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
3everything after the enacting clause with the following:
 
4    "Section 5. The Government Severance Pay Act is amended by
5changing 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
9school of a university established by the board of trustees of
10the university.
11    "Misconduct" includes, but is not limited to, the
12following:
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
8compensation, including salary, benefits, or perquisites, for
9employment services yet to be rendered which is provided to an
10employee who has recently been or is about to be terminated, or
11a university president or chancellor who is transitioning to a
12new position within the university for which he or she is
13employed, excluding interim presidents and interim
14chancellors.
15    "Unit of government" means and includes all boards,
16commissions, agencies, institutions, authorities, and bodies
17politic and corporate of the State, created by or in accordance
18with the constitution or statute, of the executive branch of
19State government and does include colleges, universities, and
20institutions under the jurisdiction of the governing boards of
21the University of Illinois, Southern Illinois University,
22Illinois State University, Eastern Illinois University,
23Northern Illinois University, Western Illinois University,
24Chicago State University, Governors State University,
25Northeastern Illinois University, and the Board of Higher
26Education. "Unit of government" also includes units of local

 

 

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1government, school districts, and community colleges under the
2Public 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
7employment agreement, or renewal or renegotiation of an
8existing contract or employment agreement, that contains a
9provision for severance pay with an officer, agent, employee,
10or contractor must include the following provisions in the
11contract:
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
4severance pay in the absence of its contractual authorization
5or as otherwise authorized by law.
6    (c) Notwithstanding any other provision to the contrary,
7this Act shall not apply to contracts or employment agreements
8for individuals employed by the department of intercollegiate
9athletics of a college or university when the employee's
10compensation is funded by non-State-appropriated funds, such
11as revenues generated by athletic events or activities, gifts
12or donations, or any combination thereof. Nothing in this
13Section entitles an individual employed by the department of
14intercollegiate athletics of a college or university to receive
15severance pay when that individual has been dismissed for
16misconduct.
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
19changing 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
23governing board of a public university appointed for a term
24beginning after January 1, 2016 to complete a minimum of 4

 

 

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1hours of professional development leadership training covering
2topics that shall include, but are not limited to, public
3university and labor law, contract law, ethics, sexual violence
4on campus, financial oversight and accountability, audits, and
5fiduciary responsibilities of a member of a governing board
6within 2 years after beginning service and within every 2 years
7of service thereafter.
8    (b) A public university shall maintain on its Internet
9website the names of all voting members of the governing board
10who have successfully completed the training.
11    (b-5) Beginning July 1, 2021, the Board shall create and
12maintain on its Internet website an online trustee resource
13center 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
22Act of the 99th General Assembly, by July 31 of each year, the
23chairperson of each governing board shall certify to the Board
24the number of hours of training that each member received
25during the preceding fiscal year.
26    (d) If the certification indicates that a board member has

 

 

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1not completed the training required under this Section, the
2Board shall send a notice to the Governor, the President of the
3Senate, the Minority Leader of the Senate, the Speaker of the
4House of Representatives, and the Minority Leader of the House
5of Representatives of that fact, and the governing board shall
6suspend the board member from continued service, at which
7point, the board member has 45 days to complete all training
8deemed incomplete as provided by the certification. Failure of
9the board member to complete the necessary training within this
10probationary period constitutes a resignation from and creates
11a vacancy in the governing board, to be filled as provided by
12law.
13    (e) The training under this Section may be provided by the
14Board 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
17becoming law.".