Full Text of SB2240 102nd General Assembly
SB2240enr 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Government Severance Pay Act is amended by | 5 | | changing Sections 5 and 10 as follows: | 6 | | (5 ILCS 415/5)
| 7 | | Sec. 5. Definitions. As used in this Act:
| 8 | | "Department" means any branch, department, college, or | 9 | | school of a university established by the board of trustees of | 10 | | the university. | 11 | | "Misconduct" includes, but is not limited to, the | 12 | | following:
| 13 | | (1) Conduct demonstrating conscious disregard of an | 14 | | employer's interests and found to be a deliberate | 15 | | violation or disregard of the reasonable standards of | 16 | | behavior which the employer expects of his or her | 17 | | employee. Such conduct may include, but is not limited to, | 18 | | willful damage to an employer's property that results in | 19 | | damage of more than $50, or theft of employer property or | 20 | | property of a customer or invitee of the employer.
| 21 | | (2) Carelessness or negligence to a degree or | 22 | | recurrence that manifests culpability or wrongful intent, | 23 | | or shows an intentional and substantial disregard of the |
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| 1 | | employer's interests or of the employee's duties and | 2 | | obligations to his or her employer.
| 3 | | (3) Chronic absenteeism or tardiness in deliberate | 4 | | violation of a known policy of the employer or one or more | 5 | | unapproved absences following a written reprimand or | 6 | | warning relating to more than one unapproved absence.
| 7 | | (4) A willful and deliberate violation of a standard | 8 | | or regulation of this State by an employee of an employer | 9 | | licensed or certified by this State, which violation would | 10 | | cause the employer to be sanctioned or have its license or | 11 | | certification suspended by this State.
| 12 | | (5) A violation of an employer's rule, unless the | 13 | | claimant can demonstrate that:
| 14 | | (A) he or she did not know, and could not | 15 | | reasonably know, of the rule's requirements;
| 16 | | (B) the rule is not lawful or not reasonably | 17 | | related to the job environment and performance; or
| 18 | | (C) the rule is not fairly or consistently | 19 | | enforced.
| 20 | | (6) Other conduct, including, but not limited to, | 21 | | committing criminal assault or battery on another | 22 | | employee, or on a customer or invitee of the employer, or | 23 | | committing abuse or neglect of a patient, resident, | 24 | | disabled person, elderly person, or child in her or his | 25 | | professional care.
| 26 | | "Severance pay" means the actual or constructive |
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| 1 | | compensation, including salary, benefits, or perquisites, for | 2 | | employment services yet to be rendered which is provided to an | 3 | | employee who has recently been or is about to be terminated , or | 4 | | a university president or chancellor who is transitioning to a | 5 | | new position within the university for which he or she is | 6 | | employed, excluding interim presidents and interim | 7 | | chancellors .
| 8 | | "Unit of government" means and includes all boards, | 9 | | commissions, agencies, institutions, authorities, and bodies | 10 | | politic and corporate of the State, created by or in | 11 | | accordance with the constitution or statute, of the executive | 12 | | branch of State government and does include colleges, | 13 | | universities, and institutions under the jurisdiction of the | 14 | | governing boards of the University of Illinois, Southern | 15 | | Illinois University, Illinois State University, Eastern | 16 | | Illinois University, Northern Illinois University, Western | 17 | | Illinois University, Chicago State University, Governors State | 18 | | University, Northeastern Illinois University, and the Board of | 19 | | Higher Education. "Unit of government" also includes units of | 20 | | local government, school districts, and community colleges | 21 | | under the Public Community College Act.
| 22 | | (Source: P.A. 100-895, eff. 1-1-19 .) | 23 | | (5 ILCS 415/10)
| 24 | | Sec. 10. Severance pay.
| 25 | | (a) A unit of government that enters into a contract or |
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| 1 | | employment agreement, or renewal or renegotiation of an | 2 | | existing contract or employment agreement, that contains a | 3 | | provision for severance pay with an officer, agent, employee, | 4 | | or contractor must include the following provisions in the | 5 | | contract:
| 6 | | (1) a requirement that severance pay provided may not | 7 | | exceed an amount greater than 20 weeks of compensation; | 8 | | and
| 9 | | (2) a prohibition of provision of severance pay when | 10 | | the officer, agent, employee, or contractor has been fired | 11 | | for misconduct by the unit of government ; and . | 12 | | (3) a requirement that if a provision to transition | 13 | | into a different position is included in a university | 14 | | president's or chancellor's contract, then the contract | 15 | | must include which department he or she will transition | 16 | | into, and a provision that compensation shall not exceed | 17 | | the annual compensation of the highest paid employee in | 18 | | the department, and that the annual salary shall be | 19 | | commensurate with his or her assigned duties and rank as | 20 | | determined by the Dean of the College, and with the | 21 | | approval of the interim or acting president and the board | 22 | | of trustees.
| 23 | | (b) Nothing in this Section creates an entitlement to | 24 | | severance pay in the absence of its contractual authorization | 25 | | or as otherwise authorized by law.
| 26 | | (c) Notwithstanding any other provision to the contrary, |
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| 1 | | this Act shall not apply to contracts or employment agreements | 2 | | for individuals employed by the department of intercollegiate | 3 | | athletics of a college or university when the employee's | 4 | | compensation is funded by non-State-appropriated funds, such | 5 | | as revenues generated by athletic events or activities, gifts | 6 | | or donations, or any combination thereof. Nothing in this | 7 | | Section entitles an individual employed by the department of | 8 | | intercollegiate athletics of a college or university to | 9 | | receive severance pay when that individual has been dismissed | 10 | | for misconduct. | 11 | | (Source: P.A. 100-895, eff. 1-1-19; 101-195, eff. 8-2-19.) | 12 | | Section 10. The Board of Higher Education Act is amended | 13 | | by changing Section 13 as follows: | 14 | | (110 ILCS 205/13) | 15 | | Sec. 13. Leadership training for university board members. | 16 | | (a) The Board shall require every voting member of the | 17 | | governing board of a public university appointed for a term | 18 | | beginning after January 1, 2016 to complete a minimum of 4 | 19 | | hours of professional development leadership training covering | 20 | | topics that shall include, but are not limited to, public | 21 | | university and labor law, contract law, ethics, sexual | 22 | | violence on campus, financial oversight and accountability, | 23 | | audits, and fiduciary responsibilities of a member of a | 24 | | governing board within 2 years after beginning service and |
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| 1 | | within every 2 years of service thereafter. | 2 | | (b) A public university shall maintain on its Internet | 3 | | website the names of all voting members of the governing board | 4 | | who have successfully completed the training. | 5 | | (b-5) Beginning July 1, 2022, the Board shall create and | 6 | | maintain on its Internet website an online trustee resource | 7 | | center that shall, at a minimum, do all of the following: | 8 | | (1) provide updates on all statutes relevant to the | 9 | | work of the governing boards of universities; | 10 | | (2) include all of the documents and resources | 11 | | provided to trustees during the professional development | 12 | | leadership training course; and | 13 | | (3) provide an online portal for trustees to submit | 14 | | questions and receive answers from the Board. | 15 | | (c) Beginning after the effective date of this amendatory | 16 | | Act of the 99th General Assembly, by July 31 of each year, the | 17 | | chairperson of each governing board shall certify to the Board | 18 | | the number of hours of training that each member received | 19 | | during the preceding fiscal year. | 20 | | (d) If the certification indicates that a board member has | 21 | | not completed the training required under this Section, the | 22 | | Board shall send a notice to the Governor, the President of the | 23 | | Senate, the Minority Leader of the Senate, the Speaker of the | 24 | | House of Representatives, and the Minority Leader of the House | 25 | | of Representatives of that fact, and the governing board shall | 26 | | suspend the board member from continued service, at which |
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| 1 | | point, the board member has 45 days to complete all training | 2 | | deemed incomplete as provided by the certification. Failure of | 3 | | the board member to complete the necessary training within | 4 | | this probationary period constitutes a resignation from and | 5 | | creates a vacancy in the governing board, to be filled as | 6 | | provided by law. | 7 | | (e) The training under this Section may be provided by the | 8 | | Board or by other qualified providers approved by the Board.
| 9 | | (Source: P.A. 99-695, eff. 1-1-17 .)
| 10 | | Section 99. Effective date. This Act takes effect upon | 11 | | becoming law.
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