Full Text of SB2310 101st General Assembly
SB2310sam001 101ST GENERAL ASSEMBLY | Sen. Laura M. Murphy Filed: 2/21/2020
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| 1 | | AMENDMENT TO SENATE BILL 2310
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2310 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Government Severance Pay Act is amended by | 5 | | changing Sections 5 and 10 as follows: | 6 | | (5 ILCS 415/5)
| 7 | | Sec. 5. Definitions. As used in this Act:
| 8 | | "Department" means any branch, department, college, or | 9 | | school of a university established by the board of trustees of | 10 | | the university. | 11 | | "Misconduct" includes, but is not limited to, the | 12 | | following:
| 13 | | (1) Conduct demonstrating conscious disregard of an | 14 | | employer's interests and found to be a deliberate violation | 15 | | or disregard of the reasonable standards of behavior which | 16 | | the employer expects of his or her employee. Such conduct |
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| 1 | | may include, but is not limited to, willful damage to an | 2 | | employer's property that results in damage of more than | 3 | | $50, or theft of employer property or property of a | 4 | | customer or invitee of the employer.
| 5 | | (2) Carelessness or negligence to a degree or | 6 | | recurrence that manifests culpability or wrongful intent, | 7 | | or shows an intentional and substantial disregard of the | 8 | | employer's interests or of the employee's duties and | 9 | | obligations to his or her employer.
| 10 | | (3) Chronic absenteeism or tardiness in deliberate | 11 | | violation of a known policy of the employer or one or more | 12 | | unapproved absences following a written reprimand or | 13 | | warning relating to more than one unapproved absence.
| 14 | | (4) A willful and deliberate violation of a standard or | 15 | | regulation of this State by an employee of an employer | 16 | | licensed or certified by this State, which violation would | 17 | | cause the employer to be sanctioned or have its license or | 18 | | certification suspended by this State.
| 19 | | (5) A violation of an employer's rule, unless the | 20 | | claimant can demonstrate that:
| 21 | | (A) he or she did not know, and could not | 22 | | reasonably know, of the rule's requirements;
| 23 | | (B) the rule is not lawful or not reasonably | 24 | | related to the job environment and performance; or
| 25 | | (C) the rule is not fairly or consistently | 26 | | enforced.
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| 1 | | (6) Other conduct, including, but not limited to, | 2 | | committing criminal assault or battery on another | 3 | | employee, or on a customer or invitee of the employer, or | 4 | | committing abuse or neglect of a patient, resident, | 5 | | disabled person, elderly person, or child in her or his | 6 | | professional care.
| 7 | | "Severance pay" means the actual or constructive | 8 | | compensation, including salary, benefits, or perquisites, for | 9 | | employment services yet to be rendered which is provided to an | 10 | | employee who has recently been or is about to be terminated , or | 11 | | a university president or chancellor who is transitioning to a | 12 | | new position within the university for which he or she is | 13 | | employed, excluding interim presidents and interim | 14 | | chancellors .
| 15 | | "Unit of government" means and includes all boards, | 16 | | commissions, agencies, institutions, authorities, and bodies | 17 | | politic and corporate of the State, created by or in accordance | 18 | | with the constitution or statute, of the executive branch of | 19 | | State government and does include colleges, universities, and | 20 | | institutions under the jurisdiction of the governing boards of | 21 | | the University of Illinois, Southern Illinois University, | 22 | | Illinois State University, Eastern Illinois University, | 23 | | Northern Illinois University, Western Illinois University, | 24 | | Chicago State University, Governors State University, | 25 | | Northeastern Illinois University, and the Board of Higher | 26 | | Education. "Unit of government" also includes units of local |
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| 1 | | government, school districts, and community colleges under the | 2 | | Public Community College Act.
| 3 | | (Source: P.A. 100-895, eff. 1-1-19 .) | 4 | | (5 ILCS 415/10)
| 5 | | Sec. 10. Severance pay.
| 6 | | (a) A unit of government that enters into a contract or | 7 | | employment agreement, or renewal or renegotiation of an | 8 | | existing contract or employment agreement, that contains a | 9 | | provision for severance pay with an officer, agent, employee, | 10 | | or contractor must include the following provisions in the | 11 | | contract:
| 12 | | (1) a requirement that severance pay provided may not | 13 | | exceed an amount greater than 20 weeks of compensation; and
| 14 | | (2) a prohibition of provision of severance pay when | 15 | | the officer, agent, employee, or contractor has been fired | 16 | | for misconduct by the unit of government ; and . | 17 | | (3) a requirement that if a provision to transition | 18 | | into a different position is included in a university | 19 | | president's or chancellor's contract, then the contract | 20 | | must include which department he or she will transition | 21 | | into, and a provision that compensation shall not exceed | 22 | | the annual compensation of the highest paid employee in the | 23 | | department, and that the annual salary shall be | 24 | | commensurate with his or her assigned duties and rank as | 25 | | determined by the Dean of the College, and with the |
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| 1 | | approval of the interim or acting president and the board | 2 | | of trustees.
| 3 | | (b) Nothing in this Section creates an entitlement to | 4 | | severance pay in the absence of its contractual authorization | 5 | | or as otherwise authorized by law.
| 6 | | (c) Notwithstanding any other provision to the contrary, | 7 | | this Act shall not apply to contracts or employment agreements | 8 | | for individuals employed by the department of intercollegiate | 9 | | athletics of a college or university when the employee's | 10 | | compensation is funded by non-State-appropriated funds, such | 11 | | as revenues generated by athletic events or activities, gifts | 12 | | or donations, or any combination thereof. Nothing in this | 13 | | Section entitles an individual employed by the department of | 14 | | intercollegiate athletics of a college or university to receive | 15 | | severance pay when that individual has been dismissed for | 16 | | misconduct. | 17 | | (Source: P.A. 100-895, eff. 1-1-19; 101-195, eff. 8-2-19.) | 18 | | Section 10. The Board of Higher Education Act is amended by | 19 | | changing Section 13 as follows: | 20 | | (110 ILCS 205/13) | 21 | | Sec. 13. Leadership training for university board members. | 22 | | (a) The Board shall require every voting member of the | 23 | | governing board of a public university appointed for a term | 24 | | beginning after January 1, 2016 to complete a minimum of 4 |
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| 1 | | hours of professional development leadership training covering | 2 | | topics that shall include, but are not limited to, public | 3 | | university and labor law, contract law, ethics, sexual violence | 4 | | on campus, financial oversight and accountability, audits, and | 5 | | fiduciary responsibilities of a member of a governing board | 6 | | within 2 years after beginning service and within every 2 years | 7 | | of service thereafter. | 8 | | (b) A public university shall maintain on its Internet | 9 | | website the names of all voting members of the governing board | 10 | | who have successfully completed the training. | 11 | | (b-5) Beginning July 1, 2021, the Board shall create and | 12 | | maintain on its Internet website an online trustee resource | 13 | | center that shall, at a minimum, do all of the following: | 14 | | (1) provide updates on all statutes relevant to the | 15 | | work of the governing boards of universities; | 16 | | (2) include all of the documents and resources provided | 17 | | to trustees during the professional development leadership | 18 | | training course; and | 19 | | (3) provide an online portal for trustees to submit | 20 | | questions and receive answers from the Board. | 21 | | (c) Beginning after the effective date of this amendatory | 22 | | Act of the 99th General Assembly, by July 31 of each year, the | 23 | | chairperson of each governing board shall certify to the Board | 24 | | the number of hours of training that each member received | 25 | | during the preceding fiscal year. | 26 | | (d) If the certification indicates that a board member has |
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| 1 | | not completed the training required under this Section, the | 2 | | Board shall send a notice to the Governor, the President of the | 3 | | Senate, the Minority Leader of the Senate, the Speaker of the | 4 | | House of Representatives, and the Minority Leader of the House | 5 | | of Representatives of that fact, and the governing board shall | 6 | | suspend the board member from continued service, at which | 7 | | point, the board member has 45 days to complete all training | 8 | | deemed incomplete as provided by the certification. Failure of | 9 | | the board member to complete the necessary training within this | 10 | | probationary period constitutes a resignation from and creates | 11 | | a vacancy in the governing board, to be filled as provided by | 12 | | law. | 13 | | (e) The training under this Section may be provided by the | 14 | | Board or by other qualified providers approved by the Board.
| 15 | | (Source: P.A. 99-695, eff. 1-1-17 .)
| 16 | | Section 99. Effective date. This Act takes effect upon | 17 | | becoming law.".
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