093_HB0992sam001











                                     LRB093 05738 BDD 15917 a

 1                     AMENDMENT TO HOUSE BILL 992

 2        AMENDMENT NO.     .  Amend House Bill  992  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  1.  This Act may be cited as the State Facility
 5    Modification Review Act.

 6        Section  5.  The  Department  of  Human   Services,   the
 7    Department  of  Corrections,  or  the Department of Veterans'
 8    Affairs, within any 12-month  period,  shall  not  close  any
 9    facility  or  modify the use of any facility operated by such
10    Department which would reduce the functional bed capacity  or
11    occupancy  level  of  such  facility  by  10%  or 25 persons,
12    whichever is less,  or  which  would  reduce  the  number  of
13    employees  at  such facility by 10% of the total employees at
14    such facility or 25 employees, whichever is less, unless  the
15    General  Assembly has approved such change in compliance with
16    the procedures set forth in Section 10 of this Act.

17        Section 10.  The Secretary or Director of the  Department
18    proposing  a  change under Section 5 must submit a closure or
19    modification plan in writing  with  supporting  documents  as
20    described in Section 15 to the General Assembly by delivering
21    a  copy  thereof  to  the  Secretary of the Senate and to the
 
                            -2-      LRB093 05738 BDD 15917 a
 1    Clerk of the House of Representatives. The Secretary  of  the
 2    Senate  and  Clerk of the House shall receive and note on the
 3    proposed change and supporting documents the date and time of
 4    delivery. Delivery may take place during  such  period  on  a
 5    date  or  at  an  hour  when  the Senate and House are not in
 6    session as long as the offices of the Secretary and Clerk are
 7    open to receive the proposed change and supporting documents.
 8        For a proposed change to become  effective,  the  General
 9    Assembly   must   approve   the   proposed  change  by  joint
10    resolution, no sooner than 30 session days after  receipt  of
11    the  proposed change and supporting documents. In determining
12    the 30 session-day period within which the  General  Assembly
13    may  not act, the day on which delivery is made to the Senate
14    and House shall not be counted. If delivery of  the  proposed
15    change  and  supporting  documents  to the 2 houses occurs on
16    different days, the 30 session-day period shall begin on  the
17    day  following  the  later delivery. For the purposes of this
18    Section, the term "session day" means any  day  during  which
19    either  the  Senate  or  the  House  of Representatives is in
20    session and includes days when either the Senate or House  of
21    Representatives is in special session.

22        Section  15. Any proposed change submitted to the General
23    Assembly  shall  include,  at  a   minimum,   the   following
24    supporting documents:
25             (1)  the rationale for the proposed change;
26             (2)  the number and service needs of the individuals
27        whose  service  delivery will be affected by the proposed
28        change;
29             (3)  the number, functions, and duties of the  State
30        employees to be laid-off;
31             (4)  specifically  how,  by  means  of  either State
32        government employees or contracted providers, the service
33        needs of the affected individuals will  be  met  and  the
 
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 1        impact  that  will  have  on the type and availability of
 2        services  for  such   individuals   and   other   service
 3        recipients;
 4             (5)  a  cost-benefit  analysis  of  the  closing  or
 5        modification, including:
 6                  (i)  specific  first-year cost savings itemized
 7             by  budget   line   including   personal   services,
 8             retirement,  social  security, contractual services,
 9             travel,    commodities,     printing,     equipment,
10             telecommunications,    operation    of    automotive
11             equipment, and any other applicable items;
12                  (ii)  specific  first-year  costs  and up-front
13             expenses  associated  with  replacing  the  services
14             currently rendered at  the  facility  that  will  be
15             closed   or   modified,   including   the   cost  of
16             contracting out  the  service  and  monitoring  such
17             contracts   and  additional  costs  at  other  State
18             facilities.
19             (6)  an independent economic  impact  study  of  the
20        community  where  the  facility  proposed  for closure or
21        modification is located;
22             (7)  a legal opinion that ensures that the  proposed
23        change does not violate State or federal laws.
24        The  Department  proposing  the  change shall provide any
25    clarification or  additional  information  that  the  General
26    Assembly may request.

27        Section  99.  Effective  date. This Act takes effect upon
28    becoming law.".