Public Act 094-0688
 
HB2528 Enrolled LRB094 10228 BDD 40495 b

    AN ACT concerning finance.
 
    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 Section 5-10 as follows:
 
    (30 ILCS 608/5-10)
    Sec. 5-10. Facility closure process.
    (a) Before a State facility may be closed, the State
executive branch officer with jurisdiction over the facility
shall file notice of the proposed closure with the Commission.
The notice must be filed within 2 days after the first public
announcement of any planned or proposed closure. Within 10 days
after it receives notice of the proposed closure, the
Commission, in its discretion, may require the State executive
branch officer with jurisdiction over the facility to file a
recommendation for the closure of the facility with the
Commission. In the case of a proposed closure of: (i) a prison,
youth center, work camp, or work release center operated by the
Department of Corrections; (ii) a school, mental health center,
or center for the developmentally disabled operated by the
Department of Human Services; or (iii) a residential facility
operated by the Department of Veterans' Affairs, the Commission
must require the executive branch officers to file a
recommendation for closure. 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;
        (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 on those employees;
        (3) the location or locations to which the functions
    and employees of the State facility would be moved;
        (4) the availability and condition of land and
    facilities at both the existing location and any potential
    locations;
        (5) 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 at
    any potential locations and any other related budgetary
    impacts;
        (7) the economic impact on existing communities in the
    vicinity of the State facility and any potential facility;
        (8) 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, in direct relation to the State services
    expected to be delivered at any potential locations; and
        (10) 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. In the case
of a proposed closure of: (i) a prison, youth center, work
camp, or work release center operated by the Department of
Corrections; (ii) a school, mental health center, or center for
the developmentally disabled operated by the Department of
Human Services; or (iii) a residential facility operated by the
Department of Veterans' Affairs, the Commission must 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 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 until 50 days after the filing
of any required recommendation.
    (e) 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.)

Effective Date: 1/1/2006