Sen. David Koehler
Filed: 5/15/2008
 
 

 




 

 		












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AMENDMENT TO SENATE BILL 2736




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    AMENDMENT NO. ______. Amend Senate Bill 2736 by replacing 
3
everything after the enacting clause with the following:


 
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 60 days
written 
12
notice to
the affected employees. 
13
    (b)  Notwithstanding subsection (a) of this Section, the 
14
Board of Trustees may enter into a contract, of no longer than 
15
3 months in duration, with a third party for non-instructional 
16
services currently performed by an employee or bargaining unit 
 


 






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member for the purpose of augmenting the current workforce in 
2
an emergency situation that threatens the safety or health of 
3
the University's students or staff, provided that the Board of 
4
Trustees meets all of its obligations under the Illinois 
5
Educational Labor 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 10. The Southern Illinois University Management 
11
Act is amended  by adding Section 25 as follows:
 
12
    (110 ILCS 520/25  new)
13
    Sec. 25. 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 60 days
written notice to
the 
18
affected employees. 
19
    (b)  Notwithstanding subsection (a) of this Section, the 
20
Board may enter into a contract, of no longer than 3 months in 
21
duration, with a third party for non-instructional services 
22
currently performed by an employee or bargaining unit member 
23
for the purpose of augmenting the current workforce in an 
24
emergency situation that threatens the safety or health of the 
 


 






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University's students or staff, provided that the Board meets 
2
all of its obligations under the Illinois Educational Labor 
3
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 15. The Chicago State University Law is amended  by 
9
adding Section 5-135 as follows:
 
10
    (110 ILCS 660/5-135  new)
11
    Sec. 5-135. 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 60 days
written notice to
the 
16
affected employees. 
17
    (b)  Notwithstanding subsection (a) of this Section, the 
18
Board may enter into a contract, of no longer than 3 months in 
19
duration, with a third party for non-instructional services 
20
currently performed by an employee or bargaining unit member 
21
for the purpose of augmenting the current workforce in an 
22
emergency situation that threatens the safety or health of the 
23
University's students or staff, provided that the Board meets 
24
all of its obligations under the Illinois Educational Labor 
 


 






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Relations Act.

2
    (c)  This Section is not applicable to non-instructional 
3
services of the University that on the effective date of this 
4
amendatory Act of the 95th General Assembly are performed for 
5
the University by a third party.

 
6
    Section 20. The Eastern Illinois University Law is amended  
7
by adding Section 10-135 as follows:
 
8
    (110 ILCS 665/10-135  new)
9
    Sec. 10-135. Third party non-instructional services.
10
    (a) The Board may enter into a contract with a third party 
11
for
non-instructional services currently performed by any 
12
employee or bargaining
unit member or lay off those educational 
13
support personnel employees
upon 60 days
written notice to
the 
14
affected employees. 
15
    (b)  Notwithstanding subsection (a) of this Section, the 
16
Board may enter into a contract, of no longer than 3 months in 
17
duration, with a third party for non-instructional services 
18
currently performed by an employee or bargaining unit member 
19
for the purpose of augmenting the current workforce in an 
20
emergency situation that threatens the safety or health of the 
21
University's students or staff, provided that the Board meets 
22
all of its obligations under the Illinois Educational Labor 
23
Relations Act.

24
    (c)  This Section is not applicable to non-instructional 
 


 






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services of the University that on the effective date of this 
2
amendatory Act of the 95th General Assembly are performed for 
3
the University by a third party.

 
4
    Section 25. The Governors State University Law is amended  
5
by adding Section 15-135 as follows:
 
6
    (110 ILCS 670/15-135  new)
7
    Sec. 15-135. Third party non-instructional services.
8
    (a) The Board may enter into a contract with a third party 
9
for
non-instructional services currently performed by any 
10
employee or bargaining
unit member or lay off those educational 
11
support personnel employees
upon 60 days
written notice to
the 
12
affected employees. 
13
    (b)  Notwithstanding subsection (a) of this Section, the 
14
Board may enter into a contract, of no longer than 3 months in 
15
duration, with a third party for non-instructional services 
16
currently performed by an employee or bargaining unit member 
17
for the purpose of augmenting the current workforce in an 
18
emergency situation that threatens the safety or health of the 
19
University's students or staff, provided that the Board meets 
20
all of its obligations under the Illinois Educational Labor 
21
Relations Act.

22
    (c)  This Section is not applicable to non-instructional 
23
services of the University that on the effective date of this 
24
amendatory Act of the 95th General Assembly are performed for 
 


 






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the University by a third party.

 
2
    Section 30. The Illinois State University Law is amended  by 
3
adding Section 20-140 as follows:
 
4
    (110 ILCS 675/20-140  new)
5
    Sec. 20-140. Third party non-instructional services.
6
    (a) The Board may enter into a contract with a third party 
7
for
non-instructional services currently performed by any 
8
employee or bargaining
unit member or lay off those educational 
9
support personnel employees
upon 60 days
written notice to
the 
10
affected employees. 
11
    (b)  Notwithstanding subsection (a) of this Section, the 
12
Board may enter into a contract, of no longer than 3 months in 
13
duration, with a third party for non-instructional services 
14
currently performed by an employee or bargaining unit member 
15
for the purpose of augmenting the current workforce in an 
16
emergency situation that threatens the safety or health of the 
17
University's students or staff, provided that the Board meets 
18
all of its obligations under the Illinois Educational Labor 
19
Relations Act.

20
    (c)  This Section is not applicable to non-instructional 
21
services of the University that on the effective date of this 
22
amendatory Act of the 95th General Assembly are performed for 
23
the University by a third party.

 
 


 






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    Section 35. The Northeastern Illinois University Law is 
2
amended  by adding Section 25-135 as follows:
 
3
    (110 ILCS 680/25-135  new)
4
    Sec. 25-135. Third party non-instructional services.
5
    (a) The Board may enter into a contract with a third party 
6
for
non-instructional services currently performed by any 
7
employee or bargaining
unit member or lay off those educational 
8
support personnel employees
upon 60 days
written notice to
the 
9
affected employees. 
10
    (b)  Notwithstanding subsection (a) of this Section, the 
11
Board may enter into a contract, of no longer than 3 months in 
12
duration, with a third party for non-instructional services 
13
currently performed by an employee or bargaining unit member 
14
for the purpose of augmenting the current workforce in an 
15
emergency situation that threatens the safety or health of the 
16
University's students or staff, provided that the Board meets 
17
all of its obligations under the Illinois Educational Labor 
18
Relations Act.

19
    (c)  This Section is not applicable to non-instructional 
20
services of the University that on the effective date of this 
21
amendatory Act of the 95th General Assembly are performed for 
22
the University by a third party.

 
23
    Section 40. The Northern Illinois University Law is amended  
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by adding Section 30-145 as follows:
 
 


 






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    (110 ILCS 685/30-145  new)
2
    Sec. 30-145. Third party non-instructional services.
3
    (a) The Board may enter into a contract with a third party 
4
for
non-instructional services currently performed by any 
5
employee or bargaining
unit member or lay off those educational 
6
support personnel employees
upon 60 days
written notice to
the 
7
affected employees. 
8
    (b)  Notwithstanding subsection (a) of this Section, the 
9
Board may enter into a contract, of no longer than 3 months in 
10
duration, with a third party for non-instructional services 
11
currently performed by an employee or bargaining unit member 
12
for the purpose of augmenting the current workforce in an 
13
emergency situation that threatens the safety or health of the 
14
University's students or staff, provided that the Board meets 
15
all of its obligations under the Illinois Educational Labor 
16
Relations Act.

17
    (c)  This Section is not applicable to non-instructional 
18
services of the University that on the effective date of this 
19
amendatory Act of the 95th General Assembly are performed for 
20
the University by a third party.

 
21
    Section 45. The Western Illinois University Law is amended  
22
by adding Section 35-140 as follows:
 
23
    (110 ILCS 690/35-140  new)
 


 






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    Sec. 35-140. Third party non-instructional services.
2
    (a) The Board may enter into a contract with a third party 
3
for
non-instructional services currently performed by any 
4
employee or bargaining
unit member or lay off those educational 
5
support personnel employees
upon 60 days
written notice to
the 
6
affected employees. 
7
    (b)  Notwithstanding subsection (a) of this Section, the 
8
Board may enter into a contract, of no longer than 3 months in 
9
duration, with a third party for non-instructional services 
10
currently performed by an employee or bargaining unit member 
11
for the purpose of augmenting the current workforce in an 
12
emergency situation that threatens the safety or health of the 
13
University's students or staff, provided that the Board meets 
14
all of its obligations under the Illinois Educational Labor 
15
Relations Act.

16
    (c)  This Section is not applicable to non-instructional 
17
services of the University that on the effective date of this 
18
amendatory Act of the 95th General Assembly are performed for 
19
the University by a third party.

 
20
    Section 50. The Public Community College Act is amended  by 
21
adding Section 3-42.4 as follows:

 
22
    (110 ILCS 805/3-42.4 new)

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    Sec. 3-42.4. Third party non-instructional services.
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    (a) The board may enter into a contract with a third party 
 


 






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for
non-instructional services currently performed by any 
2
employee or bargaining
unit member or lay off those educational 
3
support personnel employees
upon 90 days
written notice to
the 
4
affected employees, provided that: 
5
        (1)  a contract must not be entered into and become 
6
    effective during the term of a collective bargaining 
7
    agreement, as that term is set forth in the agreement, 
8
    covering any employees who perform the non-instructional 
9
    services;
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        (2)  a contract may only take effect upon the expiration 
11
    of an existing collective bargaining agreement;
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        (3)  any third party that submits a bid to perform the 
13
    non-instructional services shall provide the following:

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            (A)  evidence of liability insurance;

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            (B)  a benefits package for the third party's 
16
        employees who will perform the non-instructional 
17
        services comparable to the benefits package provided 
18
        to district employees who perform those services;
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            (C)  a list of the number of employees who will 
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        provide the non-instructional services, the job 
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        classifications of those employees, and the wages the 
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        third party will pay those employees;
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            (D)  a minimum 3-year cost projection, using 
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        generally accepted accounting principles and which the 
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        third party is prohibited from increasing if the bid is 
26
        accepted by the board, for each and every expenditure 
 


 






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        category and account for performing the 
2
        non-instructional services;
3
            (E) composite  information about the criminal and 
4
        disciplinary records, including alcohol or other 
5
        substance abuse, Department of Children and Family 
6
        Services complaints and investigations, traffic 
7
        violations, and license revocations or any other 
8
        licensure problems, of any employees who may perform 
9
        the non-instructional services, provided that the 
10
        individual names and other identifying information of 
11
        employees need not be provided with the submission of 
12
        the bid, but must be made available upon request of the 
13
        board; and

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            (F)  an affidavit, notarized by the president or 
15
        chief executive officer of the third party, that a 
16
        criminal history records check has been completed for 
17
        each of its employees within 3 months prior to 
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        submission of the bid, provided that the results of 
19
        such checks need not be provided with the submission of 
20
        the bid, but must be made available upon request of the 
21
        board;

22
        (4)  a contract must not be entered into unless the 
23
    board performs a cost comparison, using generally accepted 
24
    accounting principles, of each and every expenditure 
25
    category and account that the board projects it would incur 
26
    over the term of the contract if it continued to perform 
 


 






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


 






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    to the contract to qualified district employees whose 
2
    employment is terminated because of the contract; and
3
        (8)  a contract shall contain provisions requiring the 
4
    contractor to comply with a policy of nondiscrimination and 
5
    equal employment opportunity for all persons and to take 
6
    affirmative steps to provide equal opportunity for all 
7
    persons.
8
    (b)  Notwithstanding subsection (a) of this Section, the 
9
board may enter into a contract, of no longer than 3 months in 
10
duration, with a third party for non-instructional services 
11
currently performed by an employee or bargaining unit member 
12
for the purpose of augmenting the current workforce in an 
13
emergency situation that threatens the safety or health of the 
14
district's students or staff, provided that the board meets all 
15
of its obligations under the Illinois Educational Labor 
16
Relations Act.

17
    (c)  This Section is not applicable to non-instructional 
18
services of the district that on the effective date of this 
19
amendatory Act of the 95th General Assembly are performed for 
20
the district by a third party.


 
21
    Section 90. The State Mandates Act is amended by adding 
22
Section 8.32 as follows:
 
23
    (30 ILCS 805/8.32 new)
24
    Sec. 8.32. Exempt mandate. Notwithstanding Sections 6 and 8 
 


 






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of this Act, no reimbursement by the State is required for the 
2
implementation of any mandate created by this amendatory Act of 
3
the 95th General Assembly.
 
4
    Section 99. Effective date. This Act takes effect upon 
5
becoming law.".