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Rep. Barbara Flynn Currie
Filed: 7/12/2004
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09300HB7307ham004 |
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LRB093 22682 AMC 52642 a |
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| AMENDMENT TO HOUSE BILL 7307
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| AMENDMENT NO. ______. Amend House Bill 7307, AS AMENDED, by |
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| replacing everything after the enacting clause with the |
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| following:
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| "Section 5. The Illinois Health Facilities Planning Act is |
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| amended by changing Sections 4, 4.2, and 19.6 as 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| (Section scheduled to be repealed on July 1, 2008)
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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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09300HB7307ham004 |
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LRB093 22682 AMC 52642 a |
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| office.
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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, but all incumbent members shall
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| continue to exercise all of the powers and be subject to all of |
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| the duties of
members of the State Board until all new members |
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| of the 9-member State Board
authorized under this amendatory |
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| Act of the 93rd General Assembly are
appointed and take office. |
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| Beginning on the effective date of this amendatory
Act
of the |
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| 93rd General Assembly, the State Board shall consist of 9 |
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| voting
members.
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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
5 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
this amendatory Act of the 93rd |
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| General
Assembly, 2 3-year terms as a State Board member, |
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| except for
ex officio non-voting members.
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| The Secretary of Human Services, the Director of Public |
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| Aid, and
the Director of Public Health, or their designated |
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| representatives,
shall serve as ex-officio, non-voting members |
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| 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.
Of those members initially appointed by the |
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| Governor under this
amendatory Act of the 93rd General |
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| Assembly, 3 shall serve for terms expiring
July 1, 2004, 3 |
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| shall serve for terms expiring July 1, 2005, and 3 shall serve
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| for terms expiring July 1, 2006. Thereafter, each
appointed |
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| member shall
hold office for a term of 3 years, provided that |
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09300HB7307ham004 |
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LRB093 22682 AMC 52642 a |
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| any member
appointed to fill a vacancy
occurring prior to the |
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| expiration of the
term for which his or her predecessor was |
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| appointed shall be appointed for the
remainder of such term and |
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| the term of office of each successor shall
commence on July 1 |
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| of the year in which his predecessor's term expires. Each
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| member appointed after the effective date of this amendatory |
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| Act of the 93rd General Assembly shall hold office until his or |
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| her successor is appointed and qualified.
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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
Five members of the State Board shall constitute a |
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| quorum.
The affirmative vote of 3
5 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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LRB093 22682 AMC 52642 a |
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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. 93-41, eff. 6-27-03.)
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| (20 ILCS 3960/4.2)
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| (Section scheduled to be repealed on July 1, 2008)
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| Sec. 4.2. Ex parte communications.
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| (a) Except in the disposition of matters that agencies are |
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| authorized by law
to entertain or dispose of on an ex parte |
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| basis including, but not limited to
rule making, the State |
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| Board, any State Board member, employee, or a hearing
officer |
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| shall not engage in ex parte communication,
after an |
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| application for a permit is received,
in connection with the |
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| substance of any pending or impending application for
a permit |
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| with any person or party or the representative of any party. |
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| This subsection (a) applies when the Board, member, employee, |
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| or hearing officer knows, or should know upon reasonable |
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| inquiry, that the application is pending or impending.
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| (b) A State Board member or employee may communicate with |
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| other
members or employees and any State Board member or |
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| hearing
officer may have the aid and advice of one or more |
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| personal assistants.
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| (c) An ex parte communication received by the State Board, |
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| any State
Board member, employee, or a hearing officer shall be |
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| made a part of the record
of the
pending matter, including all |
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| written communications, all written
responses to the |
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| communications, and a memorandum stating the substance of all
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| oral communications and all responses made and the identity of |
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09300HB7307ham004 |
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LRB093 22682 AMC 52642 a |
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| each person from
whom the ex parte communication was received.
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| (d) "Ex parte communication" means a communication between |
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| a person who is
not a State Board member or employee and a
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| State Board member or
employee
that reflects on the substance |
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| of a pending or impending State Board proceeding and that
takes
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| place outside the record of the proceeding. Communications |
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| regarding matters
of procedure and practice, such as the format |
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| of pleading, number of copies
required, manner of service, and |
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| status of proceedings, are not considered ex
parte |
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| communications. Technical assistance with respect to an |
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| application, not
intended to influence any decision on the |
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| application, may be provided by
employees to the applicant. Any |
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| assistance shall be documented in writing by
the applicant and |
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| employees within 10 business days after the assistance is
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| provided.
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| (e) For purposes of this Section, "employee" means
a person |
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| the State Board or the Agency employs on a full-time, |
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| part-time,
contract, or intern
basis.
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| (f) The State Board, State Board member, or hearing |
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| examiner presiding
over the proceeding, in the event of a |
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| violation of this Section, must take
whatever action is |
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| necessary to ensure that the violation does not prejudice
any |
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| party or adversely affect the fairness of the proceedings.
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| (g) Nothing in this Section shall be construed to prevent |
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| the State Board or
any member of the State Board from |
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| consulting with the attorney for the State
Board.
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| (Source: P.A. 91-782, eff. 6-9-00; revised 1-28-04.)
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| (20 ILCS 3960/19.6)
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| (Section scheduled to be repealed on July 1, 2008).
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| Sec. 19.6. Repeal. This Act is repealed on July 1, 2006
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| 2008.
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| (Source: P.A. 93-41, eff. 6-27-03.)
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