HB1261ham001 100TH GENERAL ASSEMBLY

Rep. William Davis

Filed: 5/29/2017

10000HB1261ham001 LRB100 02969 MLM 27241 a

AMENDMENT TO HOUSE BILL 1261

AMENDMENT NO. ______. Amend House Bill 1261 by replacing everything after the enacting clause as follows:

"Section 5. The School Code is amended by changing Sections 10-22.34c and 22-62 as follows:

(105 ILCS 5/10-22.34c)

Sec. 10-22.34c. Third party non-instructional services.

(a) A board of education 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 in scope and amount equivalent to the liability insurance provided by the school board pursuant to Section 10-22.3 of this Code;

(B) (blank); a benefits package for the third party's employees who will perform the non-instructional services comparable to the benefits package provided to school board 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 school board, for each and every expenditure category and account for performing the non-instructional services; if the bid is accepted, the school board shall file a copy of the cost projection submitted with the bid to the State Board of Education;

(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 school board; and

(F) an affidavit, notarized by the president or chief executive officer of the third party, that each of its employees has completed a criminal background check as required by Section 10-21.9 of this Code within 3 months prior to submission of the bid, provided that the results of such background checks need not be provided with the submission of the bid, but must be made available upon request of the school board;

(4) a contract must not be entered into unless the school board provides a cost comparison, using generally accepted accounting principles, of each and every expenditure category and account that the school 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 is projected 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 school 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 school board meeting;

(6) a minimum of one public hearing, conducted by the school board prior to a regularly scheduled school board meeting, to discuss the school board's proposal to contract with a third party to perform the non-instructional services must be held before the school board may enter into such a contract; the school 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 school 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, a board of education 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 school district's students or staff, provided that the school board meets all of its obligations under the Illinois Educational Labor Relations Act.

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

(d) Beginning July 1, 2022, the State Board of Education shall review and analyze the cost projection information provided by boards of education under subparagraph (D) of paragraph (3) of subsection (a) of this Section and determine the effects that the contracts had on school districts and the State, including any cost savings and economic benefits. The State Board of Education shall complete the review and report its findings to the Governor and the General Assembly by December 31, 2022.

From July 1, 2022 until January 1, 2023, no board of education may enter into any new contract with a third party for non-instructional services under this Section. However, this prohibition shall not affect any contracts entered into before July 1, 2022 or renewals of contracts entered into before July 1, 2022.

Beginning January 1, 2023, boards of education are again allowed to enter into contracts with third parties for non-instructional services as provided under this Section.

(Source: P.A. 95-241, eff. 8-17-07; 96-328, eff. 8-11-09.)

(105 ILCS 5/22-62 new)

Sec. 22-62. Discharge of unfunded mandates.

(a) School districts need not comply with and may discharge any mandate or requirement placed on school districts by this Code or by administrative rules adopted by the State Board of Education that is unfunded.

(b) Subsection (a) of this Section does not apply to any of the following:

(1) Laws and rules pertaining to student health, life, or safety.

(2) Federally required mandates, including without limitation compliance with the federal Every Student Succeeds Act.

(3) Laws and rules pertaining to civil rights and protections.

(c) Before a school district may lawfully discharge an unfunded mandate under subsection (a) of this Section, it must hold a public hearing and referendum on the matter. The school district must post information that sets forth the time, date, place, and general subject matter of the public hearing on its Internet website at least 14 days prior to the hearing. The school district must publish a notice of the public hearing at least 7 days prior to the hearing in a newspaper of general circulation within the school district that sets forth the time, date, place, and general subject matter of the hearing. The school district must notify, in writing, the affected exclusive collective bargaining agent and those State legislators representing the affected territory of its intent to discharge an unfunded mandate and of the hearing to be held to take testimony from staff. The affected exclusive collective bargaining agent must be notified of the public hearing at least 7 days prior to the date of the hearing and must be allowed to attend the hearing. The school district shall attest to compliance with the requirements of this subsection (c).

After the public hearing, the question of whether a school district may discharge an unfunded mandate must be submitted to the electors of the school district at a regular election and approved by a majority of the electors voting on the question. The school board must certify the question to the proper election authority. The election authority must submit the question at an election in accordance with the Election Code, which election must be at least 6 months after the public hearing was held. The election authority must submit the question in substantially the following form:

Shall the school board of (name of school district) discharge the unfunded mandate or requirement placed on the school district by the State concerning (description of the mandate or requirement)? The election authority must record the votes as "Yes" or "No".

If a majority of the electors voting on the question vote in the affirmative, the school board may discharge the unfunded mandate.

(d) A school board shall report each unfunded mandate it has discharged under this Section to the State Board of Education. The State Board shall compile and report this information to the General Assembly each year.

(105 ILCS 5/22-60 rep.)

Section 10. The School Code is amended by repealing Section 22-60.

Section 99. Effective date. This Act takes effect upon becoming law, but this Act does not take effect at all unless Senate Bill 1 of this 100th General Assembly becomes law.".