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| [ Introduced ] | [ House Amendment 002 ] |
91_HB4651ham001
LRB9110408WHcsam
1 AMENDMENT TO HOUSE BILL 4651
2 AMENDMENT NO. . Amend House Bill 4651 by replacing
3 the title with the following:
4 "AN ACT concerning local governments."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 5. The Counties Code is amended by adding
8 Section 3-14002.5 as follows:
9 (55 ILCS 5/3-14002.5 new)
10 Sec. 3-14002.5. Power to deduct wages for municipal
11 debts.
12 (a) Upon receipt of notice from the comptroller of a
13 municipality with a population of 500,000 or more that a debt
14 is due and owing the municipality by an employee of a county
15 with a population of 3,000,000 or more, the county may
16 withhold, from the compensation of that employee, the amount
17 of the debt that is due and owing and pay the amount withheld
18 to the municipality; provided, however, that the amount
19 deducted from any one salary or wage payment shall not exceed
20 25% of the net amount of the payment.
21 (b) Before the county deducts any amount from any salary
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1 or wage of an employee under this Section, the municipality
2 shall certify that the employee has been afforded an
3 opportunity for a hearing to dispute the debt that is due and
4 owing the municipality.
5 (c) For purposes of this Section:
6 (1) "Net amount" means that part of the salary or
7 wage payment remaining after the deduction of any amounts
8 required by law to be deducted.
9 (2) "Debt due and owing" means (i) a specified sum
10 of money owed to the municipality for city services,
11 work, or goods, after the period granted for payment has
12 expired, or (ii) a specified sum of money owed to the
13 municipality pursuant to a court order or order of an
14 administrative hearing officer after the exhaustion of,
15 or the failure to exhaust, judicial review.
16 (d) Nothing in this Section is intended to affect the
17 power of a county to withhold the amount of any debt that is
18 due and owing the county by any of its employees.
19 Section 10. The Illinois Municipal Code is amended by
20 adding Section 10-4-8 as follows:
21 (65 ILCS 5/10-4-8 new)
22 Sec. 10-4-8. Power to deduct wages for county debts.
23 (a) Upon receipt of notice from the comptroller of a
24 county with a population of 3,000,000 or more that a debt is
25 due and owing the county by an employee of a municipality
26 with a population of 500,000 or more, the municipality may
27 withhold, from the compensation of that employee, the amount
28 of the debt that is due and owing and pay the amount withheld
29 to the county; provided, however that the amount deducted
30 from any one salary or wage payment shall not exceed 25% of
31 the net amount of the payment.
32 (b) Before the municipality deducts any amount from any
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1 salary or wage of an employee under this Section, the county
2 shall certify that the employee has been afforded an
3 opportunity for a hearing to dispute the debt that is due and
4 owning the county.
5 (c) For purposes of this Section:
6 (1) "Net amount" means the part of the salary or
7 wage payment remaining after the deduction of any amounts
8 required by law to be deducted.
9 (2) "Debt due and owing" means (i) a specified sum
10 of money owed to the county for services, work, or goods,
11 after the period granted for payment has expired, or (ii)
12 a specified sum of money owed to the county pursuant to a
13 court order or order of an administrative hearing officer
14 after the exhaustion of, or the failure to exhaust,
15 judicial review.
16 (d) Nothing in this Section is intended to affect the
17 power of a municipality to withhold the amount of any debt
18 that is due and owing the municipality by any of its
19 employees.
20 Section 15. The Cook County Forest Preserve District Act
21 is amended by adding Section 17.5 as follows:
22 (70 ILCS 810/17.5 new)
23 Sec. 17.5. Power to deduct wages for municipal or county
24 debts.
25 (a) Upon receipt of notice from the comptroller of a
26 municipality with a population of 500,000 or more or a county
27 with a population of 3,000,000 or more that a debt is due and
28 owing the municipality or county by an employee of the
29 District, the District may withhold, from the compensation of
30 that employee, the amount of the debt that is due and owing
31 and pay the amount withheld to the municipality or county;
32 provided, however, that the amount deducted from any one
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1 salary or wage payment shall not exceed 25% of the net amount
2 of the payment.
3 (b) Before the District deducts any amount from any
4 salary or wage of an employee under this Section, the
5 municipality or county shall certify that the employee has
6 been afforded an opportunity for a hearing to dispute the
7 debt that is due and owing the municipality or county.
8 (c) For purposes of this Section:
9 (1) "Net amount" means that part of the salary or
10 wage payment remaining after the deduction of any amounts
11 required by law to be deducted.
12 (2) "Debt due and owing" means (i) a specified sum
13 of money owed to the municipality or county for services,
14 work, or goods, after the period granted for payment has
15 expired, or (ii) a specified sum of money owed to the
16 municipality or county pursuant to a court order or order
17 of an administrative hearing officer after the exhaustion
18 of, or the failure to exhaust, judicial review.
19 Section 17. The Chicago Park District Act is amended by
20 changing Section 16b as follows:
21 (70 ILCS 1505/16b)
22 Sec. 16b. Power to deduct wages for municipal or county
23 debts. Upon receipt of notice from the comptroller of a
24 municipality with a population of 500,000 or more or a county
25 with a population of 3,000,000 or more that a debt is due and
26 owing the municipality or county by an employee of the
27 Chicago Park District, the District may withhold, from the
28 compensation of that employee, the amount of the debt that is
29 due and owing and pay the amount withheld to the municipality
30 or county; provided, however, that the amount deducted from
31 any one salary or wage payment shall not exceed 25% of the
32 net amount of the payment. Before the District deducts any
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1 amount from any salary or wage of an employee under this
2 Section, the municipality or county shall certify that the
3 employee has been afforded an opportunity for a hearing to
4 dispute the debt that is due and owing the municipality or
5 county. For purposes of this Section, "net amount" means that
6 part of the salary or wage payment remaining after the
7 deduction of any amounts required by law to be deducted and
8 "debt due and owing" means (i) a specified sum of money owed
9 to the municipality or county for city services, work, or
10 goods, after the period granted for payment has expired, or
11 (ii) a specified sum of money owed to the municipality or
12 county pursuant to a court order or order of an
13 administrative hearing officer after the exhaustion of, or
14 the failure to exhaust, judicial review.
15 (Source: P.A. 90-22, eff. 6-20-97.)
16 Section 20. The Metropolitan Water Reclamation District
17 Act is amended by adding Section 4.39 as follows:
18 (70 ILCS 2605/4.39 new)
19 Sec. 4.39. Power to deduct wages for municipal or county
20 debts.
21 (a) Upon receipt of notice from the comptroller of a
22 municipality with a population of 500,000 or more or a county
23 with a population of 3,000,000 or more that a debt is due and
24 owing the municipality by an employee of the District, the
25 District may withhold, from the compensation of that
26 employee, the amount of the debt that is due and owing and
27 pay the amount withheld to the municipality or county;
28 provided, however, that the amount deducted from any one
29 salary or wage payment shall not exceed 25% of the net amount
30 of the payment.
31 (b) Before the District deducts any amount from any
32 salary or wage of an employee under this Section, the
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1 municipality or county shall certify that the employee has
2 been afforded an opportunity for a hearing to dispute the
3 debt that is due and owing the municipality or county.
4 (c) For purposes of this Section:
5 (1) "Net amount" means that part of the salary or
6 wage payment remaining after the deduction of any amounts
7 required by law to be deducted.
8 (2) "Debt due and owing" means (i) a specified sum
9 of money owed to the municipality or county for services,
10 work, or goods, after the period granted for payment has
11 expired, or (ii) a specified sum of money owed to the
12 municipality or county pursuant to a court order or order
13 of an administrative hearing officer after the exhaustion
14 of, or the failure to exhaust, judicial review.
15 Section 22. The Metropolitan Transit Authority Act is
16 amended by changing Section 28c as follows:
17 (70 ILCS 3605/28c)
18 Sec. 28c. Power to deduct wages for municipal or county
19 debts. Upon receipt of notice from the comptroller of a
20 municipality with a population of 500,000 or more or a county
21 with a population of 3,000,000 or more that a debt is due and
22 owing the municipality or county by an employee of the
23 Authority, the Authority may withhold, from the compensation
24 of that employee, the amount of the debt that is due and
25 owing and pay the amount withheld to the municipality or
26 county; provided, however, that the amount deducted from any
27 one salary or wage payment shall not exceed 25% of the net
28 amount of the payment. Before the Authority deducts any
29 amount from any salary or wage of an employee under this
30 Section, the municipality or county shall certify that the
31 employee has been afforded an opportunity for a hearing to
32 dispute the debt that is due and owing the municipality or
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1 county. For purposes of this Section, "net amount" means
2 that part of the salary or wage payment remaining after the
3 deduction of any amounts required by law to be deducted and
4 "debt due and owing" means (i) a specified sum of money owed
5 to the municipality or county for city services, work, or
6 goods, after the period granted for payment has expired, or
7 (ii) a specified sum of money owed to the municipality or
8 county pursuant to a court order or order of an
9 administrative hearing officer after the exhaustion of, or
10 the failure to exhaust, judicial review.
11 (Source: P.A. 90-22, eff. 6-20-97.)
12 Section 23. The School Code is amended by changing
13 Section 34-18 as follows:
14 (105 ILCS 5/34-18) (from Ch. 122, par. 34-18)
15 Sec. 34-18. Powers of the board. The board shall
16 exercise general supervision and jurisdiction over the public
17 education and the public school system of the city, and,
18 except as otherwise provided by this Article, shall have
19 power:
20 1. To make suitable provision for the establishment
21 and maintenance throughout the year or for such portion
22 thereof as it may direct, not less than 9 months, of
23 schools of all grades and kinds, including normal
24 schools, high schools, night schools, schools for
25 defectives and delinquents, parental and truant schools,
26 schools for the blind, the deaf and the crippled, schools
27 or classes in manual training, constructural and
28 vocational teaching, domestic arts and physical culture,
29 vocation and extension schools and lecture courses, and
30 all other educational courses and facilities, including
31 establishing, equipping, maintaining and operating
32 playgrounds and recreational programs, when such programs
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1 are conducted in, adjacent to, or connected with any
2 public school under the general supervision and
3 jurisdiction of the board; provided, however, that in
4 allocating funds from year to year for the operation of
5 all attendance centers within the district, the board
6 shall ensure that supplemental general State aid funds
7 are allocated and applied in accordance with Section 18-8
8 or 18-8.05. To admit to such schools without charge
9 foreign exchange students who are participants in an
10 organized exchange student program which is authorized by
11 the board. The board shall permit all students to enroll
12 in apprenticeship programs in trade schools operated by
13 the board, whether those programs are union-sponsored or
14 not. No student shall be refused admission into or be
15 excluded from any course of instruction offered in the
16 common schools by reason of that student's sex. No
17 student shall be denied equal access to physical
18 education and interscholastic athletic programs supported
19 from school district funds or denied participation in
20 comparable physical education and athletic programs
21 solely by reason of the student's sex. Equal access to
22 programs supported from school district funds and
23 comparable programs will be defined in rules promulgated
24 by the State Board of Education in consultation with the
25 Illinois High School Association. Notwithstanding any
26 other provision of this Article, neither the board of
27 education nor any local school council or other school
28 official shall recommend that children with disabilities
29 be placed into regular education classrooms unless those
30 children with disabilities are provided with
31 supplementary services to assist them so that they
32 benefit from the regular classroom instruction and are
33 included on the teacher's regular education class
34 register;
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1 2. To furnish lunches to pupils, to make a
2 reasonable charge therefor, and to use school funds for
3 the payment of such expenses as the board may determine
4 are necessary in conducting the school lunch program;
5 3. To co-operate with the circuit court;
6 4. To make arrangements with the public or
7 quasi-public libraries and museums for the use of their
8 facilities by teachers and pupils of the public schools;
9 5. To employ dentists and prescribe their duties
10 for the purpose of treating the pupils in the schools,
11 but accepting such treatment shall be optional with
12 parents or guardians;
13 6. To grant the use of assembly halls and
14 classrooms when not otherwise needed, including light,
15 heat, and attendants, for free public lectures, concerts,
16 and other educational and social interests, free of
17 charge, under such provisions and control as the
18 principal of the affected attendance center may
19 prescribe;
20 7. To apportion the pupils to the several schools;
21 provided that no pupil shall be excluded from or
22 segregated in any such school on account of his color,
23 race, sex, or nationality. The board shall take into
24 consideration the prevention of segregation and the
25 elimination of separation of children in public schools
26 because of color, race, sex, or nationality. Except that
27 children may be committed to or attend parental and
28 social adjustment schools established and maintained
29 either for boys or girls only. All records pertaining to
30 the creation, alteration or revision of attendance areas
31 shall be open to the public. Nothing herein shall limit
32 the board's authority to establish multi-area attendance
33 centers or other student assignment systems for
34 desegregation purposes or otherwise, and to apportion the
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1 pupils to the several schools. Furthermore, beginning in
2 school year 1994-95, pursuant to a board plan adopted by
3 October 1, 1993, the board shall offer, commencing on a
4 phased-in basis, the opportunity for families within the
5 school district to apply for enrollment of their children
6 in any attendance center within the school district which
7 does not have selective admission requirements approved
8 by the board. The appropriate geographical area in which
9 such open enrollment may be exercised shall be determined
10 by the board of education. Such children may be admitted
11 to any such attendance center on a space available basis
12 after all children residing within such attendance
13 center's area have been accommodated. If the number of
14 applicants from outside the attendance area exceed the
15 space available, then successful applicants shall be
16 selected by lottery. The board of education's open
17 enrollment plan must include provisions that allow low
18 income students to have access to transportation needed
19 to exercise school choice. Open enrollment shall be in
20 compliance with the provisions of the Consent Decree and
21 Desegregation Plan cited in Section 34-1.01;
22 8. To approve programs and policies for providing
23 transportation services to students. Nothing herein shall
24 be construed to permit or empower the State Board of
25 Education to order, mandate, or require busing or other
26 transportation of pupils for the purpose of achieving
27 racial balance in any school;
28 9. Subject to the limitations in this Article, to
29 establish and approve system-wide curriculum objectives
30 and standards, including graduation standards, which
31 reflect the multi-cultural diversity in the city and are
32 consistent with State law, provided that for all purposes
33 of this Article courses or proficiency in American Sign
34 Language shall be deemed to constitute courses or
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1 proficiency in a foreign language; and to employ
2 principals and teachers, appointed as provided in this
3 Article, and fix their compensation. The board shall
4 prepare such reports related to minimal competency
5 testing as may be requested by the State Board of
6 Education, and in addition shall monitor and approve
7 special education and bilingual education programs and
8 policies within the district to assure that appropriate
9 services are provided in accordance with applicable State
10 and federal laws to children requiring services and
11 education in those areas;
12 10. To employ non-teaching personnel or utilize
13 volunteer personnel for: (i) non-teaching duties not
14 requiring instructional judgment or evaluation of pupils,
15 including library duties; and (ii) supervising study
16 halls, long distance teaching reception areas used
17 incident to instructional programs transmitted by
18 electronic media such as computers, video, and audio,
19 detention and discipline areas, and school-sponsored
20 extracurricular activities. The board may further utilize
21 volunteer non-certificated personnel or employ
22 non-certificated personnel to assist in the instruction
23 of pupils under the immediate supervision of a teacher
24 holding a valid certificate, directly engaged in teaching
25 subject matter or conducting activities; provided that
26 the teacher shall be continuously aware of the
27 non-certificated persons' activities and shall be able to
28 control or modify them. The general superintendent shall
29 determine qualifications of such personnel and shall
30 prescribe rules for determining the duties and activities
31 to be assigned to such personnel;
32 11. To provide television studio facilities in not
33 to exceed one school building and to provide programs for
34 educational purposes, provided, however, that the board
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1 shall not construct, acquire, operate, or maintain a
2 television transmitter; to grant the use of its studio
3 facilities to a licensed television station located in
4 the school district; and to maintain and operate not to
5 exceed one school radio transmitting station and provide
6 programs for educational purposes;
7 12. To offer, if deemed appropriate, outdoor
8 education courses, including field trips within the State
9 of Illinois, or adjacent states, and to use school
10 educational funds for the expense of the said outdoor
11 educational programs, whether within the school district
12 or not;
13 13. During that period of the calendar year not
14 embraced within the regular school term, to provide and
15 conduct courses in subject matters normally embraced in
16 the program of the schools during the regular school term
17 and to give regular school credit for satisfactory
18 completion by the student of such courses as may be
19 approved for credit by the State Board of Education;
20 14. To insure against any loss or liability of the
21 board, the former School Board Nominating Commission,
22 Local School Councils, the Chicago Schools Academic
23 Accountability Council, or the former Subdistrict
24 Councils or of any member, officer, agent or employee
25 thereof, resulting from alleged violations of civil
26 rights arising from incidents occurring on or after
27 September 5, 1967 or from the wrongful or negligent act
28 or omission of any such person whether occurring within
29 or without the school premises, provided the officer,
30 agent or employee was, at the time of the alleged
31 violation of civil rights or wrongful act or omission,
32 acting within the scope of his employment or under
33 direction of the board, the former School Board
34 Nominating Commission, the Chicago Schools Academic
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1 Accountability Council, Local School Councils, or the
2 former Subdistrict Councils; and to provide for or
3 participate in insurance plans for its officers and
4 employees, including but not limited to retirement
5 annuities, medical, surgical and hospitalization benefits
6 in such types and amounts as may be determined by the
7 board; provided, however, that the board shall contract
8 for such insurance only with an insurance company
9 authorized to do business in this State. Such insurance
10 may include provision for employees who rely on treatment
11 by prayer or spiritual means alone for healing, in
12 accordance with the tenets and practice of a recognized
13 religious denomination;
14 15. To contract with the corporate authorities of
15 any municipality or the county board of any county, as
16 the case may be, to provide for the regulation of traffic
17 in parking areas of property used for school purposes, in
18 such manner as is provided by Section 11-209 of The
19 Illinois Vehicle Code, approved September 29, 1969, as
20 amended;
21 16. To provide, on an equal basis, access to the
22 school campus to the official recruiting representatives
23 of the armed forces of Illinois and the United States for
24 the purposes of informing students of the educational and
25 career opportunities available in the military if the
26 board has provided such access to persons or groups whose
27 purpose is to acquaint students with educational or
28 occupational opportunities available to them. The board
29 is not required to give greater notice regarding the
30 right of access to recruiting representatives than is
31 given to other persons and groups;
32 17. (a) To sell or market any computer program
33 developed by an employee of the school district, provided
34 that such employee developed the computer program as a
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1 direct result of his or her duties with the school
2 district or through the utilization of the school
3 district resources or facilities. The employee who
4 developed the computer program shall be entitled to share
5 in the proceeds of such sale or marketing of the computer
6 program. The distribution of such proceeds between the
7 employee and the school district shall be as agreed upon
8 by the employee and the school district, except that
9 neither the employee nor the school district may receive
10 more than 90% of such proceeds. The negotiation for an
11 employee who is represented by an exclusive bargaining
12 representative may be conducted by such bargaining
13 representative at the employee's request.
14 (b) For the purpose of this paragraph 17:
15 (1) "Computer" means an internally programmed,
16 general purpose digital device capable of
17 automatically accepting data, processing data and
18 supplying the results of the operation.
19 (2) "Computer program" means a series of coded
20 instructions or statements in a form acceptable to a
21 computer, which causes the computer to process data
22 in order to achieve a certain result.
23 (3) "Proceeds" means profits derived from
24 marketing or sale of a product after deducting the
25 expenses of developing and marketing such product;
26 18. To delegate to the general superintendent of
27 schools, by resolution, the authority to approve
28 contracts and expenditures in amounts of $10,000 or less;
29 19. Upon the written request of an employee, to
30 withhold from the compensation of that employee any dues,
31 payments or contributions payable by such employee to any
32 labor organization as defined in the Illinois Educational
33 Labor Relations Act. Under such arrangement, an amount
34 shall be withheld from each regular payroll period which
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1 is equal to the pro rata share of the annual dues plus
2 any payments or contributions, and the board shall
3 transmit such withholdings to the specified labor
4 organization within 10 working days from the time of the
5 withholding;
6 19a. Upon receipt of notice from the comptroller of
7 a municipality with a population of 500,000 or more or a
8 county with a population of 3,000,000 or more that a debt
9 is due and owing the municipality or county by an
10 employee of the Chicago School Reform Board of Trustees,
11 to withhold, from the compensation of that employee, the
12 amount of the debt that is due and owing and pay the
13 amount withheld to the municipality or county; provided,
14 however, that the amount deducted from any one salary or
15 wage payment shall not exceed 25% of the net amount of
16 the payment. Before the Board deducts any amount from
17 any salary or wage of an employee under this paragraph,
18 the municipality or county shall certify that the
19 employee has been afforded an opportunity for a hearing
20 to dispute the debt that is due and owing the
21 municipality or county. For purposes of this paragraph,
22 "net amount" means that part of the salary or wage
23 payment remaining after the deduction of any amounts
24 required by law to be deducted and "debt due and owing"
25 means (i) a specified sum of money owed to the
26 municipality or county for city services, work, or goods,
27 after the period granted for payment has expired, or (ii)
28 a specified sum of money owed to the municipality or
29 county pursuant to a court order or order of an
30 administrative hearing officer after the exhaustion of,
31 or the failure to exhaust, judicial review;
32 20. The board is encouraged to employ a sufficient
33 number of certified school counselors to maintain a
34 student/counselor ratio of 250 to 1 by July 1, 1990.
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1 Each counselor shall spend at least 75% of his work time
2 in direct contact with students and shall maintain a
3 record of such time;
4 21. To make available to students vocational and
5 career counseling and to establish 5 special career
6 counseling days for students and parents. On these days
7 representatives of local businesses and industries shall
8 be invited to the school campus and shall inform students
9 of career opportunities available to them in the various
10 businesses and industries. Special consideration shall
11 be given to counseling minority students as to career
12 opportunities available to them in various fields. For
13 the purposes of this paragraph, minority student means a
14 person who is:
15 (a) Black (a person having origins in any of
16 the black racial groups in Africa);
17 (b) Hispanic (a person of Spanish or
18 Portuguese culture with origins in Mexico, South or
19 Central America, or the Caribbean islands,
20 regardless of race);
21 (c) Asian American (a person having origins in
22 any of the original peoples of the Far East,
23 Southeast Asia, the Indian Subcontinent or the
24 Pacific Islands); or
25 (d) American Indian or Alaskan Native (a
26 person having origins in any of the original peoples
27 of North America).
28 Counseling days shall not be in lieu of regular
29 school days;
30 22. To report to the State Board of Education the
31 annual student dropout rate and number of students who
32 graduate from, transfer from or otherwise leave bilingual
33 programs;
34 23. Except as otherwise provided in the Abused and
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1 Neglected Child Reporting Act or other applicable State
2 or federal law, to permit school officials to withhold,
3 from any person, information on the whereabouts of any
4 child removed from school premises when the child has
5 been taken into protective custody as a victim of
6 suspected child abuse. School officials shall direct
7 such person to the Department of Children and Family
8 Services, or to the local law enforcement agency if
9 appropriate;
10 24. To develop a policy, based on the current state
11 of existing school facilities, projected enrollment and
12 efficient utilization of available resources, for capital
13 improvement of schools and school buildings within the
14 district, addressing in that policy both the relative
15 priority for major repairs, renovations and additions to
16 school facilities, and the advisability or necessity of
17 building new school facilities or closing existing
18 schools to meet current or projected demographic patterns
19 within the district;
20 25. To make available to the students in every high
21 school attendance center the ability to take all courses
22 necessary to comply with the Board of Higher Education's
23 college entrance criteria effective in 1993;
24 26. To encourage mid-career changes into the
25 teaching profession, whereby qualified professionals
26 become certified teachers, by allowing credit for
27 professional employment in related fields when
28 determining point of entry on teacher pay scale;
29 27. To provide or contract out training programs
30 for administrative personnel and principals with revised
31 or expanded duties pursuant to this Act in order to
32 assure they have the knowledge and skills to perform
33 their duties;
34 28. To establish a fund for the prioritized special
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1 needs programs, and to allocate such funds and other lump
2 sum amounts to each attendance center in a manner
3 consistent with the provisions of part 4 of Section
4 34-2.3. Nothing in this paragraph shall be construed to
5 require any additional appropriations of State funds for
6 this purpose;
7 29. (Blank);
8 30. Notwithstanding any other provision of this Act
9 or any other law to the contrary, to contract with third
10 parties for services otherwise performed by employees,
11 including those in a bargaining unit, and to layoff those
12 employees upon 14 days written notice to the affected
13 employees. Those contracts may be for a period not to
14 exceed 5 years and may be awarded on a system-wide basis;
15 31. To promulgate rules establishing procedures
16 governing the layoff or reduction in force of employees
17 and the recall of such employees, including, but not
18 limited to, criteria for such layoffs, reductions in
19 force or recall rights of such employees and the weight
20 to be given to any particular criterion. Such criteria
21 shall take into account factors including, but not be
22 limited to, qualifications, certifications, experience,
23 performance ratings or evaluations, and any other factors
24 relating to an employee's job performance; and
25 32. To develop a policy to prevent nepotism in the
26 hiring of personnel or the selection of contractors.
27 The specifications of the powers herein granted are not
28 to be construed as exclusive but the board shall also
29 exercise all other powers that they may be requisite or
30 proper for the maintenance and the development of a public
31 school system, not inconsistent with the other provisions of
32 this Article or provisions of this Code which apply to all
33 school districts.
34 In addition to the powers herein granted and authorized
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1 to be exercised by the board, it shall be the duty of the
2 board to review or to direct independent reviews of special
3 education expenditures and services. The board shall file a
4 report of such review with the General Assembly on or before
5 May 1, 1990.
6 (Source: P.A. 89-15, eff. 5-30-95; 89-397, eff. 8-20-95;
7 89-626, eff. 8-9-96; 90-22, eff. 6-20-97; 90-548, eff.
8 1-1-98.)
9 Section 25. The Housing Authorities Act is amended by
10 adding Section 6.1 as follows:
11 (310 ILCS 10/6.1 new)
12 Sec. 6.1. Power to deduct wages for municipal or county
13 debts.
14 (a) Upon receipt of notice from the comptroller of a
15 municipality with a population of 500,000 or more or a county
16 with a population of 3,000,000 or more that a debt is due and
17 owing the municipality or county by an employee of the
18 housing authority of a municipality with a population of
19 500,000 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 municipality
22 or county; provided, however, that the amount deducted from
23 any one salary or wage payment shall not exceed 25% of the
24 net amount of the payment.
25 (b) Before the housing authority of a municipality with
26 a population of 500,000 or more deducts any amount from any
27 salary or wage of an employee under this Section, the
28 municipality or county shall certify that the employee has
29 been afforded an opportunity for a hearing to dispute the
30 debt that is due and owing the municipality or county.
31 (c) For purposes of this Section:
32 (1) "Net amount" means that part of the salary or
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1 wage payment remaining after the deduction of any amounts
2 required by law to be deducted.
3 (2) "Debt due and owing" means (i) a specified sum
4 of money owed to the municipality or county for services,
5 work, or goods, after the period granted for payment has
6 expired, or (ii) a specified sum of money owed to the
7 municipality or county pursuant to a court order or order
8 of an administrative hearing officer after the exhaustion
9 of, or the failure to exhaust, judicial review.
10 Section 30. The Illinois Wage Payment and Collection Act
11 is amended by changing Section 9 as follows:
12 (820 ILCS 115/9) (from Ch. 48, par. 39m-9)
13 Sec. 9. Except as hereinafter provided, deductions by
14 employers from wages or final compensation are prohibited
15 unless such deductions are (1) required by law; (2) to the
16 benefit of the employee; (3) in response to a valid wage
17 assignment or wage deduction order; (4) made with the express
18 written consent of the employee, given freely at the time the
19 deduction is made; (5) made by a municipality with a
20 population of 500,000 or more, a county with a population of
21 3,000,000 or more, a community college district in a city
22 with a population of 500,000 or more, a housing authority in
23 a municipality with a population of 500,000 or more, the
24 Chicago Park District, the Metropolitan Transit Authority, or
25 the Chicago School Reform Board of Trustees, the Cook County
26 Forest Preserve District, or the Metropolitan Water
27 Reclamation District to pay a debt owed by the employee to a
28 municipality with a population of 500,000 or more or a county
29 with a population of 3,000,000 or more; provided, however,
30 that the amount deducted from any one salary or wage payment
31 shall not exceed 25% of the net amount of the payment; or (6)
32 made by housing authority in a municipality with a population
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1 of 500,000 or more or a municipality with a population of
2 500,000 or more to pay a debt owed by the employee to a
3 housing authority in a municipality with a population of
4 500,000 or more; provided, however, that the amount deducted
5 from any one salary or wage payment shall not exceed 25% of
6 the net amount of the payment. Before the municipality with a
7 population of 500,000 or more, the community college district
8 in a city with a population of 500,000 or more, the Chicago
9 Park District, the Metropolitan Transit Authority, a housing
10 authority in a municipality with a population of 500,000 or
11 more, or the Chicago School Reform Board of Trustees, the
12 County of Cook, the Cook County Forest Preserve District, or
13 the Metropolitan Water Reclamation District deducts any
14 amount from any salary or wage of an employee to pay a debt
15 owed to a municipality with a population of 500,000 or more
16 or a county with a population of 3,000,000 or more under this
17 Section, the municipality or county shall certify that the
18 employee has been afforded an opportunity for a hearing to
19 dispute the debt that is due and owing the municipality or
20 county. Before a housing authority in a municipality with a
21 population of 500,000 or more or a municipality with a
22 population of 500,000 or more or a county with a population
23 of 3,000,000 or more deducts any amount from any salary or
24 wage of an employee to pay a debt owed to a housing authority
25 in a municipality with a population of 500,000 or more under
26 this Section, the housing authority shall certify that the
27 employee has been afforded an opportunity for a hearing to
28 dispute the debt that is due and owing the housing authority.
29 For purposes of this Section, "net amount" means that part of
30 the salary or wage payment remaining after the deduction of
31 any amounts required by law to be deducted and "debt due and
32 owing" means (i) a specified sum of money owed to the
33 municipality, county, or housing authority for services,
34 work, or goods, after the period granted for payment has
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1 expired, or (ii) a specified sum of money owed to the
2 municipality, county, or housing authority pursuant to a
3 court order or order of an administrative hearing officer
4 after the exhaustion of, or the failure to exhaust, judicial
5 review. Where the legitimacy of any deduction from wages is
6 in dispute, the amount in question may be withheld if the
7 employer notifies the Department of Labor on the date the
8 payment is due in writing of the amount that is being
9 withheld and stating the reasons for which the payment is
10 withheld. Upon such notification the Department of Labor
11 shall conduct an investigation and render a judgment as
12 promptly as possible, and shall complete such investigation
13 within 30 days of receipt of the notification by the employer
14 that wages have been withheld. The employer shall pay the
15 wages due upon order of the Department of Labor within 15
16 calendar days of issuance of a judgment on the dispute.
17 The Department shall establish rules to protect the
18 interests of both parties in cases of disputed deductions
19 from wages. Such rules shall include reasonable limitations
20 on the amount of deductions beyond those required by law
21 which may be made during any pay period by any employer.
22 In case of a dispute over wages, the employer shall pay,
23 without condition and within the time set by this Act, all
24 wages or parts thereof, conceded by him to be due, leaving to
25 the employee all remedies to which he may otherwise be
26 entitled as to any balance claimed. The acceptance by an
27 employee of a disputed paycheck shall not constitute a
28 release as to the balance of his claim and any release or
29 restrictive endorsement required by an employer as a
30 condition to payment shall be a violation of this Act and
31 shall be void.
32 (Source: P.A. 90-22, eff. 6-20-97; 91-443, eff. 8-6-99.)
33 Section 99. Effective date. This Act takes effect upon
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1 becoming law.".