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90_HB1916enr
50 ILCS 205/4 from Ch. 116, par. 43.104
Amends the Local Records Act. Makes a technical change
in the Section concerning the disposal of public records and
the archivist's duties.
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1 AN ACT concerning wage deductions to repay debts owed to
2 municipalities.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Chicago Park District Act is amended by
6 adding Section 16b as follows:
7 (70 ILCS 1505/16b new)
8 Sec. 16b. Power to deduct wages for municipal debts.
9 Upon receipt of notice from the comptroller of a municipality
10 with a population of 500,000 or more that a debt is due and
11 owing the municipality by an employee of the Chicago Park
12 District, the District may withhold, from the compensation of
13 that employee, the amount of the debt that is due and owing
14 and pay the amount withheld to the municipality; provided,
15 however, that the amount deducted from any one salary or wage
16 payment shall not exceed 25% of the net amount of the
17 payment. Before the District deducts any amount from any
18 salary or wage of an employee under this Section, the
19 municipality shall certify that the employee has been
20 afforded an opportunity for a hearing to dispute the debt
21 that is due and owing the municipality. For purposes of this
22 Section, "net amount" means that part of the salary or wage
23 payment remaining after the deduction of any amounts required
24 by law to be deducted and "debt due and owing" means (i) a
25 specified sum of money owed to the municipality for city
26 services, work, or goods, after the period granted for
27 payment has expired, or (ii) a specified sum of money owed to
28 the municipality pursuant to a court order or order of an
29 administrative hearing officer after the exhaustion of, or
30 the failure to exhaust, judicial review.
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1 Section 10. The Metropolitan Transit Authority Act is
2 amended by adding Section 28c as follows:
3 (70 ILCS 3605/28c new)
4 Sec. 28c. Power to deduct wages for municipal debts.
5 Upon receipt of notice from the comptroller of a municipality
6 with a population of 500,000 or more that a debt is due and
7 owing the municipality by an employee of the Authority, the
8 Authority may withhold, from the compensation of that
9 employee, the amount of the debt that is due and owing and
10 pay the amount withheld to the municipality; provided,
11 however, that the amount deducted from any one salary or wage
12 payment shall not exceed 25% of the net amount of the
13 payment. Before the Authority deducts any amount from any
14 salary or wage of an employee under this Section, the
15 municipality shall certify that the employee has been
16 afforded an opportunity for a hearing to dispute the debt
17 that is due and owing the municipality. For purposes of this
18 Section, "net amount" means that part of the salary or wage
19 payment remaining after the deduction of any amounts required
20 by law to be deducted and "debt due and owing" means (i) a
21 specified sum of money owed to the municipality for city
22 services, work, or goods, after the period granted for
23 payment has expired, or (ii) a specified sum of money owed to
24 the municipality pursuant to a court order or order of an
25 administrative hearing officer after the exhaustion of, or
26 the failure to exhaust, judicial review.
27 Section 15. The School Code is amended by changing
28 Section 34-18 as follows:
29 (105 ILCS 5/34-18) (from Ch. 122, par. 34-18)
30 Sec. 34-18. Powers of the board. The board shall
31 exercise general supervision and jurisdiction over the public
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1 education and the public school system of the city, and,
2 except as otherwise provided by this Article, shall have
3 power:
4 1. To make suitable provision for the establishment
5 and maintenance throughout the year or for such portion
6 thereof as it may direct, not less than 9 months, of
7 schools of all grades and kinds, including normal
8 schools, high schools, night schools, schools for
9 defectives and delinquents, parental and truant schools,
10 schools for the blind, the deaf and the crippled, schools
11 or classes in manual training, constructural and
12 vocational teaching, domestic arts and physical culture,
13 vocation and extension schools and lecture courses, and
14 all other educational courses and facilities, including
15 establishing, equipping, maintaining and operating
16 playgrounds and recreational programs, when such programs
17 are conducted in, adjacent to, or connected with any
18 public school under the general supervision and
19 jurisdiction of the board; provided, however, that in
20 allocating funds from year to year for the operation of
21 all attendance centers within the district, the board
22 shall ensure that State Chapter 1 funds are allocated and
23 applied in accordance with Section 18-8. To admit to such
24 schools without charge foreign exchange students who are
25 participants in an organized exchange student program
26 which is authorized by the board. The board shall permit
27 all students to enroll in apprenticeship programs in
28 trade schools operated by the board, whether those
29 programs are union-sponsored or not. No student shall
30 be refused admission into or be excluded from any course
31 of instruction offered in the common schools by reason of
32 that student's sex. No student shall be denied equal
33 access to physical education and interscholastic athletic
34 programs supported from school district funds or denied
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1 participation in comparable physical education and
2 athletic programs solely by reason of the student's sex.
3 Equal access to programs supported from school district
4 funds and comparable programs will be defined in rules
5 promulgated by the State Board of Education in
6 consultation with the Illinois High School Association.
7 Notwithstanding any other provision of this Article,
8 neither the board of education nor any local school
9 council or other school official shall recommend that
10 children with disabilities be placed into regular
11 education classrooms unless those children with
12 disabilities are provided with supplementary services to
13 assist them so that they benefit from the regular
14 classroom instruction and are included on the teacher's
15 regular education class register;
16 2. To furnish lunches to pupils, to make a
17 reasonable charge therefor, and to use school funds for
18 the payment of such expenses as the board may determine
19 are necessary in conducting the school lunch program;
20 3. To co-operate with the circuit court;
21 4. To make arrangements with the public or
22 quasi-public libraries and museums for the use of their
23 facilities by teachers and pupils of the public schools;
24 5. To employ dentists and prescribe their duties
25 for the purpose of treating the pupils in the schools,
26 but accepting such treatment shall be optional with
27 parents or guardians;
28 6. To grant the use of assembly halls and
29 classrooms when not otherwise needed, including light,
30 heat, and attendants, for free public lectures, concerts,
31 and other educational and social interests, free of
32 charge, under such provisions and control as the
33 principal of the affected attendance center may
34 prescribe;
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1 7. To apportion the pupils to the several schools;
2 provided that no pupil shall be excluded from or
3 segregated in any such school on account of his color,
4 race, sex, or nationality. The board shall take into
5 consideration the prevention of segregation and the
6 elimination of separation of children in public schools
7 because of color, race, sex, or nationality. Except that
8 children may be committed to or attend parental and
9 social adjustment schools established and maintained
10 either for boys or girls only. All records pertaining to
11 the creation, alteration or revision of attendance areas
12 shall be open to the public. Nothing herein shall limit
13 the board's authority to establish multi-area attendance
14 centers or other student assignment systems for
15 desegregation purposes or otherwise, and to apportion the
16 pupils to the several schools. Furthermore, beginning in
17 school year 1994-95, pursuant to a board plan adopted by
18 October 1, 1993, the board shall offer, commencing on a
19 phased-in basis, the opportunity for families within the
20 school district to apply for enrollment of their children
21 in any attendance center within the school district which
22 does not have selective admission requirements approved
23 by the board. The appropriate geographical area in which
24 such open enrollment may be exercised shall be determined
25 by the board of education. Such children may be admitted
26 to any such attendance center on a space available basis
27 after all children residing within such attendance
28 center's area have been accommodated. If the number of
29 applicants from outside the attendance area exceed the
30 space available, then successful applicants shall be
31 selected by lottery. The board of education's open
32 enrollment plan must include provisions that allow low
33 income students to have access to transportation needed
34 to exercise school choice. Open enrollment shall be in
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1 compliance with the provisions of the Consent Decree and
2 Desegregation Plan cited in Section 34-1.01.
3 8. To approve programs and policies for providing
4 transportation services to students. Nothing herein shall
5 be construed to permit or empower the State Board of
6 Education to order, mandate, or require busing or other
7 transportation of pupils for the purpose of achieving
8 racial balance in any school;
9 9. Subject to the limitations in this Article, to
10 establish and approve system-wide curriculum objectives
11 and standards, including graduation standards, which
12 reflect the multi-cultural diversity in the city and are
13 consistent with State law, provided that for all purposes
14 of this Article courses or proficiency in American Sign
15 Language shall be deemed to constitute courses or
16 proficiency in a foreign language; and to employ
17 principals and teachers, appointed as provided in this
18 Article, and fix their compensation. The board shall
19 prepare such reports related to minimal competency
20 testing as may be requested by the State Board of
21 Education, and in addition shall monitor and approve
22 special education and bilingual education programs and
23 policies within the district to assure that appropriate
24 services are provided in accordance with applicable State
25 and federal laws to children requiring services and
26 education in those areas;
27 10. To employ non-teaching personnel or utilize
28 volunteer personnel for: (i) non-teaching duties not
29 requiring instructional judgment or evaluation of pupils,
30 including library duties; and (ii) supervising study
31 halls, long distance teaching reception areas used
32 incident to instructional programs transmitted by
33 electronic media such as computers, video, and audio,
34 detention and discipline areas, and school-sponsored
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1 extracurricular activities. The board may further utilize
2 volunteer non-certificated personnel or employ
3 non-certificated personnel to assist in the instruction
4 of pupils under the immediate supervision of a teacher
5 holding a valid certificate, directly engaged in teaching
6 subject matter or conducting activities; provided that
7 the teacher shall be continuously aware of the
8 non-certificated persons' activities and shall be able to
9 control or modify them. The general superintendent shall
10 determine qualifications of such personnel and shall
11 prescribe rules for determining the duties and activities
12 to be assigned to such personnel;
13 11. To provide television studio facilities in not
14 to exceed one school building and to provide programs for
15 educational purposes, provided, however, that the board
16 shall not construct, acquire, operate, or maintain a
17 television transmitter; to grant the use of its studio
18 facilities to a licensed television station located in
19 the school district; and to maintain and operate not to
20 exceed one school radio transmitting station and provide
21 programs for educational purposes;
22 12. To offer, if deemed appropriate, outdoor
23 education courses, including field trips within the State
24 of Illinois, or adjacent states, and to use school
25 educational funds for the expense of the said outdoor
26 educational programs, whether within the school district
27 or not;
28 13. During that period of the calendar year not
29 embraced within the regular school term, to provide and
30 conduct courses in subject matters normally embraced in
31 the program of the schools during the regular school term
32 and to give regular school credit for satisfactory
33 completion by the student of such courses as may be
34 approved for credit by the State Board of Education;
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1 14. To insure against any loss or liability of the
2 board, the former School Board Nominating Commission,
3 Local School Councils, the Chicago Schools Academic
4 Accountability Council, or the former Subdistrict
5 Councils or of any member, officer, agent or employee
6 thereof, resulting from alleged violations of civil
7 rights arising from incidents occurring on or after
8 September 5, 1967 or from the wrongful or negligent act
9 or omission of any such person whether occurring within
10 or without the school premises, provided the officer,
11 agent or employee was, at the time of the alleged
12 violation of civil rights or wrongful act or omission,
13 acting within the scope of his employment or under
14 direction of the board, the former School Board
15 Nominating Commission, the Chicago Schools Academic
16 Accountability Council, Local School Councils, or the
17 former Subdistrict Councils; and to provide for or
18 participate in insurance plans for its officers and
19 employees, including but not limited to retirement
20 annuities, medical, surgical and hospitalization benefits
21 in such types and amounts as may be determined by the
22 board; provided, however, that the board shall contract
23 for such insurance only with an insurance company
24 authorized to do business in this State. Such insurance
25 may include provision for employees who rely on treatment
26 by prayer or spiritual means alone for healing, in
27 accordance with the tenets and practice of a recognized
28 religious denomination;
29 15. To contract with the corporate authorities of
30 any municipality or the county board of any county, as
31 the case may be, to provide for the regulation of traffic
32 in parking areas of property used for school purposes, in
33 such manner as is provided by Section 11-209 of The
34 Illinois Vehicle Code, approved September 29, 1969, as
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1 amended;
2 16. To provide, on an equal basis, access to the
3 school campus to the official recruiting representatives
4 of the armed forces of Illinois and the United States for
5 the purposes of informing students of the educational and
6 career opportunities available in the military if the
7 board has provided such access to persons or groups whose
8 purpose is to acquaint students with educational or
9 occupational opportunities available to them. The board
10 is not required to give greater notice regarding the
11 right of access to recruiting representatives than is
12 given to other persons and groups;
13 17. (a) To sell or market any computer program
14 developed by an employee of the school district, provided
15 that such employee developed the computer program as a
16 direct result of his or her duties with the school
17 district or through the utilization of the school
18 district resources or facilities. The employee who
19 developed the computer program shall be entitled to share
20 in the proceeds of such sale or marketing of the computer
21 program. The distribution of such proceeds between the
22 employee and the school district shall be as agreed upon
23 by the employee and the school district, except that
24 neither the employee nor the school district may receive
25 more than 90% of such proceeds. The negotiation for an
26 employee who is represented by an exclusive bargaining
27 representative may be conducted by such bargaining
28 representative at the employee's request.
29 (b) For the purpose of this paragraph 17:
30 (1) "Computer" means an internally programmed,
31 general purpose digital device capable of
32 automatically accepting data, processing data and
33 supplying the results of the operation.
34 (2) "Computer program" means a series of coded
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1 instructions or statements in a form acceptable to a
2 computer, which causes the computer to process data
3 in order to achieve a certain result.
4 (3) "Proceeds" means profits derived from
5 marketing or sale of a product after deducting the
6 expenses of developing and marketing such product;
7 18. To delegate to the general superintendent of
8 schools, by resolution, the authority to approve
9 contracts and expenditures in amounts of $10,000 or less;
10 19. Upon the written request of an employee, to
11 withhold from the compensation of that employee any dues,
12 payments or contributions payable by such employee to any
13 labor organization as defined in the Illinois Educational
14 Labor Relations Act. Under such arrangement, an amount
15 shall be withheld from each regular payroll period which
16 is equal to the pro rata share of the annual dues plus
17 any payments or contributions, and the board shall
18 transmit such withholdings to the specified labor
19 organization within 10 working days from the time of the
20 withholding;
21 19a. Upon receipt of notice from the comptroller of
22 a municipality with a population of 500,000 or more that
23 a debt is due and owing the municipality by an employee
24 of the Chicago School Reform Board of Trustees, to
25 withhold, from the compensation of that employee, the
26 amount of the debt that is due and owing and pay the
27 amount withheld to the municipality; 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 shall certify that the employee has been
33 afforded an opportunity for a hearing to dispute the debt
34 that is due and owing the municipality. For purposes of
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1 this paragraph, "net amount" means that part of the
2 salary or wage payment remaining after the deduction of
3 any amounts required by law to be deducted and "debt due
4 and owing" means (i) a specified sum of money owed to the
5 municipality for city services, work, or goods, after the
6 period granted for payment has expired, or (ii) a
7 specified sum of money owed to the municipality pursuant
8 to a court order or order of an administrative hearing
9 officer after the exhaustion of, or the failure to
10 exhaust, judicial review.
11 20. The board is encouraged to employ a sufficient
12 number of certified school counselors to maintain a
13 student/counselor ratio of 250 to 1 by July 1, 1990.
14 Each counselor shall spend at least 75% of his work time
15 in direct contact with students and shall maintain a
16 record of such time;
17 21. To make available to students vocational and
18 career counseling and to establish 5 special career
19 counseling days for students and parents. On these days
20 representatives of local businesses and industries shall
21 be invited to the school campus and shall inform students
22 of career opportunities available to them in the various
23 businesses and industries. Special consideration shall
24 be given to counseling minority students as to career
25 opportunities available to them in various fields. For
26 the purposes of this paragraph, minority student means a
27 person who is:
28 (a) Black (a person having origins in any of
29 the black racial groups in Africa);
30 (b) Hispanic (a person of Spanish or
31 Portuguese culture with origins in Mexico, South or
32 Central America, or the Caribbean islands,
33 regardless of race);
34 (c) Asian American (a person having origins in
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1 any of the original peoples of the Far East,
2 Southeast Asia, the Indian Subcontinent or the
3 Pacific Islands); or
4 (d) American Indian or Alaskan Native (a
5 person having origins in any of the original peoples
6 of North America).
7 Counseling days shall not be in lieu of regular
8 school days;
9 22. To report to the State Board of Education the
10 annual student dropout rate and number of students who
11 graduate from, transfer from or otherwise leave bilingual
12 programs;
13 23. Except as otherwise provided in the Abused and
14 Neglected Child Reporting Act or other applicable State
15 or federal law, to permit school officials to withhold,
16 from any person, information on the whereabouts of any
17 child removed from school premises when the child has
18 been taken into protective custody as a victim of
19 suspected child abuse. School officials shall direct
20 such person to the Department of Children and Family
21 Services, or to the local law enforcement agency if
22 appropriate;
23 24. To develop a policy, based on the current state
24 of existing school facilities, projected enrollment and
25 efficient utilization of available resources, for capital
26 improvement of schools and school buildings within the
27 district, addressing in that policy both the relative
28 priority for major repairs, renovations and additions to
29 school facilities, and the advisability or necessity of
30 building new school facilities or closing existing
31 schools to meet current or projected demographic patterns
32 within the district;
33 25. To make available to the students in every high
34 school attendance center the ability to take all courses
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1 necessary to comply with the Board of Higher Education's
2 college entrance criteria effective in 1993;
3 26. To encourage mid-career changes into the
4 teaching profession, whereby qualified professionals
5 become certified teachers, by allowing credit for
6 professional employment in related fields when
7 determining point of entry on teacher pay scale;
8 27. To provide or contract out training programs
9 for administrative personnel and principals with revised
10 or expanded duties pursuant to this Act in order to
11 assure they have the knowledge and skills to perform
12 their duties;
13 28. To establish a fund for the prioritized special
14 needs programs, and to allocate such funds and other lump
15 sum amounts to each attendance center in a manner
16 consistent with the provisions of part 4 of Section
17 34-2.3. Nothing in this paragraph shall be construed to
18 require any additional appropriations of State funds for
19 this purpose;
20 29. (Blank);
21 30. Notwithstanding any other provision of this Act
22 or any other law to the contrary, to contract with third
23 parties for services otherwise performed by employees,
24 including those in a bargaining unit, and to layoff those
25 employees upon 14 days written notice to the affected
26 employees. Those contracts may be for a period not to
27 exceed 5 years and may be awarded on a system-wide basis;
28 31. To promulgate rules establishing procedures
29 governing the layoff or reduction in force of employees
30 and the recall of such employees, including, but not
31 limited to, criteria for such layoffs, reductions in
32 force or recall rights of such employees and the weight
33 to be given to any particular criterion. Such criteria
34 shall take into account factors including, but not be
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1 limited to, qualifications, certifications, experience,
2 performance ratings or evaluations, and any other factors
3 relating to an employee's job performance; and
4 32. To develop a policy to prevent nepotism in the
5 hiring of personnel or the selection of contractors.
6 The specifications of the powers herein granted are not
7 to be construed as exclusive but the board shall also
8 exercise all other powers that they may be requisite or
9 proper for the maintenance and the development of a public
10 school system, not inconsistent with the other provisions of
11 this Article or provisions of this Code which apply to all
12 school districts.
13 In addition to the powers herein granted and authorized
14 to be exercised by the board, it shall be the duty of the
15 board to review or to direct independent reviews of special
16 education expenditures and services. The board shall file a
17 report of such review with the General Assembly on or before
18 May 1, 1990.
19 (Source: P.A. 88-89; 88-511; 88-686, eff. 1-24-95; 89-15,
20 eff. 5-30-95; 89-397, eff. 8-20-95; 89-626, eff. 8-9-96.)
21 Section 20. The Public Community College Act is amended
22 by adding Section 7-1.2 as follows:
23 (110 ILCS 805/7-1.2 new)
24 Sec. 7-1.2. Power to deduct wages for municipal debts.
25 Upon receipt of notice from the comptroller of a municipality
26 with a population of 500,000 or more that a debt is due and
27 owing the municipality by an employee of the board, the board
28 may withhold, from the compensation of that employee, the
29 amount of the debt that is due and owing and pay the amount
30 withheld to the municipality; provided, however, that the
31 amount deducted from any one salary or wage payment shall not
32 exceed 25% of the net amount of the payment. Before the
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1 board deducts any amount from any salary or wage of an
2 employee under this Section, the municipality shall certify
3 that the employee has been afforded an opportunity for a
4 hearing to dispute the debt that is due and owing the
5 municipality. For purposes of this Section, "net amount"
6 means that part of the salary or wage payment remaining after
7 the deduction of any amounts required by law to be deducted
8 and "debt due and owing" means (i) a specified sum of money
9 owed to the municipality for city services, work, or goods,
10 after the period granted for payment has expired, or (ii) a
11 specified sum of money owed to the municipality pursuant to a
12 court order or order of an administrative hearing officer
13 after the exhaustion of, or the failure to exhaust, judicial
14 review.
15 Section 25. The Illinois Wage Payment and Collection Act
16 is amended by changing Section 9 as follows:
17 (820 ILCS 115/9) (from Ch. 48, par. 39m-9)
18 Sec. 9. Except as hereinafter provided, deductions by
19 employers from wages or final compensation are prohibited
20 unless such deductions are (1) required by law; or (2) to the
21 benefit of the employee; or (3) in response to a valid wage
22 assignment or wage deduction order; or (4) made with the
23 express written consent of the employee, given freely at the
24 time the deduction is made; or (5) made by a municipality
25 with a population of 500,000 or more, a community college
26 district in a city with a population of 500,000 or more, the
27 Chicago Park District, the Metropolitan Transit Authority, or
28 the Chicago School Reform Board of Trustees to pay a debt
29 owed by the employee to a municipality with a population of
30 500,000 or more; provided, however, that the amount deducted
31 from any one salary or wage payment shall not exceed 25% of
32 the net amount of the payment. Before the municipality with
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1 a population of 500,000 or more, the Chicago Park District,
2 the Metropolitan Transit Authority, or the Chicago School
3 Reform Board of Trustees deducts any amount from any salary
4 or wage of an employee under this Section, the municipality
5 shall certify that the employee has been afforded an
6 opportunity for a hearing to dispute the debt that is due and
7 owing the municipality. For purposes of this Section, "net
8 amount" means that part of the salary or wage payment
9 remaining after the deduction of any amounts required by law
10 to be deducted and "debt due and owing" means (i) a specified
11 sum of money owed to the municipality for city services,
12 work, or goods, after the period granted for payment has
13 expired, or (ii) a specified sum of money owed to the
14 municipality pursuant to a court order or order of an
15 administrative hearing officer after the exhaustion of, or
16 the failure to exhaust, judicial review. Where the legitimacy
17 of any deduction from wages is in dispute, the amount in
18 question may be withheld if the employer notifies the
19 Department of Labor on the date the payment is due in writing
20 of the amount that is being withheld and stating the reasons
21 for which the payment is withheld. Upon such notification the
22 Department of Labor shall conduct an investigation and render
23 a judgment as promptly as possible, and shall complete such
24 investigation within 30 days of receipt of the notification
25 by the employer that wages have been withheld. The employer
26 shall pay the wages due upon order of the Department of Labor
27 within 15 calendar days of issuance of a judgment on the
28 dispute.
29 The Department shall establish rules to protect the
30 interests of both parties in cases of disputed deductions
31 from wages. Such rules shall include reasonable limitations
32 on the amount of deductions beyond those required by law
33 which may be made during any pay period by any employer.
34 In case of a dispute over wages, the employer shall pay,
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1 without condition and within the time set by this Act, all
2 wages or parts thereof, conceded by him to be due, leaving to
3 the employee all remedies to which he may otherwise be
4 entitled as to any balance claimed. The acceptance by an
5 employee of a disputed paycheck shall not constitute a
6 release as to the balance of his claim and any release or
7 restrictive endorsement required by an employer as a
8 condition to payment shall be a violation of this Act and
9 shall be void.
10 (Source: P.A. 82-250.)
11 Section 99. Effective date. This Act takes effect upon
12 becoming law.