State of Illinois
92nd General Assembly
Legislation

   [ Search ]   [ PDF text ]   [ Legislation ]   
[ Home ]   [ Back ]   [ Bottom ]


[ Introduced ][ House Amendment 001 ][ Senate Amendment 002 ]


92_SB0980eng

 
SB980 Engrossed                                LRB9203206MWcd

 1        AN ACT concerning local governments.

 2        Be it  enacted  by  the  People  of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The  Counties  Code  is  amended  by  adding
 5    Section 3-14002.5 as follows:

 6        (55 ILCS 5/3-14002.5 new)
 7        Sec. 3-14002.5.  Power to deduct wages for debts.
 8        (a)  Upon receipt of notice from  the  comptroller  of  a
 9    municipality  with  a population of 500,000 or more, the Cook
10    County Forest Preserve District, the Chicago  Park  District,
11    the  Metropolitan  Water  Reclamation  District,  the Chicago
12    Transit Authority, the  Chicago  Board  of  Education,  or  a
13    housing  authority  of  a  municipality  with a population of
14    500,000  or  more  that  a  debt  is  due   and   owing   the
15    municipality,  the  Cook County Forest Preserve District, the
16    Chicago Park District,  the  Metropolitan  Water  Reclamation
17    District, the Chicago Transit Authority, the Chicago Board of
18    Education,  or  the  housing  authority  by  an employee of a
19    county with a population of 3,000,000 or more, the county may
20    withhold, from the compensation of that employee, the  amount
21    of the debt that is due and owing and pay the amount withheld
22    to   the   municipality,  the  Cook  County  Forest  Preserve
23    District, the Chicago Park District, the  Metropolitan  Water
24    Reclamation  District,  the  Chicago  Transit  Authority, the
25    Chicago  Board  of  Education,  or  the  housing   authority;
26    provided,  however,  that  the  amount  deducted from any one
27    salary or wage payment shall not exceed 25% of the net amount
28    of the payment.
29        (b)  Before the county deducts any amount from any salary
30    or wage of an employee under this Section, the  municipality,
31    the  Cook  County  Forest Preserve District, the Chicago Park
 
SB980 Engrossed             -2-                LRB9203206MWcd
 1    District, the Metropolitan Water  Reclamation  District,  the
 2    Chicago Transit Authority, the Chicago Board of Education, or
 3    the housing authority shall certify that (i) the employee has
 4    been  afforded  an  opportunity  for a hearing to dispute the
 5    debt that is due and owing the municipality, the Cook  County
 6    Forest  Preserve  District,  the  Chicago  Park District, the
 7    Metropolitan Water Reclamation District, the Chicago  Transit
 8    Authority,  the  Chicago  Board  of Education, or the housing
 9    authority and (ii) the employee has received notice of a wage
10    deduction order and has been afforded an  opportunity  for  a
11    hearing to object to the order.
12        (c)  For purposes of this Section:
13             (1)  "Net  amount"  means that part of the salary or
14        wage payment remaining after the deduction of any amounts
15        required by law to be deducted.
16             (2)  "Debt due and owing" means (i) a specified  sum
17        of money owed to the municipality, the Cook County Forest
18        Preserve   District,   the  Chicago  Park  District,  the
19        Metropolitan  Water  Reclamation  District,  the  Chicago
20        Transit Authority, the Chicago Board of Education, or the
21        housing authority for services, work, or goods, after the
22        period  granted  for  payment  has  expired,  or  (ii)  a
23        specified sum of money owed to the municipality, the Cook
24        County  Forest  Preserve  District,  the   Chicago   Park
25        District,  the  Metropolitan  Water Reclamation District,
26        the Chicago  Transit  Authority,  the  Chicago  Board  of
27        Education,  or  the housing authority pursuant to a court
28        order or order of an administrative hearing officer after
29        the exhaustion of, or the failure  to  exhaust,  judicial
30        review.
31        (d)  Nothing  in  this  Section is intended to affect the
32    power of a county to withhold the amount of any debt that  is
33    due and owing the county by any of its employees.
 
SB980 Engrossed             -3-                LRB9203206MWcd
 1        Section  10.  The  Illinois  Municipal Code is amended by
 2    adding Section 10-4-8 as follows:

 3        (65 ILCS 5/10-4-8 new)
 4        Sec. 10-4-8.  Power to deduct wages for debts.
 5        (a)  Upon receipt of notice from  the  comptroller  of  a
 6    county  with  a  population  of  3,000,000  or more, the Cook
 7    County Forest Preserve District, the Chicago  Park  District,
 8    the  Metropolitan  Water  Reclamation  District,  the Chicago
 9    Transit Authority, the  Chicago  Board  of  Education,  or  a
10    housing  authority  of  a  municipality  with a population of
11    500,000 or more that a debt is due and owing the county,  the
12    Cook  County  Forest  Preserve  District,  the  Chicago  Park
13    District,  the  Metropolitan  Water Reclamation District, the
14    Chicago Transit Authority, the Chicago Board of Education, or
15    the housing authority by an employee of a municipality with a
16    population of 500,000 or more, the municipality may withhold,
17    from the compensation of that employee,  the  amount  of  the
18    debt that is due and owing and pay the amount withheld to the
19    county, the Cook County Forest Preserve District, the Chicago
20    Park  District,  the Metropolitan Water Reclamation District,
21    the  Chicago  Transit  Authority,  the   Chicago   Board   of
22    Education,  or the housing authority; provided, however, that
23    the amount deducted from any one salary or wage payment shall
24    not exceed 25% of the net amount of the payment.
25        (b)  Before the municipality deducts any amount from  any
26    salary or wage of an employee under this Section, the county,
27    the  Cook  County  Forest Preserve District, the Chicago Park
28    District, the Metropolitan Water  Reclamation  District,  the
29    Chicago Transit Authority, the Chicago Board of Education, or
30    the  housing  authority   shall certify that (i) the employee
31    has been afforded an opportunity for a hearing to dispute the
32    debt that is due and owing the county, the Cook County Forest
33    Preserve   District,   the   Chicago   Park   District,   the
 
SB980 Engrossed             -4-                LRB9203206MWcd
 1    Metropolitan Water Reclamation District, the Chicago  Transit
 2    Authority,  the  Chicago  Board  of Education, or the housing
 3    authority and (ii) the employee has received notice of a wage
 4    deduction order and has been afforded an  opportunity  for  a
 5    hearing to object to the order.
 6        (c)  For purposes of this Section:
 7             (1)  "Net  amount"  means  the part of the salary or
 8        wage payment remaining after the deduction of any amounts
 9        required by law to be deducted.
10             (2)  "Debt due and owing" means (i) a specified  sum
11        of  money  owed  to  the  county,  the Cook County Forest
12        Preserve  District,  the  Chicago  Park   District,   the
13        Metropolitan  Water  Reclamation  District,  the  Chicago
14        Transit Authority, the Chicago Board of Education, or the
15        housing authority for services, work, or goods, after the
16        period  granted  for  payment  has  expired,  or  (ii)  a
17        specified  sum  of  money  owed  to  the county, the Cook
18        County  Forest  Preserve  District,  the   Chicago   Park
19        District,  the  Metropolitan  Water Reclamation District,
20        the Chicago  Transit  Authority,  the  Chicago  Board  of
21        Education,  or  the housing authority pursuant to a court
22        order or order of an administrative hearing officer after
23        the exhaustion of, or the failure  to  exhaust,  judicial
24        review.
25        (d)  Nothing  in  this  Section is intended to affect the
26    power of a municipality to withhold the amount  of  any  debt
27    that  is  due  and  owing  the  municipality  by  any  of its
28    employees.

29        Section 15.  The Cook County Forest Preserve District Act
30    is amended by adding Section 17.5 as follows:

31        (70 ILCS 810/17.5 new)
32        Sec. 17.5.  Power to deduct wages for debts.
 
SB980 Engrossed             -5-                LRB9203206MWcd
 1        (a)  Upon receipt of notice from  the  comptroller  of  a
 2    municipality  with  a population of 500,000 or more, a county
 3    with a population of 3,000,000  or  more,  the  Chicago  Park
 4    District,  the  Metropolitan  Water Reclamation District, the
 5    Chicago Transit Authority, the Chicago Board of Education, or
 6    a housing authority of a municipality with  a  population  of
 7    500,000   or   more   that  a  debt  is  due  and  owing  the
 8    municipality, the county,  the  Chicago  Park  District,  the
 9    Metropolitan  Water Reclamation District, the Chicago Transit
10    Authority, the Chicago Board of  Education,  or  the  housing
11    authority  by  an  employee of the District, the District may
12    withhold, from the compensation of that employee, the  amount
13    of the debt that is due and owing and pay the amount withheld
14    to  the  municipality, the county, the Chicago Park District,
15    the Metropolitan  Water  Reclamation  District,  the  Chicago
16    Transit  Authority,  the  Chicago  Board of Education, or the
17    housing  authority;  provided,  however,  that   the   amount
18    deducted from any one salary or wage payment shall not exceed
19    25% of the net amount of the payment.
20        (b)  Before  the  District  deducts  any  amount from any
21    salary or  wage  of  an  employee  under  this  Section,  the
22    municipality,  the  county,  the  Chicago  Park District, the
23    Metropolitan Water Reclamation District, the Chicago  Transit
24    Authority,  the  Chicago  Board  of Education, or the housing
25    authority shall  certify  that  (i)  the  employee  has  been
26    afforded  an  opportunity  for  a hearing to dispute the debt
27    that is due and  owing  the  municipality,  the  county,  the
28    Chicago  Park  District,  the  Metropolitan Water Reclamation
29    District, the Chicago Transit Authority, the Chicago Board of
30    Education, or the housing authority and (ii) the employee has
31    received notice of  a  wage  deduction  order  and  has  been
32    afforded  an  opportunity  for  a  hearing   to object to the
33    order.
34        (c)  For purposes of this Section:
 
SB980 Engrossed             -6-                LRB9203206MWcd
 1             (1)  "Net amount" means that part of the  salary  or
 2        wage payment remaining after the deduction of any amounts
 3        required by law to be deducted.
 4             (2)  "Debt  due and owing" means (i) a specified sum
 5        of money  owed  to  the  municipality,  the  county,  the
 6        Chicago Park District, the Metropolitan Water Reclamation
 7        District,  the  Chicago  Transit  Authority,  the Chicago
 8        Board  of  Education,  or  the  housing   authority   for
 9        services,  work,  or  goods, after the period granted for
10        payment has expired, or (ii) a  specified  sum  of  money
11        owed  to  the  municipality, the county, the Chicago Park
12        District, the Metropolitan  Water  Reclamation  District,
13        the  Chicago  Transit  Authority,  the  Chicago  Board of
14        Education, or the housing authority pursuant to  a  court
15        order or order of an administrative hearing officer after
16        the  exhaustion  of,  or the failure to exhaust, judicial
17        review.

18        Section 17.  The Chicago Park District Act is amended  by
19    changing Section 16b as follows:

20        (70 ILCS 1505/16b)
21        Sec.  16b.   Power  to  deduct wages for municipal debts.
22    Upon receipt of notice from the comptroller of a municipality
23    with a population  of  500,000  or  more,  a  county  with  a
24    population  of  3,000,000  or  more,  the  Cook County Forest
25    Preserve  District,  the   Metropolitan   Water   Reclamation
26    District, the Chicago Transit Authority, the Chicago Board of
27    Education,  or  a  housing authority of a municipality with a
28    population of 500,000 or more that a debt is  due  and  owing
29    the municipality, the county, the Cook County Forest Preserve
30    District,  the  Metropolitan  Water Reclamation District, the
31    Chicago Transit Authority, the Chicago Board of Education, or
32    the housing authority by an  employee  of  the  Chicago  Park
 
SB980 Engrossed             -7-                LRB9203206MWcd
 1    District, the District may withhold, from the compensation of
 2    that  employee,  the amount of the debt that is due and owing
 3    and pay the amount withheld to the municipality, the  county,
 4    the  Cook  County  Forest Preserve District, the Metropolitan
 5    Water Reclamation District, the  Chicago  Transit  Authority,
 6    the  Chicago  Board  of  Education, or the housing authority;
 7    provided, however, that the  amount  deducted  from  any  one
 8    salary or wage payment shall not exceed 25% of the net amount
 9    of  the payment.  Before the District deducts any amount from
10    any salary or wage of an employee  under  this  Section,  the
11    municipality,  the  county,  the  Cook County Forest Preserve
12    District, the Metropolitan Water  Reclamation  District,  the
13    Chicago Transit Authority, the Chicago Board of Education, or
14    the housing authority shall certify that (i) the employee has
15    been  afforded  an  opportunity  for a hearing to dispute the
16    debt that is due and owing the municipality, the county,  the
17    Cook  County Forest Preserve District, the Metropolitan Water
18    Reclamation District,  the  Chicago  Transit  Authority,  the
19    Chicago Board of Education, or the housing authority and (ii)
20    the  employee  has  received notice of a wage deduction order
21    and has been afforded an opportunity for a hearing  to object
22    to the order. For purposes  of  this  Section,  "net  amount"
23    means that part of the salary or wage payment remaining after
24    the  deduction  of any amounts required by law to be deducted
25    and "debt due and owing" means (i) a specified sum  of  money
26    owed  to the municipality, the county, the Cook County Forest
27    Preserve  District,  the   Metropolitan   Water   Reclamation
28    District, the Chicago Transit Authority, the Chicago Board of
29    Education,  or the housing authority for city services, work,
30    or goods, after the period granted for payment  has  expired,
31    or  (ii)  a  specified sum of money owed to the municipality,
32    the county, the Cook County  Forest  Preserve  District,  the
33    Metropolitan  Water Reclamation District, the Chicago Transit
34    Authority, the Chicago Board of  Education,  or  the  housing
 
SB980 Engrossed             -8-                LRB9203206MWcd
 1    authority   pursuant   to  a  court  order  or  order  of  an
 2    administrative hearing officer after the  exhaustion  of,  or
 3    the failure to exhaust, judicial review.
 4    (Source: P.A. 90-22, eff. 6-20-97.)

 5        Section  20.  The Metropolitan Water Reclamation District
 6    Act is amended by adding Section 4.39 as follows:

 7        (70 ILCS 2605/4.39 new)
 8        Sec. 4.39.  Power to deduct wages for debts.
 9        (a)  Upon receipt of notice from  the  comptroller  of  a
10    municipality  with  a population of 500,000 or more, a county
11    with a population of  3,000,000  or  more,  the  Cook  County
12    Forest  Preserve  District,  the  Chicago  Park District, the
13    Chicago Transit Authority, the Chicago Board of Education, or
14    a housing authority of a municipality with  a  population  of
15    500,000   or   more   that  a  debt  is  due  and  owing  the
16    municipality, the county, the  Cook  County  Forest  Preserve
17    District,  the  Chicago  Park  District,  the Chicago Transit
18    Authority, the Chicago Board of  Education,  or  the  housing
19    authority  by  an  employee of the District, the District may
20    withhold, from the compensation of that employee, the  amount
21    of the debt that is due and owing and pay the amount withheld
22    to  the  municipality,  the  county,  the  Cook County Forest
23    Preserve District, the Chicago  Park  District,  the  Chicago
24    Transit  Authority,  the  Chicago  Board of Education, or the
25    housing  authority;  provided,  however,  that   the   amount
26    deducted from any one salary or wage payment shall not exceed
27    25% of the net amount of the payment.
28        (b)  Before  the  District  deducts  any  amount from any
29    salary or  wage  of  an  employee  under  this  Section,  the
30    municipality,  the  county,  the  Cook County Forest Preserve
31    District, the Chicago  Park  District,  the  Chicago  Transit
32    Authority,  the  Chicago  Board  of Education, or the housing
 
SB980 Engrossed             -9-                LRB9203206MWcd
 1    authority shall  certify  that  (i)  the  employee  has  been
 2    afforded  an  opportunity  for  a hearing to dispute the debt
 3    that is due and owing the municipality, the county, the  Cook
 4    County  Forest  Preserve District, the Chicago Park District,
 5    the  Chicago  Transit  Authority,  the   Chicago   Board   of
 6    Education, or the housing authority and (ii) the employee has
 7    received  notice  of  a  wage  deduction  order  and has been
 8    afforded an opportunity for  a  hearing   to  object  to  the
 9    order.
10        (c)  For purposes of this Section:
11             (1)  "Net  amount"  means that part of the salary or
12        wage payment remaining after the deduction of any amounts
13        required by law to be deducted.
14             (2)  "Debt due and owing" means (i) a specified  sum
15        of  money  owed to the municipality, the county, the Cook
16        County  Forest  Preserve  District,  the   Chicago   Park
17        District,  the  Chicago  Transit  Authority,  the Chicago
18        Board  of  Education,  or  the  housing   authority   for
19        services,  work,  or  goods, after the period granted for
20        payment has expired, or (ii) a  specified  sum  of  money
21        owed  to  the  municipality,  the county, the Cook County
22        Forest Preserve District, the Chicago Park District,  the
23        Chicago   Transit   Authority,   the   Chicago  Board  of
24        Education, or the housing authority pursuant to  a  court
25        order or order of an administrative hearing officer after
26        the  exhaustion  of,  or the failure to exhaust, judicial
27        review.

28        Section 22.  The Metropolitan Transit  Authority  Act  is
29    amended by changing Section 28c as follows:

30        (70 ILCS 3605/28c)
31        Sec.  28c.   Power  to  deduct wages for municipal debts.
32    Upon receipt of notice from the comptroller of a municipality
 
SB980 Engrossed             -10-               LRB9203206MWcd
 1    with a population  of  500,000  or  more,  a  county  with  a
 2    population  of  3,000,000  or  more,  the  Cook County Forest
 3    Preserve   District,   the   Chicago   Park   District,   the
 4    Metropolitan Water Reclamation District, the Chicago Board of
 5    Education, or a housing authority of a  municipality  with  a
 6    population  of  500,000  or more that a debt is due and owing
 7    the municipality, the county, the Cook County Forest Preserve
 8    District, the Chicago Park District, the  Metropolitan  Water
 9    Reclamation  District, the Chicago Board of Education, or the
10    housing authority  by  an  employee  of  the  Authority,  the
11    Authority   may  withhold,  from  the  compensation  of  that
12    employee, the amount of the debt that is due  and  owing  and
13    pay  the amount withheld to the municipality, the county, the
14    Cook  County  Forest  Preserve  District,  the  Chicago  Park
15    District, the Metropolitan Water  Reclamation  District,  the
16    Chicago   Board  of  Education,  or  the  housing  authority;
17    provided, however, that the  amount  deducted  from  any  one
18    salary or wage payment shall not exceed 25% of the net amount
19    of the payment.  Before the Authority deducts any amount from
20    any  salary  or  wage  of an employee under this Section, the
21    municipality, the county, the  Cook  County  Forest  Preserve
22    District,  the  Chicago Park District, the Metropolitan Water
23    Reclamation District, the Chicago Board of Education, or  the
24    housing  authority  shall  certify  that (i) the employee has
25    been afforded an opportunity for a  hearing  to  dispute  the
26    debt  that is due and owing the municipality, the county, the
27    Cook  County  Forest  Preserve  District,  the  Chicago  Park
28    District, the Metropolitan Water  Reclamation  District,  the
29    Chicago Board of Education, or the housing authority and (ii)
30    the  employee  has  received notice of a wage deduction order
31    and has been afforded an opportunity for a hearing  to object
32    to the order.  For purposes of  this  Section,  "net  amount"
33    means that part of the salary or wage payment remaining after
34    the  deduction  of any amounts required by law to be deducted
 
SB980 Engrossed             -11-               LRB9203206MWcd
 1    and "debt due and owing" means (i) a specified sum  of  money
 2    owed  to the municipality, the county, the Cook County Forest
 3    Preserve   District,   the   Chicago   Park   District,   the
 4    Metropolitan Water Reclamation District, the Chicago Board of
 5    Education, or the housing authority for city services,  work,
 6    or  goods,  after the period granted for payment has expired,
 7    or (ii) a specified sum of money owed  to  the  municipality,
 8    the  county,  the  Cook  County Forest Preserve District, the
 9    Chicago Park District,  the  Metropolitan  Water  Reclamation
10    District,  the  Chicago  Board  of  Education, or the housing
11    authority  pursuant  to  a  court  order  or  order   of   an
12    administrative  hearing  officer  after the exhaustion of, or
13    the failure to exhaust, judicial review.
14    (Source: P.A. 90-22, eff. 6-20-97.)

15        Section 23.  The  School  Code  is  amended  by  changing
16    Section 34-18 as follows:

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

 4        Section  25.  The Housing Authorities Act is  amended  by
 5    adding Section 6.1 as follows:

 6        (310 ILCS 10/6.1 new)
 7        Sec. 6.1.  Power to deduct wages for debts.
 8        (a)  Upon  receipt  of  notice  from the comptroller of a
 9    municipality with a population of 500,000 or more,  a  county
10    with  a  population  of  3,000,000  or  more, the Cook County
11    Forest Preserve District,  the  Chicago  Park  District,  the
12    Metropolitan  Water Reclamation District, the Chicago Transit
13    Authority, or the Chicago Board of Education that a  debt  is
14    due  and  owing the municipality, the county, the Cook County
15    Forest Preserve District,  the  Chicago  Park  District,  the
16    Metropolitan  Water Reclamation District, the Chicago Transit
17    Authority, or the Chicago Board of Education by  an  employee
18    of  the housing authority of a municipality with a population
19    of 500,000 or more, that authority  may  withhold,  from  the
20    compensation of that employee, the amount of the debt that is
21    due   and   owing   and   pay  the  amount  withheld  to  the
22    municipality, the county, the  Cook  County  Forest  Preserve
23    District,  the  Chicago Park District, the Metropolitan Water
24    Reclamation District, the Chicago Transit Authority,  or  the
25    Chicago  Board  of  Education;  provided,  however,  that the
26    amount deducted from any one salary or wage payment shall not
27    exceed 25% of the net amount of the payment.
28        (b)  Before the housing authority of a municipality  with
29    a  population  of 500,000 or more deducts any amount from any
30    salary or  wage  of  an  employee  under  this  Section,  the
31    municipality,  the  county,  the  Cook County Forest Preserve
32    District, the Chicago Park District, the  Metropolitan  Water
 
SB980 Engrossed             -25-               LRB9203206MWcd
 1    Reclamation  District,  the Chicago Transit Authority, or the
 2    Chicago  Board  of  Education  shall  certify  that  (i)  the
 3    employee has been afforded an opportunity for  a  hearing  to
 4    dispute  the debt that is due and owing the municipality, the
 5    county, the Cook County Forest Preserve District, the Chicago
 6    Park District, the Metropolitan Water  Reclamation  District,
 7    the  Chicago  Transit  Authority,  or  the  Chicago  Board of
 8    Education and (ii) the employee has received notice of a wage
 9    deduction order and has been afforded an  opportunity  for  a
10    hearing  to object to the order.
11        (c)  For purposes of this Section:
12             (1)  "Net  amount"  means that part of the salary or
13        wage payment remaining after the deduction of any amounts
14        required by law to be deducted.
15             (2)  "Debt due and owing" means (i) a specified  sum
16        of  money  owed to the municipality, the county, the Cook
17        County  Forest  Preserve  District,  the   Chicago   Park
18        District,  the  Metropolitan  Water Reclamation District,
19        the Chicago Transit Authority, or the  Chicago  Board  of
20        Education  for services, work, or goods, after the period
21        granted for payment has expired, or (ii) a specified  sum
22        of  money  owed to the municipality, the county, the Cook
23        County  Forest  Preserve  District,  the   Chicago   Park
24        District,  the  Metropolitan  Water Reclamation District,
25        the Chicago Transit Authority, or the  Chicago  Board  of
26        Education  pursuant  to  a  court  order  or  order of an
27        administrative hearing officer after the  exhaustion  of,
28        or the failure to exhaust, judicial review.

29        Section 30.  The Illinois Wage Payment and Collection Act
30    is amended by changing Section 9 as follows:

31        (820 ILCS 115/9) (from Ch. 48, par. 39m-9)
32        Sec.  9.  Except  as  hereinafter provided, deductions by
 
SB980 Engrossed             -26-               LRB9203206MWcd
 1    employers from wages or  final  compensation  are  prohibited
 2    unless  such  deductions  are (1) required by law; (2) to the
 3    benefit of the employee; (3) in  response  to  a  valid  wage
 4    assignment or wage deduction order; (4) made with the express
 5    written consent of the employee, given freely at the time the
 6    deduction  is  made;  (5)  made  by  a  municipality  with  a
 7    population  of 500,000 or more, a county with a population of
 8    3,000,000 or more, a community college  district  in  a  city
 9    with  a population of 500,000 or more, a housing authority in
10    a municipality with a population  of  500,000  or  more,  the
11    Chicago Park District, the Metropolitan Transit Authority, or
12    the Chicago School Reform Board of Education, the Cook County
13    Forest   Preserve   District,   or   the  Metropolitan  Water
14    Reclamation District of Trustees to pay a debt  owed  by  the
15    employee  to  a  municipality with a population of 500,000 or
16    more, a county with a population of 3,000,000  or  more,  the
17    Cook  County  Forest Preserve, the Chicago Park District, the
18    Metropolitan Water Reclamation District, the Chicago  Transit
19    Authority,  the  Chicago  Board  of  Education,  or a housing
20    authority of a municipality with a population of  500,000  or
21    more;  provided,  however,  that the amount deducted from any
22    one salary or wage  payment shall not exceed 25% of  the  net
23    amount  of the payment; or (6) made by a housing authority in
24    a municipality with a population of  500,000  or  more  or  a
25    municipality  with  a  population of 500,000 or more to pay a
26    debt owed by  the  employee  to  a  housing  authority  in  a
27    municipality  with a population of 500,000 or more; provided,
28    however, that the amount deducted from any one salary or wage
29    payment shall not  exceed  25%  of  the  net  amount  of  the
30    payment. Before the municipality with a population of 500,000
31    or  more,  the  community  college  district in a city with a
32    population of 500,000 or more, the Chicago Park District, the
33    Metropolitan Transit Authority,  a  housing  authority  in  a
34    municipality  with  a  population  of 500,000 or more, or the
 
SB980 Engrossed             -27-               LRB9203206MWcd
 1    Chicago Board of Education, the county with a  population  of
 2    3,000,000  or more, the Cook County Forest Preserve District,
 3    or the Metropolitan Water Reclamation District School  Reform
 4    Board  of Trustees deducts any amount from any salary or wage
 5    of an employee to pay a debt owed to a  municipality  with  a
 6    population  of 500,000 or more, a county with a population of
 7    3,000,000 or more, the Cook County Forest Preserve  District,
 8    the Chicago Park District, the Metropolitan Water Reclamation
 9    District, the Chicago Transit Authority, the Chicago Board of
10    Education,  or  a  housing authority of a municipality with a
11    population  of  500,000  or  more  under  this  Section,  the
12    municipality, the county, the  Cook  County  Forest  Preserve
13    District,  the  Chicago Park District, the Metropolitan Water
14    Reclamation District,  the  Chicago  Transit  Authority,  the
15    Chicago  Board  of  Education,  or  a  housing authority of a
16    municipality with a  population  of  500,000  or  more  shall
17    certify   that   (i)   the  employee  has  been  afforded  an
18    opportunity for a hearing to dispute the debt that is due and
19    owing the municipality, the county, the  Cook  County  Forest
20    Preserve   District,   the   Chicago   Park   District,   the
21    Metropolitan  Water Reclamation District, the Chicago Transit
22    Authority, the Chicago  Board  of  Education,  or  a  housing
23    authority  of  a municipality with a population of 500,000 or
24    more and (ii) the employee has  received  notice  of  a  wage
25    deduction  order  and  has been afforded an opportunity for a
26    hearing  to object to the order. Before a  housing  authority
27    in  a  municipality with a population of 500,000 or more or a
28    municipality with a population of 500,000 or more,  a  county
29    with  a  population  of  3,000,000  or  more, the Cook County
30    Forest Preserve District,  the  Chicago  Park  District,  the
31    Metropolitan  Water Reclamation District, the Chicago Transit
32    Authority, or the Chicago  Board  of  Education  deducts  any
33    amount  from  any salary or wage of an employee to pay a debt
34    owed  to  a  housing  authority  in  a  municipality  with  a
 
SB980 Engrossed             -28-               LRB9203206MWcd
 1    population of 500,000 or more under this Section, the housing
 2    authority shall  certify  that  (i)  the  employee  has  been
 3    afforded  an  opportunity  for  a hearing to dispute the debt
 4    that is due and owing the  housing  authority  and  (ii)  the
 5    employee  has  received  notice of a wage deduction order and
 6    has been afforded an opportunity for a hearing  to object  to
 7    the  order.  For purposes of this Section, "net amount" means
 8    that part of the salary or wage payment remaining  after  the
 9    deduction  of  any amounts required by law to be deducted and
10    "debt due and owing" means (i) a specified sum of money  owed
11    to  the  municipality,  the  county,  the  Cook County Forest
12    Preserve   District,   the   Chicago   Park   District,   the
13    Metropolitan Water Reclamation District, the Chicago  Transit
14    Authority,   the  Chicago  Board  of  Education,  or  housing
15    authority for services, work,  or  goods,  after  the  period
16    granted  for  payment has expired, or (ii) a specified sum of
17    money owed to the municipality, the county, the  Cook  County
18    Forest  Preserve  District,  the  Chicago  Park District, the
19    Metropolitan Water Reclamation District, the Chicago  Transit
20    Authority,   the   Chicago  Board  of  Education  or  housing
21    authority  pursuant  to  a  court  order  or  order   of   an
22    administrative  hearing  officer  after the exhaustion of, or
23    the  failure  to  exhaust,  judicial   review.    Where   the
24    legitimacy  of  any  deduction  from wages is in dispute, the
25    amount in question may be withheld if the  employer  notifies
26    the  Department  of  Labor  on the date the payment is due in
27    writing of the amount that is being withheld and stating  the
28    reasons   for  which  the  payment  is  withheld.  Upon  such
29    notification  the  Department  of  Labor  shall  conduct   an
30    investigation  and render a judgment as promptly as possible,
31    and shall complete  such  investigation  within  30  days  of
32    receipt  of  the notification by the employer that wages have
33    been withheld. The employer shall  pay  the  wages  due  upon
34    order  of  the Department of Labor within 15 calendar days of
 
SB980 Engrossed             -29-               LRB9203206MWcd
 1    issuance of a judgment on the dispute.
 2        The Department  shall  establish  rules  to  protect  the
 3    interests  of  both  parties  in cases of disputed deductions
 4    from wages. Such rules shall include  reasonable  limitations
 5    on  the  amount  of  deductions  beyond those required by law
 6    which may be made during any pay period by any employer.
 7        In case of a dispute over wages, the employer shall  pay,
 8    without  condition  and  within the time set by this Act, all
 9    wages or parts thereof, conceded by him to be due, leaving to
10    the employee all  remedies  to  which  he  may  otherwise  be
11    entitled  as  to  any  balance claimed.  The acceptance by an
12    employee of  a  disputed  paycheck  shall  not  constitute  a
13    release  as  to  the  balance of his claim and any release or
14    restrictive  endorsement  required  by  an  employer   as   a
15    condition  to  payment  shall  be a violation of this Act and
16    shall be void.
17    (Source: P.A. 90-22, eff. 6-20-97; 91-443, eff. 8-6-99.)

18        Section 99.  Effective date.  This Act takes effect  upon
19    becoming law.

[ Top ]