SB3673 102ND GENERAL ASSEMBLY

LRB102 24213 RJF 33442 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB3673

Introduced 1/21/2022, by Sen. Chapin Rose

SYNOPSIS AS INTRODUCED:

20 ILCS 5/5-735 new
110 ILCS 305/90
110 ILCS 520/75
110 ILCS 660/5-185
110 ILCS 665/10-185
110 ILCS 670/15-185
110 ILCS 675/20-190
110 ILCS 680/25-185
110 ILCS 685/30-195
110 ILCS 690/35-190
110 ILCS 805/3-70

Amends the Departments of State Government Law of the Civil Administrative Code of Illinois. Requires each director of a department of State government to make his or her employment contract available to the public on the department's Internet website, including all addenda or any other documents that change an initial contract. Amends various Acts relating to the governance of public universities and community colleges in Illinois. Requires the governing board of each public university and community college district to make available to the public, on the institution's Internet website, the employment contract of the president and each chancellor of any campus of any university, including all addenda or any other documents that change an initial contract.

A BILL FOR

AN ACT concerning State government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Civil Administrative Code of Illinois is amended by adding Section 5-735 as follows:

(20 ILCS 5/5-735 new)

Sec. 5-735. Director employment contracts. Each director of a department of State government as provided under this Law shall make available to the public, on the department's Internet website, his or her employment contract, whether entered into, amended, renewed, or extended before, on, or after the effective date of this amendatory Act of the 102nd General Assembly, including all addenda or any other documents that change an initial contract for the director.

Section 10. The University of Illinois Act is amended by changing Section 90 as follows:

(110 ILCS 305/90)

Sec. 90. Employment contract; president and chancellors limitations.

(a) The Board of Trustees shall make available to the public, on the University's Internet website, the employment contract, whether entered into, amended, renewed, or extended before, on, or after the effective date of this amendatory Act of the 102nd General Assembly, including all addenda or any other documents that change an initial contract for the University president and each chancellor of any campus of the University.

(b) This subsection (b) Section applies to the employment contracts of the president or all chancellors of the University entered into, amended, renewed, or extended after the effective date of this amendatory Act of the 99th General Assembly. This subsection (b) Section does not apply to collective bargaining agreements. With respect to employment contracts entered into with the president or all chancellors of the University:

(1) Severance under the contract may not exceed one year salary and applicable benefits.

(2) A contract with a determinate start and end date may not exceed 4 years.

(3) The contract may not include any automatic rollover clauses.

(4) Severance payments or contract buyouts may be placed in an escrow account if there are pending criminal charges against the president or all chancellors of the University related to their employment.

(5) Final action on the formation, renewal, extension, or termination of the employment contracts of the president or all chancellors of the University must be made during an open meeting of the Board of Trustees.

(6) Public notice, compliant with the provisions of the Open Meetings Act, must be given prior to final action on the formation, renewal, extension, or termination of the employment contracts of the president or all chancellors of the University and must include a copy of the Board item or other documentation providing, at a minimum, a description of the proposed principal financial components of the president's or all chancellors' appointments.

(7) Any performance-based bonus or incentive-based compensation to the president or all chancellors of the University must be approved by the Board in an open meeting. The performance upon which the bonus is based must be made available to the public no less than 48 hours before Board approval of the performance-based bonus or incentive-based compensation.

(8) Board minutes, board packets, and annual performance reviews concerning the president or all chancellors of the University must be made available to the public on the University's Internet website.

(Source: P.A. 99-694, eff. 1-1-17.)

Section 15. The Southern Illinois University Management Act is amended by changing Section 75 as follows:

(110 ILCS 520/75)

Sec. 75. Employment contract; president and chancellors limitations.

(a) The Board shall make available to the public, on the University's Internet website, the employment contract, whether entered into, amended, renewed, or extended before, on, or after the effective date of this amendatory Act of the 102nd General Assembly, including all addenda or any other documents that change an initial contract for the University president and each chancellor of any campus of the University.

(b) This subsection (b) Section applies to the employment contracts of the president or all chancellors of the University entered into, amended, renewed, or extended after the effective date of this amendatory Act of the 99th General Assembly. This subsection (b) Section does not apply to collective bargaining agreements. With respect to employment contracts entered into with the president or all chancellors of the University:

(1) Severance under the contract may not exceed one year salary and applicable benefits.

(2) A contract with a determinate start and end date may not exceed 4 years.

(3) The contract may not include any automatic rollover clauses.

(4) Severance payments or contract buyouts may be placed in an escrow account if there are pending criminal charges against the president or all chancellors of the University related to their employment.

(5) Final action on the formation, renewal, extension, or termination of the employment contracts of the president or all chancellors of the University must be made during an open meeting of the Board.

(6) Public notice, compliant with the provisions of the Open Meetings Act, must be given prior to final action on the formation, renewal, extension, or termination of the employment contracts of the president or all chancellors of the University and must include a copy of the Board item or other documentation providing, at a minimum, a description of the proposed principal financial components of the president's or all chancellors' appointments.

(7) Any performance-based bonus or incentive-based compensation to the president or all chancellors of the University must be approved by the Board in an open meeting. The performance upon which the bonus is based must be made available to the public no less than 48 hours before Board approval of the performance-based bonus or incentive-based compensation.

(8) Board minutes, board packets, and annual performance reviews concerning the president or all chancellors of the University must be made available to the public on the University's Internet website.

(Source: P.A. 99-694, eff. 1-1-17.)

Section 20. The Chicago State University Law is amended by changing Section 5-185 as follows:

(110 ILCS 660/5-185)

Sec. 5-185. Employment contract; president and chancellors limitations.

(a) The Board shall make available to the public, on the University's Internet website, the employment contract, whether entered into, amended, renewed, or extended before, on, or after the effective date of this amendatory Act of the 102nd General Assembly, including all addenda or any other documents that change an initial contract for the University president and each chancellor of any campus of the University.

(b) This subsection (b) Section applies to the employment contracts of the president or all chancellors of the University entered into, amended, renewed, or extended after the effective date of this amendatory Act of the 99th General Assembly. This subsection (b) Section does not apply to collective bargaining agreements. With respect to employment contracts entered into with the president or all chancellors of the University:

(1) Severance under the contract may not exceed one year salary and applicable benefits.

(2) A contract with a determinate start and end date may not exceed 4 years.

(3) The contract may not include any automatic rollover clauses.

(4) Severance payments or contract buyouts may be placed in an escrow account if there are pending criminal charges against the president or all chancellors of the University related to their employment.

(5) Final action on the formation, renewal, extension, or termination of the employment contracts of the president or all chancellors of the University must be made during an open meeting of the Board.

(6) Public notice, compliant with the provisions of the Open Meetings Act, must be given prior to final action on the formation, renewal, extension, or termination of the employment contracts of the president or all chancellors of the University and must include a copy of the Board item or other documentation providing, at a minimum, a description of the proposed principal financial components of the president's or all chancellors' appointments.

(7) Any performance-based bonus or incentive-based compensation to the president or all chancellors of the University must be approved by the Board in an open meeting. The performance upon which the bonus is based must be made available to the public no less than 48 hours before Board approval of the performance-based bonus or incentive-based compensation.

(8) Board minutes, board packets, and annual performance reviews concerning the president or all chancellors of the University must be made available to the public on the University's Internet website.

(Source: P.A. 99-694, eff. 1-1-17.)

Section 25. The Eastern Illinois University Law is amended by changing Section 10-185 as follows:

(110 ILCS 665/10-185)

Sec. 10-185. Employment contract; president and chancellors limitations.

(a) The Board shall make available to the public, on the University's Internet website, the employment contract, whether entered into, amended, renewed, or extended before, on, or after the effective date of this amendatory Act of the 102nd General Assembly, including all addenda or any other documents that change an initial contract for the University president and each chancellor of any campus of the University.

(b) This subsection (b) Section applies to the employment contracts of the president or all chancellors of the University entered into, amended, renewed, or extended after the effective date of this amendatory Act of the 99th General Assembly. This subsection (b) Section does not apply to collective bargaining agreements. With respect to employment contracts entered into with the president or all chancellors of the University:

(1) Severance under the contract may not exceed one year salary and applicable benefits.

(2) A contract with a determinate start and end date may not exceed 4 years.

(3) The contract may not include any automatic rollover clauses.

(4) Severance payments or contract buyouts may be placed in an escrow account if there are pending criminal charges against the president or all chancellors of the University related to their employment.

(5) Final action on the formation, renewal, extension, or termination of the employment contracts of the president or all chancellors of the University must be made during an open meeting of the Board.

(6) Public notice, compliant with the provisions of the Open Meetings Act, must be given prior to final action on the formation, renewal, extension, or termination of the employment contracts of the president or all chancellors of the University and must include a copy of the Board item or other documentation providing, at a minimum, a description of the proposed principal financial components of the president's or all chancellors' appointments.

(7) Any performance-based bonus or incentive-based compensation to the president or all chancellors of the University must be approved by the Board in an open meeting. The performance upon which the bonus is based must be made available to the public no less than 48 hours before Board approval of the performance-based bonus or incentive-based compensation.

(8) Board minutes, board packets, and annual performance reviews concerning the president or all chancellors of the University must be made available to the public on the University's Internet website.

(Source: P.A. 99-694, eff. 1-1-17.)

Section 30. The Governors State University Law is amended by changing Section 15-185 as follows:

(110 ILCS 670/15-185)

Sec. 15-185. Employment contract; president and chancellors limitations.

(a) The Board shall make available to the public, on the University's Internet website, the employment contract, whether entered into, amended, renewed, or extended before, on, or after the effective date of this amendatory Act of the 102nd General Assembly, including all addenda or any other documents that change an initial contract for the University president and each chancellor of any campus of the University.

(b) This subsection (b) Section applies to the employment contracts of the president or all chancellors of the University entered into, amended, renewed, or extended after the effective date of this amendatory Act of the 99th General Assembly. This subsection (b) Section does not apply to collective bargaining agreements. With respect to employment contracts entered into with the president or all chancellors of the University:

(1) Severance under the contract may not exceed one year salary and applicable benefits.

(2) A contract with a determinate start and end date may not exceed 4 years.

(3) The contract may not include any automatic rollover clauses.

(4) Severance payments or contract buyouts may be placed in an escrow account if there are pending criminal charges against the president or all chancellors of the University related to their employment.

(5) Final action on the formation, renewal, extension, or termination of the employment contracts of the president or all chancellors of the University must be made during an open meeting of the Board.

(6) Public notice, compliant with the provisions of the Open Meetings Act, must be given prior to final action on the formation, renewal, extension, or termination of the employment contracts of the president or all chancellors of the University and must include a copy of the Board item or other documentation providing, at a minimum, a description of the proposed principal financial components of the president's or all chancellors' appointments.

(7) Any performance-based bonus or incentive-based compensation to the president or all chancellors of the University must be approved by the Board in an open meeting. The performance upon which the bonus is based must be made available to the public no less than 48 hours before Board approval of the performance-based bonus or incentive-based compensation.

(8) Board minutes, board packets, and annual performance reviews concerning the president or all chancellors of the University must be made available to the public on the University's Internet website.

(Source: P.A. 99-694, eff. 1-1-17.)

Section 35. The Illinois State University Law is amended by changing Section 20-190 as follows:

(110 ILCS 675/20-190)

Sec. 20-190. Employment contract; president and chancellors limitations.

(a) The Board shall make available to the public, on the University's Internet website, the employment contract, whether entered into, amended, renewed, or extended before, on, or after the effective date of this amendatory Act of the 102nd General Assembly, including all addenda or any other documents that change an initial contract for the University president and each chancellor of any campus of the University.

(b) This subsection (b) Section applies to the employment contracts of the president or all chancellors of the University entered into, amended, renewed, or extended after the effective date of this amendatory Act of the 99th General Assembly. This subsection (b) Section does not apply to collective bargaining agreements. With respect to employment contracts entered into with the president or all chancellors of the University:

(1) Severance under the contract may not exceed one year salary and applicable benefits.

(2) A contract with a determinate start and end date may not exceed 4 years.

(3) The contract may not include any automatic rollover clauses.

(4) Severance payments or contract buyouts may be placed in an escrow account if there are pending criminal charges against the president or all chancellors of the University related to their employment.

(5) Final action on the formation, renewal, extension, or termination of the employment contracts of the president or all chancellors of the University must be made during an open meeting of the Board.

(6) Public notice, compliant with the provisions of the Open Meetings Act, must be given prior to final action on the formation, renewal, extension, or termination of the employment contracts of the president or all chancellors of the University and must include a copy of the Board item or other documentation providing, at a minimum, a description of the proposed principal financial components of the president's or all chancellors' appointments.

(7) Any performance-based bonus or incentive-based compensation to the president or all chancellors of the University must be approved by the Board in an open meeting. The performance upon which the bonus is based must be made available to the public no less than 48 hours before Board approval of the performance-based bonus or incentive-based compensation.

(8) Board minutes, board packets, and annual performance reviews concerning the president or all chancellors of the University must be made available to the public on the University's Internet website.

(Source: P.A. 99-694, eff. 1-1-17.)

Section 40. The Northeastern Illinois University Law is amended by changing Section 25-185 as follows:

(110 ILCS 680/25-185)

Sec. 25-185. Employment contract; president and chancellors limitations.

(a) The Board shall make available to the public, on the University's Internet website, the employment contract, whether entered into, amended, renewed, or extended before, on, or after the effective date of this amendatory Act of the 102nd General Assembly, including all addenda or any other documents that change an initial contract for the University president and each chancellor of any campus of the University.

(b) This subsection (b) Section applies to the employment contracts of the president or all chancellors of the University entered into, amended, renewed, or extended after the effective date of this amendatory Act of the 99th General Assembly. This subsection (b) Section does not apply to collective bargaining agreements. With respect to employment contracts entered into with the president or all chancellors of the University:

(1) Severance under the contract may not exceed one year salary and applicable benefits.

(2) A contract with a determinate start and end date may not exceed 4 years.

(3) The contract may not include any automatic rollover clauses.

(4) Severance payments or contract buyouts may be placed in an escrow account if there are pending criminal charges against the president or all chancellors of the University related to their employment.

(5) Final action on the formation, renewal, extension, or termination of the employment contracts of the president or all chancellors of the University must be made during an open meeting of the Board.

(6) Public notice, compliant with the provisions of the Open Meetings Act, must be given prior to final action on the formation, renewal, extension, or termination of the employment contracts of the president or all chancellors of the University and must include a copy of the Board item or other documentation providing, at a minimum, a description of the proposed principal financial components of the president's or all chancellors' appointments.

(7) Any performance-based bonus or incentive-based compensation to the president or all chancellors of the University must be approved by the Board in an open meeting. The performance upon which the bonus is based must be made available to the public no less than 48 hours before Board approval of the performance-based bonus or incentive-based compensation.

(8) Board minutes, board packets, and annual performance reviews concerning the president or all chancellors of the University must be made available to the public on the University's Internet website.

(Source: P.A. 99-694, eff. 1-1-17.)

Section 45. The Northern Illinois University Law is amended by changing Section 30-195 as follows:

(110 ILCS 685/30-195)

Sec. 30-195. Employment contract; president and chancellors limitations.

(a) The Board shall make available to the public, on the University's Internet website, the employment contract, whether entered into, amended, renewed, or extended before, on, or after the effective date of this amendatory Act of the 102nd General Assembly, including all addenda or any other documents that change an initial contract for the University president and each chancellor of any campus of the University.

(b) This subsection (b) Section applies to the employment contracts of the president or all chancellors of the University entered into, amended, renewed, or extended after the effective date of this amendatory Act of the 99th General Assembly. This subsection (b) Section does not apply to collective bargaining agreements. With respect to employment contracts entered into with the president or all chancellors of the University:

(1) Severance under the contract may not exceed one year salary and applicable benefits.

(2) A contract with a determinate start and end date may not exceed 4 years.

(3) The contract may not include any automatic rollover clauses.

(4) Severance payments or contract buyouts may be placed in an escrow account if there are pending criminal charges against the president or all chancellors of the University related to their employment.

(5) Final action on the formation, renewal, extension, or termination of the employment contracts of the president or all chancellors of the University must be made during an open meeting of the Board.

(6) Public notice, compliant with the provisions of the Open Meetings Act, must be given prior to final action on the formation, renewal, extension, or termination of the employment contracts of the president or all chancellors of the University and must include a copy of the Board item or other documentation providing, at a minimum, a description of the proposed principal financial components of the president's or all chancellors' appointments.

(7) Any performance-based bonus or incentive-based compensation to the president or all chancellors of the University must be approved by the Board in an open meeting. The performance upon which the bonus is based must be made available to the public no less than 48 hours before Board approval of the performance-based bonus or incentive-based compensation.

(8) Board minutes, board packets, and annual performance reviews concerning the president or all chancellors of the University must be made available to the public on the University's Internet website.

(Source: P.A. 99-694, eff. 1-1-17.)

Section 50. The Western Illinois University Law is amended by changing Section 35-190 as follows:

(110 ILCS 690/35-190)

Sec. 35-190. Employment contract; president and chancellors limitations.

(a) The Board shall make available to the public, on the University's Internet website, the employment contract, whether entered into, amended, renewed, or extended before, on, or after the effective date of this amendatory Act of the 102nd General Assembly, including all addenda or any other documents that change an initial contract for the University president and each chancellor of any campus of the University.

(b) This subsection (b) Section applies to the employment contracts of the president or all chancellors of the University entered into, amended, renewed, or extended after the effective date of this amendatory Act of the 99th General Assembly. This subsection (b) Section does not apply to collective bargaining agreements. With respect to employment contracts entered into with the president or all chancellors of the University:

(1) Severance under the contract may not exceed one year salary and applicable benefits.

(2) A contract with a determinate start and end date may not exceed 4 years.

(3) The contract may not include any automatic rollover clauses.

(4) Severance payments or contract buyouts may be placed in an escrow account if there are pending criminal charges against the president or all chancellors of the University related to their employment.

(5) Final action on the formation, renewal, extension, or termination of the employment contracts of the president or all chancellors of the University must be made during an open meeting of the Board.

(6) Public notice, compliant with the provisions of the Open Meetings Act, must be given prior to final action on the formation, renewal, extension, or termination of the employment contracts of the president or all chancellors of the University and must include a copy of the Board item or other documentation providing, at a minimum, a description of the proposed principal financial components of the president's or all chancellors' appointments.

(7) Any performance-based bonus or incentive-based compensation to the president or all chancellors of the University must be approved by the Board in an open meeting. The performance upon which the bonus is based must be made available to the public no less than 48 hours before Board approval of the performance-based bonus or incentive-based compensation.

(8) Board minutes, board packets, and annual performance reviews concerning the president or all chancellors of the University must be made available to the public on the University's Internet website.

(Source: P.A. 99-694, eff. 1-1-17.)

Section 55. The Public Community College Act is amended by changing Section 3-70 as follows:

(110 ILCS 805/3-70)

Sec. 3-70. Employment contract transparency.

(a) A board shall make available to the public, on the community college district's Internet website, the community college president's contract, whether entered into, amended, renewed, or extended before, on, or after the effective date of this amendatory Act of the 102nd General Assembly, including all addendums or any other documents that change an initial contract.

(b) This subsection (b) Section applies to the employment contracts of the president or all chancellors of the community college entered into, amended, renewed, or extended after the effective date of this amendatory Act of the 99th General Assembly. This subsection (b) Section does not apply to collective bargaining agreements. With respect to employment contracts entered into with the president or all chancellors of the community college:

(1) Severance payments or contract buyouts may be placed in an escrow account if there are pending criminal charges against the president or all chancellors of the community college related to their employment.

(2) Final action on the formation, renewal, extension, or termination of the employment contracts of the president or all chancellors of the community college must be made during an open meeting of the board.

(3) Public notice, compliant with the Open Meetings Act, must be given prior to final action on the formation, renewal, extension, or termination of the employment contracts of the president or all chancellors of the community college and must include a copy of the board item or other documentation providing, at a minimum, a description of the proposed principal financial components of the president's or any chancellor's appointment.

(4) Any performance-based bonus or incentive-based compensation to the president or all chancellors of the community college must be approved by the board in an open meeting. The performance criteria and goals upon which the bonus or incentive-based compensation is based must be made available to the public no less than 48 hours before board approval of the performance-based bonus or incentive-based compensation.

(5) Board minutes, board packets, and annual performance criteria and goals concerning the president or any chancellors must be made available to the public on the community college district's Internet website.

(Source: P.A. 99-694, eff. 1-1-17.)