95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB2736


 
Introduced 2/15/2008, by Sen. Debbie DeFrancesco Halvorson
 
SYNOPSIS AS INTRODUCED:
 		













110 ILCS 305/40 new






110 ILCS 520/25 new






110 ILCS 660/5-135 new






110 ILCS 665/10-135 new






110 ILCS 670/15-135 new






110 ILCS 675/20-140 new






110 ILCS 680/25-135 new






110 ILCS 685/30-145 new






110 ILCS 690/35-140 new






110 ILCS 805/3-42.4 new










    Amends various Acts relating to the governance of public universities in Illinois and amends the Public Community College Act.  Allows the governing board of each public university and community college district to 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 days written notice. Adds conditions on the entering of such a contract. Notwithstanding these conditions, allows a board to 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 students or staff. Provides that the amendatory Act is not applicable to non-instructional services that on the effective date of the amendatory Act are performed by a third party.
Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.

















LRB095 18855 NHT 44986 b

















FISCAL NOTE ACT MAY APPLY


STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
















 


 


A BILL FOR









 











SB2736

LRB095 18855 NHT 44986 b






1
    AN ACT concerning higher education.

 
2
    Be it enacted by the People of the State of Illinois,
 
3
represented in the General Assembly:


 
4
    Section 5. The University of Illinois Act is amended  by 
5
adding Section 40 as follows:
 
6
    (110 ILCS 305/40  new)
7
    Sec. 40. Third party non-instructional services.
8
    (a) The Board of Trustees may enter into a contract with a 
9
third party for
non-instructional services currently performed 
10
by any employee or bargaining
unit member or lay off those 
11
educational support personnel employees
upon 90 days
written 
12
notice to
the affected employees, provided that: 
13
        (1)  a contract must not be entered into and become 
14
    effective during the term of a collective bargaining 
15
    agreement, as that term is set forth in the agreement, 
16
    covering any employees who perform the non-instructional 
17
    services;
18
        (2)  a contract may only take effect upon the expiration 
19
    of an existing collective bargaining agreement;
20
        (3)  any third party that submits a bid to perform the 
21
    non-instructional services shall provide the following:

22
            (A)  evidence of liability insurance;

23
            (B)  a benefits package for the third party's 
 


 






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LRB095 18855 NHT 44986 b




1
        employees who will perform the non-instructional 
2
        services comparable to the benefits package provided 
3
        to University employees who perform those services;
4
            (C)  a list of the number of employees who will 
5
        provide the non-instructional services, the job 
6
        classifications of those employees, and the wages the 
7
        third party will pay those employees;
8
            (D)  a minimum 3-year cost projection, using 
9
        generally accepted accounting principles and which the 
10
        third party is prohibited from increasing if the bid is 
11
        accepted by the Board of Trustees, for each and every 
12
        expenditure category and account for performing the 
13
        non-instructional services;
14
            (E) composite  information about the criminal and 
15
        disciplinary records, including alcohol or other 
16
        substance abuse, Department of Children and Family 
17
        Services complaints and investigations, traffic 
18
        violations, and license revocations or any other 
19
        licensure problems, of any employees who may perform 
20
        the non-instructional services, provided that the 
21
        individual names and other identifying information of 
22
        employees need not be provided with the submission of 
23
        the bid, but must be made available upon request of the 
24
        Board of Trustees; and

25
            (F)  an affidavit, notarized by the president or 
26
        chief executive officer of the third party, that a 
 


 






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LRB095 18855 NHT 44986 b




1
        criminal history records check has been completed for 
2
        each of its employees within 3 months prior to 
3
        submission of the bid, provided that the results of 
4
        such checks need not be provided with the submission of 
5
        the bid, but must be made available upon request of the 
6
        Board of Trustees;

7
        (4)  a contract must not be entered into unless the 
8
    Board of Trustees performs a cost comparison, using 
9
    generally accepted accounting principles, of each and 
10
    every expenditure category and account that the Board of 
11
    Trustees projects it would incur over the term of the 
12
    contract if it continued to perform the non-instructional 
13
    services using its own employees with each and every 
14
    expenditure category and account that the Board of Trustees 
15
    projects a third party would incur if a third party 
16
    performed the non-instructional services;
17
        (5)  review and consideration of all bids by third 
18
    parties to perform the non-instructional services shall 
19
    take place in open session of a regularly scheduled Board 
20
    of Trustees meeting, unless the exclusive bargaining 
21
    representative of the employees who perform the 
22
    non-instructional services, if any such exclusive 
23
    bargaining representative exists, agrees in writing that 
24
    such review and consideration can take place in open 
25
    session at a specially scheduled Board of Trustees meeting;
26
        (6)  a minimum of one public hearing, conducted by the 
 


 






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LRB095 18855 NHT 44986 b




1
    Board of Trustees prior to a regularly scheduled Board of 
2
    Trustees meeting, to discuss the Board's proposal to 
3
    contract with a third party to perform the 
4
    non-instructional services must be held before the Board 
5
    may enter into such a contract; the Board of Trustees must 
6
    provide  notice to the public of the date, time, and 
7
    location of the first public hearing on or before the 
8
    initial date that bids to provide the non-instructional 
9
    services are solicited or a minimum of 30 days prior to 
10
    entering into such a contract, whichever provides a greater 
11
    period of notice;
12
        (7)  a contract shall contain provisions requiring the 
13
    contractor to offer available employee positions pursuant 
14
    to the contract to qualified University employees whose 
15
    employment is terminated because of the contract; and
16
        (8)  a contract shall contain provisions requiring the 
17
    contractor to comply with a policy of nondiscrimination and 
18
    equal employment opportunity for all persons and to take 
19
    affirmative steps to provide equal opportunity for all 
20
    persons.
21
    (b)  Notwithstanding subsection (a) of this Section, the 
22
Board of Trustees may enter into a contract, of no longer than 
23
3 months in duration, with a third party for non-instructional 
24
services currently performed by an employee or bargaining unit 
25
member for the purpose of augmenting the current workforce in 
26
an emergency situation that threatens the safety or health of 
 


 






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LRB095 18855 NHT 44986 b




1
the University's students or staff, provided that the Board of 
2
Trustees meets all of its obligations under the Illinois 
3
Educational Labor Relations Act.

4
    (c)  This Section is not applicable to non-instructional 
5
services of the University that on the effective date of this 
6
amendatory Act of the 95th General Assembly are performed for 
7
the University by a third party.

 
8
    Section 10. The Southern Illinois University Management 
9
Act is amended  by adding Section 25 as follows:
 
10
    (110 ILCS 520/25  new)
11
    Sec. 25. Third party non-instructional services.
12
    (a) The Board may enter into a contract with a third party 
13
for
non-instructional services currently performed by any 
14
employee or bargaining
unit member or lay off those educational 
15
support personnel employees
upon 90 days
written notice to
the 
16
affected employees, provided that: 
17
        (1)  a contract must not be entered into and become 
18
    effective during the term of a collective bargaining 
19
    agreement, as that term is set forth in the agreement, 
20
    covering any employees who perform the non-instructional 
21
    services;
22
        (2)  a contract may only take effect upon the expiration 
23
    of an existing collective bargaining agreement;
24
        (3)  any third party that submits a bid to perform the 
 


 






SB2736
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LRB095 18855 NHT 44986 b




1
    non-instructional services shall provide the following:

2
            (A)  evidence of liability insurance;

3
            (B)  a benefits package for the third party's 
4
        employees who will perform the non-instructional 
5
        services comparable to the benefits package provided 
6
        to University employees who perform those services;
7
            (C)  a list of the number of employees who will 
8
        provide the non-instructional services, the job 
9
        classifications of those employees, and the wages the 
10
        third party will pay those employees;
11
            (D)  a minimum 3-year cost projection, using 
12
        generally accepted accounting principles and which the 
13
        third party is prohibited from increasing if the bid is 
14
        accepted by the Board, for each and every expenditure 
15
        category and account for performing the 
16
        non-instructional services;
17
            (E) composite  information about the criminal and 
18
        disciplinary records, including alcohol or other 
19
        substance abuse, Department of Children and Family 
20
        Services complaints and investigations, traffic 
21
        violations, and license revocations or any other 
22
        licensure problems, of any employees who may perform 
23
        the non-instructional services, provided that the 
24
        individual names and other identifying information of 
25
        employees need not be provided with the submission of 
26
        the bid, but must be made available upon request of the 
 


 






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LRB095 18855 NHT 44986 b




1
        Board; and

2
            (F)  an affidavit, notarized by the president or 
3
        chief executive officer of the third party, that a 
4
        criminal history records check has been completed for 
5
        each of its employees within 3 months prior to 
6
        submission of the bid, provided that the results of 
7
        such checks need not be provided with the submission of 
8
        the bid, but must be made available upon request of the 
9
        Board;

10
        (4)  a contract must not be entered into unless the 
11
    Board performs a cost comparison, using generally accepted 
12
    accounting principles, of each and every expenditure 
13
    category and account that the Board projects it would incur 
14
    over the term of the contract if it continued to perform 
15
    the non-instructional services using its own employees 
16
    with each and every expenditure category and account that 
17
    the Board projects a third party would incur if a third 
18
    party performed the non-instructional services;
19
        (5)  review and consideration of all bids by third 
20
    parties to perform the non-instructional services shall 
21
    take place in open session of a regularly scheduled Board 
22
    meeting, unless the exclusive bargaining representative of 
23
    the employees who perform the non-instructional services, 
24
    if any such exclusive bargaining representative exists, 
25
    agrees in writing that such review and consideration can 
26
    take place in open session at a specially scheduled Board 
 


 






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LRB095 18855 NHT 44986 b




1
    meeting;
2
        (6)  a minimum of one public hearing, conducted by the 
3
    Board prior to a regularly scheduled Board meeting, to 
4
    discuss the Board's proposal to contract with a third party 
5
    to perform the non-instructional services must be held 
6
    before the Board may enter into such a contract; the Board 
7
    must provide  notice to the public of the date, time, and 
8
    location of the first public hearing on or before the 
9
    initial date that bids to provide the non-instructional 
10
    services are solicited or a minimum of 30 days prior to 
11
    entering into such a contract, whichever provides a greater 
12
    period of notice;
13
        (7)  a contract shall contain provisions requiring the 
14
    contractor to offer available employee positions pursuant 
15
    to the contract to qualified University employees whose 
16
    employment is terminated because of the contract; and
17
        (8)  a contract shall contain provisions requiring the 
18
    contractor to comply with a policy of nondiscrimination and 
19
    equal employment opportunity for all persons and to take 
20
    affirmative steps to provide equal opportunity for all 
21
    persons.
22
    (b)  Notwithstanding subsection (a) of this Section, the 
23
Board may enter into a contract, of no longer than 3 months in 
24
duration, with a third party for non-instructional services 
25
currently performed by an employee or bargaining unit member 
26
for the purpose of augmenting the current workforce in an 
 


 






SB2736
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LRB095 18855 NHT 44986 b




1
emergency situation that threatens the safety or health of the 
2
University's students or staff, provided that the Board meets 
3
all of its obligations under the Illinois Educational Labor 
4
Relations Act.

5
    (c)  This Section is not applicable to non-instructional 
6
services of the University that on the effective date of this 
7
amendatory Act of the 95th General Assembly are performed for 
8
the University by a third party.

 
9
    Section 15. The Chicago State University Law is amended  by 
10
adding Section 5-135 as follows:
 
11
    (110 ILCS 660/5-135  new)
12
    Sec. 5-135. Third party non-instructional services.
13
    (a) The Board may enter into a contract with a third party 
14
for
non-instructional services currently performed by any 
15
employee or bargaining
unit member or lay off those educational 
16
support personnel employees
upon 90 days
written notice to
the 
17
affected employees, provided that: 
18
        (1)  a contract must not be entered into and become 
19
    effective during the term of a collective bargaining 
20
    agreement, as that term is set forth in the agreement, 
21
    covering any employees who perform the non-instructional 
22
    services;
23
        (2)  a contract may only take effect upon the expiration 
24
    of an existing collective bargaining agreement;
 


 






SB2736
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LRB095 18855 NHT 44986 b




1
        (3)  any third party that submits a bid to perform the 
2
    non-instructional services shall provide the following:

3
            (A)  evidence of liability insurance;

4
            (B)  a benefits package for the third party's 
5
        employees who will perform the non-instructional 
6
        services comparable to the benefits package provided 
7
        to University employees who perform those services;
8
            (C)  a list of the number of employees who will 
9
        provide the non-instructional services, the job 
10
        classifications of those employees, and the wages the 
11
        third party will pay those employees;
12
            (D)  a minimum 3-year cost projection, using 
13
        generally accepted accounting principles and which the 
14
        third party is prohibited from increasing if the bid is 
15
        accepted by the Board, for each and every expenditure 
16
        category and account for performing the 
17
        non-instructional services;
18
            (E) composite  information about the criminal and 
19
        disciplinary records, including alcohol or other 
20
        substance abuse, Department of Children and Family 
21
        Services complaints and investigations, traffic 
22
        violations, and license revocations or any other 
23
        licensure problems, of any employees who may perform 
24
        the non-instructional services, provided that the 
25
        individual names and other identifying information of 
26
        employees need not be provided with the submission of 
 


 






SB2736
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LRB095 18855 NHT 44986 b




1
        the bid, but must be made available upon request of the 
2
        Board; and

3
            (F)  an affidavit, notarized by the president or 
4
        chief executive officer of the third party, that a 
5
        criminal history records check has been completed for 
6
        each of its employees within 3 months prior to 
7
        submission of the bid, provided that the results of 
8
        such checks need not be provided with the submission of 
9
        the bid, but must be made available upon request of the 
10
        Board;

11
        (4)  a contract must not be entered into unless the 
12
    Board performs a cost comparison, using generally accepted 
13
    accounting principles, of each and every expenditure 
14
    category and account that the Board projects it would incur 
15
    over the term of the contract if it continued to perform 
16
    the non-instructional services using its own employees 
17
    with each and every expenditure category and account that 
18
    the Board projects a third party would incur if a third 
19
    party performed the non-instructional services;
20
        (5)  review and consideration of all bids by third 
21
    parties to perform the non-instructional services shall 
22
    take place in open session of a regularly scheduled Board 
23
    meeting, unless the exclusive bargaining representative of 
24
    the employees who perform the non-instructional services, 
25
    if any such exclusive bargaining representative exists, 
26
    agrees in writing that such review and consideration can 
 


 






SB2736
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LRB095 18855 NHT 44986 b




1
    take place in open session at a specially scheduled Board 
2
    meeting;
3
        (6)  a minimum of one public hearing, conducted by the 
4
    Board prior to a regularly scheduled Board meeting, to 
5
    discuss the Board's proposal to contract with a third party 
6
    to perform the non-instructional services must be held 
7
    before the Board may enter into such a contract; the Board 
8
    must provide  notice to the public of the date, time, and 
9
    location of the first public hearing on or before the 
10
    initial date that bids to provide the non-instructional 
11
    services are solicited or a minimum of 30 days prior to 
12
    entering into such a contract, whichever provides a greater 
13
    period of notice;
14
        (7)  a contract shall contain provisions requiring the 
15
    contractor to offer available employee positions pursuant 
16
    to the contract to qualified University employees whose 
17
    employment is terminated because of the contract; and
18
        (8)  a contract shall contain provisions requiring the 
19
    contractor to comply with a policy of nondiscrimination and 
20
    equal employment opportunity for all persons and to take 
21
    affirmative steps to provide equal opportunity for all 
22
    persons.
23
    (b)  Notwithstanding subsection (a) of this Section, the 
24
Board may enter into a contract, of no longer than 3 months in 
25
duration, with a third party for non-instructional services 
26
currently performed by an employee or bargaining unit member 
 


 






SB2736
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LRB095 18855 NHT 44986 b




1
for the purpose of augmenting the current workforce in an 
2
emergency situation that threatens the safety or health of the 
3
University's students or staff, provided that the Board meets 
4
all of its obligations under the Illinois Educational Labor 
5
Relations Act.

6
    (c)  This Section is not applicable to non-instructional 
7
services of the University that on the effective date of this 
8
amendatory Act of the 95th General Assembly are performed for 
9
the University by a third party.

 
10
    Section 20. The Eastern Illinois University Law is amended  
11
by adding Section 10-135 as follows:
 
12
    (110 ILCS 665/10-135  new)
13
    Sec. 10-135. Third party non-instructional services.
14
    (a) The Board may enter into a contract with a third party 
15
for
non-instructional services currently performed by any 
16
employee or bargaining
unit member or lay off those educational 
17
support personnel employees
upon 90 days
written notice to
the 
18
affected employees, provided that: 
19
        (1)  a contract must not be entered into and become 
20
    effective during the term of a collective bargaining 
21
    agreement, as that term is set forth in the agreement, 
22
    covering any employees who perform the non-instructional 
23
    services;
24
        (2)  a contract may only take effect upon the expiration 
 


 






SB2736
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LRB095 18855 NHT 44986 b




1
    of an existing collective bargaining agreement;
2
        (3)  any third party that submits a bid to perform the 
3
    non-instructional services shall provide the following:

4
            (A)  evidence of liability insurance;

5
            (B)  a benefits package for the third party's 
6
        employees who will perform the non-instructional 
7
        services comparable to the benefits package provided 
8
        to University employees who perform those services;
9
            (C)  a list of the number of employees who will 
10
        provide the non-instructional services, the job 
11
        classifications of those employees, and the wages the 
12
        third party will pay those employees;
13
            (D)  a minimum 3-year cost projection, using 
14
        generally accepted accounting principles and which the 
15
        third party is prohibited from increasing if the bid is 
16
        accepted by the Board, for each and every expenditure 
17
        category and account for performing the 
18
        non-instructional services;
19
            (E) composite  information about the criminal and 
20
        disciplinary records, including alcohol or other 
21
        substance abuse, Department of Children and Family 
22
        Services complaints and investigations, traffic 
23
        violations, and license revocations or any other 
24
        licensure problems, of any employees who may perform 
25
        the non-instructional services, provided that the 
26
        individual names and other identifying information of 
 


 






SB2736
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LRB095 18855 NHT 44986 b




1
        employees need not be provided with the submission of 
2
        the bid, but must be made available upon request of the 
3
        Board; and

4
            (F)  an affidavit, notarized by the president or 
5
        chief executive officer of the third party, that a 
6
        criminal history records check has been completed for 
7
        each of its employees within 3 months prior to 
8
        submission of the bid, provided that the results of 
9
        such checks need not be provided with the submission of 
10
        the bid, but must be made available upon request of the 
11
        Board;

12
        (4)  a contract must not be entered into unless the 
13
    Board performs a cost comparison, using generally accepted 
14
    accounting principles, of each and every expenditure 
15
    category and account that the Board projects it would incur 
16
    over the term of the contract if it continued to perform 
17
    the non-instructional services using its own employees 
18
    with each and every expenditure category and account that 
19
    the Board projects a third party would incur if a third 
20
    party performed the non-instructional services;
21
        (5)  review and consideration of all bids by third 
22
    parties to perform the non-instructional services shall 
23
    take place in open session of a regularly scheduled Board 
24
    meeting, unless the exclusive bargaining representative of 
25
    the employees who perform the non-instructional services, 
26
    if any such exclusive bargaining representative exists, 
 


 






SB2736
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LRB095 18855 NHT 44986 b




1
    agrees in writing that such review and consideration can 
2
    take place in open session at a specially scheduled Board 
3
    meeting;
4
        (6)  a minimum of one public hearing, conducted by the 
5
    Board prior to a regularly scheduled Board meeting, to 
6
    discuss the Board's proposal to contract with a third party 
7
    to perform the non-instructional services must be held 
8
    before the Board may enter into such a contract; the Board 
9
    must provide  notice to the public of the date, time, and 
10
    location of the first public hearing on or before the 
11
    initial date that bids to provide the non-instructional 
12
    services are solicited or a minimum of 30 days prior to 
13
    entering into such a contract, whichever provides a greater 
14
    period of notice;
15
        (7)  a contract shall contain provisions requiring the 
16
    contractor to offer available employee positions pursuant 
17
    to the contract to qualified University employees whose 
18
    employment is terminated because of the contract; and
19
        (8)  a contract shall contain provisions requiring the 
20
    contractor to comply with a policy of nondiscrimination and 
21
    equal employment opportunity for all persons and to take 
22
    affirmative steps to provide equal opportunity for all 
23
    persons.
24
    (b)  Notwithstanding subsection (a) of this Section, the 
25
Board may enter into a contract, of no longer than 3 months in 
26
duration, with a third party for non-instructional services 
 


 






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LRB095 18855 NHT 44986 b




1
currently performed by an employee or bargaining unit member 
2
for the purpose of augmenting the current workforce in an 
3
emergency situation that threatens the safety or health of the 
4
University's students or staff, provided that the Board meets 
5
all of its obligations under the Illinois Educational Labor 
6
Relations Act.

7
    (c)  This Section is not applicable to non-instructional 
8
services of the University that on the effective date of this 
9
amendatory Act of the 95th General Assembly are performed for 
10
the University by a third party.

 
11
    Section 25. The Governors State University Law is amended  
12
by adding Section 15-135 as follows:
 
13
    (110 ILCS 670/15-135  new)
14
    Sec. 15-135. Third party non-instructional services.
15
    (a) The Board may enter into a contract with a third party 
16
for
non-instructional services currently performed by any 
17
employee or bargaining
unit member or lay off those educational 
18
support personnel employees
upon 90 days
written notice to
the 
19
affected employees, provided that: 
20
        (1)  a contract must not be entered into and become 
21
    effective during the term of a collective bargaining 
22
    agreement, as that term is set forth in the agreement, 
23
    covering any employees who perform the non-instructional 
24
    services;
 


 






SB2736
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LRB095 18855 NHT 44986 b




1
        (2)  a contract may only take effect upon the expiration 
2
    of an existing collective bargaining agreement;
3
        (3)  any third party that submits a bid to perform the 
4
    non-instructional services shall provide the following:

5
            (A)  evidence of liability insurance;

6
            (B)  a benefits package for the third party's 
7
        employees who will perform the non-instructional 
8
        services comparable to the benefits package provided 
9
        to University employees who perform those services;
10
            (C)  a list of the number of employees who will 
11
        provide the non-instructional services, the job 
12
        classifications of those employees, and the wages the 
13
        third party will pay those employees;
14
            (D)  a minimum 3-year cost projection, using 
15
        generally accepted accounting principles and which the 
16
        third party is prohibited from increasing if the bid is 
17
        accepted by the Board, for each and every expenditure 
18
        category and account for performing the 
19
        non-instructional services;
20
            (E) composite  information about the criminal and 
21
        disciplinary records, including alcohol or other 
22
        substance abuse, Department of Children and Family 
23
        Services complaints and investigations, traffic 
24
        violations, and license revocations or any other 
25
        licensure problems, of any employees who may perform 
26
        the non-instructional services, provided that the 
 


 






SB2736
- 19 -
LRB095 18855 NHT 44986 b




1
        individual names and other identifying information of 
2
        employees need not be provided with the submission of 
3
        the bid, but must be made available upon request of the 
4
        Board; and

5
            (F)  an affidavit, notarized by the president or 
6
        chief executive officer of the third party, that a 
7
        criminal history records check has been completed for 
8
        each of its employees within 3 months prior to 
9
        submission of the bid, provided that the results of 
10
        such checks need not be provided with the submission of 
11
        the bid, but must be made available upon request of the 
12
        Board;

13
        (4)  a contract must not be entered into unless the 
14
    Board performs a cost comparison, using generally accepted 
15
    accounting principles, of each and every expenditure 
16
    category and account that the Board projects it would incur 
17
    over the term of the contract if it continued to perform 
18
    the non-instructional services using its own employees 
19
    with each and every expenditure category and account that 
20
    the Board projects a third party would incur if a third 
21
    party performed the non-instructional services;
22
        (5)  review and consideration of all bids by third 
23
    parties to perform the non-instructional services shall 
24
    take place in open session of a regularly scheduled Board 
25
    meeting, unless the exclusive bargaining representative of 
26
    the employees who perform the non-instructional services, 
 


 






SB2736
- 20 -
LRB095 18855 NHT 44986 b




1
    if any such exclusive bargaining representative exists, 
2
    agrees in writing that such review and consideration can 
3
    take place in open session at a specially scheduled Board 
4
    meeting;
5
        (6)  a minimum of one public hearing, conducted by the 
6
    Board prior to a regularly scheduled Board meeting, to 
7
    discuss the Board's proposal to contract with a third party 
8
    to perform the non-instructional services must be held 
9
    before the Board may enter into such a contract; the Board 
10
    must provide  notice to the public of the date, time, and 
11
    location of the first public hearing on or before the 
12
    initial date that bids to provide the non-instructional 
13
    services are solicited or a minimum of 30 days prior to 
14
    entering into such a contract, whichever provides a greater 
15
    period of notice;
16
        (7)  a contract shall contain provisions requiring the 
17
    contractor to offer available employee positions pursuant 
18
    to the contract to qualified University employees whose 
19
    employment is terminated because of the contract; and
20
        (8)  a contract shall contain provisions requiring the 
21
    contractor to comply with a policy of nondiscrimination and 
22
    equal employment opportunity for all persons and to take 
23
    affirmative steps to provide equal opportunity for all 
24
    persons.
25
    (b)  Notwithstanding subsection (a) of this Section, the 
26
Board may enter into a contract, of no longer than 3 months in 
 


 






SB2736
- 21 -
LRB095 18855 NHT 44986 b




1
duration, with a third party for non-instructional services 
2
currently performed by an employee or bargaining unit member 
3
for the purpose of augmenting the current workforce in an 
4
emergency situation that threatens the safety or health of the 
5
University's students or staff, provided that the Board meets 
6
all of its obligations under the Illinois Educational Labor 
7
Relations Act.

8
    (c)  This Section is not applicable to non-instructional 
9
services of the University that on the effective date of this 
10
amendatory Act of the 95th General Assembly are performed for 
11
the University by a third party.

 
12
    Section 30. The Illinois State University Law is amended  by 
13
adding Section 20-140 as follows:
 
14
    (110 ILCS 675/20-140  new)
15
    Sec. 20-140. Third party non-instructional services.
16
    (a) The Board may enter into a contract with a third party 
17
for
non-instructional services currently performed by any 
18
employee or bargaining
unit member or lay off those educational 
19
support personnel employees
upon 90 days
written notice to
the 
20
affected employees, provided that: 
21
        (1)  a contract must not be entered into and become 
22
    effective during the term of a collective bargaining 
23
    agreement, as that term is set forth in the agreement, 
24
    covering any employees who perform the non-instructional 
 


 






SB2736
- 22 -
LRB095 18855 NHT 44986 b




1
    services;
2
        (2)  a contract may only take effect upon the expiration 
3
    of an existing collective bargaining agreement;
4
        (3)  any third party that submits a bid to perform the 
5
    non-instructional services shall provide the following:

6
            (A)  evidence of liability insurance;

7
            (B)  a benefits package for the third party's 
8
        employees who will perform the non-instructional 
9
        services comparable to the benefits package provided 
10
        to University employees who perform those services;
11
            (C)  a list of the number of employees who will 
12
        provide the non-instructional services, the job 
13
        classifications of those employees, and the wages the 
14
        third party will pay those employees;
15
            (D)  a minimum 3-year cost projection, using 
16
        generally accepted accounting principles and which the 
17
        third party is prohibited from increasing if the bid is 
18
        accepted by the Board, for each and every expenditure 
19
        category and account for performing the 
20
        non-instructional services;
21
            (E) composite  information about the criminal and 
22
        disciplinary records, including alcohol or other 
23
        substance abuse, Department of Children and Family 
24
        Services complaints and investigations, traffic 
25
        violations, and license revocations or any other 
26
        licensure problems, of any employees who may perform 
 


 






SB2736
- 23 -
LRB095 18855 NHT 44986 b




1
        the non-instructional services, provided that the 
2
        individual names and other identifying information of 
3
        employees need not be provided with the submission of 
4
        the bid, but must be made available upon request of the 
5
        Board; and

6
            (F)  an affidavit, notarized by the president or 
7
        chief executive officer of the third party, that a 
8
        criminal history records check has been completed for 
9
        each of its employees within 3 months prior to 
10
        submission of the bid, provided that the results of 
11
        such checks need not be provided with the submission of 
12
        the bid, but must be made available upon request of the 
13
        Board;

14
        (4)  a contract must not be entered into unless the 
15
    Board performs a cost comparison, using generally accepted 
16
    accounting principles, of each and every expenditure 
17
    category and account that the Board projects it would incur 
18
    over the term of the contract if it continued to perform 
19
    the non-instructional services using its own employees 
20
    with each and every expenditure category and account that 
21
    the Board projects a third party would incur if a third 
22
    party performed the non-instructional services;
23
        (5)  review and consideration of all bids by third 
24
    parties to perform the non-instructional services shall 
25
    take place in open session of a regularly scheduled Board 
26
    meeting, unless the exclusive bargaining representative of 
 


 






SB2736
- 24 -
LRB095 18855 NHT 44986 b




1
    the employees who perform the non-instructional services, 
2
    if any such exclusive bargaining representative exists, 
3
    agrees in writing that such review and consideration can 
4
    take place in open session at a specially scheduled Board 
5
    meeting;
6
        (6)  a minimum of one public hearing, conducted by the 
7
    Board prior to a regularly scheduled Board meeting, to 
8
    discuss the Board's proposal to contract with a third party 
9
    to perform the non-instructional services must be held 
10
    before the Board may enter into such a contract; the Board 
11
    must provide  notice to the public of the date, time, and 
12
    location of the first public hearing on or before the 
13
    initial date that bids to provide the non-instructional 
14
    services are solicited or a minimum of 30 days prior to 
15
    entering into such a contract, whichever provides a greater 
16
    period of notice;
17
        (7)  a contract shall contain provisions requiring the 
18
    contractor to offer available employee positions pursuant 
19
    to the contract to qualified University employees whose 
20
    employment is terminated because of the contract; and
21
        (8)  a contract shall contain provisions requiring the 
22
    contractor to comply with a policy of nondiscrimination and 
23
    equal employment opportunity for all persons and to take 
24
    affirmative steps to provide equal opportunity for all 
25
    persons.
26
    (b)  Notwithstanding subsection (a) of this Section, the 
 


 






SB2736
- 25 -
LRB095 18855 NHT 44986 b




1
Board may enter into a contract, of no longer than 3 months in 
2
duration, with a third party for non-instructional services 
3
currently performed by an employee or bargaining unit member 
4
for the purpose of augmenting the current workforce in an 
5
emergency situation that threatens the safety or health of the 
6
University's students or staff, provided that the Board meets 
7
all of its obligations under the Illinois Educational Labor 
8
Relations Act.

9
    (c)  This Section is not applicable to non-instructional 
10
services of the University that on the effective date of this 
11
amendatory Act of the 95th General Assembly are performed for 
12
the University by a third party.

 
13
    Section 35. The Northeastern Illinois University Law is 
14
amended  by adding Section 25-135 as follows:
 
15
    (110 ILCS 680/25-135  new)
16
    Sec. 25-135. Third party non-instructional services.
17
    (a) The Board may enter into a contract with a third party 
18
for
non-instructional services currently performed by any 
19
employee or bargaining
unit member or lay off those educational 
20
support personnel employees
upon 90 days
written notice to
the 
21
affected employees, provided that: 
22
        (1)  a contract must not be entered into and become 
23
    effective during the term of a collective bargaining 
24
    agreement, as that term is set forth in the agreement, 
 


 






SB2736
- 26 -
LRB095 18855 NHT 44986 b




1
    covering any employees who perform the non-instructional 
2
    services;
3
        (2)  a contract may only take effect upon the expiration 
4
    of an existing collective bargaining agreement;
5
        (3)  any third party that submits a bid to perform the 
6
    non-instructional services shall provide the following:

7
            (A)  evidence of liability insurance;

8
            (B)  a benefits package for the third party's 
9
        employees who will perform the non-instructional 
10
        services comparable to the benefits package provided 
11
        to University employees who perform those services;
12
            (C)  a list of the number of employees who will 
13
        provide the non-instructional services, the job 
14
        classifications of those employees, and the wages the 
15
        third party will pay those employees;
16
            (D)  a minimum 3-year cost projection, using 
17
        generally accepted accounting principles and which the 
18
        third party is prohibited from increasing if the bid is 
19
        accepted by the Board, for each and every expenditure 
20
        category and account for performing the 
21
        non-instructional services;
22
            (E) composite  information about the criminal and 
23
        disciplinary records, including alcohol or other 
24
        substance abuse, Department of Children and Family 
25
        Services complaints and investigations, traffic 
26
        violations, and license revocations or any other 
 


 






SB2736
- 27 -
LRB095 18855 NHT 44986 b




1
        licensure problems, of any employees who may perform 
2
        the non-instructional services, provided that the 
3
        individual names and other identifying information of 
4
        employees need not be provided with the submission of 
5
        the bid, but must be made available upon request of the 
6
        Board; and

7
            (F)  an affidavit, notarized by the president or 
8
        chief executive officer of the third party, that a 
9
        criminal history records check has been completed for 
10
        each of its employees within 3 months prior to 
11
        submission of the bid, provided that the results of 
12
        such checks need not be provided with the submission of 
13
        the bid, but must be made available upon request of the 
14
        Board;

15
        (4)  a contract must not be entered into unless the 
16
    Board performs a cost comparison, using generally accepted 
17
    accounting principles, of each and every expenditure 
18
    category and account that the Board projects it would incur 
19
    over the term of the contract if it continued to perform 
20
    the non-instructional services using its own employees 
21
    with each and every expenditure category and account that 
22
    the Board projects a third party would incur if a third 
23
    party performed the non-instructional services;
24
        (5)  review and consideration of all bids by third 
25
    parties to perform the non-instructional services shall 
26
    take place in open session of a regularly scheduled Board 
 


 






SB2736
- 28 -
LRB095 18855 NHT 44986 b




1
    meeting, unless the exclusive bargaining representative of 
2
    the employees who perform the non-instructional services, 
3
    if any such exclusive bargaining representative exists, 
4
    agrees in writing that such review and consideration can 
5
    take place in open session at a specially scheduled Board 
6
    meeting;
7
        (6)  a minimum of one public hearing, conducted by the 
8
    Board prior to a regularly scheduled Board meeting, to 
9
    discuss the Board's proposal to contract with a third party 
10
    to perform the non-instructional services must be held 
11
    before the Board may enter into such a contract; the Board 
12
    must provide  notice to the public of the date, time, and 
13
    location of the first public hearing on or before the 
14
    initial date that bids to provide the non-instructional 
15
    services are solicited or a minimum of 30 days prior to 
16
    entering into such a contract, whichever provides a greater 
17
    period of notice;
18
        (7)  a contract shall contain provisions requiring the 
19
    contractor to offer available employee positions pursuant 
20
    to the contract to qualified University employees whose 
21
    employment is terminated because of the contract; and
22
        (8)  a contract shall contain provisions requiring the 
23
    contractor to comply with a policy of nondiscrimination and 
24
    equal employment opportunity for all persons and to take 
25
    affirmative steps to provide equal opportunity for all 
26
    persons.
 


 






SB2736
- 29 -
LRB095 18855 NHT 44986 b




1
    (b)  Notwithstanding subsection (a) of this Section, the 
2
Board may enter into a contract, of no longer than 3 months in 
3
duration, with a third party for non-instructional services 
4
currently performed by an employee or bargaining unit member 
5
for the purpose of augmenting the current workforce in an 
6
emergency situation that threatens the safety or health of the 
7
University's students or staff, provided that the Board meets 
8
all of its obligations under the Illinois Educational Labor 
9
Relations Act.

10
    (c)  This Section is not applicable to non-instructional 
11
services of the University that on the effective date of this 
12
amendatory Act of the 95th General Assembly are performed for 
13
the University by a third party.

 
14
    Section 40. The Northern Illinois University Law is amended  
15
by adding Section 30-145 as follows:
 
16
    (110 ILCS 685/30-145  new)
17
    Sec. 30-145. Third party non-instructional services.
18
    (a) The Board may enter into a contract with a third party 
19
for
non-instructional services currently performed by any 
20
employee or bargaining
unit member or lay off those educational 
21
support personnel employees
upon 90 days
written notice to
the 
22
affected employees, provided that: 
23
        (1)  a contract must not be entered into and become 
24
    effective during the term of a collective bargaining 
 


 






SB2736
- 30 -
LRB095 18855 NHT 44986 b




1
    agreement, as that term is set forth in the agreement, 
2
    covering any employees who perform the non-instructional 
3
    services;
4
        (2)  a contract may only take effect upon the expiration 
5
    of an existing collective bargaining agreement;
6
        (3)  any third party that submits a bid to perform the 
7
    non-instructional services shall provide the following:

8
            (A)  evidence of liability insurance;

9
            (B)  a benefits package for the third party's 
10
        employees who will perform the non-instructional 
11
        services comparable to the benefits package provided 
12
        to University employees who perform those services;
13
            (C)  a list of the number of employees who will 
14
        provide the non-instructional services, the job 
15
        classifications of those employees, and the wages the 
16
        third party will pay those employees;
17
            (D)  a minimum 3-year cost projection, using 
18
        generally accepted accounting principles and which the 
19
        third party is prohibited from increasing if the bid is 
20
        accepted by the Board, for each and every expenditure 
21
        category and account for performing the 
22
        non-instructional services;
23
            (E) composite  information about the criminal and 
24
        disciplinary records, including alcohol or other 
25
        substance abuse, Department of Children and Family 
26
        Services complaints and investigations, traffic 
 


 






SB2736
- 31 -
LRB095 18855 NHT 44986 b




1
        violations, and license revocations or any other 
2
        licensure problems, of any employees who may perform 
3
        the non-instructional services, provided that the 
4
        individual names and other identifying information of 
5
        employees need not be provided with the submission of 
6
        the bid, but must be made available upon request of the 
7
        Board; and

8
            (F)  an affidavit, notarized by the president or 
9
        chief executive officer of the third party, that a 
10
        criminal history records check has been completed for 
11
        each of its employees within 3 months prior to 
12
        submission of the bid, provided that the results of 
13
        such checks need not be provided with the submission of 
14
        the bid, but must be made available upon request of the 
15
        Board;

16
        (4)  a contract must not be entered into unless the 
17
    Board performs a cost comparison, using generally accepted 
18
    accounting principles, of each and every expenditure 
19
    category and account that the Board projects it would incur 
20
    over the term of the contract if it continued to perform 
21
    the non-instructional services using its own employees 
22
    with each and every expenditure category and account that 
23
    the Board projects a third party would incur if a third 
24
    party performed the non-instructional services;
25
        (5)  review and consideration of all bids by third 
26
    parties to perform the non-instructional services shall 
 


 






SB2736
- 32 -
LRB095 18855 NHT 44986 b




1
    take place in open session of a regularly scheduled Board 
2
    meeting, unless the exclusive bargaining representative of 
3
    the employees who perform the non-instructional services, 
4
    if any such exclusive bargaining representative exists, 
5
    agrees in writing that such review and consideration can 
6
    take place in open session at a specially scheduled Board 
7
    meeting;
8
        (6)  a minimum of one public hearing, conducted by the 
9
    Board prior to a regularly scheduled Board meeting, to 
10
    discuss the Board's proposal to contract with a third party 
11
    to perform the non-instructional services must be held 
12
    before the Board may enter into such a contract; the Board 
13
    must provide  notice to the public of the date, time, and 
14
    location of the first public hearing on or before the 
15
    initial date that bids to provide the non-instructional 
16
    services are solicited or a minimum of 30 days prior to 
17
    entering into such a contract, whichever provides a greater 
18
    period of notice;
19
        (7)  a contract shall contain provisions requiring the 
20
    contractor to offer available employee positions pursuant 
21
    to the contract to qualified University employees whose 
22
    employment is terminated because of the contract; and
23
        (8)  a contract shall contain provisions requiring the 
24
    contractor to comply with a policy of nondiscrimination and 
25
    equal employment opportunity for all persons and to take 
26
    affirmative steps to provide equal opportunity for all 
 


 






SB2736
- 33 -
LRB095 18855 NHT 44986 b




1
    persons.
2
    (b)  Notwithstanding subsection (a) of this Section, the 
3
Board may enter into a contract, of no longer than 3 months in 
4
duration, with a third party for non-instructional services 
5
currently performed by an employee or bargaining unit member 
6
for the purpose of augmenting the current workforce in an 
7
emergency situation that threatens the safety or health of the 
8
University's students or staff, provided that the Board meets 
9
all of its obligations under the Illinois Educational Labor 
10
Relations Act.

11
    (c)  This Section is not applicable to non-instructional 
12
services of the University that on the effective date of this 
13
amendatory Act of the 95th General Assembly are performed for 
14
the University by a third party.

 
15
    Section 45. The Western Illinois University Law is amended  
16
by adding Section 35-140 as follows:
 
17
    (110 ILCS 690/35-140  new)
18
    Sec. 35-140. Third party non-instructional services.
19
    (a) The Board may enter into a contract with a third party 
20
for
non-instructional services currently performed by any 
21
employee or bargaining
unit member or lay off those educational 
22
support personnel employees
upon 90 days
written notice to
the 
23
affected employees, provided that: 
24
        (1)  a contract must not be entered into and become 
 


 






SB2736
- 34 -
LRB095 18855 NHT 44986 b




1
    effective during the term of a collective bargaining 
2
    agreement, as that term is set forth in the agreement, 
3
    covering any employees who perform the non-instructional 
4
    services;
5
        (2)  a contract may only take effect upon the expiration 
6
    of an existing collective bargaining agreement;
7
        (3)  any third party that submits a bid to perform the 
8
    non-instructional services shall provide the following:

9
            (A)  evidence of liability insurance;

10
            (B)  a benefits package for the third party's 
11
        employees who will perform the non-instructional 
12
        services comparable to the benefits package provided 
13
        to University employees who perform those services;
14
            (C)  a list of the number of employees who will 
15
        provide the non-instructional services, the job 
16
        classifications of those employees, and the wages the 
17
        third party will pay those employees;
18
            (D)  a minimum 3-year cost projection, using 
19
        generally accepted accounting principles and which the 
20
        third party is prohibited from increasing if the bid is 
21
        accepted by the Board, for each and every expenditure 
22
        category and account for performing the 
23
        non-instructional services;
24
            (E) composite  information about the criminal and 
25
        disciplinary records, including alcohol or other 
26
        substance abuse, Department of Children and Family 
 


 






SB2736
- 35 -
LRB095 18855 NHT 44986 b




1
        Services complaints and investigations, traffic 
2
        violations, and license revocations or any other 
3
        licensure problems, of any employees who may perform 
4
        the non-instructional services, provided that the 
5
        individual names and other identifying information of 
6
        employees need not be provided with the submission of 
7
        the bid, but must be made available upon request of the 
8
        Board; and

9
            (F)  an affidavit, notarized by the president or 
10
        chief executive officer of the third party, that a 
11
        criminal history records check has been completed for 
12
        each of its employees within 3 months prior to 
13
        submission of the bid, provided that the results of 
14
        such checks need not be provided with the submission of 
15
        the bid, but must be made available upon request of the 
16
        Board;

17
        (4)  a contract must not be entered into unless the 
18
    Board performs a cost comparison, using generally accepted 
19
    accounting principles, of each and every expenditure 
20
    category and account that the Board projects it would incur 
21
    over the term of the contract if it continued to perform 
22
    the non-instructional services using its own employees 
23
    with each and every expenditure category and account that 
24
    the Board projects a third party would incur if a third 
25
    party performed the non-instructional services;
26
        (5)  review and consideration of all bids by third 
 


 






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1
    parties to perform the non-instructional services shall 
2
    take place in open session of a regularly scheduled Board 
3
    meeting, unless the exclusive bargaining representative of 
4
    the employees who perform the non-instructional services, 
5
    if any such exclusive bargaining representative exists, 
6
    agrees in writing that such review and consideration can 
7
    take place in open session at a specially scheduled Board 
8
    meeting;
9
        (6)  a minimum of one public hearing, conducted by the 
10
    Board prior to a regularly scheduled Board meeting, to 
11
    discuss the Board's proposal to contract with a third party 
12
    to perform the non-instructional services must be held 
13
    before the Board may enter into such a contract; the Board 
14
    must provide  notice to the public of the date, time, and 
15
    location of the first public hearing on or before the 
16
    initial date that bids to provide the non-instructional 
17
    services are solicited or a minimum of 30 days prior to 
18
    entering into such a contract, whichever provides a greater 
19
    period of notice;
20
        (7)  a contract shall contain provisions requiring the 
21
    contractor to offer available employee positions pursuant 
22
    to the contract to qualified University employees whose 
23
    employment is terminated because of the contract; and
24
        (8)  a contract shall contain provisions requiring the 
25
    contractor to comply with a policy of nondiscrimination and 
26
    equal employment opportunity for all persons and to take 
 


 






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1
    affirmative steps to provide equal opportunity for all 
2
    persons.
3
    (b)  Notwithstanding subsection (a) of this Section, the 
4
Board may enter into a contract, of no longer than 3 months in 
5
duration, with a third party for non-instructional services 
6
currently performed by an employee or bargaining unit member 
7
for the purpose of augmenting the current workforce in an 
8
emergency situation that threatens the safety or health of the 
9
University's students or staff, provided that the Board meets 
10
all of its obligations under the Illinois Educational Labor 
11
Relations Act.

12
    (c)  This Section is not applicable to non-instructional 
13
services of the University that on the effective date of this 
14
amendatory Act of the 95th General Assembly are performed for 
15
the University by a third party.

 
16
    Section 50. The Public Community College Act is amended  by 
17
adding Section 3-42.4 as follows:

 
18
    (110 ILCS 805/3-42.4 new)

19
    Sec. 3-42.4. Third party non-instructional services.
20
    (a) The board may enter into a contract with a third party 
21
for
non-instructional services currently performed by any 
22
employee or bargaining
unit member or lay off those educational 
23
support personnel employees
upon 90 days
written notice to
the 
24
affected employees, provided that: 
 


 






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1
        (1)  a contract must not be entered into and become 
2
    effective during the term of a collective bargaining 
3
    agreement, as that term is set forth in the agreement, 
4
    covering any employees who perform the non-instructional 
5
    services;
6
        (2)  a contract may only take effect upon the expiration 
7
    of an existing collective bargaining agreement;
8
        (3)  any third party that submits a bid to perform the 
9
    non-instructional services shall provide the following:

10
            (A)  evidence of liability insurance;

11
            (B)  a benefits package for the third party's 
12
        employees who will perform the non-instructional 
13
        services comparable to the benefits package provided 
14
        to district employees who perform those services;
15
            (C)  a list of the number of employees who will 
16
        provide the non-instructional services, the job 
17
        classifications of those employees, and the wages the 
18
        third party will pay those employees;
19
            (D)  a minimum 3-year cost projection, using 
20
        generally accepted accounting principles and which the 
21
        third party is prohibited from increasing if the bid is 
22
        accepted by the board, for each and every expenditure 
23
        category and account for performing the 
24
        non-instructional services;
25
            (E) composite  information about the criminal and 
26
        disciplinary records, including alcohol or other 
 


 






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1
        substance abuse, Department of Children and Family 
2
        Services complaints and investigations, traffic 
3
        violations, and license revocations or any other 
4
        licensure problems, of any employees who may perform 
5
        the non-instructional services, provided that the 
6
        individual names and other identifying information of 
7
        employees need not be provided with the submission of 
8
        the bid, but must be made available upon request of the 
9
        board; and

10
            (F)  an affidavit, notarized by the president or 
11
        chief executive officer of the third party, that a 
12
        criminal history records check has been completed for 
13
        each of its employees within 3 months prior to 
14
        submission of the bid, provided that the results of 
15
        such checks need not be provided with the submission of 
16
        the bid, but must be made available upon request of the 
17
        board;

18
        (4)  a contract must not be entered into unless the 
19
    board performs a cost comparison, using generally accepted 
20
    accounting principles, of each and every expenditure 
21
    category and account that the board projects it would incur 
22
    over the term of the contract if it continued to perform 
23
    the non-instructional services using its own employees 
24
    with each and every expenditure category and account that 
25
    the board projects a third party would incur if a third 
26
    party performed the non-instructional services;
 


 






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1
        (5)  review and consideration of all bids by third 
2
    parties to perform the non-instructional services shall 
3
    take place in open session of a regularly scheduled board 
4
    meeting, unless the exclusive bargaining representative of 
5
    the employees who perform the non-instructional services, 
6
    if any such exclusive bargaining representative exists, 
7
    agrees in writing that such review and consideration can 
8
    take place in open session at a specially scheduled board 
9
    meeting;
10
        (6)  a minimum of one public hearing, conducted by the 
11
    board prior to a regularly scheduled board meeting, to 
12
    discuss the board's proposal to contract with a third party 
13
    to perform the non-instructional services must be held 
14
    before the board may enter into such a contract; the board 
15
    must provide  notice to the public of the date, time, and 
16
    location of the first public hearing on or before the 
17
    initial date that bids to provide the non-instructional 
18
    services are solicited or a minimum of 30 days prior to 
19
    entering into such a contract, whichever provides a greater 
20
    period of notice;
21
        (7)  a contract shall contain provisions requiring the 
22
    contractor to offer available employee positions pursuant 
23
    to the contract to qualified district employees whose 
24
    employment is terminated because of the contract; and
25
        (8)  a contract shall contain provisions requiring the 
26
    contractor to comply with a policy of nondiscrimination and 
 


 






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1
    equal employment opportunity for all persons and to take 
2
    affirmative steps to provide equal opportunity for all 
3
    persons.
4
    (b)  Notwithstanding subsection (a) of this Section, the 
5
board may enter into a contract, of no longer than 3 months in 
6
duration, with a third party for non-instructional services 
7
currently performed by an employee or bargaining unit member 
8
for the purpose of augmenting the current workforce in an 
9
emergency situation that threatens the safety or health of the 
10
district's students or staff, provided that the board meets all 
11
of its obligations under the Illinois Educational Labor 
12
Relations Act.

13
    (c)  This Section is not applicable to non-instructional 
14
services of the district that on the effective date of this 
15
amendatory Act of the 95th General Assembly are performed for 
16
the district by a third party.


 
17
    Section 99. Effective date. This Act takes effect upon 
18
becoming law.