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| Public Act 093-0889 |
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AN ACT concerning executive agencies.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Health Facilities Planning Act is | ||||
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(Section scheduled to be repealed on July 1, 2008)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; | ||||
appointment; term;
compensation; quorum. There is created the | ||||
Health
Facilities Planning Board, which
shall perform the | ||||
functions described in this
Act.
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The State Board shall consist of 5 voting members. Each | ||||
member shall have a reasonable knowledge of health planning, | ||||
health finance, or health care at the time of his or her | ||||
appointment. No person shall be appointed or continue to serve | ||||
as a member of the State Board who is, or whose spouse, parent, | ||||
or child is, a member of the Board of Directors of, has a | ||||
financial interest in, or has a business relationship with a | ||||
health care facility. | ||||
Notwithstanding any provision of this Section to the | ||||
contrary, the term of
office of each member of the State Board | ||||
is abolished on the effective date of
this
amendatory Act of | ||||
the 93rd General Assembly and those members no longer hold | ||||
office.
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Notwithstanding any provision of this Section to the | ||||
contrary, the term of
office of each member of the State Board | ||||
is abolished on the effective date of
this
amendatory Act of | ||||
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 | ||||
the duties of
members of the State Board until all new members | ||||
of the 9-member State Board
authorized under this amendatory | ||||
Act of the 93rd General Assembly are
appointed and take office. | ||||
Beginning on the effective date of this amendatory
Act
of the | ||
93rd General Assembly, the State Board shall consist of 9 | ||
voting
members.
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The State Board shall be appointed by the Governor, with | ||
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 | ||
of the appointment.
No person shall be appointed as a State | ||
Board member if that person has
served, after the effective | ||
date of Public Act 93-41
this amendatory Act of the 93rd | ||
General
Assembly, 2 3-year terms as a State Board member, | ||
except for
ex officio non-voting members.
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The Secretary of Human Services, the Director of Public | ||
Aid, and
the Director of Public Health, or their designated | ||
representatives,
shall serve as ex-officio, non-voting members | ||
of the State Board.
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Of those members initially appointed by the Governor under | ||
this
amendatory Act of the 93rd General Assembly, 2 shall serve | ||
for terms expiring
July 1, 2005, 2 shall serve for terms | ||
expiring July 1, 2006, and 1 shall serve
for a term expiring | ||
July 1, 2007.
Of those members initially appointed by the | ||
Governor under this
amendatory Act of the 93rd General | ||
Assembly, 3 shall serve for terms expiring
July 1, 2004, 3 | ||
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 | ||
member shall
hold office for a term of 3 years, provided that | ||
any member
appointed to fill a vacancy
occurring prior to the | ||
expiration of the
term for which his or her predecessor was | ||
appointed shall be appointed for the
remainder of such term and | ||
the term of office of each successor shall
commence on July 1 | ||
of the year in which his predecessor's term expires. Each
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member appointed after the effective date of this amendatory | ||
Act of the 93rd General Assembly shall hold office until his or | ||
her successor is appointed and qualified.
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State Board members, while serving on business of the State | ||
Board,
shall receive actual and necessary travel and | ||
subsistence expenses while
so serving away from their places
of | ||
residence.
A member of the State Board who experiences a | ||
significant financial hardship
due to the loss of income on | ||
days of attendance at meetings or while otherwise
engaged in | ||
the business of the State Board may be paid a hardship | ||
allowance, as
determined by and subject to the approval of the | ||
Governor's Travel Control
Board.
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The Governor shall designate one of the members to serve as | ||
Chairman
and shall name as full-time
Executive Secretary of the | ||
State
Board, a person qualified in health care facility | ||
planning and in
administration. The Agency shall provide | ||
administrative and staff
support for the State Board. The State | ||
Board shall advise the Director
of its budgetary and staff | ||
needs and consult with the Director on annual
budget | ||
preparation.
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The State Board shall meet at least once each quarter, or | ||
as often as
the Chairman of the State Board deems necessary, or | ||
upon the request of
a majority of the members.
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Three
Five members of the State Board shall constitute a | ||
quorum.
The affirmative vote of 3
5 of the members of the State | ||
Board shall be
necessary for
any action requiring a vote to be | ||
taken by the State
Board. A vacancy in the membership of the | ||
State Board shall not impair the
right of a quorum to exercise | ||
all the rights and perform all the duties of the
State Board as | ||
provided by this Act.
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A State Board member shall disqualify himself or herself | ||
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 | ||
member's spouse,
parent, or child: (i) has
an economic interest | ||
in the matter; or (ii) is employed by, serves as a
consultant | ||
for, or is a member of the
governing board of the applicant or | ||
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 | ||
authorized by law
to entertain or dispose of on an ex parte | ||
basis including, but not limited to
rule making, the State | ||
Board, any State Board member, employee, or a hearing
officer | ||
shall not engage in ex parte communication,
after an | ||
application for a permit is received,
in connection with the | ||
substance of any pending or impending application for
a permit | ||
with any person or party or the representative of any party. | ||
This subsection (a) applies when the Board, member, employee, | ||
or hearing officer knows, or should know upon reasonable | ||
inquiry, that the application is pending or impending.
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(b) A State Board member or employee may communicate with | ||
other
members or employees and any State Board member or | ||
hearing
officer may have the aid and advice of one or more | ||
personal assistants.
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(c) An ex parte communication received by the State Board, | ||
any State
Board member, employee, or a hearing officer shall be | ||
made a part of the record
of the
pending matter, including all | ||
written communications, all written
responses to the | ||
communications, and a memorandum stating the substance of all
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oral communications and all responses made and the identity of | ||
each person from
whom the ex parte communication was received.
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(d) "Ex parte communication" means a communication between | ||
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 | ||
of a pending or impending State Board proceeding and that
takes
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place outside the record of the proceeding. Communications | ||
regarding matters
of procedure and practice, such as the format | ||
of pleading, number of copies
required, manner of service, and | ||
status of proceedings, are not considered ex
parte | ||
communications. Technical assistance with respect to an | ||
application, not
intended to influence any decision on the | ||
application, may be provided by
employees to the applicant. Any | ||
assistance shall be documented in writing by
the applicant and | ||
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 | ||
the State Board or the Agency employs on a full-time, | ||
part-time,
contract, or intern
basis.
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(f) The State Board, State Board member, or hearing | ||
examiner presiding
over the proceeding, in the event of a | ||
violation of this Section, must take
whatever action is | ||
necessary to ensure that the violation does not prejudice
any | ||
party or adversely affect the fairness of the proceedings.
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(g) Nothing in this Section shall be construed to prevent | ||
the State Board or
any member of the State Board from | ||
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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Section 10. The Lobbyist Registration Act is amended by | ||
changing Section 8 as follows:
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(25 ILCS 170/8) (from Ch. 63, par. 178)
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Sec. 8. Contingent
fees prohibited.
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No person shall retain or employ another to lobby with | ||
respect to any legislative, executive, or administrative | ||
action
promote or oppose
legislation for compensation | ||
contingent in whole or in part upon the
outcome of the action
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passage or defeat of any legislation, or the approval or veto | ||
of any
legislation by the Governor, and no person shall accept | ||
any such employment
or render any such service for compensation | ||
contingent upon the outcome of the legislative, executive, or | ||
administrative action
passage or
defeat of any legislation or | ||
the approval or veto of any legislation by the
Governor.
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(Source: P.A. 76-1848.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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