HB1347 95TH GENERAL ASSEMBLY

LRB095 09063 NHT 29254 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB1347

Introduced 02/20/07, by Rep. Gary Hannig

SYNOPSIS AS INTRODUCED:

105 ILCS 5/10-22.34c
30 ILCS 805/8.31 new

Amends the School Code. Provides that a board of education may enter into a contract with a third party for non-instructional services currently performed by an employee or bargaining unit member or lay off those educational support personnel employees upon 90 (instead of 30) days written notice. Adds conditions on the entering of such a contract, including providing that: (1) a contract must not be entered into during the term of a collective bargaining agreement; (2) any third party that submits a bid to perform the services shall provide comparable liability insurance, a comparable benefits package, a list of the number of employees who will provide the services and the wages the third party will pay those employees, a minimum 3-year cost projection, and information about the criminal and disciplinary records of the employees; (3) a contract must not be entered into unless the school board provides a cost comparison; (4) a minimum of 2 public hearings to discuss the school board's proposal to contract with a third party must be held; (5) 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 (6) a contract shall contain provisions requiring the contractor to comply with a policy of nondiscrimination and equal employment opportunity. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.

FISCAL NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

AN ACT concerning education.

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

Section 5. The School Code is amended by changing Section 10-22.34c as follows:

(105 ILCS 5/10-22.34c)

Sec. 10-22.34c. Third party non-instructional services. A Notwithstanding any other law of this State, nothing in this Code prevents a board of education may enter from entering into a contract with a third party for non-instructional services currently performed by any employee or bargaining unit member or lay from laying off those educational support personnel employees upon 90 30 days written notice to the affected employees, provided that:

(1) a contract must not be entered into during the term of a collective bargaining agreement covering any employees who perform the non-instructional services;

(2) a contract may only take effect at the beginning of a fiscal year;

(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) 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; and

(E) information about the criminal and disciplinary records, including claims of sexual misconduct, 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;

(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;

(6) a minimum of 2 public hearings, conducted by the school board prior to 2 regularly scheduled school board meetings, 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 6 months notice to the public of the date, time, and location of the first public hearing;

(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.

(Source: P.A. 90-548, eff. 1-1-98.)

Section 90. The State Mandates Act is amended by adding Section 8.31 as follows:

(30 ILCS 805/8.31 new)

Sec. 8.31. Exempt mandate. Notwithstanding Sections 6 and 8 of this Act, no reimbursement by the State is required for the implementation of any mandate created by this amendatory Act of the 95th General Assembly.

Section 99. Effective date. This Act takes effect upon becoming law.