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92_SB0980eng SB980 Engrossed LRB9203206MWcd 1 AN ACT concerning local governments. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Counties Code is amended by adding 5 Section 3-14002.5 as follows: 6 (55 ILCS 5/3-14002.5 new) 7 Sec. 3-14002.5. Power to deduct wages for debts. 8 (a) Upon receipt of notice from the comptroller of a 9 municipality with a population of 500,000 or more, the Cook 10 County Forest Preserve District, the Chicago Park District, 11 the Metropolitan Water Reclamation District, the Chicago 12 Transit Authority, the Chicago Board of Education, or a 13 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 Cook County Forest Preserve District, the 16 Chicago Park District, the Metropolitan Water Reclamation 17 District, the Chicago Transit Authority, the Chicago Board of 18 Education, or the housing authority by an employee of a 19 county with a population of 3,000,000 or more, the county may 20 withhold, from the compensation of that employee, the amount 21 of the debt that is due and owing and pay the amount withheld 22 to the municipality, the Cook County Forest Preserve 23 District, the Chicago Park District, the Metropolitan Water 24 Reclamation District, the Chicago Transit Authority, the 25 Chicago Board of Education, or the housing authority; 26 provided, however, that the amount deducted from any one 27 salary or wage payment shall not exceed 25% of the net amount 28 of the payment. 29 (b) Before the county deducts any amount from any salary 30 or wage of an employee under this Section, the municipality, 31 the Cook County Forest Preserve District, the Chicago Park SB980 Engrossed -2- LRB9203206MWcd 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 (i) the employee has 4 been afforded an opportunity for a hearing to dispute the 5 debt that is due and owing the municipality, 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 and (ii) the employee has received notice of a wage 10 deduction order and has been afforded an opportunity for a 11 hearing to object to the order. 12 (c) For purposes of this Section: 13 (1) "Net amount" means that part of the salary or 14 wage payment remaining after the deduction of any amounts 15 required by law to be deducted. 16 (2) "Debt due and owing" means (i) a specified sum 17 of money owed to the municipality, the Cook County Forest 18 Preserve District, the Chicago Park District, the 19 Metropolitan Water Reclamation District, the Chicago 20 Transit Authority, the Chicago Board of Education, or the 21 housing authority for services, work, or goods, after the 22 period granted for payment has expired, or (ii) a 23 specified sum of money owed to the municipality, the Cook 24 County Forest Preserve District, the Chicago Park 25 District, the Metropolitan Water Reclamation District, 26 the Chicago Transit Authority, the Chicago Board of 27 Education, or the housing authority pursuant to a court 28 order or order of an administrative hearing officer after 29 the exhaustion of, or the failure to exhaust, judicial 30 review. 31 (d) Nothing in this Section is intended to affect the 32 power of a county to withhold the amount of any debt that is 33 due and owing the county by any of its employees. SB980 Engrossed -3- LRB9203206MWcd 1 Section 10. The Illinois Municipal Code is amended by 2 adding Section 10-4-8 as follows: 3 (65 ILCS 5/10-4-8 new) 4 Sec. 10-4-8. Power to deduct wages for debts. 5 (a) Upon receipt of notice from the comptroller of a 6 county with a population of 3,000,000 or more, the Cook 7 County Forest Preserve District, the Chicago Park District, 8 the Metropolitan Water Reclamation District, the Chicago 9 Transit Authority, the Chicago Board of Education, or a 10 housing authority of a municipality with a population of 11 500,000 or more that a debt is due and owing the county, the 12 Cook County Forest Preserve District, the Chicago Park 13 District, the Metropolitan Water Reclamation District, the 14 Chicago Transit Authority, the Chicago Board of Education, or 15 the housing authority by an employee of a municipality with a 16 population of 500,000 or more, the municipality may withhold, 17 from the compensation of that employee, the amount of the 18 debt that is due and owing and pay the amount withheld to the 19 county, the Cook County Forest Preserve District, the Chicago 20 Park District, the Metropolitan Water Reclamation District, 21 the Chicago Transit Authority, the Chicago Board of 22 Education, or the housing authority; provided, however, that 23 the amount deducted from any one salary or wage payment shall 24 not exceed 25% of the net amount of the payment. 25 (b) Before the municipality deducts any amount from any 26 salary or wage of an employee under this Section, the county, 27 the Cook County Forest Preserve District, the Chicago Park 28 District, the Metropolitan Water Reclamation District, the 29 Chicago Transit Authority, the Chicago Board of Education, or 30 the housing authority shall certify that (i) the employee 31 has been afforded an opportunity for a hearing to dispute the 32 debt that is due and owing the county, the Cook County Forest 33 Preserve District, the Chicago Park District, the SB980 Engrossed -4- LRB9203206MWcd 1 Metropolitan Water Reclamation District, the Chicago Transit 2 Authority, the Chicago Board of Education, or the housing 3 authority and (ii) the employee has received notice of a wage 4 deduction order and has been afforded an opportunity for a 5 hearing to object to the order. 6 (c) For purposes of this Section: 7 (1) "Net amount" means the 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 county, the Cook County Forest 12 Preserve District, the Chicago Park District, the 13 Metropolitan Water Reclamation District, the Chicago 14 Transit Authority, the Chicago Board of Education, or the 15 housing authority for services, work, or goods, after the 16 period granted for payment has expired, or (ii) a 17 specified sum of money owed to the county, the Cook 18 County Forest Preserve District, the Chicago Park 19 District, the Metropolitan Water Reclamation District, 20 the Chicago Transit Authority, the Chicago Board of 21 Education, or the housing authority pursuant to a court 22 order or order of an administrative hearing officer after 23 the exhaustion of, or the failure to exhaust, judicial 24 review. 25 (d) Nothing in this Section is intended to affect the 26 power of a municipality to withhold the amount of any debt 27 that is due and owing the municipality by any of its 28 employees. 29 Section 15. The Cook County Forest Preserve District Act 30 is amended by adding Section 17.5 as follows: 31 (70 ILCS 810/17.5 new) 32 Sec. 17.5. Power to deduct wages for debts. SB980 Engrossed -5- LRB9203206MWcd 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 Chicago Park 4 District, the Metropolitan Water Reclamation District, the 5 Chicago Transit Authority, the Chicago Board of Education, or 6 a housing authority of a municipality with a population of 7 500,000 or more that a debt is due and owing the 8 municipality, the county, the Chicago Park District, the 9 Metropolitan Water Reclamation District, the Chicago Transit 10 Authority, the Chicago Board of Education, or the housing 11 authority by an employee of the District, the District may 12 withhold, from the compensation of that employee, the amount 13 of the debt that is due and owing and pay the amount withheld 14 to the municipality, the county, the Chicago Park District, 15 the Metropolitan Water Reclamation District, the Chicago 16 Transit Authority, the Chicago Board of Education, or the 17 housing authority; provided, however, that the amount 18 deducted from any one salary or wage payment shall not exceed 19 25% of the net amount of the payment. 20 (b) Before the District deducts any amount from any 21 salary or wage of an employee under this Section, the 22 municipality, the county, the Chicago Park District, the 23 Metropolitan Water Reclamation District, the Chicago Transit 24 Authority, the Chicago Board of Education, or the housing 25 authority shall certify that (i) the employee has been 26 afforded an opportunity for a hearing to dispute the debt 27 that is due and owing the municipality, the county, the 28 Chicago Park District, the Metropolitan Water Reclamation 29 District, the Chicago Transit Authority, the Chicago Board of 30 Education, or the housing authority and (ii) the employee has 31 received notice of a wage deduction order and has been 32 afforded an opportunity for a hearing to object to the 33 order. 34 (c) For purposes of this Section: SB980 Engrossed -6- LRB9203206MWcd 1 (1) "Net amount" means that part of the salary or 2 wage payment remaining after the deduction of any amounts 3 required by law to be deducted. 4 (2) "Debt due and owing" means (i) a specified sum 5 of money owed to the municipality, the county, the 6 Chicago Park District, the Metropolitan Water Reclamation 7 District, the Chicago Transit Authority, the Chicago 8 Board of Education, or the housing authority for 9 services, work, or goods, after the period granted for 10 payment has expired, or (ii) a specified sum of money 11 owed to the municipality, the county, the Chicago Park 12 District, the Metropolitan Water Reclamation District, 13 the Chicago Transit Authority, the Chicago Board of 14 Education, 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 Section 17. The Chicago Park District Act is amended by 19 changing Section 16b as follows: 20 (70 ILCS 1505/16b) 21 Sec. 16b. Power to deduct wages formunicipaldebts. 22 Upon receipt of notice from the comptroller of a municipality 23 with a population of 500,000 or more, a county with a 24 population of 3,000,000 or more, the Cook County Forest 25 Preserve District, the Metropolitan Water Reclamation 26 District, the Chicago Transit Authority, the Chicago Board of 27 Education, or a housing authority of a municipality with a 28 population of 500,000 or more that a debt is due and owing 29 the municipality, the county, the Cook County Forest Preserve 30 District, the Metropolitan Water Reclamation District, the 31 Chicago Transit Authority, the Chicago Board of Education, or 32 the housing authority by an employee of the Chicago Park SB980 Engrossed -7- LRB9203206MWcd 1 District, the District may withhold, from the compensation of 2 that employee, the amount of the debt that is due and owing 3 and pay the amount withheld to the municipality, the county, 4 the Cook County Forest Preserve District, the Metropolitan 5 Water Reclamation District, the Chicago Transit Authority, 6 the Chicago Board of Education, or the housing authority; 7 provided, however, that the amount deducted from any one 8 salary or wage payment shall not exceed 25% of the net amount 9 of the payment. Before the District deducts any amount from 10 any salary or wage of an employee under this Section, the 11 municipality, the county, the Cook County Forest Preserve 12 District, the Metropolitan Water Reclamation District, the 13 Chicago Transit Authority, the Chicago Board of Education, or 14 the housing authority shall certify that (i) the employee has 15 been afforded an opportunity for a hearing to dispute the 16 debt that is due and owing the municipality, the county, the 17 Cook County Forest Preserve District, the Metropolitan Water 18 Reclamation District, the Chicago Transit Authority, the 19 Chicago Board of Education, or the housing authority and (ii) 20 the employee has received notice of a wage deduction order 21 and has been afforded an opportunity for a hearing to object 22 to the order. For purposes of this Section, "net amount" 23 means that part of the salary or wage payment remaining after 24 the deduction of any amounts required by law to be deducted 25 and "debt due and owing" means (i) a specified sum of money 26 owed to the municipality, the county, the Cook County Forest 27 Preserve District, the Metropolitan Water Reclamation 28 District, the Chicago Transit Authority, the Chicago Board of 29 Education, or the housing authority forcityservices, work, 30 or goods, after the period granted for payment has expired, 31 or (ii) a specified sum of money owed to the municipality, 32 the county, the Cook County Forest Preserve District, the 33 Metropolitan Water Reclamation District, the Chicago Transit 34 Authority, the Chicago Board of Education, or the housing SB980 Engrossed -8- LRB9203206MWcd 1 authority pursuant to a court order or order of an 2 administrative hearing officer after the exhaustion of, or 3 the failure to exhaust, judicial review. 4 (Source: P.A. 90-22, eff. 6-20-97.) 5 Section 20. The Metropolitan Water Reclamation District 6 Act is amended by adding Section 4.39 as follows: 7 (70 ILCS 2605/4.39 new) 8 Sec. 4.39. Power to deduct wages for debts. 9 (a) Upon receipt of notice from the comptroller of a 10 municipality with a population of 500,000 or more, a county 11 with a population of 3,000,000 or more, the Cook County 12 Forest Preserve District, the Chicago Park District, the 13 Chicago Transit Authority, the Chicago Board of Education, or 14 a housing authority of a municipality with a population of 15 500,000 or more that a debt is due and owing the 16 municipality, the county, the Cook County Forest Preserve 17 District, the Chicago Park District, the Chicago Transit 18 Authority, the Chicago Board of Education, or the housing 19 authority by an employee of the District, the District may 20 withhold, from the compensation of that employee, the amount 21 of the debt that is due and owing and pay the amount withheld 22 to the municipality, the county, the Cook County Forest 23 Preserve District, the Chicago Park District, the Chicago 24 Transit Authority, the Chicago Board of Education, or the 25 housing authority; provided, however, that the amount 26 deducted from any one salary or wage payment shall not exceed 27 25% of the net amount of the payment. 28 (b) Before the District deducts any amount from any 29 salary or wage of an employee under this Section, the 30 municipality, the county, the Cook County Forest Preserve 31 District, the Chicago Park District, the Chicago Transit 32 Authority, the Chicago Board of Education, or the housing SB980 Engrossed -9- LRB9203206MWcd 1 authority shall certify that (i) the employee has been 2 afforded an opportunity for a hearing to dispute the debt 3 that is due and owing the municipality, the county, the Cook 4 County Forest Preserve District, the Chicago Park District, 5 the Chicago Transit Authority, the Chicago Board of 6 Education, or the housing authority and (ii) the employee has 7 received notice of a wage deduction order and has been 8 afforded an opportunity for a hearing to object to the 9 order. 10 (c) For purposes of this Section: 11 (1) "Net amount" means that 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 municipality, the county, the Cook 16 County Forest Preserve District, the Chicago Park 17 District, the Chicago Transit Authority, the Chicago 18 Board of Education, or the housing authority for 19 services, work, or goods, after the period granted for 20 payment has expired, or (ii) a specified sum of money 21 owed to the municipality, the county, the Cook County 22 Forest Preserve District, the Chicago Park District, the 23 Chicago Transit Authority, the Chicago Board of 24 Education, or the housing authority pursuant to a court 25 order or order of an administrative hearing officer after 26 the exhaustion of, or the failure to exhaust, judicial 27 review. 28 Section 22. The Metropolitan Transit Authority Act is 29 amended by changing Section 28c as follows: 30 (70 ILCS 3605/28c) 31 Sec. 28c. Power to deduct wages formunicipaldebts. 32 Upon receipt of notice from the comptroller of a municipality SB980 Engrossed -10- LRB9203206MWcd 1 with a population of 500,000 or more, a county with a 2 population of 3,000,000 or more, the Cook County Forest 3 Preserve District, the Chicago Park District, the 4 Metropolitan Water Reclamation District, the Chicago Board of 5 Education, or a housing authority of a municipality with a 6 population of 500,000 or more that a debt is due and owing 7 the municipality, the county, the Cook County Forest Preserve 8 District, the Chicago Park District, the Metropolitan Water 9 Reclamation District, the Chicago Board of Education, or the 10 housing authority by an employee of the Authority, the 11 Authority may withhold, from the compensation of that 12 employee, the amount of the debt that is due and owing and 13 pay the amount withheld to the municipality, the county, the 14 Cook County Forest Preserve District, the Chicago Park 15 District, the Metropolitan Water Reclamation District, the 16 Chicago Board of Education, or the housing authority; 17 provided, however, that the amount deducted from any one 18 salary or wage payment shall not exceed 25% of the net amount 19 of the payment. Before the Authority deducts any amount from 20 any salary or wage of an employee under this Section, the 21 municipality, the county, the Cook County Forest Preserve 22 District, the Chicago Park District, the Metropolitan Water 23 Reclamation District, the Chicago Board of Education, or the 24 housing authority shall certify that (i) the employee has 25 been afforded an opportunity for a hearing to dispute the 26 debt that is due and owing the municipality, the county, the 27 Cook County Forest Preserve District, the Chicago Park 28 District, the Metropolitan Water Reclamation District, the 29 Chicago Board of Education, or the housing authority and (ii) 30 the employee has received notice of a wage deduction order 31 and has been afforded an opportunity for a hearing to object 32 to the order. For purposes of this Section, "net amount" 33 means that part of the salary or wage payment remaining after 34 the deduction of any amounts required by law to be deducted SB980 Engrossed -11- LRB9203206MWcd 1 and "debt due and owing" means (i) a specified sum of money 2 owed to the municipality, the county, the Cook County Forest 3 Preserve District, the Chicago Park District, the 4 Metropolitan Water Reclamation District, the Chicago Board of 5 Education, or the housing authority forcityservices, work, 6 or goods, after the period granted for payment has expired, 7 or (ii) a specified sum of money owed to the municipality, 8 the county, the Cook County Forest Preserve District, the 9 Chicago Park District, the Metropolitan Water Reclamation 10 District, the Chicago Board of Education, or the housing 11 authority pursuant to a court order or order of an 12 administrative hearing officer after the exhaustion of, or 13 the failure to exhaust, judicial review. 14 (Source: P.A. 90-22, eff. 6-20-97.) 15 Section 23. The School Code is amended by changing 16 Section 34-18 as follows: 17 (105 ILCS 5/34-18) (from Ch. 122, par. 34-18) 18 Sec. 34-18. Powers of the board. The board shall 19 exercise general supervision and jurisdiction over the public 20 education and the public school system of the city, and, 21 except as otherwise provided by this Article, shall have 22 power: 23 1. To make suitable provision for the establishment 24 and maintenance throughout the year or for such portion 25 thereof as it may direct, not less than 9 months, of 26 schools of all grades and kinds, including normal 27 schools, high schools, night schools, schools for 28 defectives and delinquents, parental and truant schools, 29 schools for the blind, the deaf and the crippled, schools 30 or classes in manual training, constructural and 31 vocational teaching, domestic arts and physical culture, 32 vocation and extension schools and lecture courses, and SB980 Engrossed -12- LRB9203206MWcd 1 all other educational courses and facilities, including 2 establishing, equipping, maintaining and operating 3 playgrounds and recreational programs, when such programs 4 are conducted in, adjacent to, or connected with any 5 public school under the general supervision and 6 jurisdiction of the board; provided, however, that in 7 allocating funds from year to year for the operation of 8 all attendance centers within the district, the board 9 shall ensure that supplemental general State aid funds 10 are allocated and applied in accordance with Section 18-8 11 or 18-8.05. To admit to such schools without charge 12 foreign exchange students who are participants in an 13 organized exchange student program which is authorized by 14 the board. The board shall permit all students to enroll 15 in apprenticeship programs in trade schools operated by 16 the board, whether those programs are union-sponsored or 17 not. No student shall be refused admission into or be 18 excluded from any course of instruction offered in the 19 common schools by reason of that student's sex. No 20 student shall be denied equal access to physical 21 education and interscholastic athletic programs supported 22 from school district funds or denied participation in 23 comparable physical education and athletic programs 24 solely by reason of the student's sex. Equal access to 25 programs supported from school district funds and 26 comparable programs will be defined in rules promulgated 27 by the State Board of Education in consultation with the 28 Illinois High School Association. Notwithstanding any 29 other provision of this Article, neither the board of 30 education nor any local school council or other school 31 official shall recommend that children with disabilities 32 be placed into regular education classrooms unless those 33 children with disabilities are provided with 34 supplementary services to assist them so that they SB980 Engrossed -13- LRB9203206MWcd 1 benefit from the regular classroom instruction and are 2 included on the teacher's regular education class 3 register; 4 2. To furnish lunches to pupils, to make a 5 reasonable charge therefor, and to use school funds for 6 the payment of such expenses as the board may determine 7 are necessary in conducting the school lunch program; 8 3. To co-operate with the circuit court; 9 4. To make arrangements with the public or 10 quasi-public libraries and museums for the use of their 11 facilities by teachers and pupils of the public schools; 12 5. To employ dentists and prescribe their duties 13 for the purpose of treating the pupils in the schools, 14 but accepting such treatment shall be optional with 15 parents or guardians; 16 6. To grant the use of assembly halls and 17 classrooms when not otherwise needed, including light, 18 heat, and attendants, for free public lectures, concerts, 19 and other educational and social interests, free of 20 charge, under such provisions and control as the 21 principal of the affected attendance center may 22 prescribe; 23 7. To apportion the pupils to the several schools; 24 provided that no pupil shall be excluded from or 25 segregated in any such school on account of his color, 26 race, sex, or nationality. The board shall take into 27 consideration the prevention of segregation and the 28 elimination of separation of children in public schools 29 because of color, race, sex, or nationality. Except that 30 children may be committed to or attend parental and 31 social adjustment schools established and maintained 32 either for boys or girls only. All records pertaining to 33 the creation, alteration or revision of attendance areas 34 shall be open to the public. Nothing herein shall limit SB980 Engrossed -14- LRB9203206MWcd 1 the board's authority to establish multi-area attendance 2 centers or other student assignment systems for 3 desegregation purposes or otherwise, and to apportion the 4 pupils to the several schools. Furthermore, beginning in 5 school year 1994-95, pursuant to a board plan adopted by 6 October 1, 1993, the board shall offer, commencing on a 7 phased-in basis, the opportunity for families within the 8 school district to apply for enrollment of their children 9 in any attendance center within the school district which 10 does not have selective admission requirements approved 11 by the board. The appropriate geographical area in which 12 such open enrollment may be exercised shall be determined 13 by the board of education. Such children may be admitted 14 to any such attendance center on a space available basis 15 after all children residing within such attendance 16 center's area have been accommodated. If the number of 17 applicants from outside the attendance area exceed the 18 space available, then successful applicants shall be 19 selected by lottery. The board of education's open 20 enrollment plan must include provisions that allow low 21 income students to have access to transportation needed 22 to exercise school choice. Open enrollment shall be in 23 compliance with the provisions of the Consent Decree and 24 Desegregation Plan cited in Section 34-1.01; 25 8. To approve programs and policies for providing 26 transportation services to students. Nothing herein shall 27 be construed to permit or empower the State Board of 28 Education to order, mandate, or require busing or other 29 transportation of pupils for the purpose of achieving 30 racial balance in any school; 31 9. Subject to the limitations in this Article, to 32 establish and approve system-wide curriculum objectives 33 and standards, including graduation standards, which 34 reflect the multi-cultural diversity in the city and are SB980 Engrossed -15- LRB9203206MWcd 1 consistent with State law, provided that for all purposes 2 of this Article courses or proficiency in American Sign 3 Language shall be deemed to constitute courses or 4 proficiency in a foreign language; and to employ 5 principals and teachers, appointed as provided in this 6 Article, and fix their compensation. The board shall 7 prepare such reports related to minimal competency 8 testing as may be requested by the State Board of 9 Education, and in addition shall monitor and approve 10 special education and bilingual education programs and 11 policies within the district to assure that appropriate 12 services are provided in accordance with applicable State 13 and federal laws to children requiring services and 14 education in those areas; 15 10. To employ non-teaching personnel or utilize 16 volunteer personnel for: (i) non-teaching duties not 17 requiring instructional judgment or evaluation of pupils, 18 including library duties; and (ii) supervising study 19 halls, long distance teaching reception areas used 20 incident to instructional programs transmitted by 21 electronic media such as computers, video, and audio, 22 detention and discipline areas, and school-sponsored 23 extracurricular activities. The board may further utilize 24 volunteer non-certificated personnel or employ 25 non-certificated personnel to assist in the instruction 26 of pupils under the immediate supervision of a teacher 27 holding a valid certificate, directly engaged in teaching 28 subject matter or conducting activities; provided that 29 the teacher shall be continuously aware of the 30 non-certificated persons' activities and shall be able to 31 control or modify them. The general superintendent shall 32 determine qualifications of such personnel and shall 33 prescribe rules for determining the duties and activities 34 to be assigned to such personnel; SB980 Engrossed -16- LRB9203206MWcd 1 11. To provide television studio facilities in not 2 to exceed one school building and to provide programs for 3 educational purposes, provided, however, that the board 4 shall not construct, acquire, operate, or maintain a 5 television transmitter; to grant the use of its studio 6 facilities to a licensed television station located in 7 the school district; and to maintain and operate not to 8 exceed one school radio transmitting station and provide 9 programs for educational purposes; 10 12. To offer, if deemed appropriate, outdoor 11 education courses, including field trips within the State 12 of Illinois, or adjacent states, and to use school 13 educational funds for the expense of the said outdoor 14 educational programs, whether within the school district 15 or not; 16 13. During that period of the calendar year not 17 embraced within the regular school term, to provide and 18 conduct courses in subject matters normally embraced in 19 the program of the schools during the regular school term 20 and to give regular school credit for satisfactory 21 completion by the student of such courses as may be 22 approved for credit by the State Board of Education; 23 14. To insure against any loss or liability of the 24 board, the former School Board Nominating Commission, 25 Local School Councils, the Chicago Schools Academic 26 Accountability Council, or the former Subdistrict 27 Councils or of any member, officer, agent or employee 28 thereof, resulting from alleged violations of civil 29 rights arising from incidents occurring on or after 30 September 5, 1967 or from the wrongful or negligent act 31 or omission of any such person whether occurring within 32 or without the school premises, provided the officer, 33 agent or employee was, at the time of the alleged 34 violation of civil rights or wrongful act or omission, SB980 Engrossed -17- LRB9203206MWcd 1 acting within the scope of his employment or under 2 direction of the board, the former School Board 3 Nominating Commission, the Chicago Schools Academic 4 Accountability Council, Local School Councils, or the 5 former Subdistrict Councils; and to provide for or 6 participate in insurance plans for its officers and 7 employees, including but not limited to retirement 8 annuities, medical, surgical and hospitalization benefits 9 in such types and amounts as may be determined by the 10 board; provided, however, that the board shall contract 11 for such insurance only with an insurance company 12 authorized to do business in this State. Such insurance 13 may include provision for employees who rely on treatment 14 by prayer or spiritual means alone for healing, in 15 accordance with the tenets and practice of a recognized 16 religious denomination; 17 15. To contract with the corporate authorities of 18 any municipality or the county board of any county, as 19 the case may be, to provide for the regulation of traffic 20 in parking areas of property used for school purposes, in 21 such manner as is provided by Section 11-209 of The 22 Illinois Vehicle Code, approved September 29, 1969, as 23 amended; 24 16. To provide, on an equal basis, access to the 25 school campus to the official recruiting representatives 26 of the armed forces of Illinois and the United States for 27 the purposes of informing students of the educational and 28 career opportunities available in the military if the 29 board has provided such access to persons or groups whose 30 purpose is to acquaint students with educational or 31 occupational opportunities available to them. The board 32 is not required to give greater notice regarding the 33 right of access to recruiting representatives than is 34 given to other persons and groups; SB980 Engrossed -18- LRB9203206MWcd 1 17. (a) To sell or market any computer program 2 developed by an employee of the school district, provided 3 that such employee developed the computer program as a 4 direct result of his or her duties with the school 5 district or through the utilization of the school 6 district resources or facilities. The employee who 7 developed the computer program shall be entitled to share 8 in the proceeds of such sale or marketing of the computer 9 program. The distribution of such proceeds between the 10 employee and the school district shall be as agreed upon 11 by the employee and the school district, except that 12 neither the employee nor the school district may receive 13 more than 90% of such proceeds. The negotiation for an 14 employee who is represented by an exclusive bargaining 15 representative may be conducted by such bargaining 16 representative at the employee's request. 17 (b) For the purpose of this paragraph 17: 18 (1) "Computer" means an internally programmed, 19 general purpose digital device capable of 20 automatically accepting data, processing data and 21 supplying the results of the operation. 22 (2) "Computer program" means a series of coded 23 instructions or statements in a form acceptable to a 24 computer, which causes the computer to process data 25 in order to achieve a certain result. 26 (3) "Proceeds" means profits derived from 27 marketing or sale of a product after deducting the 28 expenses of developing and marketing such product; 29 18. To delegate to the general superintendent of 30 schools, by resolution, the authority to approve 31 contracts and expenditures in amounts of $10,000 or less; 32 19. Upon the written request of an employee, to 33 withhold from the compensation of that employee any dues, 34 payments or contributions payable by such employee to any SB980 Engrossed -19- LRB9203206MWcd 1 labor organization as defined in the Illinois Educational 2 Labor Relations Act. Under such arrangement, an amount 3 shall be withheld from each regular payroll period which 4 is equal to the pro rata share of the annual dues plus 5 any payments or contributions, and the board shall 6 transmit such withholdings to the specified labor 7 organization within 10 working days from the time of the 8 withholding; 9 19a. Upon receipt of notice from the comptroller of 10 a municipality with a population of 500,000 or more, a 11 county with a population of 3,000,000 or more, the Cook 12 County Forest Preserve District, the Chicago Park 13 District, the Metropolitan Water Reclamation District, 14 the Chicago Transit Authority, or a housing authority of 15 a municipality with a population of 500,000 or more that 16 a debt is due and owing the municipality, the county, the 17 Cook County Forest Preserve District, the Chicago Park 18 District, the Metropolitan Water Reclamation District, 19 the Chicago Transit Authority, or the housing authority 20 by an employee of the Chicago Board of EducationSchool21Reform Board of Trustees, to withhold, from the 22 compensation of that employee, the amount of the debt 23 that is due and owing and pay the amount withheld to the 24 municipality, the county, the Cook County Forest Preserve 25 District, the Chicago Park District, the Metropolitan 26 Water Reclamation District, the Chicago Transit 27 Authority, or the housing authority; provided, however, 28 that the amount deducted from any one salary or wage 29 payment shall not exceed 25% of the net amount of the 30 payment. Before the Board deducts any amount from any 31 salary or wage of an employee under this paragraph, the 32 municipality, the county, the Cook County Forest Preserve 33 District, the Chicago Park District, the Metropolitan 34 Water Reclamation District, the Chicago Transit SB980 Engrossed -20- LRB9203206MWcd 1 Authority, or the housing authority shall certify that 2 (i) the employee has been afforded an opportunity for a 3 hearing to dispute the debt that is due and owing the 4 municipality, the county, the Cook County Forest Preserve 5 District, the Chicago Park District, the Metropolitan 6 Water Reclamation District, the Chicago Transit 7 Authority, or the housing authority and (ii) the employee 8 has received notice of a wage deduction order and has 9 been afforded an opportunity for a hearing to object to 10 the order. For purposes of this paragraph, "net amount" 11 means that part of the salary or wage payment remaining 12 after the deduction of any amounts required by law to be 13 deducted and "debt due and owing" means (i) a specified 14 sum of money owed to the municipality, the county, the 15 Cook County Forest Preserve District, the Chicago Park 16 District, the Metropolitan Water Reclamation District, 17 the Chicago Transit Authority, or the housing authority 18 forcityservices, work, or goods, after the period 19 granted for payment has expired, or (ii) a specified sum 20 of money owed to the municipality, the county, the Cook 21 County Forest Preserve District, the Chicago Park 22 District, the Metropolitan Water Reclamation District, 23 the Chicago Transit Authority, or the housing authority 24 pursuant to a court order or order of an administrative 25 hearing officer after the exhaustion of, or the failure 26 to exhaust, judicial review; 27 20. The board is encouraged to employ a sufficient 28 number of certified school counselors to maintain a 29 student/counselor ratio of 250 to 1 by July 1, 1990. 30 Each counselor shall spend at least 75% of his work time 31 in direct contact with students and shall maintain a 32 record of such time; 33 21. To make available to students vocational and 34 career counseling and to establish 5 special career SB980 Engrossed -21- LRB9203206MWcd 1 counseling days for students and parents. On these days 2 representatives of local businesses and industries shall 3 be invited to the school campus and shall inform students 4 of career opportunities available to them in the various 5 businesses and industries. Special consideration shall 6 be given to counseling minority students as to career 7 opportunities available to them in various fields. For 8 the purposes of this paragraph, minority student means a 9 person who is: 10 (a) Black (a person having origins in any of 11 the black racial groups in Africa); 12 (b) Hispanic (a person of Spanish or 13 Portuguese culture with origins in Mexico, South or 14 Central America, or the Caribbean islands, 15 regardless of race); 16 (c) Asian American (a person having origins in 17 any of the original peoples of the Far East, 18 Southeast Asia, the Indian Subcontinent or the 19 Pacific Islands); or 20 (d) American Indian or Alaskan Native (a 21 person having origins in any of the original peoples 22 of North America). 23 Counseling days shall not be in lieu of regular 24 school days; 25 22. To report to the State Board of Education the 26 annual student dropout rate and number of students who 27 graduate from, transfer from or otherwise leave bilingual 28 programs; 29 23. Except as otherwise provided in the Abused and 30 Neglected Child Reporting Act or other applicable State 31 or federal law, to permit school officials to withhold, 32 from any person, information on the whereabouts of any 33 child removed from school premises when the child has 34 been taken into protective custody as a victim of SB980 Engrossed -22- LRB9203206MWcd 1 suspected child abuse. School officials shall direct 2 such person to the Department of Children and Family 3 Services, or to the local law enforcement agency if 4 appropriate; 5 24. To develop a policy, based on the current state 6 of existing school facilities, projected enrollment and 7 efficient utilization of available resources, for capital 8 improvement of schools and school buildings within the 9 district, addressing in that policy both the relative 10 priority for major repairs, renovations and additions to 11 school facilities, and the advisability or necessity of 12 building new school facilities or closing existing 13 schools to meet current or projected demographic patterns 14 within the district; 15 25. To make available to the students in every high 16 school attendance center the ability to take all courses 17 necessary to comply with the Board of Higher Education's 18 college entrance criteria effective in 1993; 19 26. To encourage mid-career changes into the 20 teaching profession, whereby qualified professionals 21 become certified teachers, by allowing credit for 22 professional employment in related fields when 23 determining point of entry on teacher pay scale; 24 27. To provide or contract out training programs 25 for administrative personnel and principals with revised 26 or expanded duties pursuant to this Act in order to 27 assure they have the knowledge and skills to perform 28 their duties; 29 28. To establish a fund for the prioritized special 30 needs programs, and to allocate such funds and other lump 31 sum amounts to each attendance center in a manner 32 consistent with the provisions of part 4 of Section 33 34-2.3. Nothing in this paragraph shall be construed to 34 require any additional appropriations of State funds for SB980 Engrossed -23- LRB9203206MWcd 1 this purpose; 2 29. (Blank); 3 30. Notwithstanding any other provision of this Act 4 or any other law to the contrary, to contract with third 5 parties for services otherwise performed by employees, 6 including those in a bargaining unit, and to layoff those 7 employees upon 14 days written notice to the affected 8 employees. Those contracts may be for a period not to 9 exceed 5 years and may be awarded on a system-wide basis; 10 31. To promulgate rules establishing procedures 11 governing the layoff or reduction in force of employees 12 and the recall of such employees, including, but not 13 limited to, criteria for such layoffs, reductions in 14 force or recall rights of such employees and the weight 15 to be given to any particular criterion. Such criteria 16 shall take into account factors including, but not be 17 limited to, qualifications, certifications, experience, 18 performance ratings or evaluations, and any other factors 19 relating to an employee's job performance; and 20 32. To develop a policy to prevent nepotism in the 21 hiring of personnel or the selection of contractors. 22 The specifications of the powers herein granted are not 23 to be construed as exclusive but the board shall also 24 exercise all other powers that they may be requisite or 25 proper for the maintenance and the development of a public 26 school system, not inconsistent with the other provisions of 27 this Article or provisions of this Code which apply to all 28 school districts. 29 In addition to the powers herein granted and authorized 30 to be exercised by the board, it shall be the duty of the 31 board to review or to direct independent reviews of special 32 education expenditures and services. The board shall file a 33 report of such review with the General Assembly on or before 34 May 1, 1990. SB980 Engrossed -24- LRB9203206MWcd 1 (Source: P.A. 89-15, eff. 5-30-95; 89-397, eff. 8-20-95; 2 89-626, eff. 8-9-96; 90-22, eff. 6-20-97; 90-548, eff. 3 1-1-98.) 4 Section 25. The Housing Authorities Act is amended by 5 adding Section 6.1 as follows: 6 (310 ILCS 10/6.1 new) 7 Sec. 6.1. 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 Cook County 11 Forest Preserve District, the Chicago Park District, the 12 Metropolitan Water Reclamation District, the Chicago Transit 13 Authority, or the Chicago Board of Education that a debt is 14 due and owing the municipality, the county, the Cook County 15 Forest Preserve District, the Chicago Park District, the 16 Metropolitan Water Reclamation District, the Chicago Transit 17 Authority, or the Chicago Board of Education by an employee 18 of the housing authority of a municipality with a population 19 of 500,000 or more, that authority may withhold, from the 20 compensation of that employee, the amount of the debt that is 21 due and owing and pay the amount withheld to the 22 municipality, the county, the Cook County Forest Preserve 23 District, the Chicago Park District, the Metropolitan Water 24 Reclamation District, the Chicago Transit Authority, or the 25 Chicago Board of Education; provided, however, that the 26 amount deducted from any one salary or wage payment shall not 27 exceed 25% of the net amount of the payment. 28 (b) Before the housing authority of a municipality with 29 a population of 500,000 or more deducts any amount from any 30 salary or wage of an employee under this Section, the 31 municipality, the county, the Cook County Forest Preserve 32 District, the Chicago Park District, the Metropolitan Water SB980 Engrossed -25- LRB9203206MWcd 1 Reclamation District, the Chicago Transit Authority, or the 2 Chicago Board of Education shall certify that (i) the 3 employee has been afforded an opportunity for a hearing to 4 dispute the debt that is due and owing the municipality, the 5 county, the Cook County Forest Preserve District, the Chicago 6 Park District, the Metropolitan Water Reclamation District, 7 the Chicago Transit Authority, or the Chicago Board of 8 Education and (ii) the employee has received notice of a wage 9 deduction order and has been afforded an opportunity for a 10 hearing to object to the order. 11 (c) For purposes of this Section: 12 (1) "Net amount" means that part of the salary or 13 wage payment remaining after the deduction of any amounts 14 required by law to be deducted. 15 (2) "Debt due and owing" means (i) a specified sum 16 of money owed to the municipality, the county, the Cook 17 County Forest Preserve District, the Chicago Park 18 District, the Metropolitan Water Reclamation District, 19 the Chicago Transit Authority, or the Chicago Board of 20 Education for services, work, or goods, after the period 21 granted for payment has expired, or (ii) a specified sum 22 of money owed to the municipality, the county, the Cook 23 County Forest Preserve District, the Chicago Park 24 District, the Metropolitan Water Reclamation District, 25 the Chicago Transit Authority, or the Chicago Board of 26 Education pursuant to a court order or order of an 27 administrative hearing officer after the exhaustion of, 28 or the failure to exhaust, judicial review. 29 Section 30. The Illinois Wage Payment and Collection Act 30 is amended by changing Section 9 as follows: 31 (820 ILCS 115/9) (from Ch. 48, par. 39m-9) 32 Sec. 9. Except as hereinafter provided, deductions by SB980 Engrossed -26- LRB9203206MWcd 1 employers from wages or final compensation are prohibited 2 unless such deductions are (1) required by law; (2) to the 3 benefit of the employee; (3) in response to a valid wage 4 assignment or wage deduction order; (4) made with the express 5 written consent of the employee, given freely at the time the 6 deduction is made; (5) made by a municipality with a 7 population of 500,000 or more, a county with a population of 8 3,000,000 or more, a community college district in a city 9 with a population of 500,000 or more, a housing authority in 10 a municipality with a population of 500,000 or more, the 11 Chicago Park District, the Metropolitan Transit Authority,or12 the ChicagoSchool ReformBoard of Education, the Cook County 13 Forest Preserve District, or the Metropolitan Water 14 Reclamation Districtof Trusteesto pay a debt owed by the 15 employee to a municipality with a population of 500,000 or 16 more, a county with a population of 3,000,000 or more, the 17 Cook County Forest Preserve, the Chicago Park District, the 18 Metropolitan Water Reclamation District, the Chicago Transit 19 Authority, the Chicago Board of Education, or a housing 20 authority of a municipality with a population of 500,000 or 21 more; provided, however, that the amount deducted from any 22 one salary or wage payment shall not exceed 25% of the net 23 amount of the payment; or (6) made by a housing authority in 24 a municipality with a population of 500,000 or more or a 25 municipality with a population of 500,000 or more to pay a 26 debt owed by the employee to a housing authority in a 27 municipality with a population of 500,000 or more; provided, 28 however, that the amount deducted from any one salary or wage 29 payment shall not exceed 25% of the net amount of the 30 payment. Before the municipality with a population of 500,000 31 or more, the community college district in a city with a 32 population of 500,000 or more, the Chicago Park District, the 33 Metropolitan Transit Authority, a housing authority in a 34 municipality with a population of 500,000 or more,orthe SB980 Engrossed -27- LRB9203206MWcd 1 Chicago Board of Education, the county with a population of 2 3,000,000 or more, the Cook County Forest Preserve District, 3 or the Metropolitan Water Reclamation DistrictSchool Reform4Board of Trusteesdeducts any amount from any salary or wage 5 of an employee to pay a debt owed to a municipality with a 6 population of 500,000 or more, a county with a population of 7 3,000,000 or more, the Cook County Forest Preserve District, 8 the Chicago Park District, the Metropolitan Water Reclamation 9 District, the Chicago Transit Authority, the Chicago Board of 10 Education, or a housing authority of a municipality with a 11 population of 500,000 or more under this Section, the 12 municipality, the county, the Cook County Forest Preserve 13 District, the Chicago Park District, the Metropolitan Water 14 Reclamation District, the Chicago Transit Authority, the 15 Chicago Board of Education, or a housing authority of a 16 municipality with a population of 500,000 or more shall 17 certify that (i) the employee has been afforded an 18 opportunity for a hearing to dispute the debt that is due and 19 owing the municipality, the county, the Cook County Forest 20 Preserve District, the Chicago Park District, the 21 Metropolitan Water Reclamation District, the Chicago Transit 22 Authority, the Chicago Board of Education, or a housing 23 authority of a municipality with a population of 500,000 or 24 more and (ii) the employee has received notice of a wage 25 deduction order and has been afforded an opportunity for a 26 hearing to object to the order. Before a housing authority 27 in a municipality with a population of 500,000 or more or a 28 municipality with a population of 500,000 or more, a county 29 with a population of 3,000,000 or more, the Cook County 30 Forest Preserve District, the Chicago Park District, the 31 Metropolitan Water Reclamation District, the Chicago Transit 32 Authority, or the Chicago Board of Education deducts any 33 amount from any salary or wage of an employee to pay a debt 34 owed to a housing authority in a municipality with a SB980 Engrossed -28- LRB9203206MWcd 1 population of 500,000 or more under this Section, the housing 2 authority shall certify that (i) the employee has been 3 afforded an opportunity for a hearing to dispute the debt 4 that is due and owing the housing authority and (ii) the 5 employee has received notice of a wage deduction order and 6 has been afforded an opportunity for a hearing to object to 7 the order. For purposes of this Section, "net amount" means 8 that part of the salary or wage payment remaining after the 9 deduction of any amounts required by law to be deducted and 10 "debt due and owing" means (i) a specified sum of money owed 11 to the municipality, the county, the Cook County Forest 12 Preserve District, the Chicago Park District, the 13 Metropolitan Water Reclamation District, the Chicago Transit 14 Authority, the Chicago Board of Education, or housing 15 authority for services, work, or goods, after the period 16 granted for payment has expired, or (ii) a specified sum of 17 money owed to the municipality, the county, the Cook County 18 Forest Preserve District, the Chicago Park District, the 19 Metropolitan Water Reclamation District, the Chicago Transit 20 Authority, the Chicago Board of Education or housing 21 authority pursuant to a court order or order of an 22 administrative hearing officer after the exhaustion of, or 23 the failure to exhaust, judicial review. Where the 24 legitimacy of any deduction from wages is in dispute, the 25 amount in question may be withheld if the employer notifies 26 the Department of Labor on the date the payment is due in 27 writing of the amount that is being withheld and stating the 28 reasons for which the payment is withheld. Upon such 29 notification the Department of Labor shall conduct an 30 investigation and render a judgment as promptly as possible, 31 and shall complete such investigation within 30 days of 32 receipt of the notification by the employer that wages have 33 been withheld. The employer shall pay the wages due upon 34 order of the Department of Labor within 15 calendar days of SB980 Engrossed -29- LRB9203206MWcd 1 issuance of a judgment on the dispute. 2 The Department shall establish rules to protect the 3 interests of both parties in cases of disputed deductions 4 from wages. Such rules shall include reasonable limitations 5 on the amount of deductions beyond those required by law 6 which may be made during any pay period by any employer. 7 In case of a dispute over wages, the employer shall pay, 8 without condition and within the time set by this Act, all 9 wages or parts thereof, conceded by him to be due, leaving to 10 the employee all remedies to which he may otherwise be 11 entitled as to any balance claimed. The acceptance by an 12 employee of a disputed paycheck shall not constitute a 13 release as to the balance of his claim and any release or 14 restrictive endorsement required by an employer as a 15 condition to payment shall be a violation of this Act and 16 shall be void. 17 (Source: P.A. 90-22, eff. 6-20-97; 91-443, eff. 8-6-99.) 18 Section 99. Effective date. This Act takes effect upon 19 becoming law.