Illinois General Assembly - Full Text of HB2318
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Full Text of HB2318  93rd General Assembly

HB2318eng 93rd General Assembly


HB2318 Engrossed                     LRB093 08418 LRD 08640 b

 1        AN ACT concerning State facilities.

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

 4        Section  1.  This  Act may be cited as the State Facility
 5    Modification Review Act.

 6        Section  5.  The  Department  of  Human   Services,   the
 7    Department  of  Corrections,  or  the Department of Veterans'
 8    Affairs, within any 12-month  period,  shall  not  close  any
 9    facility  or  modify the use of any facility operated by such
10    Department which would reduce the functional bed capacity  or
11    occupancy  level  of  such  facility  by  10%  or 25 persons,
12    whichever is less,  or  which  would  reduce  the  number  of
13    employees  at  such facility by 10% of the total employees at
14    such facility or 25 employees, whichever is less, unless  the
15    General  Assembly has approved such change in compliance with
16    the procedures set forth in Section 10 of this Act.

17        Section 10. The Secretary or Director of  the  Department
18    proposing  a  change under Section 5 must submit a closure or
19    modification plan in writing  with  supporting  documents  as
20    described in Section 15 to the General Assembly by delivering
21    a  copy  thereof  to  the  Secretary of the Senate and to the
22    Clerk of the House of Representatives. The Secretary  of  the
23    Senate  and  Clerk of the House shall receive and note on the
24    proposed change and supporting documents the date and time of
25    delivery. Delivery may take place during  such  period  on  a
26    date  or  at  an  hour  when  the Senate and House are not in
27    session as long as the offices of the Secretary and Clerk are
28    open to receive the proposed change and supporting documents.
29        For a proposed change to become  effective,  the  General
30    Assembly   must   approve   the   proposed  change  by  joint
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 1    resolution, no sooner than 30 session days after  receipt  of
 2    the  proposed change and supporting documents. In determining
 3    the 30 session-day period within which the  General  Assembly
 4    may  not act, the day on which delivery is made to the Senate
 5    and House shall not be counted. If delivery of  the  proposed
 6    change  and  supporting  documents  to the 2 houses occurs on
 7    different days, the 30 session-day period shall begin on  the
 8    day  following  the  later delivery. For the purposes of this
 9    Section, the term "session day" means any  day  during  which
10    either  the  Senate  or  the  House  of Representatives is in
11    session and includes days when either the Senate or House  of
12    Representatives is in special session.

13        Section  15. Any proposed change submitted to the General
14    Assembly  shall  include,  at  a   minimum,   the   following
15    supporting documents:
16             (1)  the rationale for the proposed change;
17             (2)  the number and service needs of the individuals
18        whose  service  delivery will be affected by the proposed
19        change;
20             (3)  the number, functions, and duties of the  State
21        employees to be laid-off;
22             (4)  specifically  how,  by  means  of  either State
23        government employees or contracted providers, the service
24        needs of the affected individuals will  be  met  and  the
25        impact  that  will  have  on the type and availability of
26        services  for  such   individuals   and   other   service
27        recipients;
28             (5)  a  cost-benefit  analysis  of  the  closing  or
29        modification, including:
30                  (i)  specific  first-year cost savings itemized
31             by  budget   line   including   personal   services,
32             retirement,  social  security, contractual services,
33             travel,    commodities,     printing,     equipment,
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 1             telecommunications,    operation    of    automotive
 2             equipment, and any other applicable items;
 3                  (ii)  specific  first-year  costs  and up-front
 4             expenses  associated  with  replacing  the  services
 5             currently rendered at  the  facility  that  will  be
 6             closed   or   modified,   including   the   cost  of
 7             contracting out  the  service  and  monitoring  such
 8             contracts   and  additional  costs  at  other  State
 9             facilities.
10             (6)  an independent economic  impact  study  of  the
11        community  where  the  facility  proposed  for closure or
12        modification is located;
13             (7)  a legal opinion that ensures that the  proposed
14        change does not violate State or federal laws.
15        The  Department  proposing  the  change shall provide any
16    clarification or  additional  information  that  the  General
17    Assembly may request.

18        Section  99.  Effective  date. This Act takes effect upon
19    becoming law.