Full Text of HB1261 100th General Assembly
HB1261ham001 100TH GENERAL ASSEMBLY | Rep. William Davis Filed: 5/29/2017
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| 1 | | AMENDMENT TO HOUSE BILL 1261
| 2 | | AMENDMENT NO. ______. Amend House Bill 1261 by replacing | 3 | | everything after the enacting clause as follows:
| 4 | | "Section 5. The School Code is amended by changing Sections | 5 | | 10-22.34c and 22-62 as follows:
| 6 | | (105 ILCS 5/10-22.34c)
| 7 | | Sec. 10-22.34c. Third party non-instructional services. | 8 | | (a) A
board of education 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 |
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| 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 in scope and | 7 | | amount equivalent to the liability insurance provided | 8 | | by the school board pursuant to Section 10-22.3 of this | 9 | | Code;
| 10 | | (B) (blank); a benefits package for the third | 11 | | party's employees who will perform the | 12 | | non-instructional services comparable to the benefits | 13 | | package provided to school board employees who perform | 14 | | 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 school board, for each and every | 23 | | expenditure category and account for performing the | 24 | | non-instructional services; if the bid is accepted, | 25 | | the school board shall file a copy of the cost | 26 | | projection submitted with the bid to the State Board of |
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| 1 | | Education; | 2 | | (E) composite information about the criminal and | 3 | | disciplinary records, including alcohol or other | 4 | | substance abuse, Department of Children and Family | 5 | | Services complaints and investigations, traffic | 6 | | violations, and license revocations or any other | 7 | | licensure problems, of any employees who may perform | 8 | | the non-instructional services, provided that the | 9 | | individual names and other identifying information of | 10 | | employees need not be provided with the submission of | 11 | | the bid, but must be made available upon request of the | 12 | | school board; and
| 13 | | (F) an affidavit, notarized by the president or | 14 | | chief executive officer of the third party, that each | 15 | | of its employees has completed a criminal background | 16 | | check as required by Section 10-21.9 of this Code | 17 | | within 3 months prior to submission of the bid, | 18 | | provided that the results of such background checks | 19 | | need not be provided with the submission of the bid, | 20 | | but must be made available upon request of the school | 21 | | board;
| 22 | | (4) a contract must not be entered into unless the | 23 | | school board provides a cost comparison, using generally | 24 | | accepted accounting principles, of each and every | 25 | | expenditure category and account that the school board | 26 | | projects it would incur over the term of the contract if it |
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| 1 | | continued to perform the non-instructional services using | 2 | | its own employees with each and every expenditure category | 3 | | and account that is projected a third party would incur if | 4 | | a third 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 school | 8 | | board meeting, unless the exclusive bargaining | 9 | | representative of the employees who perform the | 10 | | non-instructional services, if any such exclusive | 11 | | bargaining representative exists, agrees in writing that | 12 | | such review and consideration can take place in open | 13 | | session at a specially scheduled school board meeting; | 14 | | (6) a minimum of one public hearing, conducted by the | 15 | | school board prior to a regularly scheduled school board | 16 | | meeting, to discuss the school board's proposal to contract | 17 | | with a third party to perform the non-instructional | 18 | | services must be held before the school board may enter | 19 | | into such a contract; the school board must provide notice | 20 | | to the public of the date, time, and location of the first | 21 | | public hearing on or before the initial date that bids to | 22 | | provide the non-instructional services are solicited or a | 23 | | minimum of 30 days prior to entering into such a contract, | 24 | | whichever provides a greater period of notice; | 25 | | (7) a contract shall contain provisions requiring the | 26 | | contractor to offer available employee positions pursuant |
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| 1 | | to the contract to qualified school district employees | 2 | | whose 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, a board | 9 | | of education may enter into a contract, of no longer than 3 | 10 | | months in duration, with a third party for non-instructional | 11 | | services currently performed by an employee or bargaining unit | 12 | | member for the purpose of augmenting the current workforce in | 13 | | an emergency situation that threatens the safety or health of | 14 | | the school district's students or staff, provided that the | 15 | | school board meets all of its obligations under the Illinois | 16 | | Educational Labor Relations Act.
| 17 | | (c) The changes to this Section made by this amendatory Act | 18 | | of the 95th General Assembly are not applicable to | 19 | | non-instructional services of a school district that on the | 20 | | effective date of this amendatory Act of the 95th General | 21 | | Assembly are performed for the school district by a third | 22 | | party.
| 23 | | (d) Beginning July 1, 2022, the State Board of Education | 24 | | shall review and analyze the cost projection information | 25 | | provided by boards of education under subparagraph (D) of | 26 | | paragraph (3) of subsection (a) of this Section and determine |
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| 1 | | the effects that the contracts had on school districts and the | 2 | | State, including any cost savings and economic benefits. The | 3 | | State Board of Education shall complete the review and report | 4 | | its findings to the Governor and the General Assembly by | 5 | | December 31, 2022. | 6 | | From July 1, 2022 until January 1, 2023, no board of | 7 | | education may enter into any new contract with a third party | 8 | | for non-instructional services under this Section. However, | 9 | | this prohibition shall not affect any contracts entered into | 10 | | before July 1, 2022 or renewals of contracts entered into | 11 | | before July 1, 2022. | 12 | | Beginning January 1, 2023, boards of education are again | 13 | | allowed to enter into contracts with third parties for | 14 | | non-instructional services as provided under this Section. | 15 | | (Source: P.A. 95-241, eff. 8-17-07; 96-328, eff. 8-11-09.)
| 16 | | (105 ILCS 5/22-62 new) | 17 | | Sec. 22-62. Discharge of unfunded mandates. | 18 | | (a) School districts need not comply with and may discharge | 19 | | any mandate or requirement placed on school districts by this | 20 | | Code or by administrative rules adopted by the State Board of | 21 | | Education that is unfunded. | 22 | | (b) Subsection (a) of this Section does not apply to any of | 23 | | the following: | 24 | | (1) Laws and rules pertaining to student health, life, | 25 | | or safety. |
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| 1 | | (2) Federally required mandates, including without | 2 | | limitation compliance with the federal Every Student | 3 | | Succeeds Act. | 4 | | (3) Laws and rules pertaining to civil rights and | 5 | | protections. | 6 | | (c) Before a school district may lawfully discharge an | 7 | | unfunded mandate under subsection (a) of this Section, it must | 8 | | hold a public hearing and referendum on the matter. The school | 9 | | district must post information that sets forth the time, date, | 10 | | place, and general subject matter of the public hearing on its | 11 | | Internet website at least 14 days prior to the hearing. The | 12 | | school district must publish a notice of the public hearing at | 13 | | least 7 days prior to the hearing in a newspaper of general | 14 | | circulation within the school district that sets forth the | 15 | | time, date, place, and general subject matter of the hearing. | 16 | | The school district must notify, in writing, the affected | 17 | | exclusive collective bargaining agent and those State | 18 | | legislators representing the affected territory of its intent | 19 | | to discharge an unfunded mandate and of the hearing to be held | 20 | | to take testimony from staff. The affected exclusive collective | 21 | | bargaining agent must be notified of the public hearing at | 22 | | least 7 days prior to the date of the hearing and must be | 23 | | allowed to attend the hearing. The school district shall attest | 24 | | to compliance with the requirements of this subsection (c). | 25 | | After the public hearing, the question of whether a school | 26 | | district may discharge an unfunded mandate must be submitted to |
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| 1 | | the electors of the school district at a regular election and | 2 | | approved by a majority of the electors voting on the question. | 3 | | The school board must certify the question to the proper | 4 | | election authority. The election authority must submit the
| 5 | | question at an election in accordance with the Election Code, | 6 | | which election must be at least 6 months after the public | 7 | | hearing was held. The election authority must submit the | 8 | | question in
substantially the following form: | 9 | | Shall the school board of (name of school district) | 10 | | discharge the unfunded mandate or requirement placed on the | 11 | | school district by the State concerning (description of the | 12 | | mandate or requirement)? | 13 | | The election authority must record the votes as "Yes" or "No". | 14 | | If a majority of the electors voting on the question vote | 15 | | in the affirmative, the school board may discharge the unfunded | 16 | | mandate. | 17 | | (d) A school board shall report each unfunded mandate it | 18 | | has discharged under this Section to the State Board of | 19 | | Education. The State Board shall compile and report this | 20 | | information to the General Assembly each year. | 21 | | (105 ILCS 5/22-60 rep.) | 22 | | Section 10. The School Code is amended by repealing Section | 23 | | 22-60. |
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| 1 | | Section 99. Effective date. This Act takes effect upon | 2 | | becoming law, but this Act does not take effect at all unless | 3 | | Senate Bill 1 of this 100th General Assembly becomes law.".
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