Full Text of SB2736 95th General Assembly
SB2736sam001 95TH GENERAL ASSEMBLY
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Sen. David Koehler
Filed: 5/15/2008
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| AMENDMENT TO SENATE BILL 2736
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| AMENDMENT NO. ______. Amend Senate Bill 2736 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The University of Illinois Act is amended by | 5 |
| adding Section 40 as follows: | 6 |
| (110 ILCS 305/40 new) | 7 |
| Sec. 40. Third party non-instructional services. | 8 |
| (a) The Board of Trustees may enter into a contract with a | 9 |
| third party for
non-instructional services currently performed | 10 |
| by any employee or bargaining
unit member or lay off those | 11 |
| educational support personnel employees
upon 60 days
written | 12 |
| notice to
the affected employees. | 13 |
| (b) Notwithstanding subsection (a) of this Section, the | 14 |
| Board of Trustees may enter into a contract, of no longer than | 15 |
| 3 months in duration, with a third party for non-instructional | 16 |
| services currently performed by an employee or bargaining unit |
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| member for the purpose of augmenting the current workforce in | 2 |
| an emergency situation that threatens the safety or health of | 3 |
| the University's students or staff, provided that the Board of | 4 |
| Trustees meets all of its obligations under the Illinois | 5 |
| Educational Labor Relations Act.
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| (c) This Section is not applicable to non-instructional | 7 |
| services of the University that on the effective date of this | 8 |
| amendatory Act of the 95th General Assembly are performed for | 9 |
| the University by a third party.
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| Section 10. The Southern Illinois University Management | 11 |
| Act is amended by adding Section 25 as follows: | 12 |
| (110 ILCS 520/25 new) | 13 |
| Sec. 25. Third party non-instructional services. | 14 |
| (a) The Board may enter into a contract with a third party | 15 |
| for
non-instructional services currently performed by any | 16 |
| employee or bargaining
unit member or lay off those educational | 17 |
| support personnel employees
upon 60 days
written notice to
the | 18 |
| affected employees. | 19 |
| (b) Notwithstanding subsection (a) of this Section, the | 20 |
| Board may enter into a contract, of no longer than 3 months in | 21 |
| duration, with a third party for non-instructional services | 22 |
| currently performed by an employee or bargaining unit member | 23 |
| for the purpose of augmenting the current workforce in an | 24 |
| emergency situation that threatens the safety or health of the |
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| University's students or staff, provided that the Board meets | 2 |
| all of its obligations under the Illinois Educational Labor | 3 |
| Relations Act.
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| (c) This Section is not applicable to non-instructional | 5 |
| services of the University that on the effective date of this | 6 |
| amendatory Act of the 95th General Assembly are performed for | 7 |
| the University by a third party.
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| Section 15. The Chicago State University Law is amended by | 9 |
| adding Section 5-135 as follows: | 10 |
| (110 ILCS 660/5-135 new) | 11 |
| Sec. 5-135. Third party non-instructional services. | 12 |
| (a) The Board may enter into a contract with a third party | 13 |
| for
non-instructional services currently performed by any | 14 |
| employee or bargaining
unit member or lay off those educational | 15 |
| support personnel employees
upon 60 days
written notice to
the | 16 |
| affected employees. | 17 |
| (b) Notwithstanding subsection (a) of this Section, the | 18 |
| Board may enter into a contract, of no longer than 3 months in | 19 |
| duration, with a third party for non-instructional services | 20 |
| currently performed by an employee or bargaining unit member | 21 |
| for the purpose of augmenting the current workforce in an | 22 |
| emergency situation that threatens the safety or health of the | 23 |
| University's students or staff, provided that the Board meets | 24 |
| all of its obligations under the Illinois Educational Labor |
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| Relations Act.
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| (c) This Section is not applicable to non-instructional | 3 |
| services of the University that on the effective date of this | 4 |
| amendatory Act of the 95th General Assembly are performed for | 5 |
| the University by a third party.
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| Section 20. The Eastern Illinois University Law is amended | 7 |
| by adding Section 10-135 as follows: | 8 |
| (110 ILCS 665/10-135 new) | 9 |
| Sec. 10-135. Third party non-instructional services. | 10 |
| (a) The Board may enter into a contract with a third party | 11 |
| for
non-instructional services currently performed by any | 12 |
| employee or bargaining
unit member or lay off those educational | 13 |
| support personnel employees
upon 60 days
written notice to
the | 14 |
| affected employees. | 15 |
| (b) Notwithstanding subsection (a) of this Section, the | 16 |
| Board may enter into a contract, of no longer than 3 months in | 17 |
| duration, with a third party for non-instructional services | 18 |
| currently performed by an employee or bargaining unit member | 19 |
| for the purpose of augmenting the current workforce in an | 20 |
| emergency situation that threatens the safety or health of the | 21 |
| University's students or staff, provided that the Board meets | 22 |
| all of its obligations under the Illinois Educational Labor | 23 |
| Relations Act.
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| (c) This Section is not applicable to non-instructional |
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| services of the University that on the effective date of this | 2 |
| amendatory Act of the 95th General Assembly are performed for | 3 |
| the University by a third party.
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| Section 25. The Governors State University Law is amended | 5 |
| by adding Section 15-135 as follows: | 6 |
| (110 ILCS 670/15-135 new) | 7 |
| Sec. 15-135. Third party non-instructional services. | 8 |
| (a) The Board may enter into a contract with a third party | 9 |
| for
non-instructional services currently performed by any | 10 |
| employee or bargaining
unit member or lay off those educational | 11 |
| support personnel employees
upon 60 days
written notice to
the | 12 |
| affected employees. | 13 |
| (b) Notwithstanding subsection (a) of this Section, the | 14 |
| Board may enter into a contract, of no longer than 3 months in | 15 |
| duration, with a third party for non-instructional services | 16 |
| currently performed by an employee or bargaining unit member | 17 |
| for the purpose of augmenting the current workforce in an | 18 |
| emergency situation that threatens the safety or health of the | 19 |
| University's students or staff, provided that the Board meets | 20 |
| all of its obligations under the Illinois Educational Labor | 21 |
| Relations Act.
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| (c) This Section is not applicable to non-instructional | 23 |
| services of the University that on the effective date of this | 24 |
| amendatory Act of the 95th General Assembly are performed for |
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| the University by a third party.
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| Section 30. The Illinois State University Law is amended by | 3 |
| adding Section 20-140 as follows: | 4 |
| (110 ILCS 675/20-140 new) | 5 |
| Sec. 20-140. Third party non-instructional services. | 6 |
| (a) The Board may enter into a contract with a third party | 7 |
| for
non-instructional services currently performed by any | 8 |
| employee or bargaining
unit member or lay off those educational | 9 |
| support personnel employees
upon 60 days
written notice to
the | 10 |
| affected employees. | 11 |
| (b) Notwithstanding subsection (a) of this Section, the | 12 |
| Board may enter into a contract, of no longer than 3 months in | 13 |
| duration, with a third party for non-instructional services | 14 |
| currently performed by an employee or bargaining unit member | 15 |
| for the purpose of augmenting the current workforce in an | 16 |
| emergency situation that threatens the safety or health of the | 17 |
| University's students or staff, provided that the Board meets | 18 |
| all of its obligations under the Illinois Educational Labor | 19 |
| Relations Act.
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| (c) This Section is not applicable to non-instructional | 21 |
| services of the University that on the effective date of this | 22 |
| amendatory Act of the 95th General Assembly are performed for | 23 |
| the University by a third party.
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| Section 35. The Northeastern Illinois University Law is | 2 |
| amended by adding Section 25-135 as follows: | 3 |
| (110 ILCS 680/25-135 new) | 4 |
| Sec. 25-135. Third party non-instructional services. | 5 |
| (a) The Board may enter into a contract with a third party | 6 |
| for
non-instructional services currently performed by any | 7 |
| employee or bargaining
unit member or lay off those educational | 8 |
| support personnel employees
upon 60 days
written notice to
the | 9 |
| affected employees. | 10 |
| (b) Notwithstanding subsection (a) of this Section, the | 11 |
| Board may enter into a contract, of no longer than 3 months in | 12 |
| duration, with a third party for non-instructional services | 13 |
| currently performed by an employee or bargaining unit member | 14 |
| for the purpose of augmenting the current workforce in an | 15 |
| emergency situation that threatens the safety or health of the | 16 |
| University's students or staff, provided that the Board meets | 17 |
| all of its obligations under the Illinois Educational Labor | 18 |
| Relations Act.
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| (c) This Section is not applicable to non-instructional | 20 |
| services of the University that on the effective date of this | 21 |
| amendatory Act of the 95th General Assembly are performed for | 22 |
| the University by a third party.
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| Section 40. The Northern Illinois University Law is amended | 24 |
| by adding Section 30-145 as follows: |
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| (110 ILCS 685/30-145 new) | 2 |
| Sec. 30-145. Third party non-instructional services. | 3 |
| (a) The Board may enter into a contract with a third party | 4 |
| for
non-instructional services currently performed by any | 5 |
| employee or bargaining
unit member or lay off those educational | 6 |
| support personnel employees
upon 60 days
written notice to
the | 7 |
| affected employees. | 8 |
| (b) Notwithstanding subsection (a) of this Section, the | 9 |
| Board may enter into a contract, of no longer than 3 months in | 10 |
| duration, with a third party for non-instructional services | 11 |
| currently performed by an employee or bargaining unit member | 12 |
| for the purpose of augmenting the current workforce in an | 13 |
| emergency situation that threatens the safety or health of the | 14 |
| University's students or staff, provided that the Board meets | 15 |
| all of its obligations under the Illinois Educational Labor | 16 |
| Relations Act.
| 17 |
| (c) This Section is not applicable to non-instructional | 18 |
| services of the University that on the effective date of this | 19 |
| amendatory Act of the 95th General Assembly are performed for | 20 |
| the University by a third party.
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| Section 45. The Western Illinois University Law is amended | 22 |
| by adding Section 35-140 as follows: | 23 |
| (110 ILCS 690/35-140 new) |
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09500SB2736sam001 |
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LRB095 18855 NHT 50564 a |
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| 1 |
| Sec. 35-140. Third party non-instructional services. | 2 |
| (a) The Board may enter into a contract with a third party | 3 |
| for
non-instructional services currently performed by any | 4 |
| employee or bargaining
unit member or lay off those educational | 5 |
| support personnel employees
upon 60 days
written notice to
the | 6 |
| affected employees. | 7 |
| (b) Notwithstanding subsection (a) of this Section, the | 8 |
| Board may enter into a contract, of no longer than 3 months in | 9 |
| duration, with a third party for non-instructional services | 10 |
| currently performed by an employee or bargaining unit member | 11 |
| for the purpose of augmenting the current workforce in an | 12 |
| emergency situation that threatens the safety or health of the | 13 |
| University's students or staff, provided that the Board meets | 14 |
| all of its obligations under the Illinois Educational Labor | 15 |
| Relations Act.
| 16 |
| (c) This Section is not applicable to non-instructional | 17 |
| services of the University that on the effective date of this | 18 |
| amendatory Act of the 95th General Assembly are performed for | 19 |
| the University by a third party.
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| Section 50. The Public Community College Act is amended by | 21 |
| adding Section 3-42.4 as follows:
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| (110 ILCS 805/3-42.4 new)
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| Sec. 3-42.4. Third party non-instructional services. | 24 |
| (a) The board may enter into a contract with a third party |
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| for
non-instructional services currently performed by any | 2 |
| employee or bargaining
unit member or lay off those educational | 3 |
| support personnel employees
upon 90 days
written notice to
the | 4 |
| affected employees, provided that: | 5 |
| (1) a contract must not be entered into and become | 6 |
| effective during the term of a collective bargaining | 7 |
| agreement, as that term is set forth in the agreement, | 8 |
| covering any employees who perform the non-instructional | 9 |
| services; | 10 |
| (2) a contract may only take effect upon the expiration | 11 |
| of an existing collective bargaining agreement; | 12 |
| (3) any third party that submits a bid to perform the | 13 |
| non-instructional services shall provide the following:
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| (A) evidence of liability insurance;
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| (B) a benefits package for the third party's | 16 |
| employees who will perform the non-instructional | 17 |
| services comparable to the benefits package provided | 18 |
| to district employees who perform those services; | 19 |
| (C) a list of the number of employees who will | 20 |
| provide the non-instructional services, the job | 21 |
| classifications of those employees, and the wages the | 22 |
| third party will pay those employees; | 23 |
| (D) a minimum 3-year cost projection, using | 24 |
| generally accepted accounting principles and which the | 25 |
| third party is prohibited from increasing if the bid is | 26 |
| accepted by the board, for each and every expenditure |
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| category and account for performing the | 2 |
| non-instructional services; | 3 |
| (E) composite information about the criminal and | 4 |
| disciplinary records, including alcohol or other | 5 |
| substance abuse, Department of Children and Family | 6 |
| Services complaints and investigations, traffic | 7 |
| violations, and license revocations or any other | 8 |
| licensure problems, of any employees who may perform | 9 |
| the non-instructional services, provided that the | 10 |
| individual names and other identifying information of | 11 |
| employees need not be provided with the submission of | 12 |
| the bid, but must be made available upon request of the | 13 |
| board; and
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| (F) an affidavit, notarized by the president or | 15 |
| chief executive officer of the third party, that a | 16 |
| criminal history records check has been completed for | 17 |
| each of its employees within 3 months prior to | 18 |
| submission of the bid, provided that the results of | 19 |
| such checks need not be provided with the submission of | 20 |
| the bid, but must be made available upon request of the | 21 |
| board;
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| (4) a contract must not be entered into unless the | 23 |
| board performs a cost comparison, using generally accepted | 24 |
| accounting principles, of each and every expenditure | 25 |
| category and account that the board projects it would incur | 26 |
| over the term of the contract if it continued to perform |
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| the non-instructional services using its own employees | 2 |
| with each and every expenditure category and account that | 3 |
| the board projects a third party would incur if a third | 4 |
| party performed the non-instructional services; | 5 |
| (5) review and consideration of all bids by third | 6 |
| parties to perform the non-instructional services shall | 7 |
| take place in open session of a regularly scheduled board | 8 |
| meeting, unless the exclusive bargaining representative of | 9 |
| the employees who perform the non-instructional services, | 10 |
| if any such exclusive bargaining representative exists, | 11 |
| agrees in writing that such review and consideration can | 12 |
| take place in open session at a specially scheduled board | 13 |
| meeting; | 14 |
| (6) a minimum of one public hearing, conducted by the | 15 |
| board prior to a regularly scheduled board meeting, to | 16 |
| discuss the board's proposal to contract with a third party | 17 |
| to perform the non-instructional services must be held | 18 |
| before the board may enter into such a contract; the board | 19 |
| must provide notice to the public of the date, time, and | 20 |
| location of the first public hearing on or before the | 21 |
| initial date that bids to provide the non-instructional | 22 |
| services are solicited or a minimum of 30 days prior to | 23 |
| entering into such a contract, whichever provides a greater | 24 |
| period of notice; | 25 |
| (7) a contract shall contain provisions requiring the | 26 |
| contractor to offer available employee positions pursuant |
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| to the contract to qualified district employees whose | 2 |
| employment is terminated because of the contract; and | 3 |
| (8) a contract shall contain provisions requiring the | 4 |
| contractor to comply with a policy of nondiscrimination and | 5 |
| equal employment opportunity for all persons and to take | 6 |
| affirmative steps to provide equal opportunity for all | 7 |
| persons. | 8 |
| (b) Notwithstanding subsection (a) of this Section, the | 9 |
| board may enter into a contract, of no longer than 3 months in | 10 |
| duration, with a third party for non-instructional services | 11 |
| currently performed by an employee or bargaining unit member | 12 |
| for the purpose of augmenting the current workforce in an | 13 |
| emergency situation that threatens the safety or health of the | 14 |
| district's students or staff, provided that the board meets all | 15 |
| of its obligations under the Illinois Educational Labor | 16 |
| Relations Act.
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| (c) This Section is not applicable to non-instructional | 18 |
| services of the district that on the effective date of this | 19 |
| amendatory Act of the 95th General Assembly are performed for | 20 |
| the district by a third party.
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| Section 90. The State Mandates Act is amended by adding | 22 |
| Section 8.32 as follows: | 23 |
| (30 ILCS 805/8.32 new) | 24 |
| Sec. 8.32. Exempt mandate. Notwithstanding Sections 6 and 8 |
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| of this Act, no reimbursement by the State is required for the | 2 |
| implementation of any mandate created by this amendatory Act of | 3 |
| the 95th General Assembly. | 4 |
| Section 99. Effective date. This Act takes effect upon | 5 |
| becoming law.".
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