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90_HB3878
New Act
Creates the Large Law Firm Facility Management Act.
Places a moratorium on the construction of large law firm
facilities. Makes new large law firm facilities subject to
review and approval by units of local government. Effective
immediately.
LRB9011867EGfg
LRB9011867EGfg
1 AN ACT in relation to the construction and operation of
2 large law firm facilities.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 1. Short title. This Act may be cited as the
6 Large Law Firm Facility Management Act.
7 Section 5. Definitions. For the purposes of this Act:
8 "Law firm" means (i) a licensed attorney acting as a sole
9 practitioner or (ii) 2 or more licensed attorneys who are
10 affiliated in the practice of law.
11 "Large law firm facility" or "facility" means a law
12 office or other facility located in this State at which
13 either (i) more than 2 licensed attorneys who are affiliated
14 with the same law firm engage in the practice of law or (ii)
15 a law firm handles or intends to handle more than 25 cases
16 per year. "Large law firm facility" does not include a
17 courthouse, government office, penal institution, or library
18 that is owned or operated by the United States, the State of
19 Illinois or any of its agencies, a unit of local government,
20 or an institution of higher learning.
21 "New large law firm facility" means a large law firm
22 facility that is (i) first used as a large law firm facility
23 on or after the effective date of this Act or (ii) expanded
24 or remodeled on or after the effective date of this Act so as
25 to enable it to be used for either an increased number of
26 attorneys or an increased annual caseload.
27 Section 10. Moratorium. Notwithstanding any other
28 provision of law, a law firm shall not construct, occupy, or
29 operate any new large law firm facility during the period
30 commencing on the effective date of this Act and ending on
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1 December 31, 1999.
2 Section 15. Local governmental approval.
3 (a) Notwithstanding any other provision of law, a law
4 firm shall not operate or occupy a new large law firm
5 facility on or after January 1, 2000 unless that facility has
6 been approved by the governing body of the municipality in
7 which it is located or proposed to be located, or in the case
8 of a facility located or proposed to be located in an
9 unincorporated area, by the governing body of the county.
10 (b) Before granting its approval to operate or occupy a
11 new large law firm facility, the governing body shall hold at
12 least one public hearing on the proposed facility, at which
13 the construction and operation of the proposed facility shall
14 be described in detail and all members of the general public
15 shall be given an opportunity to respond. Notice of the
16 public hearing shall be given in the same manner as is
17 provided for notice of local siting approval hearings under
18 Section 39.2 of the Environmental Protection Act.
19 (c) A governing body shall not grant approval to operate
20 or occupy a new large law firm facility if it finds that
21 operation of the facility is likely to result in or
22 contribute to:
23 (1) excessive water pollution, air pollution, noise
24 pollution, or odor pollution;
25 (2) the generation of paper waste or other solid or
26 municipal waste that exceeds the capacity of or has a
27 negative impact upon current local recycling or other
28 waste disposal programs;
29 (3) an increase in traffic or parking demand that
30 is likely to exceed the capacity of existing roads or
31 parking facilities;
32 (4) an increase in the need for local police
33 protection or other local governmental services;
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1 (5) a decrease in the value of surrounding or
2 nearby real property; or
3 (6) a negative effect upon neighborhood amenities.
4 (d) A governing body may condition its approval to
5 operate or occupy a large law firm facility upon an
6 undertaking by the law firm or the owner or operator of the
7 facility to take specified steps to ameliorate any of the
8 negative impacts listed in subsection (c).
9 (e) The governing body of a municipality or county may
10 require applicants for approval under this Section to submit
11 any information or documentation that the governing body
12 determines to be relevant to its review of the application.
13 (f) The governing body of a municipality or county may
14 charge applicants for approval under this Section a fee to
15 cover the reasonable and necessary costs incurred by the
16 county or municipality in the review and approval process.
17 This may include the costs of any technical experts or
18 studies required by the governing body in order to complete
19 its review of the proposed facility.
20 (g) The governing body may request the Department of
21 Transportation to perform traffic impact studies of proposed
22 or potential locations for proposed facilities.
23 (h) An applicant may not file a request for approval
24 under this Section that is substantially the same as a
25 request that was disapproved under this Section within the 2
26 preceding years.
27 (i) The decision of the local governing body is subject
28 to judicial review. In any review proceeding of a decision
29 of the governing body of a municipality or county under this
30 Section, the petitioner in the review proceeding shall pay to
31 the county or municipality the cost of preparing and
32 certifying the record of proceedings. However, if the
33 petitioner is a citizens' group that participated in the
34 proceeding and is so located as to be affected by the
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1 proposed facility, the petitioner is exempt from paying the
2 costs of preparing and certifying the record.
3 (j) Approval under this Section does not affect and is
4 not in lieu of any zoning or land use approval, environmental
5 permit, building permit, occupancy permit, or other license,
6 permit, inspection, or approval that may be required by law.
7 Section 99. Effective date. This Act takes effect upon
8 becoming law.