Public Act 90-0022 of the 90th General Assembly
Public Act 90-0022
HB1916 Enrolled LRB9005178DNmb
AN ACT concerning wage deductions to repay debts owed to
municipalities.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Chicago Park District Act is amended by
adding Section 16b as follows:
(70 ILCS 1505/16b new)
Sec. 16b. Power to deduct wages for municipal debts.
Upon receipt of notice from the comptroller of a municipality
with a population of 500,000 or more that a debt is due and
owing the municipality by an employee of the Chicago Park
District, the District may withhold, from the compensation of
that employee, the amount of the debt that is due and owing
and pay the amount withheld to the municipality; provided,
however, that the amount deducted from any one salary or wage
payment shall not exceed 25% of the net amount of the
payment. Before the District deducts any amount from any
salary or wage of an employee under this Section, the
municipality shall certify that the employee has been
afforded an opportunity for a hearing to dispute the debt
that is due and owing the municipality. For purposes of this
Section, "net amount" means that part of the salary or wage
payment remaining after the deduction of any amounts required
by law to be deducted and "debt due and owing" means (i) a
specified sum of money owed to the municipality for city
services, work, or goods, after the period granted for
payment has expired, or (ii) a specified sum of money owed to
the municipality pursuant to a court order or order of an
administrative hearing officer after the exhaustion of, or
the failure to exhaust, judicial review.
Section 10. The Metropolitan Transit Authority Act is
amended by adding Section 28c as follows:
(70 ILCS 3605/28c new)
Sec. 28c. Power to deduct wages for municipal debts.
Upon receipt of notice from the comptroller of a municipality
with a population of 500,000 or more that a debt is due and
owing the municipality by an employee of the Authority, the
Authority may withhold, from the compensation of that
employee, the amount of the debt that is due and owing and
pay the amount withheld to the municipality; provided,
however, that the amount deducted from any one salary or wage
payment shall not exceed 25% of the net amount of the
payment. Before the Authority deducts any amount from any
salary or wage of an employee under this Section, the
municipality shall certify that the employee has been
afforded an opportunity for a hearing to dispute the debt
that is due and owing the municipality. For purposes of this
Section, "net amount" means that part of the salary or wage
payment remaining after the deduction of any amounts required
by law to be deducted and "debt due and owing" means (i) a
specified sum of money owed to the municipality for city
services, work, or goods, after the period granted for
payment has expired, or (ii) a specified sum of money owed to
the municipality pursuant to a court order or order of an
administrative hearing officer after the exhaustion of, or
the failure to exhaust, judicial review.
Section 15. The School Code is amended by changing
Section 34-18 as follows:
(105 ILCS 5/34-18) (from Ch. 122, par. 34-18)
Sec. 34-18. Powers of the board. The board shall
exercise general supervision and jurisdiction over the public
education and the public school system of the city, and,
except as otherwise provided by this Article, shall have
power:
1. To make suitable provision for the establishment
and maintenance throughout the year or for such portion
thereof as it may direct, not less than 9 months, of
schools of all grades and kinds, including normal
schools, high schools, night schools, schools for
defectives and delinquents, parental and truant schools,
schools for the blind, the deaf and the crippled, schools
or classes in manual training, constructural and
vocational teaching, domestic arts and physical culture,
vocation and extension schools and lecture courses, and
all other educational courses and facilities, including
establishing, equipping, maintaining and operating
playgrounds and recreational programs, when such programs
are conducted in, adjacent to, or connected with any
public school under the general supervision and
jurisdiction of the board; provided, however, that in
allocating funds from year to year for the operation of
all attendance centers within the district, the board
shall ensure that State Chapter 1 funds are allocated and
applied in accordance with Section 18-8. To admit to such
schools without charge foreign exchange students who are
participants in an organized exchange student program
which is authorized by the board. The board shall permit
all students to enroll in apprenticeship programs in
trade schools operated by the board, whether those
programs are union-sponsored or not. No student shall
be refused admission into or be excluded from any course
of instruction offered in the common schools by reason of
that student's sex. No student shall be denied equal
access to physical education and interscholastic athletic
programs supported from school district funds or denied
participation in comparable physical education and
athletic programs solely by reason of the student's sex.
Equal access to programs supported from school district
funds and comparable programs will be defined in rules
promulgated by the State Board of Education in
consultation with the Illinois High School Association.
Notwithstanding any other provision of this Article,
neither the board of education nor any local school
council or other school official shall recommend that
children with disabilities be placed into regular
education classrooms unless those children with
disabilities are provided with supplementary services to
assist them so that they benefit from the regular
classroom instruction and are included on the teacher's
regular education class register;
2. To furnish lunches to pupils, to make a
reasonable charge therefor, and to use school funds for
the payment of such expenses as the board may determine
are necessary in conducting the school lunch program;
3. To co-operate with the circuit court;
4. To make arrangements with the public or
quasi-public libraries and museums for the use of their
facilities by teachers and pupils of the public schools;
5. To employ dentists and prescribe their duties
for the purpose of treating the pupils in the schools,
but accepting such treatment shall be optional with
parents or guardians;
6. To grant the use of assembly halls and
classrooms when not otherwise needed, including light,
heat, and attendants, for free public lectures, concerts,
and other educational and social interests, free of
charge, under such provisions and control as the
principal of the affected attendance center may
prescribe;
7. To apportion the pupils to the several schools;
provided that no pupil shall be excluded from or
segregated in any such school on account of his color,
race, sex, or nationality. The board shall take into
consideration the prevention of segregation and the
elimination of separation of children in public schools
because of color, race, sex, or nationality. Except that
children may be committed to or attend parental and
social adjustment schools established and maintained
either for boys or girls only. All records pertaining to
the creation, alteration or revision of attendance areas
shall be open to the public. Nothing herein shall limit
the board's authority to establish multi-area attendance
centers or other student assignment systems for
desegregation purposes or otherwise, and to apportion the
pupils to the several schools. Furthermore, beginning in
school year 1994-95, pursuant to a board plan adopted by
October 1, 1993, the board shall offer, commencing on a
phased-in basis, the opportunity for families within the
school district to apply for enrollment of their children
in any attendance center within the school district which
does not have selective admission requirements approved
by the board. The appropriate geographical area in which
such open enrollment may be exercised shall be determined
by the board of education. Such children may be admitted
to any such attendance center on a space available basis
after all children residing within such attendance
center's area have been accommodated. If the number of
applicants from outside the attendance area exceed the
space available, then successful applicants shall be
selected by lottery. The board of education's open
enrollment plan must include provisions that allow low
income students to have access to transportation needed
to exercise school choice. Open enrollment shall be in
compliance with the provisions of the Consent Decree and
Desegregation Plan cited in Section 34-1.01.
8. To approve programs and policies for providing
transportation services to students. Nothing herein shall
be construed to permit or empower the State Board of
Education to order, mandate, or require busing or other
transportation of pupils for the purpose of achieving
racial balance in any school;
9. Subject to the limitations in this Article, to
establish and approve system-wide curriculum objectives
and standards, including graduation standards, which
reflect the multi-cultural diversity in the city and are
consistent with State law, provided that for all purposes
of this Article courses or proficiency in American Sign
Language shall be deemed to constitute courses or
proficiency in a foreign language; and to employ
principals and teachers, appointed as provided in this
Article, and fix their compensation. The board shall
prepare such reports related to minimal competency
testing as may be requested by the State Board of
Education, and in addition shall monitor and approve
special education and bilingual education programs and
policies within the district to assure that appropriate
services are provided in accordance with applicable State
and federal laws to children requiring services and
education in those areas;
10. To employ non-teaching personnel or utilize
volunteer personnel for: (i) non-teaching duties not
requiring instructional judgment or evaluation of pupils,
including library duties; and (ii) supervising study
halls, long distance teaching reception areas used
incident to instructional programs transmitted by
electronic media such as computers, video, and audio,
detention and discipline areas, and school-sponsored
extracurricular activities. The board may further utilize
volunteer non-certificated personnel or employ
non-certificated personnel to assist in the instruction
of pupils under the immediate supervision of a teacher
holding a valid certificate, directly engaged in teaching
subject matter or conducting activities; provided that
the teacher shall be continuously aware of the
non-certificated persons' activities and shall be able to
control or modify them. The general superintendent shall
determine qualifications of such personnel and shall
prescribe rules for determining the duties and activities
to be assigned to such personnel;
11. To provide television studio facilities in not
to exceed one school building and to provide programs for
educational purposes, provided, however, that the board
shall not construct, acquire, operate, or maintain a
television transmitter; to grant the use of its studio
facilities to a licensed television station located in
the school district; and to maintain and operate not to
exceed one school radio transmitting station and provide
programs for educational purposes;
12. To offer, if deemed appropriate, outdoor
education courses, including field trips within the State
of Illinois, or adjacent states, and to use school
educational funds for the expense of the said outdoor
educational programs, whether within the school district
or not;
13. During that period of the calendar year not
embraced within the regular school term, to provide and
conduct courses in subject matters normally embraced in
the program of the schools during the regular school term
and to give regular school credit for satisfactory
completion by the student of such courses as may be
approved for credit by the State Board of Education;
14. To insure against any loss or liability of the
board, the former School Board Nominating Commission,
Local School Councils, the Chicago Schools Academic
Accountability Council, or the former Subdistrict
Councils or of any member, officer, agent or employee
thereof, resulting from alleged violations of civil
rights arising from incidents occurring on or after
September 5, 1967 or from the wrongful or negligent act
or omission of any such person whether occurring within
or without the school premises, provided the officer,
agent or employee was, at the time of the alleged
violation of civil rights or wrongful act or omission,
acting within the scope of his employment or under
direction of the board, the former School Board
Nominating Commission, the Chicago Schools Academic
Accountability Council, Local School Councils, or the
former Subdistrict Councils; and to provide for or
participate in insurance plans for its officers and
employees, including but not limited to retirement
annuities, medical, surgical and hospitalization benefits
in such types and amounts as may be determined by the
board; provided, however, that the board shall contract
for such insurance only with an insurance company
authorized to do business in this State. Such insurance
may include provision for employees who rely on treatment
by prayer or spiritual means alone for healing, in
accordance with the tenets and practice of a recognized
religious denomination;
15. To contract with the corporate authorities of
any municipality or the county board of any county, as
the case may be, to provide for the regulation of traffic
in parking areas of property used for school purposes, in
such manner as is provided by Section 11-209 of The
Illinois Vehicle Code, approved September 29, 1969, as
amended;
16. To provide, on an equal basis, access to the
school campus to the official recruiting representatives
of the armed forces of Illinois and the United States for
the purposes of informing students of the educational and
career opportunities available in the military if the
board has provided such access to persons or groups whose
purpose is to acquaint students with educational or
occupational opportunities available to them. The board
is not required to give greater notice regarding the
right of access to recruiting representatives than is
given to other persons and groups;
17. (a) To sell or market any computer program
developed by an employee of the school district, provided
that such employee developed the computer program as a
direct result of his or her duties with the school
district or through the utilization of the school
district resources or facilities. The employee who
developed the computer program shall be entitled to share
in the proceeds of such sale or marketing of the computer
program. The distribution of such proceeds between the
employee and the school district shall be as agreed upon
by the employee and the school district, except that
neither the employee nor the school district may receive
more than 90% of such proceeds. The negotiation for an
employee who is represented by an exclusive bargaining
representative may be conducted by such bargaining
representative at the employee's request.
(b) For the purpose of this paragraph 17:
(1) "Computer" means an internally programmed,
general purpose digital device capable of
automatically accepting data, processing data and
supplying the results of the operation.
(2) "Computer program" means a series of coded
instructions or statements in a form acceptable to a
computer, which causes the computer to process data
in order to achieve a certain result.
(3) "Proceeds" means profits derived from
marketing or sale of a product after deducting the
expenses of developing and marketing such product;
18. To delegate to the general superintendent of
schools, by resolution, the authority to approve
contracts and expenditures in amounts of $10,000 or less;
19. Upon the written request of an employee, to
withhold from the compensation of that employee any dues,
payments or contributions payable by such employee to any
labor organization as defined in the Illinois Educational
Labor Relations Act. Under such arrangement, an amount
shall be withheld from each regular payroll period which
is equal to the pro rata share of the annual dues plus
any payments or contributions, and the board shall
transmit such withholdings to the specified labor
organization within 10 working days from the time of the
withholding;
19a. Upon receipt of notice from the comptroller of
a municipality with a population of 500,000 or more that
a debt is due and owing the municipality by an employee
of the Chicago School Reform Board of Trustees, to
withhold, from the compensation of that employee, the
amount of the debt that is due and owing and pay the
amount withheld to the municipality; provided, however,
that the amount deducted from any one salary or wage
payment shall not exceed 25% of the net amount of the
payment. Before the Board deducts any amount from any
salary or wage of an employee under this paragraph, the
municipality shall certify that the employee has been
afforded an opportunity for a hearing to dispute the debt
that is due and owing the municipality. For purposes of
this paragraph, "net amount" means that part of the
salary or wage payment remaining after the deduction of
any amounts required by law to be deducted and "debt due
and owing" means (i) a specified sum of money owed to the
municipality for city services, work, or goods, after the
period granted for payment has expired, or (ii) a
specified sum of money owed to the municipality pursuant
to a court order or order of an administrative hearing
officer after the exhaustion of, or the failure to
exhaust, judicial review.
20. The board is encouraged to employ a sufficient
number of certified school counselors to maintain a
student/counselor ratio of 250 to 1 by July 1, 1990.
Each counselor shall spend at least 75% of his work time
in direct contact with students and shall maintain a
record of such time;
21. To make available to students vocational and
career counseling and to establish 5 special career
counseling days for students and parents. On these days
representatives of local businesses and industries shall
be invited to the school campus and shall inform students
of career opportunities available to them in the various
businesses and industries. Special consideration shall
be given to counseling minority students as to career
opportunities available to them in various fields. For
the purposes of this paragraph, minority student means a
person who is:
(a) Black (a person having origins in any of
the black racial groups in Africa);
(b) Hispanic (a person of Spanish or
Portuguese culture with origins in Mexico, South or
Central America, or the Caribbean islands,
regardless of race);
(c) Asian American (a person having origins in
any of the original peoples of the Far East,
Southeast Asia, the Indian Subcontinent or the
Pacific Islands); or
(d) American Indian or Alaskan Native (a
person having origins in any of the original peoples
of North America).
Counseling days shall not be in lieu of regular
school days;
22. To report to the State Board of Education the
annual student dropout rate and number of students who
graduate from, transfer from or otherwise leave bilingual
programs;
23. Except as otherwise provided in the Abused and
Neglected Child Reporting Act or other applicable State
or federal law, to permit school officials to withhold,
from any person, information on the whereabouts of any
child removed from school premises when the child has
been taken into protective custody as a victim of
suspected child abuse. School officials shall direct
such person to the Department of Children and Family
Services, or to the local law enforcement agency if
appropriate;
24. To develop a policy, based on the current state
of existing school facilities, projected enrollment and
efficient utilization of available resources, for capital
improvement of schools and school buildings within the
district, addressing in that policy both the relative
priority for major repairs, renovations and additions to
school facilities, and the advisability or necessity of
building new school facilities or closing existing
schools to meet current or projected demographic patterns
within the district;
25. To make available to the students in every high
school attendance center the ability to take all courses
necessary to comply with the Board of Higher Education's
college entrance criteria effective in 1993;
26. To encourage mid-career changes into the
teaching profession, whereby qualified professionals
become certified teachers, by allowing credit for
professional employment in related fields when
determining point of entry on teacher pay scale;
27. To provide or contract out training programs
for administrative personnel and principals with revised
or expanded duties pursuant to this Act in order to
assure they have the knowledge and skills to perform
their duties;
28. To establish a fund for the prioritized special
needs programs, and to allocate such funds and other lump
sum amounts to each attendance center in a manner
consistent with the provisions of part 4 of Section
34-2.3. Nothing in this paragraph shall be construed to
require any additional appropriations of State funds for
this purpose;
29. (Blank);
30. Notwithstanding any other provision of this Act
or any other law to the contrary, to contract with third
parties for services otherwise performed by employees,
including those in a bargaining unit, and to layoff those
employees upon 14 days written notice to the affected
employees. Those contracts may be for a period not to
exceed 5 years and may be awarded on a system-wide basis;
31. To promulgate rules establishing procedures
governing the layoff or reduction in force of employees
and the recall of such employees, including, but not
limited to, criteria for such layoffs, reductions in
force or recall rights of such employees and the weight
to be given to any particular criterion. Such criteria
shall take into account factors including, but not be
limited to, qualifications, certifications, experience,
performance ratings or evaluations, and any other factors
relating to an employee's job performance; and
32. To develop a policy to prevent nepotism in the
hiring of personnel or the selection of contractors.
The specifications of the powers herein granted are not
to be construed as exclusive but the board shall also
exercise all other powers that they may be requisite or
proper for the maintenance and the development of a public
school system, not inconsistent with the other provisions of
this Article or provisions of this Code which apply to all
school districts.
In addition to the powers herein granted and authorized
to be exercised by the board, it shall be the duty of the
board to review or to direct independent reviews of special
education expenditures and services. The board shall file a
report of such review with the General Assembly on or before
May 1, 1990.
(Source: P.A. 88-89; 88-511; 88-686, eff. 1-24-95; 89-15,
eff. 5-30-95; 89-397, eff. 8-20-95; 89-626, eff. 8-9-96.)
Section 20. The Public Community College Act is amended
by adding Section 7-1.2 as follows:
(110 ILCS 805/7-1.2 new)
Sec. 7-1.2. Power to deduct wages for municipal debts.
Upon receipt of notice from the comptroller of a municipality
with a population of 500,000 or more that a debt is due and
owing the municipality by an employee of the board, the board
may withhold, from the compensation of that employee, the
amount of the debt that is due and owing and pay the amount
withheld to the municipality; provided, however, that the
amount deducted from any one salary or wage payment shall not
exceed 25% of the net amount of the payment. Before the
board deducts any amount from any salary or wage of an
employee under this Section, the municipality shall certify
that the employee has been afforded an opportunity for a
hearing to dispute the debt that is due and owing the
municipality. For purposes of this Section, "net amount"
means that part of the salary or wage payment remaining after
the deduction of any amounts required by law to be deducted
and "debt due and owing" means (i) a specified sum of money
owed to the municipality for city services, work, or goods,
after the period granted for payment has expired, or (ii) a
specified sum of money owed to the municipality pursuant to a
court order or order of an administrative hearing officer
after the exhaustion of, or the failure to exhaust, judicial
review.
Section 25. The Illinois Wage Payment and Collection Act
is amended by changing Section 9 as follows:
(820 ILCS 115/9) (from Ch. 48, par. 39m-9)
Sec. 9. Except as hereinafter provided, deductions by
employers from wages or final compensation are prohibited
unless such deductions are (1) required by law; or (2) to the
benefit of the employee; or (3) in response to a valid wage
assignment or wage deduction order; or (4) made with the
express written consent of the employee, given freely at the
time the deduction is made; or (5) made by a municipality
with a population of 500,000 or more, a community college
district in a city with a population of 500,000 or more, the
Chicago Park District, the Metropolitan Transit Authority, or
the Chicago School Reform Board of Trustees to pay a debt
owed by the employee to a municipality with a population of
500,000 or more; provided, however, that the amount deducted
from any one salary or wage payment shall not exceed 25% of
the net amount of the payment. Before the municipality with
a population of 500,000 or more, the Chicago Park District,
the Metropolitan Transit Authority, or the Chicago School
Reform Board of Trustees deducts any amount from any salary
or wage of an employee under this Section, the municipality
shall certify that the employee has been afforded an
opportunity for a hearing to dispute the debt that is due and
owing the municipality. For purposes of this Section, "net
amount" means that part of the salary or wage payment
remaining after the deduction of any amounts required by law
to be deducted and "debt due and owing" means (i) a specified
sum of money owed to the municipality for city services,
work, or goods, after the period granted for payment has
expired, or (ii) a specified sum of money owed to the
municipality pursuant to a court order or order of an
administrative hearing officer after the exhaustion of, or
the failure to exhaust, judicial review. Where the legitimacy
of any deduction from wages is in dispute, the amount in
question may be withheld if the employer notifies the
Department of Labor on the date the payment is due in writing
of the amount that is being withheld and stating the reasons
for which the payment is withheld. Upon such notification the
Department of Labor shall conduct an investigation and render
a judgment as promptly as possible, and shall complete such
investigation within 30 days of receipt of the notification
by the employer that wages have been withheld. The employer
shall pay the wages due upon order of the Department of Labor
within 15 calendar days of issuance of a judgment on the
dispute.
The Department shall establish rules to protect the
interests of both parties in cases of disputed deductions
from wages. Such rules shall include reasonable limitations
on the amount of deductions beyond those required by law
which may be made during any pay period by any employer.
In case of a dispute over wages, the employer shall pay,
without condition and within the time set by this Act, all
wages or parts thereof, conceded by him to be due, leaving to
the employee all remedies to which he may otherwise be
entitled as to any balance claimed. The acceptance by an
employee of a disputed paycheck shall not constitute a
release as to the balance of his claim and any release or
restrictive endorsement required by an employer as a
condition to payment shall be a violation of this Act and
shall be void.
(Source: P.A. 82-250.)
Section 99. Effective date. This Act takes effect upon
becoming law.