HB3747 94TH GENERAL ASSEMBLY

LRB094 07444 JAM 37607 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB3747

Introduced 2/25/2005, by Rep. Kevin Joyce

SYNOPSIS AS INTRODUCED:

30 ILCS 608/5-1
30 ILCS 608/5-5
30 ILCS 608/5-10

Amends the State Facilities Closure Act. Requires the same process for entering into privatization contracts at State facilities that now applies to State facility closures. Defines terms.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning privatization.

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

Section 5. The State Facilities Closure Act is amended by changing Sections 5-1, 5-5, and 5-10 as follows:

(30 ILCS 608/5-1)

Sec. 5-1. Short title. This Article Act may be cited as the State Facilities Closure and Privatization Act. All references in this Article to "this Act" mean this Article.

(Source: P.A. 93-839, eff. 7-30-04; revised 11-5-04.)

(30 ILCS 608/5-5)

Sec. 5-5. Definitions. In this Act:

"Commission" means the Commission on Government Forecasting and Accountability.

"State facility" means any facility (i) that is owned and operated by the State or leased and operated by the State and (ii) that is the primary stationary work location for 25 or more State employees. "State facility" does not include any facility under the jurisdiction of the legislative branch, including the Auditor General, or the judicial branch.

"Privatization contract" means an agreement or combination or series of agreements by which a non-governmental person or entity agrees to provide services at a State facility that are substantially similar to and in lieu of services that are being provided by regular employees at that State facility and that result in the reduction in force of at least one permanent, classified employee. Any agreement entered into prior to the effective date of this amendatory Act of the 94th General Assembly, including any amendments or renewals of those agreements, is not considered a privatization contract. Contracts are not considered to be privatization contracts if any of the following apply:

(1) The services are not available within the applicable State agency or are of such a highly specialized or technical nature that the necessary knowledge, skills, or expertise is not available within the applicable State agency.

(2) The services are incidental to a contract for the purchase or lease of real or personal property.

(3) The service being performed is an independent audit, review, or investigation.

(4) The State is not able to provide equipment, materials, facilities, or support services at the location where the services are to be performed.

(5) The contract is for professional services that are typically rendered on a case-by-case or project-by-project basis, such as legal, professional engineering, structural engineering, land surveying, or architectural services, and the services are: (i) limited to the duration of the project, but not to exceed 2 years, or (ii) are provided on an intermittent basis for the duration of the contract.

(6) The need for services is urgent, temporary, or occasional, such that the time necessary to hire and train employees would render obtaining the services from State employees imprudent. The contract for urgent, temporary, or occasional services shall be limited to 90 days' duration, with any extension subject to review and approval by the applicable State agency.

(7) The contract is for services of private counsel.

(8) The contract is for services for training courses that can not be provided by current State employees.

(9) The contract is for highway, structure, airport, or transit construction or for building and structure construction.

(10) The contract includes the purchase of care, as defined in the Illinois Procurement Code.

(11) The contract is for services to be provided by facilities licensed under the Nursing Home Care Act.

(12) The contract includes a grant, as defined in the Illinois Procurement Code.

(13) There is a conflict of interest.

(Source: P.A. 93-839, eff. 7-30-04; 93-1067, eff. 1-15-05.)

(30 ILCS 608/5-10)

Sec. 5-10. Facility closure and privatization process.

(a) Before a State facility may be closed or a privatization contract entered into, the State executive branch officer with jurisdiction over the facility shall file notice of the proposed closure or privatization with the Commission. The notice must be filed within 2 days after the first public announcement of any planned or proposed closure or privatization. Within 10 days after it receives notice of the proposed closure or privatization, the Commission, in its discretion, may require the State executive branch officer with jurisdiction over the facility to file a recommendation with the Commission for the closure of the facility or for entering into a privatization contract with the Commission. The recommendation must be filed within 30 days after the Commission delivers the request for recommendation to the State executive branch officer. The recommendation must include, but is not limited to, the following:

(1) the location and identity of the State facility proposed to be closed or privatized;

(2) the number of employees for which the State facility is the primary stationary work location and the effect of the closure of the facility or privatization on those employees;

(3) if closure, the location or locations to which the functions and employees of the State facility would be moved;

(4) if closure, the availability and condition of land and facilities at both the existing location and any potential locations;

(5) if closure, the ability to accommodate the functions and employees at the existing and at any potential locations;

(6) the cost of operations of the State facility and, if closure, at any potential locations, and any other related budgetary impacts;

(7) the economic impact on existing communities in the vicinity of the State facility, if closure, and any potential facility;

(8) if closure, the ability of the existing and any potential community's infrastructure to support the functions and employees;

(9) the impact on State services delivered at the existing location, and, if closure, the impact in direct relation to the State services expected to be delivered at any potential locations; and

(10) if closure, the environmental impact, including the impact of costs related to potential environmental restoration, waste management, and environmental compliance activities.

(b) If a recommendation is required by the Commission, a 30-day public comment period must follow the filing of the recommendation. The Commission, in its discretion, may conduct one or more public hearings on the recommendation. Public hearings conducted by the Commission shall be conducted no later than 35 days after the filing of the recommendation. At least one of the public hearings on the recommendation shall be held at a convenient location within 25 miles of the facility for which closure or privatization is recommended. The Commission shall provide reasonable notice of the comment period and of any public hearings to the public and to units of local government and school districts that are located within 25 miles of the facility.

(c) Within 50 days after the State executive branch officer files the required recommendation, the Commission shall issue an advisory opinion on that recommendation. The Commission shall file the advisory opinion with the appropriate State executive branch officer, the Governor, the General Assembly, and the Index Department of the Office of the Secretary of State and shall make copies of the advisory opinion available to the public upon request.

(d) No action may be taken to implement the recommendation for closure of a State facility or to enter into a privatization contract until 50 days after the filing of any required recommendation.

(e) If closure, the The requirements of this Section do not apply if all of the functions and employees of a State facility are relocated to another State facility that is within 10 miles of the closed facility.

(Source: P.A. 93-839, eff. 7-30-04.)