Bill Text: IL HB3816 | 2011-2012 | 97th General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Gubernatorial Boards and Commissions Act. Provides that if a board or commission has not met at least once during a period of 2 consecutive years, then the board or commission is dissolved immediately after that 2-year period. Effective immediately.

Spectrum: Moderate Partisan Bill (Democrat 13-2)

Status: (Passed) 2013-01-25 - Public Act . . . . . . . . . 97-1151 [HB3816 Detail]

Download: Illinois-2011-HB3816-Amended.html

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Sen. Linda Holmes

Filed: 11/27/2012

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AMENDMENT TO HOUSE BILL 3816
AMENDMENT NO. ______. Amend House Bill 3816 by replacing
everything after the enacting clause with the following:
"Section 5. The Illinois Criminal Justice Information Act
is amended by changing Sections 2 and 4 and by adding Sections
10.1 and 10.2 as follows:
(20 ILCS 3930/2) (from Ch. 38, par. 210-2)
Sec. 2. Purpose of Act. The purpose of this Act is to
coordinate the use of information in the criminal justice
system; to promulgate effective criminal justice information
policy; to encourage the improvement of criminal justice agency
procedures and practices with respect to information; to
provide new information technologies; to permit the evaluation
of information practices and programs; to stimulate research
and development of new methods and uses of criminal justice
information for the improvement of the criminal justice system

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and the reduction of crime; and to protect the integrity of
criminal history record information, while protecting the
citizen's right to privacy; and to coordinate statewide
violence prevention efforts and develop a statewide plan that
includes public health and public safety approaches to violence
prevention in families, communities, and schools.
(Source: P.A. 82-1039.)
(20 ILCS 3930/4) (from Ch. 38, par. 210-4)
Sec. 4. Illinois Criminal Justice Information Authority;
creation, membership, and meetings. There is created an
Illinois Criminal Justice Information Authority consisting of
25 23 members. The membership of the Authority shall consist of
the Illinois Attorney General, or his or her designee, the
Director of the Illinois Department of Corrections, the
Director of the Illinois Department of State Police, the
Director of Public Health, the Director of Children and Family
Services, the Sheriff of Cook County, the State's Attorney of
Cook County, the clerk of the circuit court of Cook County, the
President of the Cook County Board of Commissioners, the
Superintendent of the Chicago Police Department, the Director
of the Office of the State's Attorneys Appellate Prosecutor,
the Executive Director of the Illinois Law Enforcement Training
Standards Board, the State Appellate Defender, the Public
Defender of Cook County, and the following additional members,
each of whom shall be appointed by the Governor: a circuit

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court clerk, a sheriff, a State's Attorney of a county other
than Cook, a Public Defender of a county other than Cook, a
chief of police, and 6 members of the general public.
The Governor from time to time shall designate a Chairman
of the Authority from the membership. All members of the
Authority appointed by the Governor shall serve at the pleasure
of the Governor for a term not to exceed 4 years. The initial
appointed members of the Authority shall serve from January,
1983 until the third Monday in January, 1987 or until their
successors are appointed.
The Authority shall meet at least quarterly, and all
meetings of the Authority shall be called by the Chairman.
(Source: P.A. 96-1343, eff. 1-1-11.)
(20 ILCS 3930/10.1 new)
Sec. 10.1. Transfer of Illinois Violence Prevention
Authority.
(a) The Illinois Criminal Justice Information Authority,
through its board, existing committees, and any committee or
committees created on or after the effective date of this
amendatory Act of the 97th General Assembly by law or pursuant
to administrative rules of the Authority shall assume the
powers, duties, rights, and responsibilities transferred from
the Illinois Violence Prevention Authority to the Illinois
Criminal Justice Information Authority on the effective date of
this amendatory Act of the 97th General Assembly, including the

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powers, duties, rights, and responsibilities:
(1) to coordinate Statewide violence prevention
efforts and development of a Statewide plan that
incorporates public health and public safety approaches to
violence prevention in families, communities, and schools;
(2) to seek and receive funds that may be available
from private and public sources for violence prevention
efforts;
(3) to distribute, pursuant to Authority rules and
subject to available appropriations and other funds
received for the purposes of this Act or the Illinois
Violence Prevention Act of 1995, grants to community and
Statewide organizations, other units of local and State
government, and public school districts that address
violence prevention in a comprehensive and collaborative
manner, including, but not limited to, (A) community-based
youth violence prevention programs, such as mentoring
programs, after-school programs, and job training or
development programs, (B) programs for the implementation
and evaluation of comprehensive school-based violence
prevention programs from prekindergarten through 12th
grade, (C) early childhood intervention programs designed
to prevent violence and identify and serve young children
and families at risk, (D) family violence and sexual
assault prevention initiatives, (E) programs that
integrate violence prevention initiatives with alcohol and

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substance abuse prevention efforts, (F) programs that
integrate violence prevention services with health care
provision, and (G) programs to support innovative
community policing or law enforcement approaches to
violence prevention; and
(4) to provide technical assistance and training to
help build the capacity of communities, organizations, and
systems to develop, implement, and evaluate violence
prevention programs.
(b) As soon as practicable after the effective date of this
amendatory Act of the 97th General Assembly, the personnel of
the Illinois Violence Prevention Authority shall be
transferred to the Illinois Criminal Justice Information
Authority. The status and rights of those employees under the
Personnel Code shall not be affected by the transfer. The
rights of the employees and the State of Illinois and its
agencies under the Personnel Code and applicable collective
bargaining agreements or under any pension, retirement, or
annuity plan shall not be affected by this amendatory Act.
(c) As soon as practicable after the effective date of this
amendatory Act of the 97th General Assembly, all books,
records, papers, documents, property (real and personal),
contracts, causes of action, and pending business pertaining to
the powers, duties, rights, and responsibilities transferred
by this amendatory Act of the 97th General Assembly from the
Illinois Violence Prevention Authority to the Illinois

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Criminal Justice Information Authority, including, but not
limited to, material in electronic or magnetic format and
necessary computer hardware and software, shall be transferred
to the Illinois Criminal Justice Information Authority.
(d) As soon as practicable after the effective date of this
amendatory Act of the 97th General Assembly, all unexpended
appropriations and balances and other funds available for use
by the Illinois Violence Prevention Authority shall be
transferred for use by the Illinois Criminal Justice
Information Authority. Unexpended balances so transferred
shall be expended only for the purpose for which the
appropriations were originally made.
(e) The powers, duties, rights, and responsibilities
transferred from the Illinois Violence Prevention Authority by
this amendatory Act of the 97th General Assembly shall be
vested in and shall be exercised by the Illinois Criminal
Justice Information Authority.
(f) Whenever reports or notices are now required to be made
or given or papers or documents furnished or served by any
person to or upon the Illinois Violence Prevention Authority in
connection with any of the powers, duties, rights, and
responsibilities transferred by this amendatory Act of the 97th
General Assembly, the same shall be made, given, furnished, or
served in the same manner to or upon the Illinois Criminal
Justice Information Authority.
(g) This amendatory Act of the 97th General Assembly does

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not affect any act done, ratified, or canceled or any right
occurring or established or any action or proceeding had or
commenced in an administrative, civil, or criminal cause by the
Illinois Violence Prevention Authority before this amendatory
Act of the 97th General Assembly takes effect; such actions or
proceedings may be prosecuted and continued by the Illinois
Criminal Justice Information Authority.
(h) Any rules of the Illinois Violence Prevention Authority
that relate to its powers, duties, rights, and responsibilities
and are in full force on the effective date of this amendatory
Act of the 97th General Assembly shall become the rules of the
Illinois Criminal Justice Information Authority. This
amendatory Act of the 97th General Assembly does not affect the
legality of any such rules in the Illinois Administrative Code.
Illinois Criminal Justice Information Authority rules shall
control in instances where the rules overlap or are otherwise
inconsistent.
Any proposed rules filed with the Secretary of State by the
Illinois Violence Prevention Authority that are pending in the
rulemaking process on the effective date of this amendatory Act
of the 97th General Assembly and pertain to the powers, duties,
rights, and responsibilities transferred, shall be deemed to
have been filed by the Illinois Criminal Justice Information
Authority. As soon as practicable after the effective date of
this amendatory Act of the 97th General Assembly, the Illinois
Criminal Justice Information Authority shall revise and

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clarify the rules transferred to it under this amendatory Act
to reflect the reorganization of powers, duties, rights, and
responsibilities affected by this amendatory Act, using the
procedures for recodification of rules available under the
Illinois Administrative Procedure Act, except that existing
title, part, and section numbering for the affected rules may
be retained. The Illinois Criminal Justice Information
Authority may propose and adopt under the Illinois
Administrative Procedure Act such other rules of the Illinois
Violence Prevention Authority that will now be administered by
the Illinois Criminal Justice Information Authority.
(i) To the extent that, prior to the effective date of this
amendatory Act of the 97th General Assembly, the Executive
Director of the Illinois Violence Prevention Authority had been
empowered to prescribe rules with regard to the powers, duties,
rights, and responsibilities of the Illinois Violence
Prevention Authority, such duties shall be exercised solely by
the Executive Director of the Illinois Criminal Justice
Information Authority, beginning on the effective date of this
amendatory Act of the 97th General Assembly.
(20 ILCS 3930/10.2 new)
Sec. 10.2. ICJIA Violence Prevention Fund.
(a) The ICJIA Violence Prevention Fund is hereby
established as a special fund in the State Treasury into which
funds received from private, state, or federal sources

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specifically for violence prevention may be deposited, and from
which funds shall be appropriated to the Authority for the
purpose of exercising the powers specified in items (1) through
(4) of subsection (a) of Section 10.1 of this Act.
(b) As soon as practicable after the effective date of this
amendatory Act of the 97th General Assembly, but no later than
June 30, 2013, the Comptroller shall order transferred and the
Treasurer shall transfer all moneys in the Violence Prevention
Fund into the ICJIA Violence Prevention Fund.
(c) Unexpended balances transferred by this amendatory Act
of the 97th General may be expended by the Authority but only
for the purpose for which the appropriation was originally
made.
(20 ILCS 4027/5 rep.)
(20 ILCS 4027/10 rep.)
(20 ILCS 4027/15 rep.)
Section 10. The Illinois Violence Prevention Act of 1995 is
amended by repealing Sections 5, 10, and 15.
(20 ILCS 4027/Act rep.)
Section 15. The Illinois Violence Prevention Act of 1995 is
repealed.
Section 20. The State Finance Act is amended by adding
Section 5.811 as follows:

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(30 ILCS 105/5.811 new)
Sec. 5.811. The ICJIA Violence Prevention Fund.
(30 ILCS 105/5.424 rep.)
Section 25. The State Finance Act is amended by repealing
Section 5.424.
Section 30. The School Code is amended by changing Sections
10-22.34 and 34-18 as follows:
(105 ILCS 5/10-22.34) (from Ch. 122, par. 10-22.34)
Sec. 10-22.34. Non-certificated personnel.
(a) School Boards may employ non-teaching personnel or
utilize volunteer personnel for: (1) non-teaching duties not
requiring instructional judgment or evaluation of pupils; and
(2) supervising study halls, long distance teaching reception
areas used incident to instructional programs transmitted by
electronic media such as computers, video, and audio, and
detention and discipline areas, and school-sponsored
extracurricular activities.
(b) School boards may further utilize volunteer
non-certificated personnel or employ non-certificated
personnel to assist in the instruction of pupils under the
immediate supervision of a teacher, holding a valid
certificate, directly engaged in teaching subject matter or

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conducting activities. The teacher shall be continuously aware
of the non-certificated persons' activities and shall be able
to control or modify them. The State Board of Education, in
consultation with the State Teacher Certification Board, shall
determine qualifications of such personnel and shall prescribe
rules for determining the duties and activities to be assigned
to such personnel. In the determination of qualifications of
such personnel, the State Board of Education shall accept
coursework earned in a recognized institution or from an
institution of higher learning accredited by the North Central
Association or other comparable regional accrediting
association and shall accept qualifications based on relevant
life experiences as determined by the State Board of Education
by rule.
(b-5) (Blank) A school board may utilize volunteer
personnel from a regional School Crisis Assistance Team
(S.C.A.T.), created as part of the Safe to Learn Program
established pursuant to Section 25 of the Illinois Violence
Prevention Act of 1995, to provide assistance to schools in
times of violence or other traumatic incidents within a school
community by providing crisis intervention services to lessen
the effects of emotional trauma on individuals and the
community. The School Crisis Assistance Team Steering
Committee shall determine the qualifications for volunteers.
(c) School boards may also employ students holding a
bachelor's degree from a recognized institution of higher

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learning as teaching interns when such students are enrolled in
a college or university internship program, which has prior
approval by the State Board of Education, in consultation with
the State Teacher Certification Board, leading to a masters
degree.
Regional offices of education have the authority to
initiate and collaborate with institutions of higher learning
to establish internship programs referenced in this subsection
(c). The State Board of Education has 90 days from receiving a
written proposal to establish the internship program to seek
the State Teacher Certification Board's consultation on the
internship program. If the State Board of Education does not
consult the State Teacher Certification Board within 90 days,
the regional office of education may seek the State Teacher
Certification Board's consultation without the State Board of
Education's approval.
(d) Nothing in this Section shall require constant
supervision of a student teacher enrolled in a student teaching
course at a college or university, provided such activity has
the prior approval of the representative of the higher
education institution and teaching plans have previously been
discussed with and approved by the supervising teacher and
further provided that such teaching is within guidelines
established by the State Board of Education in consultation
with the State Teacher Certification Board.
(Source: P.A. 92-200, eff. 1-1-02; 92-724, eff. 7-25-02;

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93-332, eff. 1-1-04.)
(105 ILCS 5/34-18) (from Ch. 122, par. 34-18)
Sec. 34-18. Powers of the board. The board shall exercise
general supervision and jurisdiction over the public education
and the public school system of the city, and, except as
otherwise provided by this Article, shall have power:
1. To make suitable provision for the establishment and
maintenance throughout the year or for such portion thereof
as it may direct, not less than 9 months, of schools of all
grades and kinds, including normal schools, high schools,
night schools, schools for defectives and delinquents,
parental and truant schools, schools for the blind, the
deaf and the physically disabled, schools or classes in
manual training, constructural and vocational teaching,
domestic arts and physical culture, vocation and extension
schools and lecture courses, and all other educational
courses and facilities, including establishing, equipping,
maintaining and operating playgrounds and recreational
programs, when such programs are conducted in, adjacent to,
or connected with any public school under the general
supervision and jurisdiction of the board; provided that
the calendar for the school term and any changes must be
submitted to and approved by the State Board of Education
before the calendar or changes may take effect, and
provided that in allocating funds from year to year for the

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operation of all attendance centers within the district,
the board shall ensure that supplemental general State aid
funds are allocated and applied in accordance with Section
18-8 or 18-8.05. To admit to such schools without charge
foreign exchange students who are participants in an
organized exchange student program which is authorized by
the board. The board shall permit all students to enroll in
apprenticeship programs in trade schools operated by the
board, whether those programs are union-sponsored or not.
No student shall be refused admission into or be excluded
from any course of instruction offered in the common
schools by reason of that student's sex. No student shall
be denied equal access to physical education and
interscholastic athletic programs supported from school
district funds or denied participation in comparable
physical education and athletic programs solely by reason
of the student's sex. Equal access to programs supported
from school district funds and comparable programs will be
defined in rules promulgated by the State Board of
Education in consultation with the Illinois High School
Association. Notwithstanding any other provision of this
Article, neither the board of education nor any local
school council or other school official shall recommend
that children with disabilities be placed into regular
education classrooms unless those children with
disabilities are provided with supplementary services to

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assist them so that they benefit from the regular classroom
instruction and are included on the teacher's regular
education class register;
2. To furnish lunches to pupils, to make a reasonable
charge therefor, and to use school funds for the payment of
such expenses as the board may determine are necessary in
conducting the school lunch program;
3. To co-operate with the circuit court;
4. To make arrangements with the public or quasi-public
libraries and museums for the use of their facilities by
teachers and pupils of the public schools;
5. To employ dentists and prescribe their duties for
the purpose of treating the pupils in the schools, but
accepting such treatment shall be optional with parents or
guardians;
6. To grant the use of assembly halls and classrooms
when not otherwise needed, including light, heat, and
attendants, for free public lectures, concerts, and other
educational and social interests, free of charge, under
such provisions and control as the principal of the
affected attendance center may prescribe;
7. To apportion the pupils to the several schools;
provided that no pupil shall be excluded from or segregated
in any such school on account of his color, race, sex, or
nationality. The board shall take into consideration the
prevention of segregation and the elimination of

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separation of children in public schools because of color,
race, sex, or nationality. Except that children may be
committed to or attend parental and social adjustment
schools established and maintained either for boys or girls
only. All records pertaining to the creation, alteration or
revision of attendance areas shall be open to the public.
Nothing herein shall limit the board's authority to
establish multi-area attendance centers or other student
assignment systems for desegregation purposes or
otherwise, and to apportion the pupils to the several
schools. Furthermore, beginning in school year 1994-95,
pursuant to a board plan adopted by October 1, 1993, the
board shall offer, commencing on a phased-in basis, the
opportunity for families within the school district to
apply for enrollment of their children in any attendance
center within the school district which does not have
selective admission requirements approved by the board.
The appropriate geographical area in which such open
enrollment may be exercised shall be determined by the
board of education. Such children may be admitted to any
such attendance center on a space available basis after all
children residing within such attendance center's area
have been accommodated. If the number of applicants from
outside the attendance area exceed the space available,
then successful applicants shall be selected by lottery.
The board of education's open enrollment plan must include

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provisions that allow low income students to have access to
transportation needed to exercise school choice. Open
enrollment shall be in compliance with the provisions of
the Consent Decree and Desegregation Plan cited in Section
34-1.01;
8. To approve programs and policies for providing
transportation services to students. Nothing herein shall
be construed to permit or empower the State Board of
Education to order, mandate, or require busing or other
transportation of pupils for the purpose of achieving
racial balance in any school;
9. Subject to the limitations in this Article, to
establish and approve system-wide curriculum objectives
and standards, including graduation standards, which
reflect the multi-cultural diversity in the city and are
consistent with State law, provided that for all purposes
of this Article courses or proficiency in American Sign
Language shall be deemed to constitute courses or
proficiency in a foreign language; and to employ principals
and teachers, appointed as provided in this Article, and
fix their compensation. The board shall prepare such
reports related to minimal competency testing as may be
requested by the State Board of Education, and in addition
shall monitor and approve special education and bilingual
education programs and policies within the district to
assure that appropriate services are provided in

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accordance with applicable State and federal laws to
children requiring services and education in those areas;
10. To employ non-teaching personnel or utilize
volunteer personnel for: (i) non-teaching duties not
requiring instructional judgment or evaluation of pupils,
including library duties; and (ii) supervising study
halls, long distance teaching reception areas used
incident to instructional programs transmitted by
electronic media such as computers, video, and audio,
detention and discipline areas, and school-sponsored
extracurricular activities. The board may further utilize
volunteer non-certificated personnel or employ
non-certificated personnel to assist in the instruction of
pupils under the immediate supervision of a teacher holding
a valid certificate, directly engaged in teaching subject
matter or conducting activities; provided that the teacher
shall be continuously aware of the non-certificated
persons' activities and shall be able to control or modify
them. The general superintendent shall determine
qualifications of such personnel and shall prescribe rules
for determining the duties and activities to be assigned to
such personnel;
10.5. (Blank) To utilize volunteer personnel from a
regional School Crisis Assistance Team (S.C.A.T.), created
as part of the Safe to Learn Program established pursuant
to Section 25 of the Illinois Violence Prevention Act of

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1995, to provide assistance to schools in times of violence
or other traumatic incidents within a school community by
providing crisis intervention services to lessen the
effects of emotional trauma on individuals and the
community; the School Crisis Assistance Team Steering
Committee shall determine the qualifications for
volunteers;
11. To provide television studio facilities in not to
exceed one school building and to provide programs for
educational purposes, provided, however, that the board
shall not construct, acquire, operate, or maintain a
television transmitter; to grant the use of its studio
facilities to a licensed television station located in the
school district; and to maintain and operate not to exceed
one school radio transmitting station and provide programs
for educational purposes;
12. To offer, if deemed appropriate, outdoor education
courses, including field trips within the State of
Illinois, or adjacent states, and to use school educational
funds for the expense of the said outdoor educational
programs, whether within the school district or not;
13. During that period of the calendar year not
embraced within the regular school term, to provide and
conduct courses in subject matters normally embraced in the
program of the schools during the regular school term and
to give regular school credit for satisfactory completion

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by the student of such courses as may be approved for
credit by the State Board of Education;
14. To insure against any loss or liability of the
board, the former School Board Nominating Commission,
Local School Councils, the Chicago Schools Academic
Accountability Council, or the former Subdistrict Councils
or of any member, officer, agent or employee thereof,
resulting from alleged violations of civil rights arising
from incidents occurring on or after September 5, 1967 or
from the wrongful or negligent act or omission of any such
person whether occurring within or without the school
premises, provided the officer, agent or employee was, at
the time of the alleged violation of civil rights or
wrongful act or omission, acting within the scope of his
employment or under direction of the board, the former
School Board Nominating Commission, the Chicago Schools
Academic Accountability Council, Local School Councils, or
the former Subdistrict Councils; and to provide for or
participate in insurance plans for its officers and
employees, including but not limited to retirement
annuities, medical, surgical and hospitalization benefits
in such types and amounts as may be determined by the
board; provided, however, that the board shall contract for
such insurance only with an insurance company authorized to
do business in this State. Such insurance may include
provision for employees who rely on treatment by prayer or

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spiritual means alone for healing, in accordance with the
tenets and practice of a recognized religious
denomination;
15. To contract with the corporate authorities of any
municipality or the county board of any county, as the case
may be, to provide for the regulation of traffic in parking
areas of property used for school purposes, in such manner
as is provided by Section 11-209 of The Illinois Vehicle
Code, approved September 29, 1969, as amended;
16. (a) To provide, on an equal basis, access to a high
school campus and student directory information to the
official recruiting representatives of the armed forces of
Illinois and the United States for the purposes of
informing students of the educational and career
opportunities available in the military if the board has
provided such access to persons or groups whose purpose is
to acquaint students with educational or occupational
opportunities available to them. The board is not required
to give greater notice regarding the right of access to
recruiting representatives than is given to other persons
and groups. In this paragraph 16, "directory information"
means a high school student's name, address, and telephone
number.
(b) If a student or his or her parent or guardian
submits a signed, written request to the high school before
the end of the student's sophomore year (or if the student

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is a transfer student, by another time set by the high
school) that indicates that the student or his or her
parent or guardian does not want the student's directory
information to be provided to official recruiting
representatives under subsection (a) of this Section, the
high school may not provide access to the student's
directory information to these recruiting representatives.
The high school shall notify its students and their parents
or guardians of the provisions of this subsection (b).
(c) A high school may require official recruiting
representatives of the armed forces of Illinois and the
United States to pay a fee for copying and mailing a
student's directory information in an amount that is not
more than the actual costs incurred by the high school.
(d) Information received by an official recruiting
representative under this Section may be used only to
provide information to students concerning educational and
career opportunities available in the military and may not
be released to a person who is not involved in recruiting
students for the armed forces of Illinois or the United
States;
17. (a) To sell or market any computer program
developed by an employee of the school district, provided
that such employee developed the computer program as a
direct result of his or her duties with the school district
or through the utilization of the school district resources

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or facilities. The employee who developed the computer
program shall be entitled to share in the proceeds of such
sale or marketing of the computer program. The distribution
of such proceeds between the employee and the school
district shall be as agreed upon by the employee and the
school district, except that neither the employee nor the
school district may receive more than 90% of such proceeds.
The negotiation for an employee who is represented by an
exclusive bargaining representative may be conducted by
such bargaining representative at the employee's request.
(b) For the purpose of this paragraph 17:
(1) "Computer" means an internally programmed,
general purpose digital device capable of
automatically accepting data, processing data and
supplying the results of the operation.
(2) "Computer program" means a series of coded
instructions or statements in a form acceptable to a
computer, which causes the computer to process data in
order to achieve a certain result.
(3) "Proceeds" means profits derived from
marketing or sale of a product after deducting the
expenses of developing and marketing such product;
18. To delegate to the general superintendent of
schools, by resolution, the authority to approve contracts
and expenditures in amounts of $10,000 or less;
19. Upon the written request of an employee, to

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withhold from the compensation of that employee any dues,
payments or contributions payable by such employee to any
labor organization as defined in the Illinois Educational
Labor Relations Act. Under such arrangement, an amount
shall be withheld from each regular payroll period which is
equal to the pro rata share of the annual dues plus any
payments or contributions, and the board shall transmit
such withholdings to the specified labor organization
within 10 working days from the time of the withholding;
19a. Upon receipt of notice from the comptroller of a
municipality with a population of 500,000 or more, a county
with a population of 3,000,000 or more, the Cook County
Forest Preserve District, the Chicago Park District, the
Metropolitan Water Reclamation District, the Chicago
Transit Authority, or a housing authority of a municipality
with a population of 500,000 or more that a debt is due and
owing the municipality, the county, the Cook County Forest
Preserve District, the Chicago Park District, the
Metropolitan Water Reclamation District, the Chicago
Transit Authority, or the housing authority by an employee
of the Chicago Board of Education, to withhold, from the
compensation of that employee, the amount of the debt that
is due and owing and pay the amount withheld to the
municipality, the county, the Cook County Forest Preserve
District, the Chicago Park District, the Metropolitan
Water Reclamation District, the Chicago Transit Authority,

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or the housing authority; provided, however, that the
amount deducted from any one salary or wage payment shall
not exceed 25% of the net amount of the payment. Before the
Board deducts any amount from any salary or wage of an
employee under this paragraph, the municipality, the
county, the Cook County Forest Preserve District, the
Chicago Park District, the Metropolitan Water Reclamation
District, the Chicago Transit Authority, or the housing
authority shall certify that (i) the employee has been
afforded an opportunity for a hearing to dispute the debt
that is due and owing the municipality, the county, the
Cook County Forest Preserve District, the Chicago Park
District, the Metropolitan Water Reclamation District, the
Chicago Transit Authority, or the housing authority and
(ii) the employee has received notice of a wage deduction
order and has been afforded an opportunity for a hearing to
object to the order. For purposes of this paragraph, "net
amount" means that part of the salary or wage payment
remaining after the deduction of any amounts required by
law to be deducted and "debt due and owing" means (i) a
specified sum of money owed to the municipality, the
county, the Cook County Forest Preserve District, the
Chicago Park District, the Metropolitan Water Reclamation
District, the Chicago Transit Authority, or the housing
authority for services, work, or goods, after the period
granted for payment has expired, or (ii) a specified sum of

09700HB3816sam001 - 26 - LRB097 13548 JDS 72498 a
money owed to the municipality, the county, the Cook County
Forest Preserve District, the Chicago Park District, the
Metropolitan Water Reclamation District, the Chicago
Transit Authority, or the housing authority pursuant to a
court order or order of an administrative hearing officer
after the exhaustion of, or the failure to exhaust,
judicial review;
20. The board is encouraged to employ a sufficient
number of certified school counselors to maintain a
student/counselor ratio of 250 to 1 by July 1, 1990. Each
counselor shall spend at least 75% of his work time in
direct contact with students and shall maintain a record of
such time;
21. To make available to students vocational and career
counseling and to establish 5 special career counseling
days for students and parents. On these days
representatives of local businesses and industries shall
be invited to the school campus and shall inform students
of career opportunities available to them in the various
businesses and industries. Special consideration shall be
given to counseling minority students as to career
opportunities available to them in various fields. For the
purposes of this paragraph, minority student means a person
who is any of the following:
(a) American Indian or Alaska Native (a person having
origins in any of the original peoples of North and South

09700HB3816sam001 - 27 - LRB097 13548 JDS 72498 a
America, including Central America, and who maintains
tribal affiliation or community attachment).
(b) Asian (a person having origins in any of the
original peoples of the Far East, Southeast Asia, or the
Indian subcontinent, including, but not limited to,
Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
the Philippine Islands, Thailand, and Vietnam).
(c) Black or African American (a person having origins
in any of the black racial groups of Africa). Terms such as
"Haitian" or "Negro" can be used in addition to "Black or
African American".
(d) Hispanic or Latino (a person of Cuban, Mexican,
Puerto Rican, South or Central American, or other Spanish
culture or origin, regardless of race).
(e) Native Hawaiian or Other Pacific Islander (a person
having origins in any of the original peoples of Hawaii,
Guam, Samoa, or other Pacific Islands).
Counseling days shall not be in lieu of regular school
days;
22. To report to the State Board of Education the
annual student dropout rate and number of students who
graduate from, transfer from or otherwise leave bilingual
programs;
23. Except as otherwise provided in the Abused and
Neglected Child Reporting Act or other applicable State or
federal law, to permit school officials to withhold, from

09700HB3816sam001 - 28 - LRB097 13548 JDS 72498 a
any person, information on the whereabouts of any child
removed from school premises when the child has been taken
into protective custody as a victim of suspected child
abuse. School officials shall direct such person to the
Department of Children and Family Services, or to the local
law enforcement agency if appropriate;
24. To develop a policy, based on the current state of
existing school facilities, projected enrollment and
efficient utilization of available resources, for capital
improvement of schools and school buildings within the
district, addressing in that policy both the relative
priority for major repairs, renovations and additions to
school facilities, and the advisability or necessity of
building new school facilities or closing existing schools
to meet current or projected demographic patterns within
the district;
25. To make available to the students in every high
school attendance center the ability to take all courses
necessary to comply with the Board of Higher Education's
college entrance criteria effective in 1993;
26. To encourage mid-career changes into the teaching
profession, whereby qualified professionals become
certified teachers, by allowing credit for professional
employment in related fields when determining point of
entry on teacher pay scale;
27. To provide or contract out training programs for

09700HB3816sam001 - 29 - LRB097 13548 JDS 72498 a
administrative personnel and principals with revised or
expanded duties pursuant to this Act in order to assure
they have the knowledge and skills to perform their duties;
28. To establish a fund for the prioritized special
needs programs, and to allocate such funds and other lump
sum amounts to each attendance center in a manner
consistent with the provisions of part 4 of Section 34-2.3.
Nothing in this paragraph shall be construed to require any
additional appropriations of State funds for this purpose;
29. (Blank);
30. Notwithstanding any other provision of this Act or
any other law to the contrary, to contract with third
parties for services otherwise performed by employees,
including those in a bargaining unit, and to layoff those
employees upon 14 days written notice to the affected
employees. Those contracts may be for a period not to
exceed 5 years and may be awarded on a system-wide basis.
The board may not operate more than 30 contract schools,
provided that the board may operate an additional 5
contract turnaround schools pursuant to item (5.5) of
subsection (d) of Section 34-8.3 of this Code;
31. To promulgate rules establishing procedures
governing the layoff or reduction in force of employees and
the recall of such employees, including, but not limited
to, criteria for such layoffs, reductions in force or
recall rights of such employees and the weight to be given

09700HB3816sam001 - 30 - LRB097 13548 JDS 72498 a
to any particular criterion. Such criteria shall take into
account factors including, but not be limited to,
qualifications, certifications, experience, performance
ratings or evaluations, and any other factors relating to
an employee's job performance;
32. To develop a policy to prevent nepotism in the
hiring of personnel or the selection of contractors;
33. To enter into a partnership agreement, as required
by Section 34-3.5 of this Code, and, notwithstanding any
other provision of law to the contrary, to promulgate
policies, enter into contracts, and take any other action
necessary to accomplish the objectives and implement the
requirements of that agreement; and
34. To establish a Labor Management Council to the
board comprised of representatives of the board, the chief
executive officer, and those labor organizations that are
the exclusive representatives of employees of the board and
to promulgate policies and procedures for the operation of
the Council.
The specifications of the powers herein granted are not to
be construed as exclusive but the board shall also exercise all
other powers that they may be requisite or proper for the
maintenance and the development of a public school system, not
inconsistent with the other provisions of this Article or
provisions of this Code which apply to all school districts.
In addition to the powers herein granted and authorized to

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be exercised by the board, it shall be the duty of the board to
review or to direct independent reviews of special education
expenditures and services. The board shall file a report of
such review with the General Assembly on or before May 1, 1990.
(Source: P.A. 96-105, eff. 7-30-09; 97-227, eff. 1-1-12;
97-396, eff. 1-1-12; 97-813, eff. 7-13-12.)
Section 35. The Illinois Vehicle Code is amended by
changing Section 3-630 as follows:
(625 ILCS 5/3-630)
Sec. 3-630. Violence prevention license plate.
(a) The Secretary, upon receipt of an application made in
the form prescribed by the Secretary of State, may issue
special registration plates designated to be Violence
Prevention plates. The special plates issued under this Section
shall be affixed only to passenger vehicles of the first
division or motor vehicles of the second division weighing not
more than 8,000 pounds. Plates issued under this Section shall
expire according to the multi-year procedure established by
Section 3-414.1 of this Code.
(b) The design and color of the plates shall be wholly
within the discretion of the Secretary of State. Appropriate
documentation, as determined by the Secretary, shall accompany
the application. Beginning January 1, 1999, the Secretary may,
in his or her discretion, allow the plates to be issued as

09700HB3816sam001 - 32 - LRB097 13548 JDS 72498 a
vanity plates or personalized in accordance with Section
3-405.1 of this Code.
(c) An applicant shall be charged a $40 dollar fee for
original issuance in addition to the appropriate registration
fee, if applicable. Of this fee, $25 shall be deposited into
the ICJIA Violence Prevention Fund as created by this Act and
$15 shall be deposited into the Secretary of State Special
License Plate Fund to be used by the Secretary of State to help
defray the administrative processing costs. For each
registration renewal period a $27 fee, in addition to the
appropriate registration fee, shall be charged. Of this fee,
$25 shall be deposited into the ICJIA Violence Prevention Fund
and $2 shall be deposited into the Secretary of State Special
License Plate Fund.
(Source: P.A. 89-353, eff. 8-17-95; 89-626, eff. 8-9-96;
90-619, eff. 1-1-99.)
Section 99. Effective date. This Act takes effect upon
becoming law, except that Sections 15 and 25 take effect on
June 30, 2013.".