093_HB0069eng

 
HB0069 Engrossed                     LRB093 02593 LCB 02603 b

 1        AN ACT concerning State facility closure.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  1.  Short  title.  This  Act may be cited as the
 5    State Facility Closing Act.

 6        Section 5.  Public policy.  It  is  the  policy  of  this
 7    State  to  maintain public health, safety, and welfare and to
 8    cease to maintain these services and functions when they  are
 9    no  longer  necessary  or  desired by the people of Illinois.
10    Because of the  nature  of  the  government  in  this  State,
11    meaningful  economic  support  has been provided to Illinois'
12    communities and families through the employment of  thousands
13    of Illinois citizens to carry out State policies.  Therefore,
14    it shall be the policy of the State that prior to the closure
15    of  State  agencies  or  their  ancillary  facilities  or the
16    termination of State employees through the closure  of  State
17    facilities,  the General Assembly and the people of the State
18    of Illinois shall be made aware of the compelling interest of
19    the State and its citizens to close the agency or facility or
20    layoff State employees.  The General Assembly and the  people
21    of  Illinois shall be made aware of the economic impacts that
22    the proposed closing or layoff will have on  the  communities
23    in  which  the  closing  will  take place before the proposed
24    closing or layoff is implemented.

25        Section 10.  Definitions.  In this Act:
26        "Layoff" does not include the termination  of  employment
27    of  a  person  who  performs work as an employee of a private
28    entity under a State contract that provides  for  a  date  of
29    completion  after which time the private entity is considered
30    to no longer be under contract.
 
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 1        "Permanent  contract"  means  a  State  contract  with  a
 2    private entity, employing at least 50 persons, that does  not
 3    have a date of completion after which time the private entity
 4    is considered to be no longer under contract with the State.
 5        "State agency" has the meaning as defined in Section 1-20
 6    of  the  Illinois Administrative Procedure Act and shall also
 7    include any of the agency's ancillary facilities at  which  a
 8    person performs work as an employee of that State agency.

 9        Section  15.  Closure; requirement of study.  An economic
10    impact study shall be submitted to the  General  Assembly  by
11    any  State  agency  or facility that is closing or seeking to
12    layoff the lesser of 50 employees or 50% of the staff of that
13    agency or facility.
14        An economic  impact  study  shall  be  submitted  when  a
15    private  entity under permanent contract with the State seeks
16    to layoff the lesser of 50 employees  or  50%  of  the  staff
17    performing  work  pursuant  to  the permanent State contract.
18    The State agency that is a party to  the  permanent  contract
19    shall  be  responsible  for  submitting  the  economic impact
20    statement to the General Assembly.

21        Section 20.  Deadline for study.  Any  time  an  economic
22    impact  study  is  required  to be performed pursuant to this
23    Act, a report shall be presented to the General  Assembly  no
24    later  than  3  months prior to the planned implementation of
25    the facility closing or layoff, unless both a majority of the
26    House  and  the  Senate  approve  a  resolution  setting   an
27    alternate deadline.

28        Section  25.  Report.  The economic impact study shall be
29    in the form of a report to the  General  Assembly  and  shall
30    include, but not be limited to, the following:
31             (a)  State revenues expected to be saved as a result
 
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 1        of the proposed layoff or facility or agency closing;
 2             (b)  the  rationale  for  the  layoff or facility or
 3        agency closing;
 4             (c)  the function and duties of the State  employees
 5        that will be laid-off;
 6             (d)  whether  the  function  and duties of the State
 7        employees to be laid-off will  be  performed  by  another
 8        section of State government, and if so, which section;
 9             (e)  the  economic impact on the community where the
10        proposed layoff or closure of a  facility  or  agency  is
11        located;
12             (f)  the  analyses of current and projected economic
13        and labor conditions of the communities affected  by  the
14        proposed layoff or facility or agency closure;
15             (g)  any  other  data  that pertains to the economic
16        and labor impacts on Illinois communities as a result  of
17        the proposed layoff or facility or agency closing; and
18             (h)  any  other  data  that the General Assembly may
19        request concerning the proposed  layoff  or  facility  or
20        agency closing.

21        Section  30.  Exemptions.  No economic impact study shall
22    be required to be submitted to the General Assembly when:
23             (a)  closure or layoffs  are  mandated  pursuant  to
24        federal or State law or by a court order; or
25             (b)  when  both  the  House and the Senate waive the
26        requirement  of  the  submission  of  the  report  by   a
27        resolution approved by a majority in each house.

28        Section  35.  Priority.  Before  constructing or choosing
29    the location of a new State facility, the State  shall  first
30    give  consideration  to  any  community  that  has previously
31    suffered the closure of a State  agency  or  facility.   This
32    priority for construction or location of a new State facility
 
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 1    shall  govern  unless  the State has a compelling interest to
 2    cause the location or construction of the agency or  facility
 3    to  be  placed  in  another  location  or  unless the General
 4    Assembly finds that the citizens of  that  community  have  a
 5    compelling  interest to cause the location or construction of
 6    a new State agency or facility to be placed  in  a  different
 7    location.

 8        Section  99.  Effective date.  This Act takes effect upon
 9    becoming law.