Full Text of HB3747 94th General Assembly
HB3747 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB3747
Introduced 2/25/2005, by Rep. Kevin Joyce SYNOPSIS AS INTRODUCED: |
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30 ILCS 608/5-1 |
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30 ILCS 608/5-5 |
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30 ILCS 608/5-10 |
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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.
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A BILL FOR
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HB3747 |
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| AN ACT concerning privatization.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The State Facilities Closure Act is amended by | 5 |
| changing Sections 5-1, 5-5, and 5-10 as follows: | 6 |
| (30 ILCS 608/5-1)
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| Sec. 5-1. Short title. This Article
Act may be cited as the | 8 |
| State Facilities Closure and Privatization Act. All references | 9 |
| in this Article to "this Act" mean this Article.
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| (Source: P.A. 93-839, eff. 7-30-04; revised 11-5-04.) | 11 |
| (30 ILCS 608/5-5)
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| Sec. 5-5. Definitions. In this Act: | 13 |
| "Commission" means the
Commission on Government | 14 |
| Forecasting and Accountability. | 15 |
| "State facility" means any facility (i) that is owned and | 16 |
| operated by the State or leased and operated by the State and | 17 |
| (ii) that is the primary stationary work location for 25 or | 18 |
| more State employees. "State facility" does not include any | 19 |
| facility under the jurisdiction of the legislative branch, | 20 |
| including the Auditor General, or the judicial branch.
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| "Privatization contract" means an agreement or combination | 22 |
| or series of
agreements by which a
non-governmental person or | 23 |
| entity agrees to provide
services
at a State facility that are
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| substantially similar to and in lieu of services that are being | 25 |
| provided by
regular
employees at that State facility and that
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| result
in the reduction in force of at least one permanent, | 27 |
| classified employee.
Any agreement entered into prior to the | 28 |
| effective date of this amendatory Act of the 94th General | 29 |
| Assembly, including
any
amendments or renewals of those | 30 |
| agreements, is not considered a
privatization contract. | 31 |
| Contracts are not considered to be privatization contracts if |
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| any
of the
following apply:
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| (1) The services are not available within the | 3 |
| applicable State agency or are of such a
highly
specialized | 4 |
| or
technical nature that the necessary knowledge, skills, | 5 |
| or expertise is not
available within
the applicable State | 6 |
| agency.
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| (2) The services are incidental to a contract for the | 8 |
| purchase or lease
of
real or personal
property.
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| (3) The service being performed is an independent | 10 |
| audit, review, or
investigation.
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| (4) The State is not able to provide equipment, | 12 |
| materials, facilities, or
support services at
the location | 13 |
| where the services are to be performed.
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| (5) The contract is for professional services that are | 15 |
| typically rendered
on a
case-by-case
or project-by-project | 16 |
| basis, such as legal, professional engineering,
structural
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| engineering, land surveying, or architectural services, | 18 |
| and the services are:
(i) limited to
the duration of the | 19 |
| project, but not to exceed 2 years, or (ii) are
provided on | 20 |
| an
intermittent basis for the duration of the contract.
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| (6) The need for services is urgent, temporary, or | 22 |
| occasional, such that
the
time
necessary to hire and train | 23 |
| employees would render obtaining the services from
State
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| employees imprudent. The contract for urgent, temporary, | 25 |
| or occasional services
shall be
limited to 90 days' | 26 |
| duration, with any extension subject to review and
approval | 27 |
| by the applicable State agency.
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| (7) The contract is for services of private counsel.
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| (8) The contract is for services for training courses | 30 |
| that can not be
provided
by current
State employees.
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| (9) The contract is for highway, structure, airport, or | 32 |
| transit
construction or for building and structure | 33 |
| construction.
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| (10) The contract includes the purchase of care, as | 35 |
| defined in
the
Illinois Procurement Code.
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| (11) The contract is for services to be provided by |
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| facilities licensed
under the Nursing Home Care
Act.
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| (12) The contract includes a grant, as defined in the | 3 |
| Illinois Procurement
Code.
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| (13) There is a conflict of interest.
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| (Source: P.A. 93-839, eff. 7-30-04; 93-1067, eff. 1-15-05.) | 6 |
| (30 ILCS 608/5-10)
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| Sec. 5-10. Facility closure and privatization process. | 8 |
| (a) Before a State facility may be closed or a | 9 |
| privatization contract entered into , the State executive | 10 |
| branch officer with jurisdiction over the facility shall file | 11 |
| notice of the proposed closure or privatization with the | 12 |
| Commission. The notice must be filed within 2 days after the | 13 |
| first public announcement of any planned or proposed closure or | 14 |
| privatization . Within 10 days after it receives notice of the | 15 |
| proposed closure or privatization , the Commission, in its | 16 |
| discretion, may require the State executive branch officer with | 17 |
| jurisdiction over the facility to file a recommendation with | 18 |
| the Commission for the closure of the facility or for entering | 19 |
| into a privatization contract
with the Commission . The | 20 |
| recommendation must be filed within 30 days after the | 21 |
| Commission delivers the request for recommendation to the State | 22 |
| executive branch officer. The recommendation must include, but | 23 |
| is not limited to, the following: | 24 |
| (1) the location and identity of the State facility | 25 |
| proposed to be closed or privatized ; | 26 |
| (2) the number of employees for which the State | 27 |
| facility is the primary stationary work location and the | 28 |
| effect of the closure of the facility or privatization on | 29 |
| those employees; | 30 |
| (3) if closure, the location or locations to which the | 31 |
| functions and employees of the State facility would be | 32 |
| moved; | 33 |
| (4) if closure, the availability and condition of land | 34 |
| and facilities at both the existing location and any | 35 |
| potential locations; |
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| (5) if closure, the ability to accommodate the | 2 |
| functions and employees at the existing and at any | 3 |
| potential locations; | 4 |
| (6) the cost of operations of the State facility and , | 5 |
| if closure, at any potential locations , and any other | 6 |
| related budgetary impacts; | 7 |
| (7) the economic impact on existing communities in the | 8 |
| vicinity of the State facility , if closure, and any | 9 |
| potential facility; | 10 |
| (8) if closure, the ability of the existing and any | 11 |
| potential community's infrastructure to support the | 12 |
| functions and employees; | 13 |
| (9) the impact on State services delivered at the | 14 |
| existing location, and, if closure, the impact in direct | 15 |
| relation to the State services expected to be delivered at | 16 |
| any potential locations; and | 17 |
| (10) if closure, the environmental impact, including | 18 |
| the impact of costs related to potential environmental | 19 |
| restoration, waste management, and environmental | 20 |
| compliance activities. | 21 |
| (b) If a recommendation is required by the Commission, a | 22 |
| 30-day public comment period must follow the filing of the | 23 |
| recommendation. The Commission, in its discretion, may conduct | 24 |
| one or more public hearings on the recommendation. Public | 25 |
| hearings conducted by the Commission shall be conducted no | 26 |
| later than 35 days after the filing of the recommendation. At | 27 |
| least one of the public hearings on the recommendation shall be | 28 |
| held at a convenient location within 25 miles of the facility | 29 |
| for which closure or privatization is recommended. The | 30 |
| Commission shall provide reasonable notice of the comment | 31 |
| period and of any public hearings to the public and to units of | 32 |
| local government and school districts that are located within | 33 |
| 25 miles of the facility. | 34 |
| (c) Within 50 days after the State executive branch officer | 35 |
| files the required recommendation, the Commission shall issue | 36 |
| an advisory opinion on that recommendation. The Commission |
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| shall file the advisory opinion with the appropriate State | 2 |
| executive branch officer, the Governor, the General Assembly, | 3 |
| and the Index Department of the Office of the Secretary of | 4 |
| State and shall make copies of the advisory opinion available | 5 |
| to the public upon request. | 6 |
| (d) No action may be taken to implement the recommendation | 7 |
| for closure of a State facility or to enter into a | 8 |
| privatization contract until 50 days after the filing of any | 9 |
| required recommendation. | 10 |
| (e) If closure, the
The requirements of this Section do not | 11 |
| apply if all of the functions and employees of a State facility | 12 |
| are relocated to another State facility that is within 10 miles | 13 |
| of the closed facility.
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| (Source: P.A. 93-839, eff. 7-30-04.)
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