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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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| FISCAL NOTE ACT MAY APPLY | |
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A BILL FOR
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HB3747 |
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LRB094 07444 JAM 37607 b |
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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 |
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| changing Sections 5-1, 5-5, and 5-10 as follows: |
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| (30 ILCS 608/5-1)
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| Sec. 5-1. Short title. This Article
Act may be cited as the |
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| State Facilities Closure and Privatization Act. All references |
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| 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.) |
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| (30 ILCS 608/5-5)
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| Sec. 5-5. Definitions. In this Act: |
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| "Commission" means the
Commission on Government |
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| Forecasting and Accountability. |
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| "State facility" means any facility (i) that is owned and |
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| operated by the State or leased and operated by the State and |
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| (ii) that is the primary stationary work location for 25 or |
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| more State employees. "State facility" does not include any |
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| facility under the jurisdiction of the legislative branch, |
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| including the Auditor General, or the judicial branch.
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| "Privatization contract" means an agreement or combination |
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| or series of
agreements by which a
non-governmental person or |
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| 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 |
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| 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, |
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| classified employee.
Any agreement entered into prior to the |
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| effective date of this amendatory Act of the 94th General |
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| Assembly, including
any
amendments or renewals of those |
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| agreements, is not considered a
privatization contract. |
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| Contracts are not considered to be privatization contracts if |
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HB3747 |
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LRB094 07444 JAM 37607 b |
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| any
of the
following apply:
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| (1) The services are not available within the |
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| applicable State agency or are of such a
highly
specialized |
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| or
technical nature that the necessary knowledge, skills, |
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| or expertise is not
available within
the applicable State |
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| agency.
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| (2) The services are incidental to a contract for the |
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| purchase or lease
of
real or personal
property.
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| (3) The service being performed is an independent |
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| audit, review, or
investigation.
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| (4) The State is not able to provide equipment, |
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| materials, facilities, or
support services at
the location |
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| where the services are to be performed.
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| (5) The contract is for professional services that are |
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| typically rendered
on a
case-by-case
or project-by-project |
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| basis, such as legal, professional engineering,
structural
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| engineering, land surveying, or architectural services, |
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| and the services are:
(i) limited to
the duration of the |
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| project, but not to exceed 2 years, or (ii) are
provided on |
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| an
intermittent basis for the duration of the contract.
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| (6) The need for services is urgent, temporary, or |
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| occasional, such that
the
time
necessary to hire and train |
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| employees would render obtaining the services from
State
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| employees imprudent. The contract for urgent, temporary, |
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| or occasional services
shall be
limited to 90 days' |
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| duration, with any extension subject to review and
approval |
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| 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 |
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| that can not be
provided
by current
State employees.
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| (9) The contract is for highway, structure, airport, or |
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| transit
construction or for building and structure |
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| construction.
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| (10) The contract includes the purchase of care, as |
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| 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 |
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| 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.) |
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| (30 ILCS 608/5-10)
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| Sec. 5-10. Facility closure and privatization process. |
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| (a) Before a State facility may be closed or a |
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| privatization contract entered into , the State executive |
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| branch officer with jurisdiction over the facility shall file |
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| notice of the proposed closure or privatization with the |
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| Commission. The notice must be filed within 2 days after the |
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| first public announcement of any planned or proposed closure or |
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| privatization . Within 10 days after it receives notice of the |
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| proposed closure or privatization , the Commission, in its |
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| discretion, may require the State executive branch officer with |
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| jurisdiction over the facility to file a recommendation with |
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| the Commission for the closure of the facility or for entering |
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| into a privatization contract
with the Commission . The |
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| recommendation must be filed within 30 days after the |
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| Commission delivers the request for recommendation to the State |
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| executive branch officer. The recommendation must include, but |
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| is not limited to, the following: |
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| (1) the location and identity of the State facility |
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| proposed to be closed or privatized ; |
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| (2) the number of employees for which the State |
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| facility is the primary stationary work location and the |
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| effect of the closure of the facility or privatization on |
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| those employees; |
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| (3) if closure, the location or locations to which the |
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| functions and employees of the State facility would be |
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| moved; |
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| (4) if closure, the availability and condition of land |
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| and facilities at both the existing location and any |
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| potential locations; |
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| (5) if closure, the ability to accommodate the |
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| functions and employees at the existing and at any |
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| potential locations; |
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| (6) the cost of operations of the State facility and , |
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| if closure, at any potential locations , and any other |
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| related budgetary impacts; |
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| (7) the economic impact on existing communities in the |
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| vicinity of the State facility , if closure, and any |
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| potential facility; |
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| (8) if closure, the ability of the existing and any |
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| potential community's infrastructure to support the |
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| functions and employees; |
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| (9) the impact on State services delivered at the |
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| existing location, and, if closure, the impact in direct |
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| relation to the State services expected to be delivered at |
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| any potential locations; and |
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| (10) if closure, the environmental impact, including |
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| the impact of costs related to potential environmental |
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| restoration, waste management, and environmental |
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| compliance activities. |
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| (b) If a recommendation is required by the Commission, a |
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| 30-day public comment period must follow the filing of the |
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| recommendation. The Commission, in its discretion, may conduct |
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| one or more public hearings on the recommendation. Public |
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| hearings conducted by the Commission shall be conducted no |
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| later than 35 days after the filing of the recommendation. At |
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| least one of the public hearings on the recommendation shall be |
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| held at a convenient location within 25 miles of the facility |
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| for which closure or privatization is recommended. The |
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| Commission shall provide reasonable notice of the comment |
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| period and of any public hearings to the public and to units of |
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| local government and school districts that are located within |
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| 25 miles of the facility. |
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| (c) Within 50 days after the State executive branch officer |
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| files the required recommendation, the Commission shall issue |
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| an advisory opinion on that recommendation. The Commission |
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| shall file the advisory opinion with the appropriate State |
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| executive branch officer, the Governor, the General Assembly, |
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| and the Index Department of the Office of the Secretary of |
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| State and shall make copies of the advisory opinion available |
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| to the public upon request. |
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| (d) No action may be taken to implement the recommendation |
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| for closure of a State facility or to enter into a |
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| privatization contract until 50 days after the filing of any |
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| required recommendation. |
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| (e) If closure, the
The requirements of this Section do not |
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| apply if all of the functions and employees of a State facility |
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| are relocated to another State facility that is within 10 miles |
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| of the closed facility.
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| (Source: P.A. 93-839, eff. 7-30-04.)
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