Public Act 102-0378
 
SB2240 EnrolledLRB102 17242 RJF 22708 b


  
    AN ACT concerning government.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  



 
 
    Section 5. The Government Severance Pay Act is amended  by 
changing Sections 5 and 10 as follows:
 
    (5 ILCS 415/5)

    Sec. 5. Definitions. As used in this Act:

    "Department" means any branch, department, college, or 
school of a university established by the board of trustees of 
the university. 
    "Misconduct" includes, but is not limited to, the 
following:
     
        (1)   Conduct demonstrating conscious disregard of an 
    employer's interests and found to be a deliberate 
    violation or disregard of the reasonable standards of 
    behavior which the employer expects of his or her 
    employee. Such conduct may include, but is not limited to, 
    willful damage to an employer's property that results in 
    damage of more than $50, or theft of employer property or 
    property of a customer or invitee of the employer.
     
        (2)   Carelessness or negligence to a degree or 
    recurrence that manifests culpability or wrongful intent, 
    or shows an intentional and substantial disregard of the 
    employer's interests or of the employee's duties and 
    obligations to his or her employer.
     
        (3)   Chronic absenteeism or tardiness in deliberate 
    violation of a known policy of the employer or one or more 
    unapproved absences following a written reprimand or 
    warning relating to more than one unapproved absence.
     
        (4)   A willful and deliberate violation of a standard 
    or regulation of this State by an employee of an employer 
    licensed or certified by this State, which violation would 
    cause the employer to be sanctioned or have its license or 
    certification suspended by this State.
     
        (5)   A violation of an employer's rule, unless the 
    claimant can demonstrate that:

            (A)   he or she did not know, and could not 
        reasonably know, of the rule's requirements;

            (B)   the rule is not lawful or not reasonably 
        related to the job environment and performance; or

            (C)   the rule is not fairly or consistently 
        enforced.

        (6)   Other conduct, including, but not limited to, 
    committing criminal assault or battery on another 
    employee, or on a customer or invitee of the employer, or 
    committing abuse or neglect of a patient, resident, 
    disabled person, elderly person, or child in her or his 
    professional care.

    "Severance pay" means the actual or constructive 
compensation, including salary, benefits, or perquisites, for 
employment services yet to be rendered which is provided to an 
employee who has recently been or is about to be terminated, or 
a university president or chancellor who is transitioning to a 
new position within the university for which he or she is 
employed, excluding interim presidents and interim 
chancellors.

    "Unit of government" 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, Governors State 
University, Northeastern Illinois University, and the Board of 
Higher Education. "Unit of government" also includes units of 
local government, school districts, and community colleges 
under the Public Community College Act.


(Source: P.A. 100-895, eff. 1-1-19.)
 
    (5 ILCS 415/10)

    Sec. 10. Severance pay.

    (a)   A unit of government that enters into a contract or 
employment agreement, or renewal or renegotiation of an 
existing contract or employment agreement, that contains a 
provision for severance pay with an officer, agent, employee, 
or contractor must include the following provisions in the 
contract:

        (1)   a requirement that severance pay provided may not 
    exceed an amount greater than 20 weeks of compensation; 
    and

        (2)   a prohibition of provision of severance pay when 
    the officer, agent, employee, or contractor has been fired 
    for misconduct by the unit of government; and .
        (3) a requirement that if a provision to transition 
    into a different position is included in a university 
    president's or chancellor's contract, then the contract 
    must include which department he or she will transition 
    into, and a provision that compensation shall not exceed 
    the annual compensation of the highest paid employee in 
    the department, and that the annual salary shall be 
    commensurate with his or her assigned duties and rank as 
    determined by the Dean of the College, and with the 
    approval of the interim or acting president and the board 
    of trustees.

    (b)   Nothing in this Section creates an entitlement to 
severance pay in the absence of its contractual authorization 
or as otherwise authorized by law.


    (c)   Notwithstanding any other provision to the contrary, 
this Act shall not apply to contracts or employment agreements 
for individuals employed by the department of intercollegiate 
athletics of a college or university when the employee's 
compensation is funded by non-State-appropriated funds, such 
as revenues generated by athletic events or activities, gifts 
or donations, or any combination thereof. Nothing in this 
Section entitles an individual employed by the department of 
intercollegiate athletics of a college or university to 
receive severance pay when that individual has been dismissed 
for misconduct.
(Source: P.A. 100-895, eff. 1-1-19; 101-195, eff. 8-2-19.)
 
    Section 10. The Board of Higher Education Act is amended 
by changing Section 13 as follows:
 
    (110 ILCS 205/13)
    Sec. 13. Leadership training for university board members.
    (a) The Board shall require every voting member of the 
governing board of a public university appointed for a term 
beginning after January 1, 2016 to complete a minimum of 4 
hours of professional development leadership training covering 
topics that shall include, but are not limited to,  public 
university and labor law, contract law, ethics, sexual 
violence on campus, financial oversight and accountability, 
audits, and fiduciary responsibilities of a member of a 
governing board within 2 years after beginning service and 
within every 2 years of service thereafter.
    (b) A public university shall maintain on its Internet 
website the names of all voting members of the governing board 
who have successfully completed the training.
    (b-5) Beginning July 1, 2022, the Board shall create and 
maintain on its Internet website an online trustee resource 
center that shall, at a minimum, do all of the following: 
        (1) provide updates on all statutes relevant to the 
    work of the governing boards of universities;
        (2) include all of the documents and resources 
    provided to trustees during the professional development 
    leadership training course; and
        (3) provide an online portal for trustees to submit 
    questions and receive answers from the Board. 
    (c) Beginning after the effective date of this amendatory 
Act of the 99th General Assembly, by July 31 of each year, the 
chairperson of each governing board shall certify to the Board 
the number of hours of training that each member received 
during the preceding fiscal year.
    (d) If the certification indicates that a board member has 
not completed the training required under this Section, the 
Board shall send a notice to the Governor, the President of the 
Senate, the Minority Leader of the Senate, the Speaker of the 
House of Representatives, and the Minority Leader of the House 
of Representatives of that fact, and the governing board shall 
suspend the board member from continued service, at which 
point, the board member has 45 days to complete all training 
deemed incomplete as provided by the certification. Failure of 
the board member to complete the necessary training within 
this probationary period constitutes a resignation from and 
creates a vacancy in the governing board, to be filled as 
provided by law.
    (e) The training under this Section may be provided by the 
Board or by other qualified providers approved by the Board.

(Source: P.A. 99-695, eff. 1-1-17.)
 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.