Full Text of SB3564 97th General Assembly
SB3564sam001 97TH GENERAL ASSEMBLY | Sen. Gary Forby Filed: 3/2/2012
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| 1 | | AMENDMENT TO SENATE BILL 3564
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3564 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The State Facilities Closure Act is amended by | 5 | | changing Section 5-10 as follows: | 6 | | (30 ILCS 608/5-10)
| 7 | | Sec. 5-10. Facility closure process. | 8 | | (a) Before a State facility may be closed, the State | 9 | | executive branch officer with jurisdiction over the facility | 10 | | shall file notice of the proposed closure with the Commission. | 11 | | The notice must be filed within 2 days after the first public | 12 | | announcement of any planned or proposed closure. Within 10 days | 13 | | after it receives notice of the proposed closure, the | 14 | | Commission, in its discretion, may require the State executive | 15 | | branch officer with jurisdiction over the facility to file a | 16 | | recommendation for the closure of the facility with the |
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| 1 | | Commission. In the case of a proposed closure of: (i) a prison, | 2 | | youth center, work camp, or work release center operated by the | 3 | | Department of Corrections; (ii) a school, mental health center, | 4 | | or center for the developmentally disabled operated by the | 5 | | Department of Human Services; or (iii) a residential facility | 6 | | operated by the Department of Veterans' Affairs, the Commission | 7 | | must require the executive branch officers to file a | 8 | | recommendation for closure. The recommendation must be filed | 9 | | within 30 days after the Commission delivers the request for | 10 | | recommendation to the State executive branch officer. The | 11 | | recommendation must include, but is not limited to, the | 12 | | following: | 13 | | (1) the location and identity of the State facility | 14 | | proposed to be closed; | 15 | | (2) the number of employees for which the State | 16 | | facility is the primary stationary work location and the | 17 | | effect of the closure of the facility on those employees; | 18 | | (3) the location or locations to which the functions | 19 | | and employees of the State facility would be moved; | 20 | | (4) the availability and condition of land and | 21 | | facilities at both the existing location and any potential | 22 | | locations; | 23 | | (5) the ability to accommodate the functions and | 24 | | employees at the existing and at any potential locations; | 25 | | (6) the cost of operations of the State facility and at | 26 | | any potential locations and any other related budgetary |
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| 1 | | impacts; | 2 | | (7) the economic impact on existing communities in the | 3 | | vicinity of the State facility and any potential facility; | 4 | | (8) the ability of the existing and any potential | 5 | | community's infrastructure to support the functions and | 6 | | employees; | 7 | | (9) the impact on State services delivered at the | 8 | | existing location, in direct relation to the State services | 9 | | expected to be delivered at any potential locations; and | 10 | | (10) the environmental impact, including the impact of | 11 | | costs related to potential environmental restoration, | 12 | | waste management, and environmental compliance activities. | 13 | | (b) If a recommendation is required by the Commission, a | 14 | | 30-day public comment period must follow the filing of the | 15 | | recommendation. The Commission, in its discretion, may conduct | 16 | | one or more public hearings on the recommendation. In the case | 17 | | of a proposed closure of: (i) a prison, youth center, work | 18 | | camp, or work release center operated by the Department of | 19 | | Corrections; (ii) a school, mental health center, or center for | 20 | | the developmentally disabled operated by the Department of | 21 | | Human Services; or (iii) a residential facility operated by the | 22 | | Department of Veterans' Affairs, the Commission must conduct | 23 | | one or more public hearings on the recommendation. Public | 24 | | hearings conducted by the Commission shall be conducted no | 25 | | later than 35 days after the filing of the recommendation. At | 26 | | least one of the public hearings on the recommendation shall be |
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| 1 | | held at a convenient location within 25 miles of the facility | 2 | | for which closure is recommended. The Commission shall provide | 3 | | reasonable notice of the comment period and of any public | 4 | | hearings to the public and to units of local government and | 5 | | school districts that are located within 25 miles of the | 6 | | facility. | 7 | | (c) Within 50 days after the State executive branch officer | 8 | | files the required recommendation, the Commission shall issue | 9 | | an advisory opinion on that recommendation. The Commission | 10 | | shall file the advisory opinion with the appropriate State | 11 | | executive branch officer, the Governor, the General Assembly, | 12 | | and the Index Department of the Office of the Secretary of | 13 | | State and shall make copies of the advisory opinion available | 14 | | to the public upon request. | 15 | | (c-5) After receipt of the advisory opinion filed by the | 16 | | Commission, the General Assembly shall vote by joint resolution | 17 | | to uphold or overturn the opinion. | 18 | | (d) No action may be taken to implement the recommendation | 19 | | for closure of a State facility until the General Assembly has | 20 | | taken final action on the advisory opinion filed by the | 21 | | Commission by adopting a joint resolution under subsection | 22 | | (c-5) affirming the recommendation for closure 50 days after | 23 | | the filing of any required recommendation . | 24 | | (e) The requirements of this Section do not apply if all of | 25 | | the functions and employees of a State facility are relocated | 26 | | to another State facility that is within 10 miles of the closed |
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| 1 | | facility.
| 2 | | (Source: P.A. 93-839, eff. 7-30-04; 94-688, eff. 1-1-06.)".
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