|
|||||||
| |||||||
| |||||||
1 | AN ACT concerning executive agencies.
| ||||||
2 | Be it enacted by the People of the State of Illinois,
| ||||||
3 | represented in the General Assembly:
| ||||||
4 | Section 5. The Illinois Health Facilities Planning Act is | ||||||
5 | amended by changing Sections 4, 4.2, and 19.6 as follows:
| ||||||
6 | (20 ILCS 3960/4) (from Ch. 111 1/2, par. 1154)
| ||||||
7 | (Section scheduled to be repealed on July 1, 2008)
| ||||||
8 | Sec. 4. Health Facilities Planning Board; membership; | ||||||
9 | appointment; term;
compensation; quorum. There is created the | ||||||
10 | Health
Facilities Planning Board, which
shall perform the | ||||||
11 | functions described in this
Act.
| ||||||
12 | The State Board shall consist of 5 voting members. Each | ||||||
13 | member shall have a reasonable knowledge of health planning, | ||||||
14 | health finance, or health care at the time of his or her | ||||||
15 | appointment. No person shall be appointed or continue to serve | ||||||
16 | as a member of the State Board who is, or whose spouse, parent, | ||||||
17 | or child is, a member of the Board of Directors of, has a | ||||||
18 | financial interest in, or has a business relationship with a | ||||||
19 | health care facility. | ||||||
20 | Notwithstanding any provision of this Section to the | ||||||
21 | contrary, the term of
office of each member of the State Board | ||||||
22 | is abolished on the effective date of
this
amendatory Act of | ||||||
23 | the 93rd General Assembly and those members no longer hold | ||||||
24 | office.
| ||||||
25 | Notwithstanding any provision of this Section to the | ||||||
26 | contrary, the term of
office of each member of the State Board | ||||||
27 | is abolished on the effective date of
this
amendatory Act of | ||||||
28 | the 93rd General Assembly, but all incumbent members shall
| ||||||
29 | continue to exercise all of the powers and be subject to all of | ||||||
30 | the duties of
members of the State Board until all new members | ||||||
31 | of the 9-member State Board
authorized under this amendatory | ||||||
32 | Act of the 93rd General Assembly are
appointed and take office. |
| |||||||
| |||||||
1 | Beginning on the effective date of this amendatory
Act
of the | ||||||
2 | 93rd General Assembly, the State Board shall consist of 9 | ||||||
3 | voting
members.
| ||||||
4 | The State Board shall be appointed by the Governor, with | ||||||
5 | the advice
and consent of the Senate. Not more than 3
5 of the
| ||||||
6 | appointments shall be of the same political party at the time | ||||||
7 | of the appointment .
No person shall be appointed as a State | ||||||
8 | Board member if that person has
served, after the effective | ||||||
9 | date of Public Act 93-41
this amendatory Act of the 93rd | ||||||
10 | General
Assembly , 2 3-year terms as a State Board member, | ||||||
11 | except for
ex officio non-voting members.
| ||||||
12 | The Secretary of Human Services, the Director of Public | ||||||
13 | Aid, and
the Director of Public Health, or their designated | ||||||
14 | representatives,
shall serve as ex-officio, non-voting members | ||||||
15 | of the State Board.
| ||||||
16 | Of those members initially appointed by the Governor under | ||||||
17 | this
amendatory Act of the 93rd General Assembly, 2 shall serve | ||||||
18 | for terms expiring
July 1, 2005, 2 shall serve for terms | ||||||
19 | expiring July 1, 2006, and 1 shall serve
for a term expiring | ||||||
20 | July 1, 2007.
Of those members initially appointed by the | ||||||
21 | Governor under this
amendatory Act of the 93rd General | ||||||
22 | Assembly, 3 shall serve for terms expiring
July 1, 2004, 3 | ||||||
23 | shall serve for terms expiring July 1, 2005, and 3 shall serve
| ||||||
24 | for terms expiring July 1, 2006. Thereafter, each
appointed | ||||||
25 | member shall
hold office for a term of 3 years, provided that | ||||||
26 | any member
appointed to fill a vacancy
occurring prior to the | ||||||
27 | expiration of the
term for which his or her predecessor was | ||||||
28 | appointed shall be appointed for the
remainder of such term and | ||||||
29 | the term of office of each successor shall
commence on July 1 | ||||||
30 | of the year in which his predecessor's term expires. Each
| ||||||
31 | member appointed after the effective date of this amendatory | ||||||
32 | Act of the 93rd General Assembly shall hold office until his or | ||||||
33 | her successor is appointed and qualified.
| ||||||
34 | State Board members, while serving on business of the State | ||||||
35 | Board,
shall receive actual and necessary travel and | ||||||
36 | subsistence expenses while
so serving away from their places
of |
| |||||||
| |||||||
1 | residence.
A member of the State Board who experiences a | ||||||
2 | significant financial hardship
due to the loss of income on | ||||||
3 | days of attendance at meetings or while otherwise
engaged in | ||||||
4 | the business of the State Board may be paid a hardship | ||||||
5 | allowance, as
determined by and subject to the approval of the | ||||||
6 | Governor's Travel Control
Board.
| ||||||
7 | The Governor shall designate one of the members to serve as | ||||||
8 | Chairman
and shall name as full-time
Executive Secretary of the | ||||||
9 | State
Board, a person qualified in health care facility | ||||||
10 | planning and in
administration. The Agency shall provide | ||||||
11 | administrative and staff
support for the State Board. The State | ||||||
12 | Board shall advise the Director
of its budgetary and staff | ||||||
13 | needs and consult with the Director on annual
budget | ||||||
14 | preparation.
| ||||||
15 | The State Board shall meet at least once each quarter, or | ||||||
16 | as often as
the Chairman of the State Board deems necessary, or | ||||||
17 | upon the request of
a majority of the members.
| ||||||
18 |
Three
Five members of the State Board shall constitute a | ||||||
19 | quorum.
The affirmative vote of 3
5 of the members of the State | ||||||
20 | Board shall be
necessary for
any action requiring a vote to be | ||||||
21 | taken by the State
Board. A vacancy in the membership of the | ||||||
22 | State Board shall not impair the
right of a quorum to exercise | ||||||
23 | all the rights and perform all the duties of the
State Board as | ||||||
24 | provided by this Act.
| ||||||
25 | A State Board member shall disqualify himself or herself | ||||||
26 | from the
consideration of any application for a permit or
| ||||||
27 | exemption in which the State Board member or the State Board | ||||||
28 | member's spouse,
parent, or child: (i) has
an economic interest | ||||||
29 | in the matter; or (ii) is employed by, serves as a
consultant | ||||||
30 | for, or is a member of the
governing board of the applicant or | ||||||
31 | a party opposing the application.
| ||||||
32 | (Source: P.A. 93-41, eff. 6-27-03.)
| ||||||
33 | (20 ILCS 3960/4.2)
| ||||||
34 | (Section scheduled to be repealed on July 1, 2008)
| ||||||
35 | Sec. 4.2. Ex parte communications.
|
| |||||||
| |||||||
1 | (a) Except in the disposition of matters that agencies are | ||||||
2 | authorized by law
to entertain or dispose of on an ex parte | ||||||
3 | basis including, but not limited to
rule making, the State | ||||||
4 | Board, any State Board member, employee, or a hearing
officer | ||||||
5 | shall not engage in ex parte communication ,
after an | ||||||
6 | application for a permit is received,
in connection with the | ||||||
7 | substance of any pending or impending application for
a permit | ||||||
8 | with any person or party or the representative of any party. | ||||||
9 | This subsection (a) applies when the Board, member, employee, | ||||||
10 | or hearing officer knows, or should know upon reasonable | ||||||
11 | inquiry, that the application is pending or impending.
| ||||||
12 | (b) A State Board member or employee may communicate with | ||||||
13 | other
members or employees and any State Board member or | ||||||
14 | hearing
officer may have the aid and advice of one or more | ||||||
15 | personal assistants.
| ||||||
16 | (c) An ex parte communication received by the State Board, | ||||||
17 | any State
Board member, employee, or a hearing officer shall be | ||||||
18 | made a part of the record
of the
pending matter, including all | ||||||
19 | written communications, all written
responses to the | ||||||
20 | communications, and a memorandum stating the substance of all
| ||||||
21 | oral communications and all responses made and the identity of | ||||||
22 | each person from
whom the ex parte communication was received.
| ||||||
23 | (d) "Ex parte communication" means a communication between | ||||||
24 | a person who is
not a State Board member or employee and a
| ||||||
25 | State Board member or
employee
that reflects on the substance | ||||||
26 | of a pending or impending State Board proceeding and that
takes
| ||||||
27 | place outside the record of the proceeding. Communications | ||||||
28 | regarding matters
of procedure and practice, such as the format | ||||||
29 | of pleading, number of copies
required, manner of service, and | ||||||
30 | status of proceedings, are not considered ex
parte | ||||||
31 | communications. Technical assistance with respect to an | ||||||
32 | application, not
intended to influence any decision on the | ||||||
33 | application, may be provided by
employees to the applicant. Any | ||||||
34 | assistance shall be documented in writing by
the applicant and | ||||||
35 | employees within 10 business days after the assistance is
| ||||||
36 | provided.
|
| |||||||
| |||||||
1 | (e) For purposes of this Section, "employee" means
a person | ||||||
2 | the State Board or the Agency employs on a full-time, | ||||||
3 | part-time,
contract, or intern
basis.
| ||||||
4 | (f) The State Board, State Board member, or hearing | ||||||
5 | examiner presiding
over the proceeding, in the event of a | ||||||
6 | violation of this Section, must take
whatever action is | ||||||
7 | necessary to ensure that the violation does not prejudice
any | ||||||
8 | party or adversely affect the fairness of the proceedings.
| ||||||
9 | (g) Nothing in this Section shall be construed to prevent | ||||||
10 | the State Board or
any member of the State Board from | ||||||
11 | consulting with the attorney for the State
Board.
| ||||||
12 | (Source: P.A. 91-782, eff. 6-9-00; revised 1-28-04 .)
| ||||||
13 | (20 ILCS 3960/19.6)
| ||||||
14 | (Section scheduled to be repealed on July 1, 2008)
| ||||||
15 | Sec. 19.6. Repeal. This Act is repealed on July 1, 2006
| ||||||
16 | 2008 .
| ||||||
17 | (Source: P.A. 93-41, eff. 6-27-03.)
| ||||||
18 | Section 99. Effective date. This Act takes effect upon | ||||||
19 | becoming law.
|