HB1513 97TH GENERAL ASSEMBLY

LRB097 10175 KMW 50365 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB1513

Introduced 2/14/2011, by Rep. Lisa M. Dugan

SYNOPSIS AS INTRODUCED:

65 ILCS 5/10-4-10 new

Amends the Illinois Municipal Code. Provides that a municipality may, within 6 months after making an overpayment of wages directly to an employee, deduct the overpayment from the employee's regularly scheduled wage payment without the written consent of the employee. Sets forth the conditions that must be met in order for a municipality to deduct from an employee's wages. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning local government.

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

Section 5. The Illinois Municipal Code is amended by adding Section 10-4-10 as follows:

(65 ILCS 5/10-4-10 new)

Sec. 10-4-10. Power to recover the overpayment of wages. Within 6 months after making an overpayment of wages that are paid directly to an employee, a municipality may deduct the overpayment from the employee's regularly scheduled wage payment in one or more deductions without the written consent of the employee if all of the following conditions are met:

(1) The municipality provides the employee with a written notice of the deduction at least one month before the wage payment affected by the deduction is made. This notice must provide the amount of overpayment that will be recovered and the terms by which the overpayment will be recovered.

(2) The deduction from any one regularly scheduled wage payment does not reduce that payment by more than 20%.

(3) The deduction is made after the employer has made all deductions expressly permitted or required by law or a collective bargaining agreement, and after any employee-authorized deduction.

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