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Sen. Bill Brady
Filed: 5/1/2009
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| AMENDMENT TO SENATE BILL 2291
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| AMENDMENT NO. ______. Amend Senate Bill 2291 by replacing |
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| everything after the enacting clause with the following:
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| "Section 5. The Department of Public Health Act is amended |
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| by adding Section 8.5 as follows:
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| (20 ILCS 2305/8.5 new) |
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| Sec. 8.5. Deputy Director; termination. The Deputy |
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| Director of the Office of Policy, Planning, and Statistics |
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| holding that position on April 29, 2009 is terminated on July |
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| 1, 2009, by operation of law, and shall thereafter no longer |
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| hold that position or any other employment position with the |
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| Department. The Governor and Director of Public Health are |
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| directed to take whatever action is necessary to effectuate |
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| this termination.
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| Section 10. The Illinois Health Facilities Planning Act is |
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| amended by changing Section 4 and by adding Section 15.9 as |
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| follows:
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| (20 ILCS 3960/4) (from Ch. 111 1/2, par. 1154)
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| (Section scheduled to be repealed on July 1, 2009)
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| Sec. 4. Health Facilities Planning Board; membership; |
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| appointment; term;
compensation; quorum. There is created the |
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| Health
Facilities Planning Board, which
shall perform the |
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| functions described in this
Act.
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| The State Board shall consist of 5 voting members. Each |
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| member shall have a reasonable knowledge of health planning, |
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| health finance, or health care at the time of his or her |
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| appointment. No person shall be appointed or continue to serve |
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| as a member of the State Board who is, or whose spouse, parent, |
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| or child is, a member of the Board of Directors of, has a |
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| financial interest in, or has a business relationship with a |
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| health care facility. |
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| Notwithstanding any provision of this Section to the |
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| contrary, the term of
office of each member of the State Board |
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| is abolished on the effective date of
this
amendatory Act of |
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| the 93rd General Assembly and those members no longer hold |
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| office.
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| The State Board shall be appointed by the Governor, with |
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| the advice
and consent of the Senate. Not more than 3 of the
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| appointments shall be of the same political party at the time |
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| of the appointment.
No person shall be appointed as a State |
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| Board member if that person has
served, after the effective |
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| date of Public Act 93-41, 2 3-year terms as a State Board |
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| member, except for
ex officio non-voting members.
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| The Secretary of Human Services, the Director of Healthcare |
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| and Family Services, and
the Director of Public Health, or |
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| their designated representatives,
shall serve as ex-officio, |
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| non-voting members of the State Board.
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| Of those members initially appointed by the Governor under |
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| this
amendatory Act of the 93rd General Assembly, 2 shall serve |
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| for terms expiring
July 1, 2005, 2 shall serve for terms |
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| expiring July 1, 2006, and 1 shall serve
for a term expiring |
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| July 1, 2007. Thereafter, each
appointed member shall
hold |
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| office for a term of 3 years, provided that any member
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| appointed to fill a vacancy
occurring prior to the expiration |
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| of the
term for which his or her predecessor was appointed |
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| shall be appointed for the
remainder of such term and the term |
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| of office of each successor shall
commence on July 1 of the |
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| year in which his predecessor's term expires. Each
member |
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| appointed after the effective date of this amendatory Act of |
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| the 93rd General Assembly shall hold office until his or her |
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| successor is appointed and qualified.
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| Notwithstanding any provision of this Section to the |
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| contrary, the term of office of each member of the State Board |
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| appointed by the Governor who is sitting on the State Board on |
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| the effective date of this amendatory Act of the 96th General |
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| Assembly is terminated on that effective date. A member sitting |
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| on the State Board on the effective date of this amendatory Act |
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| of the 96th General Assembly may not hold over in office for |
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| more than 60 days after the effective date of this amendatory |
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| Act of the 96th General Assembly. Nothing in this Section shall |
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| prevent the Governor from making a temporary appointment or |
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| nominating a member holding office on the day before the |
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| effective date of this amendatory Act of the 96th General |
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| Assembly. |
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| State Board members, while serving on business of the State |
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| Board,
shall receive actual and necessary travel and |
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| subsistence expenses while
so serving away from their places
of |
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| residence.
A member of the State Board who experiences a |
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| significant financial hardship
due to the loss of income on |
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| days of attendance at meetings or while otherwise
engaged in |
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| the business of the State Board may be paid a hardship |
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| allowance, as
determined by and subject to the approval of the |
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| Governor's Travel Control
Board.
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| The Governor shall designate one of the members to serve as |
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| Chairman
and shall name as full-time
Executive Secretary of the |
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| State
Board, a person qualified in health care facility |
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| planning and in
administration. The Agency shall provide |
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| administrative and staff
support for the State Board. The State |
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| Board shall advise the Director
of its budgetary and staff |
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| needs and consult with the Director on annual
budget |
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| preparation.
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| The State Board shall meet at least once each quarter, or |
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| as often as
the Chairman of the State Board deems necessary, or |
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| upon the request of
a majority of the members.
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Three members of the State Board shall constitute a |
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| quorum.
The affirmative vote of 3 of the members of the State |
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| Board shall be
necessary for
any action requiring a vote to be |
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| taken by the State
Board. A vacancy in the membership of the |
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| State Board shall not impair the
right of a quorum to exercise |
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| all the rights and perform all the duties of the
State Board as |
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| provided by this Act.
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| A State Board member shall disqualify himself or herself |
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| from the
consideration of any application for a permit or
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| exemption in which the State Board member or the State Board |
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| member's spouse,
parent, or child: (i) has
an economic interest |
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| in the matter; or (ii) is employed by, serves as a
consultant |
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| for, or is a member of the
governing board of the applicant or |
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| a party opposing the application.
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| (Source: P.A. 95-331, eff. 8-21-07.)
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| (20 ILCS 3960/15.9 new) |
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| Sec. 15.9. Executive Secretary; termination. The Executive |
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| Secretary holding that position on April 29, 2009 is terminated |
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| on July 1, 2009, by operation of law, and shall thereafter no |
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| longer hold that position or any other employment position with |
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| the Board. The Governor and the State Board are directed to |
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| take whatever action is necessary to effectuate this |
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| termination.
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