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[ House Amendment 003 ] |
92_HB3069ham001 LRB9203207MWpkam 1 AMENDMENT TO HOUSE BILL 3069 2 AMENDMENT NO. . Amend House Bill 3069 by replacing 3 everything after the enacting clause with the following: 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 -2- LRB9203207MWpkam 1 Metropolitan Water Reclamation District, the Chicago Transit 2 Authority, the Chicago Board of Education, or the housing 3 authority; provided, however, that the amount deducted from 4 any one salary or wage payment shall not exceed 25% of the 5 net amount of the payment. 6 (b) Before the county deducts any amount from any salary 7 or wage of an employee under this Section, the municipality, 8 the Cook County Forest Preserve District, the Chicago Park 9 District, the Metropolitan Water Reclamation District, the 10 Chicago Transit Authority, the Chicago Board of Education, or 11 the housing authority shall certify that the employee has 12 been afforded an opportunity for a hearing to dispute the 13 debt that is due and owing the municipality, the Cook County 14 Forest Preserve District, the Chicago Park District, the 15 Metropolitan Water Reclamation District, the Chicago Transit 16 Authority, the Chicago Board of Education, or the housing 17 authority. 18 (c) For purposes of this Section: 19 (1) "Net amount" means that part of the salary or 20 wage payment remaining after the deduction of any amounts 21 required by law to be deducted. 22 (2) "Debt due and owing" means (i) a specified sum 23 of money owed to the municipality, the Cook County Forest 24 Preserve District, the Chicago Park District, the 25 Metropolitan Water Reclamation District, the Chicago 26 Transit Authority, the Chicago Board of Education, or the 27 housing authority for services, work, or goods, after the 28 period granted for payment has expired, or (ii) a 29 specified sum of money owed to the municipality, the Cook 30 County Forest Preserve District, the Chicago Park 31 District, the Metropolitan Water Reclamation District, 32 the Chicago Transit Authority, the Chicago Board of 33 Education, or the housing authority pursuant to a court 34 order or order of an administrative hearing officer after -3- LRB9203207MWpkam 1 the exhaustion of, or the failure to exhaust, judicial 2 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 debts. 10 (a) Upon receipt of notice from the comptroller of a 11 county with a population of 3,000,000 or more, the Cook 12 County Forest Preserve District, the Chicago Park District, 13 the Metropolitan Water Reclamation District, the Chicago 14 Board of Education, or a housing authority of a municipality 15 with a population of 500,000 or more that a debt is due and 16 owing the county, the Cook County Forest Preserve District, 17 the Chicago Park District, the Metropolitan Water Reclamation 18 District, the Chicago Transit Authority, the Chicago Board of 19 Education, or the housing authority by an employee of a 20 municipality with a population of 500,000 or more, the 21 municipality may withhold, from the compensation of that 22 employee, the amount of the debt that is due and owing and 23 pay the amount withheld to the county, the Cook County Forest 24 Preserve District, the Chicago Park District, the 25 Metropolitan Water Reclamation District, the Chicago Transit 26 Authority, the Chicago Board of Education, or the housing 27 authority; provided, however that the amount deducted from 28 any one salary or wage payment shall not exceed 25% of the 29 net amount of the payment. 30 (b) Before the municipality deducts any amount from any 31 salary or wage of an employee under this Section, the county, 32 the Cook County Forest Preserve District, the Chicago Park -4- LRB9203207MWpkam 1 District, the Metropolitan Water Reclamation District, the 2 Chicago Transit Authority, the Chicago Board of Education, or 3 the housing authority shall certify that the employee has 4 been afforded an opportunity for a hearing to dispute the 5 debt that is due and owning the county, the Cook County 6 Forest Preserve District, the Chicago Park District, the 7 Metropolitan Water Reclamation District, the Chicago Transit 8 Authority, the Chicago Board of Education, or the housing 9 authority. 10 (c) For purposes of this Section: 11 (1) "Net amount" means the part of the salary or 12 wage payment remaining after the deduction of any amounts 13 required by law to be deducted. 14 (2) "Debt due and owing" means (i) a specified sum 15 of money owed to the county, the Cook County Forest 16 Preserve District, the Chicago Park District, the 17 Metropolitan Water Reclamation District, the Chicago 18 Transit Authority, the Chicago Board of Education, or the 19 housing authority for services, work, or goods, after the 20 period granted for payment has expired, or (ii) a 21 specified sum of money owed to the county, the Cook 22 County Forest Preserve District, the Chicago Park 23 District, the Metropolitan Water Reclamation District, 24 the Chicago Transit Authority, the Chicago Board of 25 Education, or the housing authority pursuant to a court 26 order or order of an administrative hearing officer after 27 the exhaustion of, or the failure to exhaust, judicial 28 review. 29 (d) Nothing in this Section is intended to affect the 30 power of a municipality to withhold the amount of any debt 31 that is due and owing the municipality by any of its 32 employees. 33 Section 15. The Cook County Forest Preserve District Act -5- LRB9203207MWpkam 1 is amended by adding Section 17.5 as follows: 2 (70 ILCS 810/17.5 new) 3 Sec. 17.5. Power to deduct wages for debts. 4 (a) Upon receipt of notice from the comptroller of a 5 municipality with a population of 500,000 or more, a county 6 with a population of 3,000,000 or more, the Chicago Park 7 District, the Metropolitan Water Reclamation District, the 8 Chicago Transit Authority, the Chicago Board of Education, or 9 a housing authority of a municipality with a population of 10 500,000 or more that a debt is due and owing the 11 municipality, the county, the Chicago Park District, the 12 Metropolitan Water Reclamation District, the Chicago Transit 13 Authority, the Chicago Board of Education, or the housing 14 authority by an employee of the District, the District may 15 withhold, from the compensation of that employee, the amount 16 of the debt that is due and owing and pay the amount withheld 17 to the municipality, the county, the Chicago Park District, 18 the Metropolitan Water Reclamation District, the Chicago 19 Transit Authority, the Chicago Board of Education, or the 20 housing authority; provided, however, that the amount 21 deducted from any one salary or wage payment shall not exceed 22 25% of the net amount of the payment. 23 (b) Before the District deducts any amount from any 24 salary or wage of an employee under this Section, the 25 municipality, the county, the Chicago Park District, the 26 Metropolitan Water Reclamation District, the Chicago Transit 27 Authority, the Chicago Board of Education, or the housing 28 authority shall certify that the employee has been afforded 29 an opportunity for a hearing to dispute the debt that is due 30 and owing the municipality, the county, the Chicago Park 31 District, the Metropolitan Water Reclamation District, the 32 Chicago Transit Authority, the Chicago Board of Education, or 33 the housing authority. -6- LRB9203207MWpkam 1 (c) For purposes of this Section: 2 (1) "Net amount" means that part of the salary or 3 wage payment remaining after the deduction of any amounts 4 required by law to be deducted. 5 (2) "Debt due and owing" means (i) a specified sum 6 of money owed to the municipality, the county, the 7 Chicago Park District, the Metropolitan Water Reclamation 8 District, the Chicago Transit Authority, the Chicago 9 Board of Education, or the housing authority for 10 services, work, or goods, after the period granted for 11 payment has expired, or (ii) a specified sum of money 12 owed to the municipality, the county, the Chicago Park 13 District, the Metropolitan Water Reclamation District, 14 the Chicago Transit Authority, the Chicago Board of 15 Education, or the housing authority pursuant to a court 16 order or order of an administrative hearing officer after 17 the exhaustion of, or the failure to exhaust, judicial 18 review. 19 Section 17. The Chicago Park District Act is amended by 20 changing Section 16b as follows: 21 (70 ILCS 1505/16b) 22 Sec. 16b. Power to deduct wages formunicipaldebts. 23 Upon receipt of notice from the comptroller of a municipality 24 with a population of 500,000 or more, a county with a 25 population of 3,000,000 or more, the Cook County Forest 26 Preserve District, the Metropolitan Water Reclamation 27 District, the Chicago Transit Authority, the Chicago Board of 28 Education, or a housing authority of a municipality with a 29 population of 500,000 or more that a debt is due and owing 30 the municipality, the county, the Cook County Forest Preserve 31 District, the Metropolitan Water Reclamation District, the 32 Chicago Transit Authority, the Chicago Board of Education, or -7- LRB9203207MWpkam 1 the housing authority by an employee of the Chicago Park 2 District, the District may withhold, from the compensation of 3 that employee, the amount of the debt that is due and owing 4 and pay the amount withheld to the municipality, the county, 5 the Cook County Forest Preserve District, the Metropolitan 6 Water Reclamation District, the Chicago Transit Authority, 7 the Chicago Board of Education, or the housing authority; 8 provided, however, that the amount deducted from any one 9 salary or wage payment shall not exceed 25% of the net amount 10 of the payment. Before the District deducts any amount from 11 any salary or wage of an employee under this Section, the 12 municipality, the county, the Cook County Forest Preserve 13 District, the Metropolitan Water Reclamation District, the 14 Chicago Transit Authority, the Chicago Board of Education, or 15 the housing authority shall certify that the employee has 16 been afforded an opportunity for a hearing to dispute the 17 debt that is due and owing the municipality, the county, the 18 Cook County Forest Preserve District, the Metropolitan Water 19 Reclamation District, the Chicago Transit Authority, the 20 Chicago Board of Education, or the housing authority. For 21 purposes of this Section, "net amount" means that part of the 22 salary or wage payment remaining after the deduction of any 23 amounts required by law to be deducted and "debt due and 24 owing" means (i) a specified sum of money owed to the 25 municipality, the county, the Cook County Forest Preserve 26 District, the Metropolitan Water Reclamation District, the 27 Chicago Transit Authority, the Chicago Board of Education, or 28 the housing authority forcityservices, work, or goods, 29 after the period granted for payment has expired, or (ii) a 30 specified sum of money owed to the municipality, the county, 31 the Cook County Forest Preserve District, the Metropolitan 32 Water Reclamation District, the Chicago Transit Authority, 33 the Chicago Board of Education, or the housing authority 34 pursuant to a court order or order of an administrative -8- LRB9203207MWpkam 1 hearing officer after the exhaustion of, or the failure to 2 exhaust, judicial review. 3 (Source: P.A. 90-22, eff. 6-20-97.) 4 Section 20. The Metropolitan Water Reclamation District 5 Act is amended by adding Section 4.39 as follows: 6 (70 ILCS 2605/4.39 new) 7 Sec. 4.39. 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, a county 10 with a population of 3,000,000 or more, the Chicago Park 11 District, the Metropolitan Water Reclamation District, the 12 Chicago Transit Authority, the Chicago Board of Education, or 13 a housing authority of a municipality with a population of 14 500,000 or more that a debt is due and owing the 15 municipality, the county, the Cook County Forest Preserve 16 District, the Chicago Park District, the Chicago Transit 17 Authority, the Chicago Board of Education, or the housing 18 authority by an employee of the District, the District may 19 withhold, from the compensation of that employee, the amount 20 of the debt that is due and owing and pay the amount withheld 21 to the municipality, the county, the Cook County Forest 22 Preserve District, the Chicago Park District, the Chicago 23 Transit Authority, the Chicago Board of Education, or the 24 housing authority; provided, however, that the amount 25 deducted from any one salary or wage payment shall not exceed 26 25% of the net amount of the payment. 27 (b) Before the District deducts any amount from any 28 salary or wage of an employee under this Section, the 29 municipality, the county, the Cook County Forest Preserve 30 District, the Chicago Park District, the Chicago Transit 31 Authority, the Chicago Board of Education, or the housing 32 authority shall certify that the employee has been afforded -9- LRB9203207MWpkam 1 an opportunity for a hearing to dispute the debt that is due 2 and owing the municipality, the county, the Cook County 3 Forest Preserve District, the Chicago Park District, the 4 Chicago Transit Authority, the Chicago Board of Education, or 5 the housing authority. 6 (c) For purposes of this Section: 7 (1) "Net amount" means that part of the salary or 8 wage payment remaining after the deduction of any amounts 9 required by law to be deducted. 10 (2) "Debt due and owing" means (i) a specified sum 11 of money owed to the municipality, the county, the Cook 12 County Forest Preserve District, the Chicago Park 13 District, the Chicago Transit Authority, the Chicago 14 Board of Education, or the housing authority for 15 services, work, or goods, after the period granted for 16 payment has expired, or (ii) a specified sum of money 17 owed to the municipality, the county, the Cook County 18 Forest Preserve District, the Chicago Park District, the 19 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 Section 22. The Metropolitan Transit Authority Act is 25 amended by changing Section 28c as follows: 26 (70 ILCS 3605/28c) 27 Sec. 28c. Power to deduct wages formunicipaldebts. 28 Upon receipt of notice from the comptroller of a municipality 29 with a population of 500,000 or more, a county with a 30 population of 3,000,000 or more, the Cook County Forest 31 Preserve District, the Chicago Park District, the 32 Metropolitan Water Reclamation District, the Chicago Board of -10- LRB9203207MWpkam 1 Education, or a housing authority of a municipality with a 2 population of 500,000 or more that a debt is due and owing 3 the municipality, the county, the Cook County Forest Preserve 4 District, the Chicago Park District, the Metropolitan Water 5 Reclamation District, the Chicago Board of Education, or the 6 housing authority by an employee of the Authority, the 7 Authority may withhold, from the compensation of that 8 employee, the amount of the debt that is due and owing and 9 pay the amount withheld to the municipality, the county, the 10 Cook County Forest Preserve District, the Chicago Park 11 District, the Metropolitan Water Reclamation District, the 12 Chicago Board of Education, or the housing authority; 13 provided, however, that the amount deducted from any one 14 salary or wage payment shall not exceed 25% of the net amount 15 of the payment. Before the Authority deducts any amount from 16 any salary or wage of an employee under this Section, the 17 municipality, the county, the Cook County Forest Preserve 18 District, the Chicago Park District, the Metropolitan Water 19 Reclamation District, the Chicago Board of Education, or the 20 housing authority shall certify that the employee has been 21 afforded an opportunity for a hearing to dispute the debt 22 that is due and owing the municipality, the county, the Cook 23 County Forest Preserve District, the Chicago Park District, 24 the Metropolitan Water Reclamation District, the Chicago 25 Board of Education, or the housing authority. For purposes 26 of this Section, "net amount" means that part of the salary 27 or wage payment remaining after the deduction of any amounts 28 required by law to be deducted and "debt due and owing" means 29 (i) a specified sum of money owed to the municipality, the 30 county, the Cook County Forest Preserve District, the Chicago 31 Park District, the Metropolitan Water Reclamation District, 32 the Chicago Board of Education, or the housing authority for 33cityservices, work, or goods, after the period granted for 34 payment has expired, or (ii) a specified sum of money owed to -11- LRB9203207MWpkam 1 the municipality, the county, the Cook County Forest Preserve 2 District, the Chicago Park District, the Metropolitan Water 3 Reclamation District, the Chicago Board of Education, or the 4 housing authority pursuant to a court order or order of an 5 administrative hearing officer after the exhaustion of, or 6 the failure to exhaust, judicial review. 7 (Source: P.A. 90-22, eff. 6-20-97.) 8 Section 23. The School Code is amended by changing 9 Section 34-18 as follows: 10 (105 ILCS 5/34-18) (from Ch. 122, par. 34-18) 11 Sec. 34-18. Powers of the board. The board shall 12 exercise general supervision and jurisdiction over the public 13 education and the public school system of the city, and, 14 except as otherwise provided by this Article, shall have 15 power: 16 1. To make suitable provision for the establishment 17 and maintenance throughout the year or for such portion 18 thereof as it may direct, not less than 9 months, of 19 schools of all grades and kinds, including normal 20 schools, high schools, night schools, schools for 21 defectives and delinquents, parental and truant schools, 22 schools for the blind, the deaf and the crippled, schools 23 or classes in manual training, constructural and 24 vocational teaching, domestic arts and physical culture, 25 vocation and extension schools and lecture courses, and 26 all other educational courses and facilities, including 27 establishing, equipping, maintaining and operating 28 playgrounds and recreational programs, when such programs 29 are conducted in, adjacent to, or connected with any 30 public school under the general supervision and 31 jurisdiction of the board; provided, however, that in 32 allocating funds from year to year for the operation of -12- LRB9203207MWpkam 1 all attendance centers within the district, the board 2 shall ensure that supplemental general State aid funds 3 are allocated and applied in accordance with Section 18-8 4 or 18-8.05. To admit to such schools without charge 5 foreign exchange students who are participants in an 6 organized exchange student program which is authorized by 7 the board. The board shall permit all students to enroll 8 in apprenticeship programs in trade schools operated by 9 the board, whether those programs are union-sponsored or 10 not. No student shall be refused admission into or be 11 excluded from any course of instruction offered in the 12 common schools by reason of that student's sex. No 13 student shall be denied equal access to physical 14 education and interscholastic athletic programs supported 15 from school district funds or denied participation in 16 comparable physical education and athletic programs 17 solely by reason of the student's sex. Equal access to 18 programs supported from school district funds and 19 comparable programs will be defined in rules promulgated 20 by the State Board of Education in consultation with the 21 Illinois High School Association. Notwithstanding any 22 other provision of this Article, neither the board of 23 education nor any local school council or other school 24 official shall recommend that children with disabilities 25 be placed into regular education classrooms unless those 26 children with disabilities are provided with 27 supplementary services to assist them so that they 28 benefit from the regular classroom instruction and are 29 included on the teacher's regular education class 30 register; 31 2. To furnish lunches to pupils, to make a 32 reasonable charge therefor, and to use school funds for 33 the payment of such expenses as the board may determine 34 are necessary in conducting the school lunch program; -13- LRB9203207MWpkam 1 3. To co-operate with the circuit court; 2 4. To make arrangements with the public or 3 quasi-public libraries and museums for the use of their 4 facilities by teachers and pupils of the public schools; 5 5. To employ dentists and prescribe their duties 6 for the purpose of treating the pupils in the schools, 7 but accepting such treatment shall be optional with 8 parents or guardians; 9 6. To grant the use of assembly halls and 10 classrooms when not otherwise needed, including light, 11 heat, and attendants, for free public lectures, concerts, 12 and other educational and social interests, free of 13 charge, under such provisions and control as the 14 principal of the affected attendance center may 15 prescribe; 16 7. To apportion the pupils to the several schools; 17 provided that no pupil shall be excluded from or 18 segregated in any such school on account of his color, 19 race, sex, or nationality. The board shall take into 20 consideration the prevention of segregation and the 21 elimination of separation of children in public schools 22 because of color, race, sex, or nationality. Except that 23 children may be committed to or attend parental and 24 social adjustment schools established and maintained 25 either for boys or girls only. All records pertaining to 26 the creation, alteration or revision of attendance areas 27 shall be open to the public. Nothing herein shall limit 28 the board's authority to establish multi-area attendance 29 centers or other student assignment systems for 30 desegregation purposes or otherwise, and to apportion the 31 pupils to the several schools. Furthermore, beginning in 32 school year 1994-95, pursuant to a board plan adopted by 33 October 1, 1993, the board shall offer, commencing on a 34 phased-in basis, the opportunity for families within the -14- LRB9203207MWpkam 1 school district to apply for enrollment of their children 2 in any attendance center within the school district which 3 does not have selective admission requirements approved 4 by the board. The appropriate geographical area in which 5 such open enrollment may be exercised shall be determined 6 by the board of education. Such children may be admitted 7 to any such attendance center on a space available basis 8 after all children residing within such attendance 9 center's area have been accommodated. If the number of 10 applicants from outside the attendance area exceed the 11 space available, then successful applicants shall be 12 selected by lottery. The board of education's open 13 enrollment plan must include provisions that allow low 14 income students to have access to transportation needed 15 to exercise school choice. Open enrollment shall be in 16 compliance with the provisions of the Consent Decree and 17 Desegregation Plan cited in Section 34-1.01; 18 8. To approve programs and policies for providing 19 transportation services to students. Nothing herein shall 20 be construed to permit or empower the State Board of 21 Education to order, mandate, or require busing or other 22 transportation of pupils for the purpose of achieving 23 racial balance in any school; 24 9. Subject to the limitations in this Article, to 25 establish and approve system-wide curriculum objectives 26 and standards, including graduation standards, which 27 reflect the multi-cultural diversity in the city and are 28 consistent with State law, provided that for all purposes 29 of this Article courses or proficiency in American Sign 30 Language shall be deemed to constitute courses or 31 proficiency in a foreign language; and to employ 32 principals and teachers, appointed as provided in this 33 Article, and fix their compensation. The board shall 34 prepare such reports related to minimal competency -15- LRB9203207MWpkam 1 testing as may be requested by the State Board of 2 Education, and in addition shall monitor and approve 3 special education and bilingual education programs and 4 policies within the district to assure that appropriate 5 services are provided in accordance with applicable State 6 and federal laws to children requiring services and 7 education in those areas; 8 10. To employ non-teaching personnel or utilize 9 volunteer personnel for: (i) non-teaching duties not 10 requiring instructional judgment or evaluation of pupils, 11 including library duties; and (ii) supervising study 12 halls, long distance teaching reception areas used 13 incident to instructional programs transmitted by 14 electronic media such as computers, video, and audio, 15 detention and discipline areas, and school-sponsored 16 extracurricular activities. The board may further utilize 17 volunteer non-certificated personnel or employ 18 non-certificated personnel to assist in the instruction 19 of pupils under the immediate supervision of a teacher 20 holding a valid certificate, directly engaged in teaching 21 subject matter or conducting activities; provided that 22 the teacher shall be continuously aware of the 23 non-certificated persons' activities and shall be able to 24 control or modify them. The general superintendent shall 25 determine qualifications of such personnel and shall 26 prescribe rules for determining the duties and activities 27 to be assigned to such personnel; 28 11. To provide television studio facilities in not 29 to exceed one school building and to provide programs for 30 educational purposes, provided, however, that the board 31 shall not construct, acquire, operate, or maintain a 32 television transmitter; to grant the use of its studio 33 facilities to a licensed television station located in 34 the school district; and to maintain and operate not to -16- LRB9203207MWpkam 1 exceed one school radio transmitting station and provide 2 programs for educational purposes; 3 12. To offer, if deemed appropriate, outdoor 4 education courses, including field trips within the State 5 of Illinois, or adjacent states, and to use school 6 educational funds for the expense of the said outdoor 7 educational programs, whether within the school district 8 or not; 9 13. During that period of the calendar year not 10 embraced within the regular school term, to provide and 11 conduct courses in subject matters normally embraced in 12 the program of the schools during the regular school term 13 and to give regular school credit for satisfactory 14 completion by the student of such courses as may be 15 approved for credit by the State Board of Education; 16 14. To insure against any loss or liability of the 17 board, the former School Board Nominating Commission, 18 Local School Councils, the Chicago Schools Academic 19 Accountability Council, or the former Subdistrict 20 Councils or of any member, officer, agent or employee 21 thereof, resulting from alleged violations of civil 22 rights arising from incidents occurring on or after 23 September 5, 1967 or from the wrongful or negligent act 24 or omission of any such person whether occurring within 25 or without the school premises, provided the officer, 26 agent or employee was, at the time of the alleged 27 violation of civil rights or wrongful act or omission, 28 acting within the scope of his employment or under 29 direction of the board, the former School Board 30 Nominating Commission, the Chicago Schools Academic 31 Accountability Council, Local School Councils, or the 32 former Subdistrict Councils; and to provide for or 33 participate in insurance plans for its officers and 34 employees, including but not limited to retirement -17- LRB9203207MWpkam 1 annuities, medical, surgical and hospitalization benefits 2 in such types and amounts as may be determined by the 3 board; provided, however, that the board shall contract 4 for such insurance only with an insurance company 5 authorized to do business in this State. Such insurance 6 may include provision for employees who rely on treatment 7 by prayer or spiritual means alone for healing, in 8 accordance with the tenets and practice of a recognized 9 religious denomination; 10 15. To contract with the corporate authorities of 11 any municipality or the county board of any county, as 12 the case may be, to provide for the regulation of traffic 13 in parking areas of property used for school purposes, in 14 such manner as is provided by Section 11-209 of The 15 Illinois Vehicle Code, approved September 29, 1969, as 16 amended; 17 16. To provide, on an equal basis, access to the 18 school campus to the official recruiting representatives 19 of the armed forces of Illinois and the United States for 20 the purposes of informing students of the educational and 21 career opportunities available in the military if the 22 board has provided such access to persons or groups whose 23 purpose is to acquaint students with educational or 24 occupational opportunities available to them. The board 25 is not required to give greater notice regarding the 26 right of access to recruiting representatives than is 27 given to other persons and groups; 28 17. (a) To sell or market any computer program 29 developed by an employee of the school district, provided 30 that such employee developed the computer program as a 31 direct result of his or her duties with the school 32 district or through the utilization of the school 33 district resources or facilities. The employee who 34 developed the computer program shall be entitled to share -18- LRB9203207MWpkam 1 in the proceeds of such sale or marketing of the computer 2 program. The distribution of such proceeds between the 3 employee and the school district shall be as agreed upon 4 by the employee and the school district, except that 5 neither the employee nor the school district may receive 6 more than 90% of such proceeds. The negotiation for an 7 employee who is represented by an exclusive bargaining 8 representative may be conducted by such bargaining 9 representative at the employee's request. 10 (b) For the purpose of this paragraph 17: 11 (1) "Computer" means an internally programmed, 12 general purpose digital device capable of 13 automatically accepting data, processing data and 14 supplying the results of the operation. 15 (2) "Computer program" means a series of coded 16 instructions or statements in a form acceptable to a 17 computer, which causes the computer to process data 18 in order to achieve a certain result. 19 (3) "Proceeds" means profits derived from 20 marketing or sale of a product after deducting the 21 expenses of developing and marketing such product; 22 18. To delegate to the general superintendent of 23 schools, by resolution, the authority to approve 24 contracts and expenditures in amounts of $10,000 or less; 25 19. Upon the written request of an employee, to 26 withhold from the compensation of that employee any dues, 27 payments or contributions payable by such employee to any 28 labor organization as defined in the Illinois Educational 29 Labor Relations Act. Under such arrangement, an amount 30 shall be withheld from each regular payroll period which 31 is equal to the pro rata share of the annual dues plus 32 any payments or contributions, and the board shall 33 transmit such withholdings to the specified labor 34 organization within 10 working days from the time of the -19- LRB9203207MWpkam 1 withholding; 2 19a. Upon receipt of notice from the comptroller of 3 a municipality with a population of 500,000 or more, a 4 county with a population of 3,000,000 or more, the Cook 5 County Forest Preserve District, the Chicago Park 6 District, the Metropolitan Water Reclamation District, 7 the Chicago Transit Authority, or a housing authority of 8 a municipality with a population of 500,000 or more that 9 a debt is due and owing the municipality, the county, the 10 Cook County Forest Preserve District, the Chicago Park 11 District, the Metropolitan Water Reclamation District, 12 the Chicago Transit Authority, or the housing authority 13 by an employee of the Chicago Board of EducationSchool14Reform Board of Trustees, to withhold, from the 15 compensation of that employee, the amount of the debt 16 that is due and owing and pay the amount withheld to the 17 municipality, the county, the Cook County Forest Preserve 18 District, the Chicago Park District, the Metropolitan 19 Water Reclamation District, the Chicago Transit 20 Authority, or the housing authority; provided, however, 21 that the amount deducted from any one salary or wage 22 payment shall not exceed 25% of the net amount of the 23 payment. Before the Board deducts any amount from any 24 salary or wage of an employee under this paragraph, the 25 municipality, the county, the Cook County Forest Preserve 26 District, the Chicago Park District, the Metropolitan 27 Water Reclamation District, the Chicago Transit 28 Authority, or the housing authority shall certify that 29 the employee has been afforded an opportunity for a 30 hearing to dispute the debt that is due and owing the 31 municipality, the county, the Cook County Forest Preserve 32 District, the Chicago Park District, the Metropolitan 33 Water Reclamation District, the Chicago Transit 34 Authority, or the housing authority. For purposes of -20- LRB9203207MWpkam 1 this paragraph, "net amount" means that part of the 2 salary or wage payment remaining after the deduction of 3 any amounts required by law to be deducted and "debt due 4 and owing" means (i) a specified sum of money owed to the 5 municipality, the county, the Cook County Forest Preserve 6 District, the Chicago Park District, the Metropolitan 7 Water Reclamation District, the Chicago Transit 8 Authority, or the housing authority forcityservices, 9 work, or goods, after the period granted for payment has 10 expired, or (ii) a specified sum of money owed to the 11 municipality, the county, the Cook County Forest Preserve 12 District, the Chicago Park District, the Metropolitan 13 Water Reclamation District, the Chicago Transit 14 Authority, or the housing authority pursuant to a court 15 order or order of an administrative hearing officer after 16 the exhaustion of, or the failure to exhaust, judicial 17 review; 18 20. The board is encouraged to employ a sufficient 19 number of certified school counselors to maintain a 20 student/counselor ratio of 250 to 1 by July 1, 1990. 21 Each counselor shall spend at least 75% of his work time 22 in direct contact with students and shall maintain a 23 record of such time; 24 21. To make available to students vocational and 25 career counseling and to establish 5 special career 26 counseling days for students and parents. On these days 27 representatives of local businesses and industries shall 28 be invited to the school campus and shall inform students 29 of career opportunities available to them in the various 30 businesses and industries. Special consideration shall 31 be given to counseling minority students as to career 32 opportunities available to them in various fields. For 33 the purposes of this paragraph, minority student means a 34 person who is: -21- LRB9203207MWpkam 1 (a) Black (a person having origins in any of 2 the black racial groups in Africa); 3 (b) Hispanic (a person of Spanish or 4 Portuguese culture with origins in Mexico, South or 5 Central America, or the Caribbean islands, 6 regardless of race); 7 (c) Asian American (a person having origins in 8 any of the original peoples of the Far East, 9 Southeast Asia, the Indian Subcontinent or the 10 Pacific Islands); or 11 (d) American Indian or Alaskan Native (a 12 person having origins in any of the original peoples 13 of North America). 14 Counseling days shall not be in lieu of regular 15 school days; 16 22. To report to the State Board of Education the 17 annual student dropout rate and number of students who 18 graduate from, transfer from or otherwise leave bilingual 19 programs; 20 23. Except as otherwise provided in the Abused and 21 Neglected Child Reporting Act or other applicable State 22 or federal law, to permit school officials to withhold, 23 from any person, information on the whereabouts of any 24 child removed from school premises when the child has 25 been taken into protective custody as a victim of 26 suspected child abuse. School officials shall direct 27 such person to the Department of Children and Family 28 Services, or to the local law enforcement agency if 29 appropriate; 30 24. To develop a policy, based on the current state 31 of existing school facilities, projected enrollment and 32 efficient utilization of available resources, for capital 33 improvement of schools and school buildings within the 34 district, addressing in that policy both the relative -22- LRB9203207MWpkam 1 priority for major repairs, renovations and additions to 2 school facilities, and the advisability or necessity of 3 building new school facilities or closing existing 4 schools to meet current or projected demographic patterns 5 within the district; 6 25. To make available to the students in every high 7 school attendance center the ability to take all courses 8 necessary to comply with the Board of Higher Education's 9 college entrance criteria effective in 1993; 10 26. To encourage mid-career changes into the 11 teaching profession, whereby qualified professionals 12 become certified teachers, by allowing credit for 13 professional employment in related fields when 14 determining point of entry on teacher pay scale; 15 27. To provide or contract out training programs 16 for administrative personnel and principals with revised 17 or expanded duties pursuant to this Act in order to 18 assure they have the knowledge and skills to perform 19 their duties; 20 28. To establish a fund for the prioritized special 21 needs programs, and to allocate such funds and other lump 22 sum amounts to each attendance center in a manner 23 consistent with the provisions of part 4 of Section 24 34-2.3. Nothing in this paragraph shall be construed to 25 require any additional appropriations of State funds for 26 this purpose; 27 29. (Blank); 28 30. Notwithstanding any other provision of this Act 29 or any other law to the contrary, to contract with third 30 parties for services otherwise performed by employees, 31 including those in a bargaining unit, and to layoff those 32 employees upon 14 days written notice to the affected 33 employees. Those contracts may be for a period not to 34 exceed 5 years and may be awarded on a system-wide basis; -23- LRB9203207MWpkam 1 31. To promulgate rules establishing procedures 2 governing the layoff or reduction in force of employees 3 and the recall of such employees, including, but not 4 limited to, criteria for such layoffs, reductions in 5 force or recall rights of such employees and the weight 6 to be given to any particular criterion. Such criteria 7 shall take into account factors including, but not be 8 limited to, qualifications, certifications, experience, 9 performance ratings or evaluations, and any other factors 10 relating to an employee's job performance; and 11 32. To develop a policy to prevent nepotism in the 12 hiring of personnel or the selection of contractors. 13 The specifications of the powers herein granted are not 14 to be construed as exclusive but the board shall also 15 exercise all other powers that they may be requisite or 16 proper for the maintenance and the development of a public 17 school system, not inconsistent with the other provisions of 18 this Article or provisions of this Code which apply to all 19 school districts. 20 In addition to the powers herein granted and authorized 21 to be exercised by the board, it shall be the duty of the 22 board to review or to direct independent reviews of special 23 education expenditures and services. The board shall file a 24 report of such review with the General Assembly on or before 25 May 1, 1990. 26 (Source: P.A. 89-15, eff. 5-30-95; 89-397, eff. 8-20-95; 27 89-626, eff. 8-9-96; 90-22, eff. 6-20-97; 90-548, eff. 28 1-1-98.) 29 Section 25. The Housing Authorities Act is amended by 30 adding Section 6.1 as follows: 31 (310 ILCS 10/6.1 new) 32 Sec. 6.1. Power to deduct wages for debts. -24- LRB9203207MWpkam 1 (a) Upon receipt of notice from the comptroller of a 2 municipality with a population of 500,000 or more, a county 3 with a population of 3,000,000 or more, the Cook County 4 Forest Preserve District, the Chicago Park District, the 5 Metropolitan Water Reclamation District, the Chicago Transit 6 Authority, or the Chicago Board of Education that a debt is 7 due and owing the municipality, the county, 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 by an employee 11 of the housing authority of a municipality with a population 12 of 500,000 or more, that authority may withhold, from the 13 compensation of that employee, the amount of the debt that is 14 due and owing and pay the amount withheld to the 15 municipality, the county, the Cook County Forest Preserve 16 District, the Chicago Park District, the Metropolitan Water 17 Reclamation District, the Chicago Transit Authority, or the 18 Chicago Board of Education; provided, however, that the 19 amount deducted from any one salary or wage payment shall not 20 exceed 25% of the net amount of the payment. 21 (b) Before the housing authority of a municipality with 22 a population of 500,000 or more deducts any amount from any 23 salary or wage of an employee under this Section, the 24 municipality, the county, the Cook County Forest Preserve 25 District, the Chicago Park District, the Metropolitan Water 26 Reclamation District, the Chicago Transit Authority, or the 27 Chicago Board of Education shall certify that the employee 28 has been afforded an opportunity for a hearing to dispute the 29 debt that is due and owing the municipality, the county, the 30 Cook County Forest Preserve District, the Chicago Park 31 District, the Metropolitan Water Reclamation District, the 32 Chicago Transit Authority, or the Chicago Board of Education. 33 (c) For purposes of this Section: 34 (1) "Net amount" means that part of the salary or -25- LRB9203207MWpkam 1 wage payment remaining after the deduction of any amounts 2 required by law to be deducted. 3 (2) "Debt due and owing" means (i) a specified sum 4 of money owed to the municipality, the county, the Cook 5 County Forest Preserve District, the Chicago Park 6 District, the Metropolitan Water Reclamation District, 7 the Chicago Transit Authority, or the Chicago Board of 8 Education for services, work, or goods, after the period 9 granted for payment has expired, or (ii) a specified sum 10 of money owed to the municipality, the county, the Cook 11 County Forest Preserve District, the Chicago Park 12 District, the Metropolitan Water Reclamation District, 13 the Chicago Transit Authority, or the Chicago Board of 14 Education pursuant to a court order or order of an 15 administrative hearing officer after the exhaustion of, 16 or the failure to exhaust, judicial review. 17 Section 30. The Illinois Wage Payment and Collection Act 18 is amended by changing Section 9 as follows: 19 (820 ILCS 115/9) (from Ch. 48, par. 39m-9) 20 Sec. 9. Except as hereinafter provided, deductions by 21 employers from wages or final compensation are prohibited 22 unless such deductions are (1) required by law; (2) to the 23 benefit of the employee; (3) in response to a valid wage 24 assignment or wage deduction order; (4) made with the express 25 written consent of the employee, given freely at the time the 26 deduction is made; (5) made by a municipality with a 27 population of 500,000 or more, a county with a population of 28 3,000,000 or more, a community college district in a city 29 with a population of 500,000 or more, a housing authority in 30 a municipality with a population of 500,000 or more, the 31 Chicago Park District, the Metropolitan Transit Authority,or32 the ChicagoSchool ReformBoard of Education, the Cook County -26- LRB9203207MWpkam 1 Forest Preserve District, or the Metropolitan Water 2 Reclamation Districtof Trusteesto pay a debt owed by the 3 employee to a municipality with a population of 500,000 or 4 more, a county with a population of 3,000,000 or more, the 5 Cook County Forest Preserve, the Chicago Park District, the 6 Metropolitan Water Reclamation District, the Chicago Transit 7 Authority, the Chicago Board of Education, or a housing 8 authority of a municipality with a population of 500,000 or 9 more; provided, however, that the amount deducted from any 10 one salary or wage payment shall not exceed 25% of the net 11 amount of the payment; or (6) made by a housing authority in 12 a municipality with a population of 500,000 or more or a 13 municipality with a population of 500,000 or more to pay a 14 debt owed by the employee to a housing authority in a 15 municipality with a population of 500,000 or more; provided, 16 however, that the amount deducted from any one salary or wage 17 payment shall not exceed 25% of the net amount of the 18 payment. Before the municipality with a population of 500,000 19 or more, the community college district in a city with a 20 population of 500,000 or more, the Chicago Park District, the 21 Metropolitan Transit Authority, a housing authority in a 22 municipality with a population of 500,000 or more,orthe 23 Chicago Board of Education, the county with a population of 24 3,000,000 or more, the Cook County Forest Preserve District, 25 or the Metropolitan Water Reclamation DistrictSchool Reform26Board of Trusteesdeducts any amount from any salary or wage 27 of an employee to pay a debt owed to a municipality with a 28 population of 500,000 or more, a county with a population of 29 3,000,000 or more, the Cook County Forest Preserve District, 30 the Chicago Park District, the Metropolitan Water Reclamation 31 District, the Chicago Transit Authority, the Chicago Board of 32 Education, or a housing authority of a municipality with a 33 population of 500,000 or more under this Section, the 34 municipality, the county, the Cook County Forest Preserve -27- LRB9203207MWpkam 1 District, the Chicago Park District, the Metropolitan Water 2 Reclamation District, the Chicago Transit Authority, the 3 Chicago Board of Education, or a housing authority of a 4 municipality with a population of 500,000 or more shall 5 certify that the employee has been afforded an opportunity 6 for a hearing to dispute the debt that is due and owing the 7 municipality, the county, the Cook County Forest Preserve 8 District, the Chicago Park District, the Metropolitan Water 9 Reclamation District, the Chicago Transit Authority, the 10 Chicago Board of Education, or a housing authority of a 11 municipality with a population of 500,000 or more. Before a 12 housing authority in a municipality with a population of 13 500,000 or more or a municipality with a population of 14 500,000 or more, a county with a population of 3,000,000 or 15 more, the Cook County Forest Preserve District, the Chicago 16 Park District, the Metropolitan Water Reclamation District, 17 the Chicago Transit Authority, the Chicago Board of 18 Education, or a housing authority of a municipality with a 19 population of 500,000 or more deducts any amount from any 20 salary or wage of an employee to pay a debt owed to a housing 21 authority in a municipality with a population of 500,000 or 22 more under this Section, the housing authority shall certify 23 that the employee has been afforded an opportunity for a 24 hearing to dispute the debt that is due and owing the housing 25 authority. For purposes of this Section, "net amount" means 26 that part of the salary or wage payment remaining after the 27 deduction of any amounts required by law to be deducted and 28 "debt due and owing" means (i) a specified sum of money owed 29 to the municipality, county, the Cook County Forest Preserve 30 District, the Chicago Park District, the Metropolitan Water 31 Reclamation District, the Chicago Transit Authority, the 32 Chicago Board of Education, or housing authority for 33 services, work, or goods, after the period granted for 34 payment has expired, or (ii) a specified sum of money owed to -28- LRB9203207MWpkam 1 the municipality, county, the Cook County Forest Preserve 2 District, the Chicago Park District, the Metropolitan Water 3 Reclamation District, the Chicago Transit Authority, the 4 Chicago Board of Education or housing authority pursuant to a 5 court order or order of an administrative hearing officer 6 after the exhaustion of, or the failure to exhaust, judicial 7 review. Where the legitimacy of any deduction from wages is 8 in dispute, the amount in question may be withheld if the 9 employer notifies the Department of Labor on the date the 10 payment is due in writing of the amount that is being 11 withheld and stating the reasons for which the payment is 12 withheld. Upon such notification the Department of Labor 13 shall conduct an investigation and render a judgment as 14 promptly as possible, and shall complete such investigation 15 within 30 days of receipt of the notification by the employer 16 that wages have been withheld. The employer shall pay the 17 wages due upon order of the Department of Labor within 15 18 calendar days of issuance of a judgment on the dispute. 19 The Department shall establish rules to protect the 20 interests of both parties in cases of disputed deductions 21 from wages. Such rules shall include reasonable limitations 22 on the amount of deductions beyond those required by law 23 which may be made during any pay period by any employer. 24 In case of a dispute over wages, the employer shall pay, 25 without condition and within the time set by this Act, all 26 wages or parts thereof, conceded by him to be due, leaving to 27 the employee all remedies to which he may otherwise be 28 entitled as to any balance claimed. The acceptance by an 29 employee of a disputed paycheck shall not constitute a 30 release as to the balance of his claim and any release or 31 restrictive endorsement required by an employer as a 32 condition to payment shall be a violation of this Act and 33 shall be void. 34 (Source: P.A. 90-22, eff. 6-20-97; 91-443, eff. 8-6-99.) -29- LRB9203207MWpkam 1 Section 99. Effective date. This Act takes effect upon 2 becoming law.".