  This Act takes effect  upon
21    becoming law.

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