SB2736 95TH GENERAL ASSEMBLY

LRB095 18855 NHT 44986 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB2736

Introduced 2/15/2008, by Sen. Debbie DeFrancesco Halvorson

SYNOPSIS AS INTRODUCED:

110 ILCS 305/40 new
110 ILCS 520/25 new
110 ILCS 660/5-135 new
110 ILCS 665/10-135 new
110 ILCS 670/15-135 new
110 ILCS 675/20-140 new
110 ILCS 680/25-135 new
110 ILCS 685/30-145 new
110 ILCS 690/35-140 new
110 ILCS 805/3-42.4 new

Amends various Acts relating to the governance of public universities in Illinois and amends the Public Community College Act. Allows the governing board of each public university and community college district to enter into a contract with a third party for non-instructional services currently performed by an employee or bargaining unit member or lay off those educational support personnel employees upon 90 days written notice. Adds conditions on the entering of such a contract. Notwithstanding these conditions, allows a board to enter into a contract, of no longer than 3 months in duration, with a third party for non-instructional services currently performed by an employee or bargaining unit member for the purpose of augmenting the current workforce in an emergency situation that threatens the safety or health of students or staff. Provides that the amendatory Act is not applicable to non-instructional services that on the effective date of the amendatory Act are performed by a third party. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.

FISCAL NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

AN ACT concerning higher education.

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

Section 5. The University of Illinois Act is amended by adding Section 40 as follows:

(110 ILCS 305/40 new)

Sec. 40. Third party non-instructional services.

(a) The Board of Trustees may enter into a contract with a third party for non-instructional services currently performed by any employee or bargaining unit member or lay off those educational support personnel employees upon 90 days written notice to the affected employees, provided that:

(1) a contract must not be entered into and become effective during the term of a collective bargaining agreement, as that term is set forth in the agreement, covering any employees who perform the non-instructional services;

(2) a contract may only take effect upon the expiration of an existing collective bargaining agreement;

(3) any third party that submits a bid to perform the non-instructional services shall provide the following:

(A) evidence of liability insurance;

(B) a benefits package for the third party's employees who will perform the non-instructional services comparable to the benefits package provided to University employees who perform those services;

(C) a list of the number of employees who will provide the non-instructional services, the job classifications of those employees, and the wages the third party will pay those employees;

(D) a minimum 3-year cost projection, using generally accepted accounting principles and which the third party is prohibited from increasing if the bid is accepted by the Board of Trustees, for each and every expenditure category and account for performing the non-instructional services;

(E) composite information about the criminal and disciplinary records, including alcohol or other substance abuse, Department of Children and Family Services complaints and investigations, traffic violations, and license revocations or any other licensure problems, of any employees who may perform the non-instructional services, provided that the individual names and other identifying information of employees need not be provided with the submission of the bid, but must be made available upon request of the Board of Trustees; and

(F) an affidavit, notarized by the president or chief executive officer of the third party, that a criminal history records check has been completed for each of its employees within 3 months prior to submission of the bid, provided that the results of such checks need not be provided with the submission of the bid, but must be made available upon request of the Board of Trustees;

(4) a contract must not be entered into unless the Board of Trustees performs a cost comparison, using generally accepted accounting principles, of each and every expenditure category and account that the Board of Trustees projects it would incur over the term of the contract if it continued to perform the non-instructional services using its own employees with each and every expenditure category and account that the Board of Trustees projects a third party would incur if a third party performed the non-instructional services;

(5) review and consideration of all bids by third parties to perform the non-instructional services shall take place in open session of a regularly scheduled Board of Trustees meeting, unless the exclusive bargaining representative of the employees who perform the non-instructional services, if any such exclusive bargaining representative exists, agrees in writing that such review and consideration can take place in open session at a specially scheduled Board of Trustees meeting;

(6) a minimum of one public hearing, conducted by the Board of Trustees prior to a regularly scheduled Board of Trustees meeting, to discuss the Board's proposal to contract with a third party to perform the non-instructional services must be held before the Board may enter into such a contract; the Board of Trustees must provide notice to the public of the date, time, and location of the first public hearing on or before the initial date that bids to provide the non-instructional services are solicited or a minimum of 30 days prior to entering into such a contract, whichever provides a greater period of notice;

(7) a contract shall contain provisions requiring the contractor to offer available employee positions pursuant to the contract to qualified University employees whose employment is terminated because of the contract; and

(8) a contract shall contain provisions requiring the contractor to comply with a policy of nondiscrimination and equal employment opportunity for all persons and to take affirmative steps to provide equal opportunity for all persons.

(b) Notwithstanding subsection (a) of this Section, the Board of Trustees may enter into a contract, of no longer than 3 months in duration, with a third party for non-instructional services currently performed by an employee or bargaining unit member for the purpose of augmenting the current workforce in an emergency situation that threatens the safety or health of the University's students or staff, provided that the Board of Trustees meets all of its obligations under the Illinois Educational Labor Relations Act.

(c) This Section is not applicable to non-instructional services of the University that on the effective date of this amendatory Act of the 95th General Assembly are performed for the University by a third party.

Section 10. The Southern Illinois University Management Act is amended by adding Section 25 as follows:

(110 ILCS 520/25 new)

Sec. 25. Third party non-instructional services.

(a) The Board may enter into a contract with a third party for non-instructional services currently performed by any employee or bargaining unit member or lay off those educational support personnel employees upon 90 days written notice to the affected employees, provided that:

(1) a contract must not be entered into and become effective during the term of a collective bargaining agreement, as that term is set forth in the agreement, covering any employees who perform the non-instructional services;

(2) a contract may only take effect upon the expiration of an existing collective bargaining agreement;

(3) any third party that submits a bid to perform the non-instructional services shall provide the following:

(A) evidence of liability insurance;

(B) a benefits package for the third party's employees who will perform the non-instructional services comparable to the benefits package provided to University employees who perform those services;

(C) a list of the number of employees who will provide the non-instructional services, the job classifications of those employees, and the wages the third party will pay those employees;

(D) a minimum 3-year cost projection, using generally accepted accounting principles and which the third party is prohibited from increasing if the bid is accepted by the Board, for each and every expenditure category and account for performing the non-instructional services;

(E) composite information about the criminal and disciplinary records, including alcohol or other substance abuse, Department of Children and Family Services complaints and investigations, traffic violations, and license revocations or any other licensure problems, of any employees who may perform the non-instructional services, provided that the individual names and other identifying information of employees need not be provided with the submission of the bid, but must be made available upon request of the Board; and

(F) an affidavit, notarized by the president or chief executive officer of the third party, that a criminal history records check has been completed for each of its employees within 3 months prior to submission of the bid, provided that the results of such checks need not be provided with the submission of the bid, but must be made available upon request of the Board;

(4) a contract must not be entered into unless the Board performs a cost comparison, using generally accepted accounting principles, of each and every expenditure category and account that the Board projects it would incur over the term of the contract if it continued to perform the non-instructional services using its own employees with each and every expenditure category and account that the Board projects a third party would incur if a third party performed the non-instructional services;

(5) review and consideration of all bids by third parties to perform the non-instructional services shall take place in open session of a regularly scheduled Board meeting, unless the exclusive bargaining representative of the employees who perform the non-instructional services, if any such exclusive bargaining representative exists, agrees in writing that such review and consideration can take place in open session at a specially scheduled Board meeting;

(6) a minimum of one public hearing, conducted by the Board prior to a regularly scheduled Board meeting, to discuss the Board's proposal to contract with a third party to perform the non-instructional services must be held before the Board may enter into such a contract; the Board must provide notice to the public of the date, time, and location of the first public hearing on or before the initial date that bids to provide the non-instructional services are solicited or a minimum of 30 days prior to entering into such a contract, whichever provides a greater period of notice;

(7) a contract shall contain provisions requiring the contractor to offer available employee positions pursuant to the contract to qualified University employees whose employment is terminated because of the contract; and

(8) a contract shall contain provisions requiring the contractor to comply with a policy of nondiscrimination and equal employment opportunity for all persons and to take affirmative steps to provide equal opportunity for all persons.

(b) Notwithstanding subsection (a) of this Section, the Board may enter into a contract, of no longer than 3 months in duration, with a third party for non-instructional services currently performed by an employee or bargaining unit member for the purpose of augmenting the current workforce in an emergency situation that threatens the safety or health of the University's students or staff, provided that the Board meets all of its obligations under the Illinois Educational Labor Relations Act.

(c) This Section is not applicable to non-instructional services of the University that on the effective date of this amendatory Act of the 95th General Assembly are performed for the University by a third party.

Section 15. The Chicago State University Law is amended by adding Section 5-135 as follows:

(110 ILCS 660/5-135 new)

Sec. 5-135. Third party non-instructional services.

(a) The Board may enter into a contract with a third party for non-instructional services currently performed by any employee or bargaining unit member or lay off those educational support personnel employees upon 90 days written notice to the affected employees, provided that:

(1) a contract must not be entered into and become effective during the term of a collective bargaining agreement, as that term is set forth in the agreement, covering any employees who perform the non-instructional services;

(2) a contract may only take effect upon the expiration of an existing collective bargaining agreement;

(3) any third party that submits a bid to perform the non-instructional services shall provide the following:

(A) evidence of liability insurance;

(B) a benefits package for the third party's employees who will perform the non-instructional services comparable to the benefits package provided to University employees who perform those services;

(C) a list of the number of employees who will provide the non-instructional services, the job classifications of those employees, and the wages the third party will pay those employees;

(D) a minimum 3-year cost projection, using generally accepted accounting principles and which the third party is prohibited from increasing if the bid is accepted by the Board, for each and every expenditure category and account for performing the non-instructional services;

(E) composite information about the criminal and disciplinary records, including alcohol or other substance abuse, Department of Children and Family Services complaints and investigations, traffic violations, and license revocations or any other licensure problems, of any employees who may perform the non-instructional services, provided that the individual names and other identifying information of employees need not be provided with the submission of the bid, but must be made available upon request of the Board; and

(F) an affidavit, notarized by the president or chief executive officer of the third party, that a criminal history records check has been completed for each of its employees within 3 months prior to submission of the bid, provided that the results of such checks need not be provided with the submission of the bid, but must be made available upon request of the Board;

(4) a contract must not be entered into unless the Board performs a cost comparison, using generally accepted accounting principles, of each and every expenditure category and account that the Board projects it would incur over the term of the contract if it continued to perform the non-instructional services using its own employees with each and every expenditure category and account that the Board projects a third party would incur if a third party performed the non-instructional services;

(5) review and consideration of all bids by third parties to perform the non-instructional services shall take place in open session of a regularly scheduled Board meeting, unless the exclusive bargaining representative of the employees who perform the non-instructional services, if any such exclusive bargaining representative exists, agrees in writing that such review and consideration can take place in open session at a specially scheduled Board meeting;

(6) a minimum of one public hearing, conducted by the Board prior to a regularly scheduled Board meeting, to discuss the Board's proposal to contract with a third party to perform the non-instructional services must be held before the Board may enter into such a contract; the Board must provide notice to the public of the date, time, and location of the first public hearing on or before the initial date that bids to provide the non-instructional services are solicited or a minimum of 30 days prior to entering into such a contract, whichever provides a greater period of notice;

(7) a contract shall contain provisions requiring the contractor to offer available employee positions pursuant to the contract to qualified University employees whose employment is terminated because of the contract; and

(8) a contract shall contain provisions requiring the contractor to comply with a policy of nondiscrimination and equal employment opportunity for all persons and to take affirmative steps to provide equal opportunity for all persons.

(b) Notwithstanding subsection (a) of this Section, the Board may enter into a contract, of no longer than 3 months in duration, with a third party for non-instructional services currently performed by an employee or bargaining unit member for the purpose of augmenting the current workforce in an emergency situation that threatens the safety or health of the University's students or staff, provided that the Board meets all of its obligations under the Illinois Educational Labor Relations Act.

(c) This Section is not applicable to non-instructional services of the University that on the effective date of this amendatory Act of the 95th General Assembly are performed for the University by a third party.

Section 20. The Eastern Illinois University Law is amended by adding Section 10-135 as follows:

(110 ILCS 665/10-135 new)

Sec. 10-135. Third party non-instructional services.

(a) The Board may enter into a contract with a third party for non-instructional services currently performed by any employee or bargaining unit member or lay off those educational support personnel employees upon 90 days written notice to the affected employees, provided that:

(1) a contract must not be entered into and become effective during the term of a collective bargaining agreement, as that term is set forth in the agreement, covering any employees who perform the non-instructional services;

(2) a contract may only take effect upon the expiration of an existing collective bargaining agreement;

(3) any third party that submits a bid to perform the non-instructional services shall provide the following:

(A) evidence of liability insurance;

(B) a benefits package for the third party's employees who will perform the non-instructional services comparable to the benefits package provided to University employees who perform those services;

(C) a list of the number of employees who will provide the non-instructional services, the job classifications of those employees, and the wages the third party will pay those employees;

(D) a minimum 3-year cost projection, using generally accepted accounting principles and which the third party is prohibited from increasing if the bid is accepted by the Board, for each and every expenditure category and account for performing the non-instructional services;

(E) composite information about the criminal and disciplinary records, including alcohol or other substance abuse, Department of Children and Family Services complaints and investigations, traffic violations, and license revocations or any other licensure problems, of any employees who may perform the non-instructional services, provided that the individual names and other identifying information of employees need not be provided with the submission of the bid, but must be made available upon request of the Board; and

(F) an affidavit, notarized by the president or chief executive officer of the third party, that a criminal history records check has been completed for each of its employees within 3 months prior to submission of the bid, provided that the results of such checks need not be provided with the submission of the bid, but must be made available upon request of the Board;

(4) a contract must not be entered into unless the Board performs a cost comparison, using generally accepted accounting principles, of each and every expenditure category and account that the Board projects it would incur over the term of the contract if it continued to perform the non-instructional services using its own employees with each and every expenditure category and account that the Board projects a third party would incur if a third party performed the non-instructional services;

(5) review and consideration of all bids by third parties to perform the non-instructional services shall take place in open session of a regularly scheduled Board meeting, unless the exclusive bargaining representative of the employees who perform the non-instructional services, if any such exclusive bargaining representative exists, agrees in writing that such review and consideration can take place in open session at a specially scheduled Board meeting;

(6) a minimum of one public hearing, conducted by the Board prior to a regularly scheduled Board meeting, to discuss the Board's proposal to contract with a third party to perform the non-instructional services must be held before the Board may enter into such a contract; the Board must provide notice to the public of the date, time, and location of the first public hearing on or before the initial date that bids to provide the non-instructional services are solicited or a minimum of 30 days prior to entering into such a contract, whichever provides a greater period of notice;

(7) a contract shall contain provisions requiring the contractor to offer available employee positions pursuant to the contract to qualified University employees whose employment is terminated because of the contract; and

(8) a contract shall contain provisions requiring the contractor to comply with a policy of nondiscrimination and equal employment opportunity for all persons and to take affirmative steps to provide equal opportunity for all persons.

(b) Notwithstanding subsection (a) of this Section, the Board may enter into a contract, of no longer than 3 months in duration, with a third party for non-instructional services currently performed by an employee or bargaining unit member for the purpose of augmenting the current workforce in an emergency situation that threatens the safety or health of the University's students or staff, provided that the Board meets all of its obligations under the Illinois Educational Labor Relations Act.

(c) This Section is not applicable to non-instructional services of the University that on the effective date of this amendatory Act of the 95th General Assembly are performed for the University by a third party.

Section 25. The Governors State University Law is amended by adding Section 15-135 as follows:

(110 ILCS 670/15-135 new)

Sec. 15-135. Third party non-instructional services.

(a) The Board may enter into a contract with a third party for non-instructional services currently performed by any employee or bargaining unit member or lay off those educational support personnel employees upon 90 days written notice to the affected employees, provided that:

(1) a contract must not be entered into and become effective during the term of a collective bargaining agreement, as that term is set forth in the agreement, covering any employees who perform the non-instructional services;

(2) a contract may only take effect upon the expiration of an existing collective bargaining agreement;

(3) any third party that submits a bid to perform the non-instructional services shall provide the following:

(A) evidence of liability insurance;

(B) a benefits package for the third party's employees who will perform the non-instructional services comparable to the benefits package provided to University employees who perform those services;

(C) a list of the number of employees who will provide the non-instructional services, the job classifications of those employees, and the wages the third party will pay those employees;

(D) a minimum 3-year cost projection, using generally accepted accounting principles and which the third party is prohibited from increasing if the bid is accepted by the Board, for each and every expenditure category and account for performing the non-instructional services;

(E) composite information about the criminal and disciplinary records, including alcohol or other substance abuse, Department of Children and Family Services complaints and investigations, traffic violations, and license revocations or any other licensure problems, of any employees who may perform the non-instructional services, provided that the individual names and other identifying information of employees need not be provided with the submission of the bid, but must be made available upon request of the Board; and

(F) an affidavit, notarized by the president or chief executive officer of the third party, that a criminal history records check has been completed for each of its employees within 3 months prior to submission of the bid, provided that the results of such checks need not be provided with the submission of the bid, but must be made available upon request of the Board;

(4) a contract must not be entered into unless the Board performs a cost comparison, using generally accepted accounting principles, of each and every expenditure category and account that the Board projects it would incur over the term of the contract if it continued to perform the non-instructional services using its own employees with each and every expenditure category and account that the Board projects a third party would incur if a third party performed the non-instructional services;

(5) review and consideration of all bids by third parties to perform the non-instructional services shall take place in open session of a regularly scheduled Board meeting, unless the exclusive bargaining representative of the employees who perform the non-instructional services, if any such exclusive bargaining representative exists, agrees in writing that such review and consideration can take place in open session at a specially scheduled Board meeting;

(6) a minimum of one public hearing, conducted by the Board prior to a regularly scheduled Board meeting, to discuss the Board's proposal to contract with a third party to perform the non-instructional services must be held before the Board may enter into such a contract; the Board must provide notice to the public of the date, time, and location of the first public hearing on or before the initial date that bids to provide the non-instructional services are solicited or a minimum of 30 days prior to entering into such a contract, whichever provides a greater period of notice;

(7) a contract shall contain provisions requiring the contractor to offer available employee positions pursuant to the contract to qualified University employees whose employment is terminated because of the contract; and

(8) a contract shall contain provisions requiring the contractor to comply with a policy of nondiscrimination and equal employment opportunity for all persons and to take affirmative steps to provide equal opportunity for all persons.

(b) Notwithstanding subsection (a) of this Section, the Board may enter into a contract, of no longer than 3 months in duration, with a third party for non-instructional services currently performed by an employee or bargaining unit member for the purpose of augmenting the current workforce in an emergency situation that threatens the safety or health of the University's students or staff, provided that the Board meets all of its obligations under the Illinois Educational Labor Relations Act.

(c) This Section is not applicable to non-instructional services of the University that on the effective date of this amendatory Act of the 95th General Assembly are performed for the University by a third party.

Section 30. The Illinois State University Law is amended by adding Section 20-140 as follows:

(110 ILCS 675/20-140 new)

Sec. 20-140. Third party non-instructional services.

(a) The Board may enter into a contract with a third party for non-instructional services currently performed by any employee or bargaining unit member or lay off those educational support personnel employees upon 90 days written notice to the affected employees, provided that:

(1) a contract must not be entered into and become effective during the term of a collective bargaining agreement, as that term is set forth in the agreement, covering any employees who perform the non-instructional services;

(2) a contract may only take effect upon the expiration of an existing collective bargaining agreement;

(3) any third party that submits a bid to perform the non-instructional services shall provide the following:

(A) evidence of liability insurance;

(B) a benefits package for the third party's employees who will perform the non-instructional services comparable to the benefits package provided to University employees who perform those services;

(C) a list of the number of employees who will provide the non-instructional services, the job classifications of those employees, and the wages the third party will pay those employees;

(D) a minimum 3-year cost projection, using generally accepted accounting principles and which the third party is prohibited from increasing if the bid is accepted by the Board, for each and every expenditure category and account for performing the non-instructional services;

(E) composite information about the criminal and disciplinary records, including alcohol or other substance abuse, Department of Children and Family Services complaints and investigations, traffic violations, and license revocations or any other licensure problems, of any employees who may perform the non-instructional services, provided that the individual names and other identifying information of employees need not be provided with the submission of the bid, but must be made available upon request of the Board; and

(F) an affidavit, notarized by the president or chief executive officer of the third party, that a criminal history records check has been completed for each of its employees within 3 months prior to submission of the bid, provided that the results of such checks need not be provided with the submission of the bid, but must be made available upon request of the Board;

(4) a contract must not be entered into unless the Board performs a cost comparison, using generally accepted accounting principles, of each and every expenditure category and account that the Board projects it would incur over the term of the contract if it continued to perform the non-instructional services using its own employees with each and every expenditure category and account that the Board projects a third party would incur if a third party performed the non-instructional services;

(5) review and consideration of all bids by third parties to perform the non-instructional services shall take place in open session of a regularly scheduled Board meeting, unless the exclusive bargaining representative of the employees who perform the non-instructional services, if any such exclusive bargaining representative exists, agrees in writing that such review and consideration can take place in open session at a specially scheduled Board meeting;

(6) a minimum of one public hearing, conducted by the Board prior to a regularly scheduled Board meeting, to discuss the Board's proposal to contract with a third party to perform the non-instructional services must be held before the Board may enter into such a contract; the Board must provide notice to the public of the date, time, and location of the first public hearing on or before the initial date that bids to provide the non-instructional services are solicited or a minimum of 30 days prior to entering into such a contract, whichever provides a greater period of notice;

(7) a contract shall contain provisions requiring the contractor to offer available employee positions pursuant to the contract to qualified University employees whose employment is terminated because of the contract; and

(8) a contract shall contain provisions requiring the contractor to comply with a policy of nondiscrimination and equal employment opportunity for all persons and to take affirmative steps to provide equal opportunity for all persons.

(b) Notwithstanding subsection (a) of this Section, the Board may enter into a contract, of no longer than 3 months in duration, with a third party for non-instructional services currently performed by an employee or bargaining unit member for the purpose of augmenting the current workforce in an emergency situation that threatens the safety or health of the University's students or staff, provided that the Board meets all of its obligations under the Illinois Educational Labor Relations Act.

(c) This Section is not applicable to non-instructional services of the University that on the effective date of this amendatory Act of the 95th General Assembly are performed for the University by a third party.

Section 35. The Northeastern Illinois University Law is amended by adding Section 25-135 as follows:

(110 ILCS 680/25-135 new)

Sec. 25-135. Third party non-instructional services.

(a) The Board may enter into a contract with a third party for non-instructional services currently performed by any employee or bargaining unit member or lay off those educational support personnel employees upon 90 days written notice to the affected employees, provided that:

(1) a contract must not be entered into and become effective during the term of a collective bargaining agreement, as that term is set forth in the agreement, covering any employees who perform the non-instructional services;

(2) a contract may only take effect upon the expiration of an existing collective bargaining agreement;

(3) any third party that submits a bid to perform the non-instructional services shall provide the following:

(A) evidence of liability insurance;

(B) a benefits package for the third party's employees who will perform the non-instructional services comparable to the benefits package provided to University employees who perform those services;

(C) a list of the number of employees who will provide the non-instructional services, the job classifications of those employees, and the wages the third party will pay those employees;

(D) a minimum 3-year cost projection, using generally accepted accounting principles and which the third party is prohibited from increasing if the bid is accepted by the Board, for each and every expenditure category and account for performing the non-instructional services;

(E) composite information about the criminal and disciplinary records, including alcohol or other substance abuse, Department of Children and Family Services complaints and investigations, traffic violations, and license revocations or any other licensure problems, of any employees who may perform the non-instructional services, provided that the individual names and other identifying information of employees need not be provided with the submission of the bid, but must be made available upon request of the Board; and

(F) an affidavit, notarized by the president or chief executive officer of the third party, that a criminal history records check has been completed for each of its employees within 3 months prior to submission of the bid, provided that the results of such checks need not be provided with the submission of the bid, but must be made available upon request of the Board;

(4) a contract must not be entered into unless the Board performs a cost comparison, using generally accepted accounting principles, of each and every expenditure category and account that the Board projects it would incur over the term of the contract if it continued to perform the non-instructional services using its own employees with each and every expenditure category and account that the Board projects a third party would incur if a third party performed the non-instructional services;

(5) review and consideration of all bids by third parties to perform the non-instructional services shall take place in open session of a regularly scheduled Board meeting, unless the exclusive bargaining representative of the employees who perform the non-instructional services, if any such exclusive bargaining representative exists, agrees in writing that such review and consideration can take place in open session at a specially scheduled Board meeting;

(6) a minimum of one public hearing, conducted by the Board prior to a regularly scheduled Board meeting, to discuss the Board's proposal to contract with a third party to perform the non-instructional services must be held before the Board may enter into such a contract; the Board must provide notice to the public of the date, time, and location of the first public hearing on or before the initial date that bids to provide the non-instructional services are solicited or a minimum of 30 days prior to entering into such a contract, whichever provides a greater period of notice;

(7) a contract shall contain provisions requiring the contractor to offer available employee positions pursuant to the contract to qualified University employees whose employment is terminated because of the contract; and

(8) a contract shall contain provisions requiring the contractor to comply with a policy of nondiscrimination and equal employment opportunity for all persons and to take affirmative steps to provide equal opportunity for all persons.

(b) Notwithstanding subsection (a) of this Section, the Board may enter into a contract, of no longer than 3 months in duration, with a third party for non-instructional services currently performed by an employee or bargaining unit member for the purpose of augmenting the current workforce in an emergency situation that threatens the safety or health of the University's students or staff, provided that the Board meets all of its obligations under the Illinois Educational Labor Relations Act.

(c) This Section is not applicable to non-instructional services of the University that on the effective date of this amendatory Act of the 95th General Assembly are performed for the University by a third party.

Section 40. The Northern Illinois University Law is amended by adding Section 30-145 as follows:

(110 ILCS 685/30-145 new)

Sec. 30-145. Third party non-instructional services.

(a) The Board may enter into a contract with a third party for non-instructional services currently performed by any employee or bargaining unit member or lay off those educational support personnel employees upon 90 days written notice to the affected employees, provided that:

(1) a contract must not be entered into and become effective during the term of a collective bargaining agreement, as that term is set forth in the agreement, covering any employees who perform the non-instructional services;

(2) a contract may only take effect upon the expiration of an existing collective bargaining agreement;

(3) any third party that submits a bid to perform the non-instructional services shall provide the following:

(A) evidence of liability insurance;

(B) a benefits package for the third party's employees who will perform the non-instructional services comparable to the benefits package provided to University employees who perform those services;

(C) a list of the number of employees who will provide the non-instructional services, the job classifications of those employees, and the wages the third party will pay those employees;

(D) a minimum 3-year cost projection, using generally accepted accounting principles and which the third party is prohibited from increasing if the bid is accepted by the Board, for each and every expenditure category and account for performing the non-instructional services;

(E) composite information about the criminal and disciplinary records, including alcohol or other substance abuse, Department of Children and Family Services complaints and investigations, traffic violations, and license revocations or any other licensure problems, of any employees who may perform the non-instructional services, provided that the individual names and other identifying information of employees need not be provided with the submission of the bid, but must be made available upon request of the Board; and

(F) an affidavit, notarized by the president or chief executive officer of the third party, that a criminal history records check has been completed for each of its employees within 3 months prior to submission of the bid, provided that the results of such checks need not be provided with the submission of the bid, but must be made available upon request of the Board;

(4) a contract must not be entered into unless the Board performs a cost comparison, using generally accepted accounting principles, of each and every expenditure category and account that the Board projects it would incur over the term of the contract if it continued to perform the non-instructional services using its own employees with each and every expenditure category and account that the Board projects a third party would incur if a third party performed the non-instructional services;

(5) review and consideration of all bids by third parties to perform the non-instructional services shall take place in open session of a regularly scheduled Board meeting, unless the exclusive bargaining representative of the employees who perform the non-instructional services, if any such exclusive bargaining representative exists, agrees in writing that such review and consideration can take place in open session at a specially scheduled Board meeting;

(6) a minimum of one public hearing, conducted by the Board prior to a regularly scheduled Board meeting, to discuss the Board's proposal to contract with a third party to perform the non-instructional services must be held before the Board may enter into such a contract; the Board must provide notice to the public of the date, time, and location of the first public hearing on or before the initial date that bids to provide the non-instructional services are solicited or a minimum of 30 days prior to entering into such a contract, whichever provides a greater period of notice;

(7) a contract shall contain provisions requiring the contractor to offer available employee positions pursuant to the contract to qualified University employees whose employment is terminated because of the contract; and

(8) a contract shall contain provisions requiring the contractor to comply with a policy of nondiscrimination and equal employment opportunity for all persons and to take affirmative steps to provide equal opportunity for all persons.

(b) Notwithstanding subsection (a) of this Section, the Board may enter into a contract, of no longer than 3 months in duration, with a third party for non-instructional services currently performed by an employee or bargaining unit member for the purpose of augmenting the current workforce in an emergency situation that threatens the safety or health of the University's students or staff, provided that the Board meets all of its obligations under the Illinois Educational Labor Relations Act.

(c) This Section is not applicable to non-instructional services of the University that on the effective date of this amendatory Act of the 95th General Assembly are performed for the University by a third party.

Section 45. The Western Illinois University Law is amended by adding Section 35-140 as follows:

(110 ILCS 690/35-140 new)

Sec. 35-140. Third party non-instructional services.

(a) The Board may enter into a contract with a third party for non-instructional services currently performed by any employee or bargaining unit member or lay off those educational support personnel employees upon 90 days written notice to the affected employees, provided that:

(1) a contract must not be entered into and become effective during the term of a collective bargaining agreement, as that term is set forth in the agreement, covering any employees who perform the non-instructional services;

(2) a contract may only take effect upon the expiration of an existing collective bargaining agreement;

(3) any third party that submits a bid to perform the non-instructional services shall provide the following:

(A) evidence of liability insurance;

(B) a benefits package for the third party's employees who will perform the non-instructional services comparable to the benefits package provided to University employees who perform those services;

(C) a list of the number of employees who will provide the non-instructional services, the job classifications of those employees, and the wages the third party will pay those employees;

(D) a minimum 3-year cost projection, using generally accepted accounting principles and which the third party is prohibited from increasing if the bid is accepted by the Board, for each and every expenditure category and account for performing the non-instructional services;

(E) composite information about the criminal and disciplinary records, including alcohol or other substance abuse, Department of Children and Family Services complaints and investigations, traffic violations, and license revocations or any other licensure problems, of any employees who may perform the non-instructional services, provided that the individual names and other identifying information of employees need not be provided with the submission of the bid, but must be made available upon request of the Board; and

(F) an affidavit, notarized by the president or chief executive officer of the third party, that a criminal history records check has been completed for each of its employees within 3 months prior to submission of the bid, provided that the results of such checks need not be provided with the submission of the bid, but must be made available upon request of the Board;

(4) a contract must not be entered into unless the Board performs a cost comparison, using generally accepted accounting principles, of each and every expenditure category and account that the Board projects it would incur over the term of the contract if it continued to perform the non-instructional services using its own employees with each and every expenditure category and account that the Board projects a third party would incur if a third party performed the non-instructional services;

(5) review and consideration of all bids by third parties to perform the non-instructional services shall take place in open session of a regularly scheduled Board meeting, unless the exclusive bargaining representative of the employees who perform the non-instructional services, if any such exclusive bargaining representative exists, agrees in writing that such review and consideration can take place in open session at a specially scheduled Board meeting;

(6) a minimum of one public hearing, conducted by the Board prior to a regularly scheduled Board meeting, to discuss the Board's proposal to contract with a third party to perform the non-instructional services must be held before the Board may enter into such a contract; the Board must provide notice to the public of the date, time, and location of the first public hearing on or before the initial date that bids to provide the non-instructional services are solicited or a minimum of 30 days prior to entering into such a contract, whichever provides a greater period of notice;

(7) a contract shall contain provisions requiring the contractor to offer available employee positions pursuant to the contract to qualified University employees whose employment is terminated because of the contract; and

(8) a contract shall contain provisions requiring the contractor to comply with a policy of nondiscrimination and equal employment opportunity for all persons and to take affirmative steps to provide equal opportunity for all persons.

(b) Notwithstanding subsection (a) of this Section, the Board may enter into a contract, of no longer than 3 months in duration, with a third party for non-instructional services currently performed by an employee or bargaining unit member for the purpose of augmenting the current workforce in an emergency situation that threatens the safety or health of the University's students or staff, provided that the Board meets all of its obligations under the Illinois Educational Labor Relations Act.

(c) This Section is not applicable to non-instructional services of the University that on the effective date of this amendatory Act of the 95th General Assembly are performed for the University by a third party.

Section 50. The Public Community College Act is amended by adding Section 3-42.4 as follows:

(110 ILCS 805/3-42.4 new)

Sec. 3-42.4. Third party non-instructional services.

(a) The board may enter into a contract with a third party for non-instructional services currently performed by any employee or bargaining unit member or lay off those educational support personnel employees upon 90 days written notice to the affected employees, provided that:

(1) a contract must not be entered into and become effective during the term of a collective bargaining agreement, as that term is set forth in the agreement, covering any employees who perform the non-instructional services;

(2) a contract may only take effect upon the expiration of an existing collective bargaining agreement;

(3) any third party that submits a bid to perform the non-instructional services shall provide the following:

(A) evidence of liability insurance;

(B) a benefits package for the third party's employees who will perform the non-instructional services comparable to the benefits package provided to district employees who perform those services;

(C) a list of the number of employees who will provide the non-instructional services, the job classifications of those employees, and the wages the third party will pay those employees;

(D) a minimum 3-year cost projection, using generally accepted accounting principles and which the third party is prohibited from increasing if the bid is accepted by the board, for each and every expenditure category and account for performing the non-instructional services;

(E) composite information about the criminal and disciplinary records, including alcohol or other substance abuse, Department of Children and Family Services complaints and investigations, traffic violations, and license revocations or any other licensure problems, of any employees who may perform the non-instructional services, provided that the individual names and other identifying information of employees need not be provided with the submission of the bid, but must be made available upon request of the board; and

(F) an affidavit, notarized by the president or chief executive officer of the third party, that a criminal history records check has been completed for each of its employees within 3 months prior to submission of the bid, provided that the results of such checks need not be provided with the submission of the bid, but must be made available upon request of the board;

(4) a contract must not be entered into unless the board performs a cost comparison, using generally accepted accounting principles, of each and every expenditure category and account that the board projects it would incur over the term of the contract if it continued to perform the non-instructional services using its own employees with each and every expenditure category and account that the board projects a third party would incur if a third party performed the non-instructional services;

(5) review and consideration of all bids by third parties to perform the non-instructional services shall take place in open session of a regularly scheduled board meeting, unless the exclusive bargaining representative of the employees who perform the non-instructional services, if any such exclusive bargaining representative exists, agrees in writing that such review and consideration can take place in open session at a specially scheduled board meeting;

(6) a minimum of one public hearing, conducted by the board prior to a regularly scheduled board meeting, to discuss the board's proposal to contract with a third party to perform the non-instructional services must be held before the board may enter into such a contract; the board must provide notice to the public of the date, time, and location of the first public hearing on or before the initial date that bids to provide the non-instructional services are solicited or a minimum of 30 days prior to entering into such a contract, whichever provides a greater period of notice;

(7) a contract shall contain provisions requiring the contractor to offer available employee positions pursuant to the contract to qualified district employees whose employment is terminated because of the contract; and

(8) a contract shall contain provisions requiring the contractor to comply with a policy of nondiscrimination and equal employment opportunity for all persons and to take affirmative steps to provide equal opportunity for all persons.

(b) Notwithstanding subsection (a) of this Section, the board may enter into a contract, of no longer than 3 months in duration, with a third party for non-instructional services currently performed by an employee or bargaining unit member for the purpose of augmenting the current workforce in an emergency situation that threatens the safety or health of the district's students or staff, provided that the board meets all of its obligations under the Illinois Educational Labor Relations Act.

(c) This Section is not applicable to non-instructional services of the district that on the effective date of this amendatory Act of the 95th General Assembly are performed for the district by a third party.

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