Garnishment of wages The federal statute limiting the amount of "garnishment" to 25 per cent of a person's pay does not affect the Illinois State Comptroller Act allowing the state to "set off" from its employees' pay any amounts they owe to the state (Ill. Rev. Stat. 1975, ch. 15, sec. 210.05). The Federal Consumer Credit Protection Act was intended to protect employees from "predatory extensions of credit" and does not prevent employers from withholding pay from their own employees. The state's pay setoff is provided for by state law only because the state must direct its officers through statute. In a private company, the setoff would be provided for by an internal
June 1978/Illinois Issues/29 company rule. Therefore, the state's setoff is not a "garnishment" or "legal procedure" as defined in the Consumer Credit Protection Act. Moreover, if the federal act were applied to the Illinois pay setoffs, "there would be serious doubt about its constitutionality" because it would interfere with states rights. Pensions, S-1344: Home rule units which have made no positive action to withdraw, continue to participate in those pension systems established in the 1970 Illinois Constitution as stated in the Illinois Pension Code (Ill. Rev. Stat. 1975, ch. 108 1/2, sec. 1-101 et seq.). Property lease, S-1342: A state's attorney can lease property to the secretary of state. The Illinois Purchasing Act (Ill. Rev. Stat. 1975, ch. 127, sec. 132.11-1) prohibits "any person holding an elective office in this State," interpreted as meaning a statewide office, from entering into a contract that is paid with funds appropriated by the General Assembly. Since the state's attorney does not occupy a statewide office, the act is not violated. Tort liability, S-1339: If a juvenile is injured due to an act or omission of a governmental entity while performing public service as a condition of probation, the entity is liable. The extent of liability is provided for by state law as it would be for any other individual. County superintendent of highways, S-1341: The county superintendent of highways is subordinate to the county board (Ill. Rev. Stat. 1975, ch. 121, sec. 5-205) and must hire persons that the county board directs him to employ even if he has no knowledge of the qualifications of such persons. The superintendent has authority, subject to the supervisory powers of the county board, over the employees of the county highway department. Mental Health, S-1348: The Meyer Mental Health Center in Decatur can continue to operate a gasoline station as a rehabilitation facility and can spend state and federal funds for its maintenance. The center is not in violation of "any state or federal antitrust, fair competition or other law" in charging competitive prices for its products and services. 30/June 1978/Illinois Issues
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