Bill Text: IL SB2159 | 2015-2016 | 99th General Assembly | Chaptered

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Bill Title: Amends various Acts relating to the governance of public universities in Illinois and the Public Community College Act. Sets forth provisions governing employment contracts entered into, amended, renewed, or extended after the effective date of the amendatory Act, excluding collective bargaining agreements. Requires the governing board of a university or community college district to complete an annual performance review of the president and any chancellors of the higher education institution. Provides that such annual performance review must be considered when the board contemplates a bonus, raise, or severance agreement for the president or chancellor.

Spectrum: Slight Partisan Bill (Democrat 10-4)

Status: (Passed) 2016-07-29 - Public Act . . . . . . . . . 99-0694 [SB2159 Detail]

Download: Illinois-2015-SB2159-Chaptered.html

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Public Act 099-0694
SB2159 Enrolled LRB099 12932 NHT 36945 b
AN ACT concerning education.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The University of Illinois Act is amended by
adding Sections 90 and 95 as follows:
(110 ILCS 305/90 new)
Sec. 90. Employment contract limitations. This 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 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.
(110 ILCS 305/95 new)

Sec. 95. Executive accountability. The Board of Trustees
must complete an annual performance review of the president and
any chancellors of the University. Such annual performance
review must be considered when the Board contemplates a bonus,
incentive-based compensation, raise, or severance agreement
for the president or all chancellors of the University.
Section 10. The Southern Illinois University Management
Act is amended by adding Sections 75 and 80 as follows:
(110 ILCS 520/75 new)
Sec. 75. Employment contract limitations. This 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 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.

(110 ILCS 520/80 new)
Sec. 80. Executive accountability. The Board must complete
an annual performance review of the president and any
chancellors of the University. Such annual performance review
must be considered when the Board contemplates a bonus,
incentive-based compensation, raise, or severance agreement
for the president or all chancellors of the University.
Section 15. The Chicago State University Law is amended by
adding Sections 5-185 and 5-190 as follows:
(110 ILCS 660/5-185 new)
Sec. 5-185. Employment contract limitations. This 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 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.
(110 ILCS 660/5-190 new)
Sec. 5-190. Executive accountability. The Board must
complete an annual performance review of the president and any
chancellors of the University. Such annual performance review
must be considered when the Board contemplates a bonus,
incentive-based compensation, raise, or severance agreement
for the president or all chancellors of the University.
Section 20. The Eastern Illinois University Law is amended
by adding Sections 10-185 and 10-190 as follows:
(110 ILCS 665/10-185 new)
Sec. 10-185. Employment contract limitations. This 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 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.
(110 ILCS 665/10-190 new)
Sec. 10-190. Executive accountability. The Board must
complete an annual performance review of the president and any
chancellors of the University. Such annual performance review
must be considered when the Board contemplates a bonus,
incentive-based compensation, raise, or severance agreement
for the president or all chancellors of the University.
Section 25. The Governors State University Law is amended
by adding Sections 15-185 and 15-190 as follows:
(110 ILCS 670/15-185 new)
Sec. 15-185. Employment contract limitations. This 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 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.
(110 ILCS 670/15-190 new)
Sec. 15-190. Executive accountability. The Board must
complete an annual performance review of the president and any
chancellors of the University. Such annual performance review
must be considered when the Board contemplates a bonus,
incentive-based compensation, raise, or severance agreement
for the president or all chancellors of the University.
Section 30. The Illinois State University Law is amended by
adding Sections 20-190 and 20-195 as follows:
(110 ILCS 675/20-190 new)
Sec. 20-190. Employment contract limitations. This 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 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.
(110 ILCS 675/20-195 new)
Sec. 20-195. Executive accountability. The Board must
complete an annual performance review of the president and any
chancellors of the University. Such annual performance review
must be considered when the Board contemplates a bonus,
incentive-based compensation, raise, or severance agreement
for the president or all chancellors of the University.
Section 35. The Northeastern Illinois University Law is
amended by adding Sections 25-185 and 25-190 as follows:
(110 ILCS 680/25-185 new)
Sec. 25-185. Employment contract limitations. This 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 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.
(110 ILCS 680/25-190 new)
Sec. 25-190. Executive accountability. The Board must
complete an annual performance review of the president and any
chancellors of the University. Such annual performance review
must be considered when the Board contemplates a bonus,
incentive-based compensation, raise, or severance agreement
for the president or all chancellors of the University.
Section 40. The Northern Illinois University Law is amended
by adding Sections 30-195 and 30-200 as follows:
(110 ILCS 685/30-195 new)
Sec. 30-195. Employment contract limitations. This 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 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.
(110 ILCS 685/30-200 new)
Sec. 30-200. Executive accountability. The Board must
complete an annual performance review of the president and any
chancellors of the University. Such annual performance review
must be considered when the Board contemplates a bonus,
incentive-based compensation, raise, or severance agreement
for the president or all chancellors of the University.
Section 45. The Western Illinois University Law is amended
by adding Sections 35-190 and 35-195 as follows:
(110 ILCS 690/35-190 new)
Sec. 35-190. Employment contract limitations. This 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 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.
(110 ILCS 690/35-195 new)
Sec. 35-195. Executive accountability. The Board must
complete an annual performance review of the president and any
chancellors of the University. Such annual performance review
must be considered when the Board contemplates a bonus,
incentive-based compensation, raise, or severance agreement
for the president or all chancellors of the University.
Section 50. The Public Community College Act is amended by
adding Sections 3-70 and 3-75 as follows:

(110 ILCS 805/3-70 new)
Sec. 3-70. Employment contract transparency. This 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 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.
(110 ILCS 805/3-75 new)
Sec. 3-75. Executive accountability. Each board must
complete an annual performance review of the president and all
chancellors of the community college. Such annual performance
reviews must be considered when the board contemplates a bonus,