Access Living opposes Illinois Senate Bill 3564

The week of March 5, Illinois SB 3564 passed out of committee. This bill would make it a lot more complicated for state operated developmental centers to close because it would require a sign off by the General Assembly in addition to the Commission on Government Forecasting and Accountability.

Access Living is opposed to the bill. The bill would make it even more difficult for Illinois to transition from a reliance on institutional based supports for people with disabilities to a system of community based supports.

See below for the fact sheet developed by the Governor’s office. Access Living will be adding its name to the opposing organizations. If your organization wishes to oppose, please email jennifer.harrison@illinois.gov by the end of the day.

OPPOSE Senate Bill 3564 (Forby) SCA 1
State Facility Closure Process Change

SB 3564 (Forby)

Senate Amendment 1 to Senate Bill 3564 amends the State Facilities Closure Act. It would require the General Assembly to vote, via joint resolution, to uphold or overturn the advisory opinion given by the Commission on Government Forecasting and Accountability (COGFA).

It states that there may be no action taken to implement a closure recommendation of any State facility until the General Assembly has taken their vote on the opinion. The legislation also removes the requirement that no closure may occur until 50 days after the filing of the Commission’s recommendation.

Background

The State Facilities Closure Act sets forth a process for the closure of any State facility. The requirements in statute must be completed before any facility may be permanently closed. The Governor is required to file notice of a proposed closure with COGFA. From there, COGFA will hold a 30-day public comment period and may, at their discretion, conduct one or more public hearings on the Governor’s recommendations for closure. As the Act currently states, within 50 days after the Governor files the required recommendation, COGFA must issue an advisory opinion on the recommendation. The statute also states that no action may be taken to implement a closure until 50 days after the filing of the recommendation.

Concerns

Constitutionality: The Governor has the constitutional responsibility to implement the budget passed by the General Assembly and to manage the Executive Branch agencies within that budget.

Fiscal Challenges: The Governor is responsible for overseeing the State’s agencies and needs as much flexibility as possible in these difficult times. This legislation would prohibit the Governor’s ability to effectuate policy, supervise agencies and make responsible decisions as well as implement and manage the budget in a timely and effective manner.

Budgetary Implications: By not allowing the closure of facilities already recommended by the Governor to COGFA, the General Assembly could be impacting the FY 13 budget in significant ways: $49.4 million for Department of Corrections, $24 million for Department of Juvenile Justice and $12.3 million for Department of Human Services.

Legality: The language in Senate Amendment 1 violates the Illinois Labor Relations Act and the current Collective Bargaining Agreement.

Duplicative: There is a process already set in statute whereby COGFA studies any closure recommendation made by the Governor and makes an advisory opinion.

Opponents

Department of Central Management Services; Don Moss & Associates; Illinois Assistive Technology Program; Institute on Public Policy for People with Disabilities; Illinois Department of Juvenile Justice; Department of Corrections; Equip for Equality; Department of Human Services; Family Support Network; John Howard Association; Community Coalition for All; Illinois Self-Advocacy Alliance; Arc of Illinois; Illinois Council on Developmental Disabilities



Contact:
Amber Smock
Title:
Director of Advocacy
Work:
312-640-2191
TTY:
312-640-2164
Email:
asmock@accessliving.org