SB 3564 requires the General Assembly to vote by joint resolution to uphold or overturn an advisory opinion issued by the Commission on Government Forecasting and Accountability (COGFA) regarding the closure of state institutions. While providing no deadline for action by the General Assembly, the bill prohibits the Governor from taking any action to implement a recommendation to close a state institution unless and until the General Assembly upholds the closure recommendation.
SB 3564 Impedes the State’s Rebalancing Plan
Historically, Illinois Governors have had a very difficult time closing state-run institutions -- even those proven to be dangerous.
SB 3564 is a blatant attempt to thwart the State’s rebalancing initiative to increase community-based services for people with disabilities -- an effort that is already underway and long overdue.
· SB 3564 will delay and impede -- perhaps indefinitely -- the Governor’s ability to close developmental centers and other state-run institutions, whether for safety reasons or to bring the State in compliance with the community integration mandate of the ADA and the Supreme Court’s Olmstead decision. IT IS BAD PUBLIC POLICY.
SB 3564 Raises Serious Constitutional Questions Regarding Separation of Powers
The operation, of state-run institutions, including decisions to open or close institutions, lies within the executive branch’s responsibility.
· In a case regarding the closure of the state-run Dixon Developmental Center, the Illinois Supreme Court held that another branch of government may not interfere with the authority of the executive branch to make decisions regarding the closure of state-run institutions (91 Ill.2d 518, 440 N.E.2d 117 (1982).
· SB 3654 attempts to do precisely the same thing and thus is likely an unconstitutional seizure by the General Assembly of the Governor’s authority to administer departments within the executive branch.
The following organizations stand in strong opposition to SB 3564:
Equip for Equality
Access Living
United Cerebral Palsy of Illinois
Don Moss & Associates
The Arc of Illinois
Illinois Network of Centers for Independent Living
Family Support Network
Illinois Self-Advocacy Alliance
The Institute on Public Policy for People with Disabilities
Barbara M. Pritchard, Community for All Coalition member
Coalition of Citizens with Disabilities in Illinois
# above information is shared by Coalition of Citizens with Disabilities in Illinois
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