HB2980 100TH GENERAL ASSEMBLY

LRB100 10507 MLM 20722 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB2980

Introduced , by Rep. Mark Batinick

SYNOPSIS AS INTRODUCED:

See Index

Creates the Illinois College Expense Reform Act. Provides that public universities and community colleges are not subject to the provisions of the Illinois Procurement Code. Provides that the State Universities Civil Service Act does not apply to employees hired by public universities and community colleges after the effective date of the Act. Provides that the Prevailing Wage Act does not apply to construction projects by public universities or community colleges estimated at less than $300,000. Provides that the Prevailing Wage Act does not apply to non-instructional services contracted to third parties. Allows universities and community colleges to contract any non-instructional services to third parties. Allows the Board of Higher Education to adopt rules to implement the Act. Amends the Personnel Code. Exempts employees of community colleges from the provisions of the Code. Amends the Illinois Procurement Code, the State Universities Civil Service Act, and the Prevailing Wage Act to make conforming changes. Amends various Acts related to the governance of public universities and community colleges in Illinois. Provides that beginning with the 2018-2019 academic year, public universities and community colleges shall ensure that at least 80% of their incoming freshman classes are Illinois residents.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning education.

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

Section 1. Short title. This Act may be cited as the Illinois College Expense Reform Act.

Section 5. Definitions. As used in this Act:

"Board" means the Board of Higher Education.

"Institution" means a public institution of higher education located in this State, including community colleges.

Section 10. Illinois Procurement Code; applicability. Notwithstanding any other provision of law to the contrary, the Illinois Procurement Code shall not apply to any institution.

Section 15. Personnel Code; applicability. Pursuant to items (8) and (9) of Section 4c of the Personnel Code, university employees are not subject to the provisions of the Personnel Code or under the jurisdiction of the Civil Service Commission. This Section is declarative of existing law.

Section 20. State Universities Civil Service Act; applicability. Notwithstanding any other provision of law to the contrary, the State Universities Civil Service Act does not apply to any employees hired by an institution after the effective date of this Act.

Section 25. Prevailing Wage Act; applicability.

(a) Notwithstanding any other provision of law to the contrary, the Prevailing Wage Act shall not apply to any construction project by an institution that has an estimated cost of less than $300,000 in 2017. Annually beginning in 2018, the limit under this subsection (a) shall be adjusted by the Board based on the Consumer Price Index for all Urban Consumers for all items, for the Midwest Region, as published by the United States Department of Labor, Bureau of Labor Statistics, for the immediately preceding calendar year.

(b) Notwithstanding any other provision of law to the contrary, the Prevailing Wage Act shall not apply to any services under Section 30 of this Act.

Section 30. Non-instructional services. Notwithstanding any other provision of law to the contrary, an institution may, at the discretion of its governing board, contract with a third party to fulfill any non-instructional services.

Section 90. Administration; rulemaking. The Board shall administer this Act. The Board may adopt any rules necessary to implement and administer this Act.

Section 900. The Personnel Code is amended by changing Section 4c as follows:

(20 ILCS 415/4c) (from Ch. 127, par. 63b104c)

Sec. 4c. General exemptions. The following positions in State service shall be exempt from jurisdictions A, B, and C, unless the jurisdictions shall be extended as provided in this Act:

(1) All officers elected by the people.

(2) All positions under the Lieutenant Governor, Secretary of State, State Treasurer, State Comptroller, State Board of Education, Clerk of the Supreme Court, Attorney General, and State Board of Elections.

(3) Judges, and officers and employees of the courts, and notaries public.

(4) All officers and employees of the Illinois General Assembly, all employees of legislative commissions, all officers and employees of the Illinois Legislative Reference Bureau, the Legislative Research Unit, and the Legislative Printing Unit.

(5) All positions in the Illinois National Guard and Illinois State Guard, paid from federal funds or positions in the State Military Service filled by enlistment and paid from State funds.

(6) All employees of the Governor at the executive mansion and on his immediate personal staff.

(7) Directors of Departments, the Adjutant General, the Assistant Adjutant General, the Director of the Illinois Emergency Management Agency, members of boards and commissions, and all other positions appointed by the Governor by and with the consent of the Senate.

(8) The presidents, other principal administrative officers, and teaching, research and extension faculties of Chicago State University, Eastern Illinois University, Governors State University, Illinois State University, Northeastern Illinois University, Northern Illinois University, Western Illinois University, the Illinois Community College Board, Southern Illinois University, Illinois Board of Higher Education, University of Illinois, State Universities Civil Service System, University Retirement System of Illinois, and the administrative officers and scientific and technical staff of the Illinois State Museum.

(8.5) All employees and administrators of community colleges.

(9) All other employees except the presidents, other principal administrative officers, and teaching, research and extension faculties of the universities under the jurisdiction of the Board of Regents and the colleges and universities under the jurisdiction of the Board of Governors of State Colleges and Universities, Illinois Community College Board, Southern Illinois University, Illinois Board of Higher Education, Board of Governors of State Colleges and Universities, the Board of Regents, University of Illinois, State Universities Civil Service System, University Retirement System of Illinois, so long as these are subject to the provisions of the State Universities Civil Service Act.

(10) The State Police so long as they are subject to the merit provisions of the State Police Act.

(11) (Blank).

(12) The technical and engineering staffs of the Department of Transportation, the Department of Nuclear Safety, the Pollution Control Board, and the Illinois Commerce Commission, and the technical and engineering staff providing architectural and engineering services in the Department of Central Management Services.

(13) All employees of the Illinois State Toll Highway Authority.

(14) The Secretary of the Illinois Workers' Compensation Commission.

(15) All persons who are appointed or employed by the Director of Insurance under authority of Section 202 of the Illinois Insurance Code to assist the Director of Insurance in discharging his responsibilities relating to the rehabilitation, liquidation, conservation, and dissolution of companies that are subject to the jurisdiction of the Illinois Insurance Code.

(16) All employees of the St. Louis Metropolitan Area Airport Authority.

(17) All investment officers employed by the Illinois State Board of Investment.

(18) Employees of the Illinois Young Adult Conservation Corps program, administered by the Illinois Department of Natural Resources, authorized grantee under Title VIII of the Comprehensive Employment and Training Act of 1973, 29 USC 993.

(19) Seasonal employees of the Department of Agriculture for the operation of the Illinois State Fair and the DuQuoin State Fair, no one person receiving more than 29 days of such employment in any calendar year.

(20) All "temporary" employees hired under the Department of Natural Resources' Illinois Conservation Service, a youth employment program that hires young people to work in State parks for a period of one year or less.

(21) All hearing officers of the Human Rights Commission.

(22) All employees of the Illinois Mathematics and Science Academy.

(23) All employees of the Kankakee River Valley Area Airport Authority.

(24) The commissioners and employees of the Executive Ethics Commission.

(25) The Executive Inspectors General, including special Executive Inspectors General, and employees of each Office of an Executive Inspector General.

(26) The commissioners and employees of the Legislative Ethics Commission.

(27) The Legislative Inspector General, including special Legislative Inspectors General, and employees of the Office of the Legislative Inspector General.

(28) The Auditor General's Inspector General and employees of the Office of the Auditor General's Inspector General.

(29) All employees of the Illinois Power Agency.

(30) Employees having demonstrable, defined advanced skills in accounting, financial reporting, or technical expertise who are employed within executive branch agencies and whose duties are directly related to the submission to the Office of the Comptroller of financial information for the publication of the Comprehensive Annual Financial Report (CAFR).

(31) All employees of the Illinois Sentencing Policy Advisory Council.

(Source: P.A. 97-618, eff. 10-26-11; 97-1055, eff. 8-23-12; 98-65, eff. 7-15-13.)

Section 905. The Illinois Procurement Code is amended by changing Section 1-15.100 as follows:

(30 ILCS 500/1-15.100)

Sec. 1-15.100. State agency. "State agency" means and includes all boards, commissions, agencies, institutions, authorities, and bodies politic and corporate of the State, created by or in accordance with the constitution or statute, of the executive branch of State government and does include colleges, universities, and institutions under the jurisdiction of the governing boards of the University of Illinois, Southern Illinois University, Illinois State University, Eastern Illinois University, Northern Illinois University, Western Illinois University, Chicago State University, Governor State University, Northeastern Illinois University, and the Board of Higher Education. However, this term does not apply to public employee retirement systems or investment boards that are subject to fiduciary duties imposed by the Illinois Pension Code; to institutions, as that term is defined in the Illinois College Expense Reform Act; or to the University of Illinois Foundation. "State agency" does not include units of local government, school districts, community colleges under the Public Community College Act, and the Illinois Comprehensive Health Insurance Board.

(Source: P.A. 90-572, eff. 2-6-98.)

Section 910. The State Universities Civil Service Act is amended by changing Section 36e as follows:

(110 ILCS 70/36e) (from Ch. 24 1/2, par. 38b4)

Sec. 36e. Coverage. All employees of the Illinois Community College Board, State Community College of East St. Louis (abolished under Section 2-12.1 of the Public Community College Act), Southern Illinois University, Chicago State University, Eastern Illinois University, Governors State University, Illinois State University, Northeastern Illinois University, Northern Illinois University, Western Illinois University, University of Illinois, State Universities Civil Service System, State Universities Retirement System, the State Scholarship Commission, and the Board of Higher Education, shall be covered by the University System described in Sections 36b to 36q, inclusive, of this Act, except the following persons:

(1) The members and officers of the Merit Board and the board of trustees, and the commissioners of the institutions and agencies covered hereunder;

(2) The presidents and vice-presidents of each educational institution;

(3) Other principal administrative employees of each institution and agency as determined by the Merit Board;

(4) The teaching, research and extension faculties of each institution and agency;

(5) Students employed under rules prescribed by the Merit Board, without examination or certification.

(6) Any employees hired after the effective date of this amendatory Act of the 100th General Assembly.

(Source: P.A. 97-333, eff. 8-12-11.)

Section 915. The University of Illinois Act is amended by adding Section 100 as follows:

(110 ILCS 305/100 new)

Sec. 100. Admission of Illinois residents. Beginning with the 2018-2019 academic year, the University shall ensure that at least 80% of its incoming freshman class is composed of Illinois residents.

Section 920. The Southern Illinois University Management Act is amended by adding Section 85 as follows:

(110 ILCS 520/85 new)

Sec. 85. Admission of Illinois residents. Beginning with the 2018-2019 academic year, the University shall ensure that at least 80% of its incoming freshman class is composed of Illinois residents.

Section 925. The Chicago State University Law is amended by adding Section 5-195 as follows:

(110 ILCS 660/5-195 new)

Sec. 5-195. Admission of Illinois residents. Beginning with the 2018-2019 academic year, the University shall ensure that at least 80% of its incoming freshman class is composed of Illinois residents.

Section 930. The Eastern Illinois University Law is amended by adding Section 10-195 as follows:

(110 ILCS 665/10-195 new)

Sec. 10-195. Admission of Illinois residents. Beginning with the 2018-2019 academic year, the University shall ensure that at least 80% of its incoming freshman class is composed of Illinois residents.

Section 935. The Governors State University Law is amended by adding Section 15-195 as follows:

(110 ILCS 670/15-195 new)

Sec. 15-195. Admission of Illinois residents. Beginning with the 2018-2019 academic year, the University shall ensure that at least 80% of its incoming freshman class is composed of Illinois residents.

Section 940. The Illinois State University Law is amended by adding Section 20-200 as follows:

(110 ILCS 675/20-200 new)

Sec. 20-200. Admission of Illinois residents. Beginning with the 2018-2019 academic year, the University shall ensure that at least 80% of its incoming freshman class is composed of Illinois residents.

Section 945. The Northeastern Illinois University Law is amended by adding Section 25-195 as follows:

(110 ILCS 680/25-195 new)

Sec. 25-195. Admission of Illinois residents. Beginning with the 2018-2019 academic year, the University shall ensure that at least 80% of its incoming freshman class is composed of Illinois residents.

Section 950. The Northern Illinois University Law is amended by adding Section 30-205 as follows:

(110 ILCS 685/30-205 new)

Sec. 30-205. Admission of Illinois residents. Beginning with the 2018-2019 academic year, the University shall ensure that at least 80% of its incoming freshman class is composed of Illinois residents.

Section 955. The Western Illinois University Law is amended by adding Section 35-200 as follows:

(110 ILCS 690/35-200 new)

Sec. 35-200. Admission of Illinois residents. Beginning with the 2018-2019 academic year, the University shall ensure that at least 80% of its incoming freshman class is composed of Illinois residents.

Section 960. The Public Community College Act is amended by adding Section 3-29.11 as follows:

(110 ILCS 805/3-29.11 new)

Sec. 3-29.11. Admission of Illinois residents. Beginning with the 2018-2019 academic year, each community colleges shall ensure that at least 80% of its incoming freshman class is composed of Illinois residents.

Section 965. The Prevailing Wage Act is amended by changing Section 2 as follows:

(820 ILCS 130/2) (from Ch. 48, par. 39s-2)

Sec. 2. Except as otherwise provided in Section 25 of the Illinois College Expense Reform Act, this This Act applies to the wages of laborers, mechanics and other workers employed in any public works, as hereinafter defined, by any public body and to anyone under contracts for public works. This includes any maintenance, repair, assembly, or disassembly work performed on equipment whether owned, leased, or rented.

As used in this Act, unless the context indicates otherwise:

"Public works" means all fixed works constructed or demolished by any public body, or paid for wholly or in part out of public funds. "Public works" as defined herein includes all projects financed in whole or in part with bonds, grants, loans, or other funds made available by or through the State or any of its political subdivisions, including but not limited to: bonds issued under the Industrial Project Revenue Bond Act (Article 11, Division 74 of the Illinois Municipal Code), the Industrial Building Revenue Bond Act, the Illinois Finance Authority Act, the Illinois Sports Facilities Authority Act, or the Build Illinois Bond Act; loans or other funds made available pursuant to the Build Illinois Act; loans or other funds made available pursuant to the Riverfront Development Fund under Section 10-15 of the River Edge Redevelopment Zone Act; or funds from the Fund for Illinois' Future under Section 6z-47 of the State Finance Act, funds for school construction under Section 5 of the General Obligation Bond Act, funds authorized under Section 3 of the School Construction Bond Act, funds for school infrastructure under Section 6z-45 of the State Finance Act, and funds for transportation purposes under Section 4 of the General Obligation Bond Act. "Public works" also includes (i) all projects financed in whole or in part with funds from the Department of Commerce and Economic Opportunity under the Illinois Renewable Fuels Development Program Act for which there is no project labor agreement; (ii) all work performed pursuant to a public private agreement under the Public Private Agreements for the Illiana Expressway Act or the Public-Private Agreements for the South Suburban Airport Act; and (iii) all projects undertaken under a public-private agreement under the Public-Private Partnerships for Transportation Act. "Public works" also includes all projects at leased facility property used for airport purposes under Section 35 of the Local Government Facility Lease Act. "Public works" also includes the construction of a new wind power facility by a business designated as a High Impact Business under Section 5.5(a)(3)(E) of the Illinois Enterprise Zone Act. "Public works" does not include work done directly by any public utility company, whether or not done under public supervision or direction, or paid for wholly or in part out of public funds. "Public works" also includes any corrective action performed pursuant to Title XVI of the Environmental Protection Act for which payment from the Underground Storage Tank Fund is requested. "Public works" does not include projects undertaken by the owner at an owner-occupied single-family residence or at an owner-occupied unit of a multi-family residence. "Public works" does not include work performed for soil and water conservation purposes on agricultural lands, whether or not done under public supervision or paid for wholly or in part out of public funds, done directly by an owner or person who has legal control of those lands.

"Construction" means all work on public works involving laborers, workers or mechanics. This includes any maintenance, repair, assembly, or disassembly work performed on equipment whether owned, leased, or rented.

"Locality" means the county where the physical work upon public works is performed, except (1) that if there is not available in the county a sufficient number of competent skilled laborers, workers and mechanics to construct the public works efficiently and properly, "locality" includes any other county nearest the one in which the work or construction is to be performed and from which such persons may be obtained in sufficient numbers to perform the work and (2) that, with respect to contracts for highway work with the Department of Transportation of this State, "locality" may at the discretion of the Secretary of the Department of Transportation be construed to include two or more adjacent counties from which workers may be accessible for work on such construction.

"Public body" means the State or any officer, board or commission of the State or any political subdivision or department thereof, or any institution supported in whole or in part by public funds, and includes every county, city, town, village, township, school district, irrigation, utility, reclamation improvement or other district and every other political subdivision, district or municipality of the state whether such political subdivision, municipality or district operates under a special charter or not.

The terms "general prevailing rate of hourly wages", "general prevailing rate of wages" or "prevailing rate of wages" when used in this Act mean the hourly cash wages plus annualized fringe benefits for training and apprenticeship programs approved by the U.S. Department of Labor, Bureau of Apprenticeship and Training, health and welfare, insurance, vacations and pensions paid generally, in the locality in which the work is being performed, to employees engaged in work of a similar character on public works.

(Source: P.A. 97-502, eff. 8-23-11; 98-109, eff. 7-25-13; 98-482, eff. 1-1-14; 98-740, eff. 7-16-14; 98-756, eff. 7-16-14.)