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| Public Act 102-0378
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| SB2240 Enrolled | LRB102 17242 RJF 22708 b |
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AN ACT concerning government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Government Severance Pay Act is amended by |
changing Sections 5 and 10 as follows:
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(5 ILCS 415/5)
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Sec. 5. Definitions. As used in this Act:
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"Department" means any branch, department, college, or |
school of a university established by the board of trustees of |
the university. |
"Misconduct" includes, but is not limited to, the |
following:
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(1) Conduct demonstrating conscious disregard of an |
employer's interests and found to be a deliberate |
violation or disregard of the reasonable standards of |
behavior which the employer expects of his or her |
employee. Such conduct may include, but is not limited to, |
willful damage to an employer's property that results in |
damage of more than $50, or theft of employer property or |
property of a customer or invitee of the employer.
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(2) Carelessness or negligence to a degree or |
recurrence that manifests culpability or wrongful intent, |
or shows an intentional and substantial disregard of the |
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employer's interests or of the employee's duties and |
obligations to his or her employer.
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(3) Chronic absenteeism or tardiness in deliberate |
violation of a known policy of the employer or one or more |
unapproved absences following a written reprimand or |
warning relating to more than one unapproved absence.
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(4) A willful and deliberate violation of a standard |
or regulation of this State by an employee of an employer |
licensed or certified by this State, which violation would |
cause the employer to be sanctioned or have its license or |
certification suspended by this State.
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(5) A violation of an employer's rule, unless the |
claimant can demonstrate that:
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(A) he or she did not know, and could not |
reasonably know, of the rule's requirements;
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(B) the rule is not lawful or not reasonably |
related to the job environment and performance; or
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(C) the rule is not fairly or consistently |
enforced.
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(6) Other conduct, including, but not limited to, |
committing criminal assault or battery on another |
employee, or on a customer or invitee of the employer, or |
committing abuse or neglect of a patient, resident, |
disabled person, elderly person, or child in her or his |
professional care.
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"Severance pay" means the actual or constructive |
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compensation, including salary, benefits, or perquisites, for |
employment services yet to be rendered which is provided to an |
employee who has recently been or is about to be terminated, or |
a university president or chancellor who is transitioning to a |
new position within the university for which he or she is |
employed, excluding interim presidents and interim |
chancellors.
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"Unit of government" means and includes all boards, |
commissions, agencies, institutions, authorities, and bodies |
politic and corporate of the State, created by or in |
accordance with the constitution or statute, of the executive |
branch of State government and does include colleges, |
universities, and institutions under the jurisdiction of the |
governing boards of the University of Illinois, Southern |
Illinois University, Illinois State University, Eastern |
Illinois University, Northern Illinois University, Western |
Illinois University, Chicago State University, Governors State |
University, Northeastern Illinois University, and the Board of |
Higher Education. "Unit of government" also includes units of |
local government, school districts, and community colleges |
under the Public Community College Act.
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(Source: P.A. 100-895, eff. 1-1-19.)
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(5 ILCS 415/10)
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Sec. 10. Severance pay.
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(a) A unit of government that enters into a contract or |
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employment agreement, or renewal or renegotiation of an |
existing contract or employment agreement, that contains a |
provision for severance pay with an officer, agent, employee, |
or contractor must include the following provisions in the |
contract:
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(1) a requirement that severance pay provided may not |
exceed an amount greater than 20 weeks of compensation; |
and
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(2) a prohibition of provision of severance pay when |
the officer, agent, employee, or contractor has been fired |
for misconduct by the unit of government; and . |
(3) a requirement that if a provision to transition |
into a different position is included in a university |
president's or chancellor's contract, then the contract |
must include which department he or she will transition |
into, and a provision that compensation shall not exceed |
the annual compensation of the highest paid employee in |
the department, and that the annual salary shall be |
commensurate with his or her assigned duties and rank as |
determined by the Dean of the College, and with the |
approval of the interim or acting president and the board |
of trustees.
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(b) Nothing in this Section creates an entitlement to |
severance pay in the absence of its contractual authorization |
or as otherwise authorized by law.
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(c) Notwithstanding any other provision to the contrary, |
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this Act shall not apply to contracts or employment agreements |
for individuals employed by the department of intercollegiate |
athletics of a college or university when the employee's |
compensation is funded by non-State-appropriated funds, such |
as revenues generated by athletic events or activities, gifts |
or donations, or any combination thereof. Nothing in this |
Section entitles an individual employed by the department of |
intercollegiate athletics of a college or university to |
receive severance pay when that individual has been dismissed |
for misconduct. |
(Source: P.A. 100-895, eff. 1-1-19; 101-195, eff. 8-2-19.)
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Section 10. The Board of Higher Education Act is amended |
by changing Section 13 as follows:
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(110 ILCS 205/13) |
Sec. 13. Leadership training for university board members. |
(a) The Board shall require every voting member of the |
governing board of a public university appointed for a term |
beginning after January 1, 2016 to complete a minimum of 4 |
hours of professional development leadership training covering |
topics that shall include, but are not limited to, public |
university and labor law, contract law, ethics, sexual |
violence on campus, financial oversight and accountability, |
audits, and fiduciary responsibilities of a member of a |
governing board within 2 years after beginning service and |
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within every 2 years of service thereafter. |
(b) A public university shall maintain on its Internet |
website the names of all voting members of the governing board |
who have successfully completed the training. |
(b-5) Beginning July 1, 2022, the Board shall create and |
maintain on its Internet website an online trustee resource |
center that shall, at a minimum, do all of the following: |
(1) provide updates on all statutes relevant to the |
work of the governing boards of universities; |
(2) include all of the documents and resources |
provided to trustees during the professional development |
leadership training course; and |
(3) provide an online portal for trustees to submit |
questions and receive answers from the Board. |
(c) Beginning after the effective date of this amendatory |
Act of the 99th General Assembly, by July 31 of each year, the |
chairperson of each governing board shall certify to the Board |
the number of hours of training that each member received |
during the preceding fiscal year. |
(d) If the certification indicates that a board member has |
not completed the training required under this Section, the |
Board shall send a notice to the Governor, the President of the |
Senate, the Minority Leader of the Senate, the Speaker of the |
House of Representatives, and the Minority Leader of the House |
of Representatives of that fact, and the governing board shall |
suspend the board member from continued service, at which |
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point, the board member has 45 days to complete all training |
deemed incomplete as provided by the certification. Failure of |
the board member to complete the necessary training within |
this probationary period constitutes a resignation from and |
creates a vacancy in the governing board, to be filled as |
provided by law. |
(e) The training under this Section may be provided by the |
Board or by other qualified providers approved by the Board.
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(Source: P.A. 99-695, eff. 1-1-17.)
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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