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[ Engrossed ] | [ Enrolled ] | [ House Amendment 001 ] |
[ House Amendment 003 ] |
92_HB3069 LRB9203207MWpk 1 AN ACT concerning local governments. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Counties Code is amended by adding 5 Section 3-14002.5 as follows: 6 (55 ILCS 5/3-14002.5 new) 7 Sec. 3-14002.5. Power to deduct wages for municipal 8 debts. 9 (a) Upon receipt of notice from the comptroller of a 10 municipality with a population of 500,000 or more that a debt 11 is due and owing the municipality by an employee of a county 12 with a population of 3,000,000 or more, the county may 13 withhold, from the compensation of that employee, the amount 14 of the debt that is due and owing and pay the amount withheld 15 to the municipality; provided, however, that the amount 16 deducted from any one salary or wage payment shall not exceed 17 25% of the net amount of the payment. 18 (b) Before the county deducts any amount from any salary 19 or wage of an employee under this Section, the municipality 20 shall certify that the employee has been afforded an 21 opportunity for a hearing to dispute the debt that is due and 22 owing the municipality. 23 (c) For purposes of this Section: 24 (1) "Net amount" means that part of the salary or 25 wage payment remaining after the deduction of any amounts 26 required by law to be deducted. 27 (2) "Debt due and owing" means (i) a specified sum 28 of money owed to the municipality for city services, 29 work, or goods, after the period granted for payment has 30 expired, or (ii) a specified sum of money owed to the 31 municipality pursuant to a court order or order of an -2- LRB9203207MWpk 1 administrative hearing officer after the exhaustion of, 2 or the failure to exhaust, judicial review. 3 (d) Nothing in this Section is intended to affect the 4 power of a county to withhold the amount of any debt that is 5 due and owing the county by any of its employees. 6 Section 10. The Illinois Municipal Code is amended by 7 adding Section 10-4-8 as follows: 8 (65 ILCS 5/10-4-8 new) 9 Sec. 10-4-8. Power to deduct wages for county debts. 10 (a) Upon receipt of notice from the comptroller of a 11 county with a population of 3,000,000 or more that a debt is 12 due and owing the county by an employee of a municipality 13 with a population of 500,000 or more, the municipality may 14 withhold, from the compensation of that employee, the amount 15 of the debt that is due and owing and pay the amount withheld 16 to the county; provided, however that the amount deducted 17 from any one salary or wage payment shall not exceed 25% of 18 the net amount of the payment. 19 (b) Before the municipality deducts any amount from any 20 salary or wage of an employee under this Section, the county 21 shall certify that the employee has been afforded an 22 opportunity for a hearing to dispute the debt that is due and 23 owning the county. 24 (c) For purposes of this Section: 25 (1) "Net amount" means the part of the salary or 26 wage payment remaining after the deduction of any amounts 27 required by law to be deducted. 28 (2) "Debt due and owing" means (i) a specified sum 29 of money owed to the county for services, work, or goods, 30 after the period granted for payment has expired, or (ii) 31 a specified sum of money owed to the county pursuant to a 32 court order or order of an administrative hearing officer -3- LRB9203207MWpk 1 after the exhaustion of, or the failure to exhaust, 2 judicial review. 3 (d) Nothing in this Section is intended to affect the 4 power of a municipality to withhold the amount of any debt 5 that is due and owing the municipality by any of its 6 employees. 7 Section 15. The Cook County Forest Preserve District Act 8 is amended by adding Section 17.5 as follows: 9 (70 ILCS 810/17.5 new) 10 Sec. 17.5. Power to deduct wages for municipal or county 11 debts. 12 (a) Upon receipt of notice from the comptroller of a 13 municipality with a population of 500,000 or more or a county 14 with a population of 3,000,000 or more that a debt is due and 15 owing the municipality or county by an employee of the 16 District, the District may withhold, from the compensation of 17 that employee, the amount of the debt that is due and owing 18 and pay the amount withheld to the municipality or county; 19 provided, however, that the amount deducted from any one 20 salary or wage payment shall not exceed 25% of the net amount 21 of the payment. 22 (b) Before the District deducts any amount from any 23 salary or wage of an employee under this Section, the 24 municipality or county shall certify that the employee has 25 been afforded an opportunity for a hearing to dispute the 26 debt that is due and owing the municipality or county. 27 (c) For purposes of this Section: 28 (1) "Net amount" means that part of the salary or 29 wage payment remaining after the deduction of any amounts 30 required by law to be deducted. 31 (2) "Debt due and owing" means (i) a specified sum 32 of money owed to the municipality or county for services, -4- LRB9203207MWpk 1 work, or goods, after the period granted for payment has 2 expired, or (ii) a specified sum of money owed to the 3 municipality or county pursuant to a court order or order 4 of an administrative hearing officer after the exhaustion 5 of, or the failure to exhaust, judicial review. 6 Section 17. The Chicago Park District Act is amended by 7 changing Section 16b as follows: 8 (70 ILCS 1505/16b) 9 Sec. 16b. Power to deduct wages for municipal or county 10 debts. Upon receipt of notice from the comptroller of a 11 municipality with a population of 500,000 or more or a county 12 with a population of 3,000,000 or more that a debt is due and 13 owing the municipality or county by an employee of the 14 Chicago Park District, the District may withhold, from the 15 compensation of that employee, the amount of the debt that is 16 due and owing and pay the amount withheld to the municipality 17 or county; provided, however, that the amount deducted from 18 any one salary or wage payment shall not exceed 25% of the 19 net amount of the payment. Before the District deducts any 20 amount from any salary or wage of an employee under this 21 Section, the municipality or county shall certify that the 22 employee has been afforded an opportunity for a hearing to 23 dispute the debt that is due and owing the municipality or 24 county. For purposes of this Section, "net amount" means that 25 part of the salary or wage payment remaining after the 26 deduction of any amounts required by law to be deducted and 27 "debt due and owing" means (i) a specified sum of money owed 28 to the municipality or county forcityservices, work, or 29 goods, after the period granted for payment has expired, or 30 (ii) a specified sum of money owed to the municipality or 31 county pursuant to a court order or order of an 32 administrative hearing officer after the exhaustion of, or -5- LRB9203207MWpk 1 the failure to exhaust, judicial review. 2 (Source: P.A. 90-22, eff. 6-20-97.) 3 Section 20. The Metropolitan Water Reclamation District 4 Act is amended by adding Section 4.39 as follows: 5 (70 ILCS 2605/4.39 new) 6 Sec. 4.39. Power to deduct wages for municipal or county 7 debts. 8 (a) Upon receipt of notice from the comptroller of a 9 municipality with a population of 500,000 or more or a county 10 with a population of 3,000,000 or more that a debt is due and 11 owing the municipality or the county by an employee of the 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 or county; 15 provided, however, that the amount deducted from any one 16 salary or wage payment shall not exceed 25% of the net amount 17 of the payment. 18 (b) Before the District deducts any amount from any 19 salary or wage of an employee under this Section, the 20 municipality or county shall certify that the employee has 21 been afforded an opportunity for a hearing to dispute the 22 debt that is due and owing the municipality or county. 23 (c) For purposes of this Section: 24 (1) "Net amount" means that part of the salary or 25 wage payment remaining after the deduction of any amounts 26 required by law to be deducted. 27 (2) "Debt due and owing" means (i) a specified sum 28 of money owed to the municipality or county for services, 29 work, or goods, after the period granted for payment has 30 expired, or (ii) a specified sum of money owed to the 31 municipality or county pursuant to a court order or order 32 of an administrative hearing officer after the exhaustion -6- LRB9203207MWpk 1 of, or the failure to exhaust, judicial review. 2 Section 22. The Metropolitan Transit Authority Act is 3 amended by changing Section 28c as follows: 4 (70 ILCS 3605/28c) 5 Sec. 28c. Power to deduct wages for municipal or county 6 debts. Upon receipt of notice from the comptroller of a 7 municipality with a population of 500,000 or more or a county 8 with a population of 3,000,000 or more that a debt is due and 9 owing the municipality or county by an employee of the 10 Authority, the Authority may withhold, from the compensation 11 of that employee, the amount of the debt that is due and 12 owing and pay the amount withheld to the municipality or 13 county; provided, however, that the amount deducted from any 14 one salary or wage payment shall not exceed 25% of the net 15 amount of the payment. Before the Authority deducts any 16 amount from any salary or wage of an employee 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. For purposes of this Section, "net amount" means 21 that part of the salary or wage payment remaining after the 22 deduction of any amounts required by law to be deducted and 23 "debt due and owing" means (i) a specified sum of money owed 24 to the municipality or county forcityservices, work, or 25 goods, after the period granted for payment has expired, or 26 (ii) a specified sum of money owed to the municipality or 27 county pursuant to a court order or order of an 28 administrative hearing officer after the exhaustion of, or 29 the failure to exhaust, judicial review. 30 (Source: P.A. 90-22, eff. 6-20-97.) 31 Section 23. The School Code is amended by changing -7- LRB9203207MWpk 1 Section 34-18 as follows: 2 (105 ILCS 5/34-18) (from Ch. 122, par. 34-18) 3 Sec. 34-18. Powers of the board. The board shall 4 exercise general supervision and jurisdiction over the public 5 education and the public school system of the city, and, 6 except as otherwise provided by this Article, shall have 7 power: 8 1. To make suitable provision for the establishment 9 and maintenance throughout the year or for such portion 10 thereof as it may direct, not less than 9 months, of 11 schools of all grades and kinds, including normal 12 schools, high schools, night schools, schools for 13 defectives and delinquents, parental and truant schools, 14 schools for the blind, the deaf and the crippled, schools 15 or classes in manual training, constructural and 16 vocational teaching, domestic arts and physical culture, 17 vocation and extension schools and lecture courses, and 18 all other educational courses and facilities, including 19 establishing, equipping, maintaining and operating 20 playgrounds and recreational programs, when such programs 21 are conducted in, adjacent to, or connected with any 22 public school under the general supervision and 23 jurisdiction of the board; provided, however, that in 24 allocating funds from year to year for the operation of 25 all attendance centers within the district, the board 26 shall ensure that supplemental general State aid funds 27 are allocated and applied in accordance with Section 18-8 28 or 18-8.05. To admit to such schools without charge 29 foreign exchange students who are participants in an 30 organized exchange student program which is authorized by 31 the board. The board shall permit all students to enroll 32 in apprenticeship programs in trade schools operated by 33 the board, whether those programs are union-sponsored or -8- LRB9203207MWpk 1 not. No student shall be refused admission into or be 2 excluded from any course of instruction offered in the 3 common schools by reason of that student's sex. No 4 student shall be denied equal access to physical 5 education and interscholastic athletic programs supported 6 from school district funds or denied participation in 7 comparable physical education and athletic programs 8 solely by reason of the student's sex. Equal access to 9 programs supported from school district funds and 10 comparable programs will be defined in rules promulgated 11 by the State Board of Education in consultation with the 12 Illinois High School Association. Notwithstanding any 13 other provision of this Article, neither the board of 14 education nor any local school council or other school 15 official shall recommend that children with disabilities 16 be placed into regular education classrooms unless those 17 children with disabilities are provided with 18 supplementary services to assist them so that they 19 benefit from the regular classroom instruction and are 20 included on the teacher's regular education class 21 register; 22 2. To furnish lunches to pupils, to make a 23 reasonable charge therefor, and to use school funds for 24 the payment of such expenses as the board may determine 25 are necessary in conducting the school lunch program; 26 3. To co-operate with the circuit court; 27 4. To make arrangements with the public or 28 quasi-public libraries and museums for the use of their 29 facilities by teachers and pupils of the public schools; 30 5. To employ dentists and prescribe their duties 31 for the purpose of treating the pupils in the schools, 32 but accepting such treatment shall be optional with 33 parents or guardians; 34 6. To grant the use of assembly halls and -9- LRB9203207MWpk 1 classrooms when not otherwise needed, including light, 2 heat, and attendants, for free public lectures, concerts, 3 and other educational and social interests, free of 4 charge, under such provisions and control as the 5 principal of the affected attendance center may 6 prescribe; 7 7. To apportion the pupils to the several schools; 8 provided that no pupil shall be excluded from or 9 segregated in any such school on account of his color, 10 race, sex, or nationality. The board shall take into 11 consideration the prevention of segregation and the 12 elimination of separation of children in public schools 13 because of color, race, sex, or nationality. Except that 14 children may be committed to or attend parental and 15 social adjustment schools established and maintained 16 either for boys or girls only. All records pertaining to 17 the creation, alteration or revision of attendance areas 18 shall be open to the public. Nothing herein shall limit 19 the board's authority to establish multi-area attendance 20 centers or other student assignment systems for 21 desegregation purposes or otherwise, and to apportion the 22 pupils to the several schools. Furthermore, beginning in 23 school year 1994-95, pursuant to a board plan adopted by 24 October 1, 1993, the board shall offer, commencing on a 25 phased-in basis, the opportunity for families within the 26 school district to apply for enrollment of their children 27 in any attendance center within the school district which 28 does not have selective admission requirements approved 29 by the board. The appropriate geographical area in which 30 such open enrollment may be exercised shall be determined 31 by the board of education. Such children may be admitted 32 to any such attendance center on a space available basis 33 after all children residing within such attendance 34 center's area have been accommodated. If the number of -10- LRB9203207MWpk 1 applicants from outside the attendance area exceed the 2 space available, then successful applicants shall be 3 selected by lottery. The board of education's open 4 enrollment plan must include provisions that allow low 5 income students to have access to transportation needed 6 to exercise school choice. Open enrollment shall be in 7 compliance with the provisions of the Consent Decree and 8 Desegregation Plan cited in Section 34-1.01; 9 8. To approve programs and policies for providing 10 transportation services to students. Nothing herein shall 11 be construed to permit or empower the State Board of 12 Education to order, mandate, or require busing or other 13 transportation of pupils for the purpose of achieving 14 racial balance in any school; 15 9. Subject to the limitations in this Article, to 16 establish and approve system-wide curriculum objectives 17 and standards, including graduation standards, which 18 reflect the multi-cultural diversity in the city and are 19 consistent with State law, provided that for all purposes 20 of this Article courses or proficiency in American Sign 21 Language shall be deemed to constitute courses or 22 proficiency in a foreign language; and to employ 23 principals and teachers, appointed as provided in this 24 Article, and fix their compensation. The board shall 25 prepare such reports related to minimal competency 26 testing as may be requested by the State Board of 27 Education, and in addition shall monitor and approve 28 special education and bilingual education programs and 29 policies within the district to assure that appropriate 30 services are provided in accordance with applicable State 31 and federal laws to children requiring services and 32 education in those areas; 33 10. To employ non-teaching personnel or utilize 34 volunteer personnel for: (i) non-teaching duties not -11- LRB9203207MWpk 1 requiring instructional judgment or evaluation of pupils, 2 including library duties; and (ii) supervising study 3 halls, long distance teaching reception areas used 4 incident to instructional programs transmitted by 5 electronic media such as computers, video, and audio, 6 detention and discipline areas, and school-sponsored 7 extracurricular activities. The board may further utilize 8 volunteer non-certificated personnel or employ 9 non-certificated personnel to assist in the instruction 10 of pupils under the immediate supervision of a teacher 11 holding a valid certificate, directly engaged in teaching 12 subject matter or conducting activities; provided that 13 the teacher shall be continuously aware of the 14 non-certificated persons' activities and shall be able to 15 control or modify them. The general superintendent shall 16 determine qualifications of such personnel and shall 17 prescribe rules for determining the duties and activities 18 to be assigned to such personnel; 19 11. To provide television studio facilities in not 20 to exceed one school building and to provide programs for 21 educational purposes, provided, however, that the board 22 shall not construct, acquire, operate, or maintain a 23 television transmitter; to grant the use of its studio 24 facilities to a licensed television station located in 25 the school district; and to maintain and operate not to 26 exceed one school radio transmitting station and provide 27 programs for educational purposes; 28 12. To offer, if deemed appropriate, outdoor 29 education courses, including field trips within the State 30 of Illinois, or adjacent states, and to use school 31 educational funds for the expense of the said outdoor 32 educational programs, whether within the school district 33 or not; 34 13. During that period of the calendar year not -12- LRB9203207MWpk 1 embraced within the regular school term, to provide and 2 conduct courses in subject matters normally embraced in 3 the program of the schools during the regular school term 4 and to give regular school credit for satisfactory 5 completion by the student of such courses as may be 6 approved for credit by the State Board of Education; 7 14. To insure against any loss or liability of the 8 board, the former School Board Nominating Commission, 9 Local School Councils, the Chicago Schools Academic 10 Accountability Council, or the former Subdistrict 11 Councils or of any member, officer, agent or employee 12 thereof, resulting from alleged violations of civil 13 rights arising from incidents occurring on or after 14 September 5, 1967 or from the wrongful or negligent act 15 or omission of any such person whether occurring within 16 or without the school premises, provided the officer, 17 agent or employee was, at the time of the alleged 18 violation of civil rights or wrongful act or omission, 19 acting within the scope of his employment or under 20 direction of the board, the former School Board 21 Nominating Commission, the Chicago Schools Academic 22 Accountability Council, Local School Councils, or the 23 former Subdistrict Councils; and to provide for or 24 participate in insurance plans for its officers and 25 employees, including but not limited to retirement 26 annuities, medical, surgical and hospitalization benefits 27 in such types and amounts as may be determined by the 28 board; provided, however, that the board shall contract 29 for such insurance only with an insurance company 30 authorized to do business in this State. Such insurance 31 may include provision for employees who rely on treatment 32 by prayer or spiritual means alone for healing, in 33 accordance with the tenets and practice of a recognized 34 religious denomination; -13- LRB9203207MWpk 1 15. To contract with the corporate authorities of 2 any municipality or the county board of any county, as 3 the case may be, to provide for the regulation of traffic 4 in parking areas of property used for school purposes, in 5 such manner as is provided by Section 11-209 of The 6 Illinois Vehicle Code, approved September 29, 1969, as 7 amended; 8 16. To provide, on an equal basis, access to the 9 school campus to the official recruiting representatives 10 of the armed forces of Illinois and the United States for 11 the purposes of informing students of the educational and 12 career opportunities available in the military if the 13 board has provided such access to persons or groups whose 14 purpose is to acquaint students with educational or 15 occupational opportunities available to them. The board 16 is not required to give greater notice regarding the 17 right of access to recruiting representatives than is 18 given to other persons and groups; 19 17. (a) To sell or market any computer program 20 developed by an employee of the school district, provided 21 that such employee developed the computer program as a 22 direct result of his or her duties with the school 23 district or through the utilization of the school 24 district resources or facilities. The employee who 25 developed the computer program shall be entitled to share 26 in the proceeds of such sale or marketing of the computer 27 program. The distribution of such proceeds between the 28 employee and the school district shall be as agreed upon 29 by the employee and the school district, except that 30 neither the employee nor the school district may receive 31 more than 90% of such proceeds. The negotiation for an 32 employee who is represented by an exclusive bargaining 33 representative may be conducted by such bargaining 34 representative at the employee's request. -14- LRB9203207MWpk 1 (b) For the purpose of this paragraph 17: 2 (1) "Computer" means an internally programmed, 3 general purpose digital device capable of 4 automatically accepting data, processing data and 5 supplying the results of the operation. 6 (2) "Computer program" means a series of coded 7 instructions or statements in a form acceptable to a 8 computer, which causes the computer to process data 9 in order to achieve a certain result. 10 (3) "Proceeds" means profits derived from 11 marketing or sale of a product after deducting the 12 expenses of developing and marketing such product; 13 18. To delegate to the general superintendent of 14 schools, by resolution, the authority to approve 15 contracts and expenditures in amounts of $10,000 or less; 16 19. Upon the written request of an employee, to 17 withhold from the compensation of that employee any dues, 18 payments or contributions payable by such employee to any 19 labor organization as defined in the Illinois Educational 20 Labor Relations Act. Under such arrangement, an amount 21 shall be withheld from each regular payroll period which 22 is equal to the pro rata share of the annual dues plus 23 any payments or contributions, and the board shall 24 transmit such withholdings to the specified labor 25 organization within 10 working days from the time of the 26 withholding; 27 19a. Upon receipt of notice from the comptroller of 28 a municipality with a population of 500,000 or more or a 29 county with a population of 3,000,000 or more that a debt 30 is due and owing the municipality or county by an 31 employee of the Chicago School Reform Board of Trustees, 32 to withhold, from the compensation of that employee, the 33 amount of the debt that is due and owing and pay the 34 amount withheld to the municipality or county; provided, -15- LRB9203207MWpk 1 however, that the amount deducted from any one salary or 2 wage payment shall not exceed 25% of the net amount of 3 the payment. Before the Board deducts any amount from 4 any salary or wage of an employee under this paragraph, 5 the municipality or county shall certify that the 6 employee has been afforded an opportunity for a hearing 7 to dispute the debt that is due and owing the 8 municipality or county. For purposes of this paragraph, 9 "net amount" means that part of the salary or wage 10 payment remaining after the deduction of any amounts 11 required by law to be deducted and "debt due and owing" 12 means (i) a specified sum of money owed to the 13 municipality or county forcityservices, work, or goods, 14 after the period granted for payment has expired, or (ii) 15 a specified sum of money owed to the municipality or 16 county pursuant to a court order or order of an 17 administrative hearing officer after the exhaustion of, 18 or the failure to exhaust, judicial review; 19 20. The board is encouraged to employ a sufficient 20 number of certified school counselors to maintain a 21 student/counselor ratio of 250 to 1 by July 1, 1990. 22 Each counselor shall spend at least 75% of his work time 23 in direct contact with students and shall maintain a 24 record of such time; 25 21. To make available to students vocational and 26 career counseling and to establish 5 special career 27 counseling days for students and parents. On these days 28 representatives of local businesses and industries shall 29 be invited to the school campus and shall inform students 30 of career opportunities available to them in the various 31 businesses and industries. Special consideration shall 32 be given to counseling minority students as to career 33 opportunities available to them in various fields. For 34 the purposes of this paragraph, minority student means a -16- LRB9203207MWpk 1 person who is: 2 (a) Black (a person having origins in any of 3 the black racial groups in Africa); 4 (b) Hispanic (a person of Spanish or 5 Portuguese culture with origins in Mexico, South or 6 Central America, or the Caribbean islands, 7 regardless of race); 8 (c) Asian American (a person having origins in 9 any of the original peoples of the Far East, 10 Southeast Asia, the Indian Subcontinent or the 11 Pacific Islands); or 12 (d) American Indian or Alaskan Native (a 13 person having origins in any of the original peoples 14 of North America). 15 Counseling days shall not be in lieu of regular 16 school days; 17 22. To report to the State Board of Education the 18 annual student dropout rate and number of students who 19 graduate from, transfer from or otherwise leave bilingual 20 programs; 21 23. Except as otherwise provided in the Abused and 22 Neglected Child Reporting Act or other applicable State 23 or federal law, to permit school officials to withhold, 24 from any person, information on the whereabouts of any 25 child removed from school premises when the child has 26 been taken into protective custody as a victim of 27 suspected child abuse. School officials shall direct 28 such person to the Department of Children and Family 29 Services, or to the local law enforcement agency if 30 appropriate; 31 24. To develop a policy, based on the current state 32 of existing school facilities, projected enrollment and 33 efficient utilization of available resources, for capital 34 improvement of schools and school buildings within the -17- LRB9203207MWpk 1 district, addressing in that policy both the relative 2 priority for major repairs, renovations and additions to 3 school facilities, and the advisability or necessity of 4 building new school facilities or closing existing 5 schools to meet current or projected demographic patterns 6 within the district; 7 25. To make available to the students in every high 8 school attendance center the ability to take all courses 9 necessary to comply with the Board of Higher Education's 10 college entrance criteria effective in 1993; 11 26. To encourage mid-career changes into the 12 teaching profession, whereby qualified professionals 13 become certified teachers, by allowing credit for 14 professional employment in related fields when 15 determining point of entry on teacher pay scale; 16 27. To provide or contract out training programs 17 for administrative personnel and principals with revised 18 or expanded duties pursuant to this Act in order to 19 assure they have the knowledge and skills to perform 20 their duties; 21 28. To establish a fund for the prioritized special 22 needs programs, and to allocate such funds and other lump 23 sum amounts to each attendance center in a manner 24 consistent with the provisions of part 4 of Section 25 34-2.3. Nothing in this paragraph shall be construed to 26 require any additional appropriations of State funds for 27 this purpose; 28 29. (Blank); 29 30. Notwithstanding any other provision of this Act 30 or any other law to the contrary, to contract with third 31 parties for services otherwise performed by employees, 32 including those in a bargaining unit, and to layoff those 33 employees upon 14 days written notice to the affected 34 employees. Those contracts may be for a period not to -18- LRB9203207MWpk 1 exceed 5 years and may be awarded on a system-wide basis; 2 31. To promulgate rules establishing procedures 3 governing the layoff or reduction in force of employees 4 and the recall of such employees, including, but not 5 limited to, criteria for such layoffs, reductions in 6 force or recall rights of such employees and the weight 7 to be given to any particular criterion. Such criteria 8 shall take into account factors including, but not be 9 limited to, qualifications, certifications, experience, 10 performance ratings or evaluations, and any other factors 11 relating to an employee's job performance; and 12 32. To develop a policy to prevent nepotism in the 13 hiring of personnel or the selection of contractors. 14 The specifications of the powers herein granted are not 15 to be construed as exclusive but the board shall also 16 exercise all other powers that they may be requisite or 17 proper for the maintenance and the development of a public 18 school system, not inconsistent with the other provisions of 19 this Article or provisions of this Code which apply to all 20 school districts. 21 In addition to the powers herein granted and authorized 22 to be exercised by the board, it shall be the duty of the 23 board to review or to direct independent reviews of special 24 education expenditures and services. The board shall file a 25 report of such review with the General Assembly on or before 26 May 1, 1990. 27 (Source: P.A. 89-15, eff. 5-30-95; 89-397, eff. 8-20-95; 28 89-626, eff. 8-9-96; 90-22, eff. 6-20-97; 90-548, eff. 29 1-1-98.) 30 Section 25. The Housing Authorities Act is amended by 31 adding Section 6.1 as follows: 32 (310 ILCS 10/6.1 new) -19- LRB9203207MWpk 1 Sec. 6.1. Power to deduct wages for municipal or county 2 debts. 3 (a) Upon receipt of notice from the comptroller of a 4 municipality with a population of 500,000 or more or a county 5 with a population of 3,000,000 or more that a debt is due and 6 owing the municipality or county by an employee of the 7 housing authority of a municipality with a population of 8 500,000 or more, that authority may withhold, from the 9 compensation of that employee, the amount of the debt that is 10 due and owing and pay the amount withheld to the municipality 11 or county; provided, however, that the amount deducted from 12 any one salary or wage payment shall not exceed 25% of the 13 net amount of the payment. 14 (b) Before the housing authority of a municipality with 15 a population of 500,000 or more deducts any amount from any 16 salary or wage of an employee under this Section, the 17 municipality or county shall certify that the employee has 18 been afforded an opportunity for a hearing to dispute the 19 debt that is due and owing the municipality or county. 20 (c) For purposes of this Section: 21 (1) "Net amount" means that part of the salary or 22 wage payment remaining after the deduction of any amounts 23 required by law to be deducted. 24 (2) "Debt due and owing" means (i) a specified sum 25 of money owed to the municipality or county for services, 26 work, or goods, after the period granted for payment has 27 expired, or (ii) a specified sum of money owed to the 28 municipality or county pursuant to a court order or order 29 of an administrative hearing officer after the exhaustion 30 of, or the failure to exhaust, judicial review. 31 Section 30. The Illinois Wage Payment and Collection Act 32 is amended by changing Section 9 as follows: -20- LRB9203207MWpk 1 (820 ILCS 115/9) (from Ch. 48, par. 39m-9) 2 Sec. 9. Except as hereinafter provided, deductions by 3 employers from wages or final compensation are prohibited 4 unless such deductions are (1) required by law; (2) to the 5 benefit of the employee; (3) in response to a valid wage 6 assignment or wage deduction order; (4) made with the express 7 written consent of the employee, given freely at the time the 8 deduction is made; (5) made by a municipality with a 9 population of 500,000 or more, a county with a population of 10 3,000,000 or more, a community college district in a city 11 with a population of 500,000 or more, a housing authority in 12 a municipality with a population of 500,000 or more, the 13 Chicago Park District, the Metropolitan Transit Authority,or14 the Chicago School Reform Board of Trustees, the Cook County 15 Forest Preserve District, or the Metropolitan Water 16 Reclamation District to pay a debt owed by the employee to a 17 municipality with a population of 500,000 or more or a county 18 with a population of 3,000,000 or more; provided, however, 19 that the amount deducted from any one salary or wage payment 20 shall not exceed 25% of the net amount of the payment; or (6) 21 made by housing authority in a municipality with a population 22 of 500,000 or more or a municipality with a population of 23 500,000 or more to pay a debt owed by the employee to a 24 housing authority in a municipality with a population of 25 500,000 or more; provided, however, that the amount deducted 26 from any one salary or wage payment shall not exceed 25% of 27 the net amount of the payment. Before the municipality with a 28 population of 500,000 or more, the community college district 29 in a city with a population of 500,000 or more, the Chicago 30 Park District, the Metropolitan Transit Authority, a housing 31 authority in a municipality with a population of 500,000 or 32 more,orthe Chicago School Reform Board of Trustees, the 33 county with a population of 3,000,000 or more, the Cook 34 County Forest Preserve District, or the Metropolitan Water -21- LRB9203207MWpk 1 Reclamation District deducts any amount from any salary or 2 wage of an employee to pay a debt owed to a municipality with 3 a population of 500,000 or more or a county with a population 4 of 3,000,000 or more under this Section, the municipality or 5 county 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 or county. Before a housing authority 8 in a municipality with a population of 500,000 or more or a 9 municipality with a population of 500,000 or more or a county 10 with a population of 3,000,000 or more deducts any amount 11 from any salary or wage of an employee to pay a debt owed to 12 a housing authority in a municipality with a population of 13 500,000 or more under this Section, the housing authority 14 shall certify that the employee has been afforded an 15 opportunity for a hearing to dispute the debt that is due and 16 owing the housing authority. For purposes of this Section, 17 "net amount" means that part of the salary or wage payment 18 remaining after the deduction of any amounts required by law 19 to be deducted and "debt due and owing" means (i) a specified 20 sum of money owed to the municipality, county, or housing 21 authority for services, work, or goods, after the period 22 granted for payment has expired, or (ii) a specified sum of 23 money owed to the municipality, county, or housing authority 24 pursuant to a court order or order of an administrative 25 hearing officer after the exhaustion of, or the failure to 26 exhaust, judicial review. Where the legitimacy of any 27 deduction from wages is in dispute, the amount in question 28 may be withheld if the employer notifies the Department of 29 Labor on the date the payment is due in writing of the amount 30 that is being withheld and stating the reasons for which the 31 payment is withheld. Upon such notification the Department of 32 Labor shall conduct an investigation and render a judgment as 33 promptly as possible, and shall complete such investigation 34 within 30 days of receipt of the notification by the employer -22- LRB9203207MWpk 1 that wages have been withheld. The employer shall pay the 2 wages due upon order of the Department of Labor within 15 3 calendar days of issuance of a judgment on the dispute. 4 The Department shall establish rules to protect the 5 interests of both parties in cases of disputed deductions 6 from wages. Such rules shall include reasonable limitations 7 on the amount of deductions beyond those required by law 8 which may be made during any pay period by any employer. 9 In case of a dispute over wages, the employer shall pay, 10 without condition and within the time set by this Act, all 11 wages or parts thereof, conceded by him to be due, leaving to 12 the employee all remedies to which he may otherwise be 13 entitled as to any balance claimed. The acceptance by an 14 employee of a disputed paycheck shall not constitute a 15 release as to the balance of his claim and any release or 16 restrictive endorsement required by an employer as a 17 condition to payment shall be a violation of this Act and 18 shall be void. 19 (Source: P.A. 90-22, eff. 6-20-97; 91-443, eff. 8-6-99.) 20 Section 99. Effective date. This Act takes effect upon 21 becoming law.