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Public Act 094-0688 |
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AN ACT concerning finance.
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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 | ||||
changing Section 5-10 as follows: | ||||
(30 ILCS 608/5-10)
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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.
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(Source: P.A. 93-839, eff. 7-30-04.)
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