Illinois General Assembly - Full Text of HB5092
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Full Text of HB5092  95th General Assembly



HB5092 Engrossed LRB095 18731 RAS 44836 b

1     AN ACT concerning State government.
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 Section 4 as follows:
6     (20 ILCS 3960/4)  (from Ch. 111 1/2, par. 1154)
7     (Section scheduled to be repealed on August 31, 2008)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



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1 office.
2     The State Board shall be appointed by the Governor, with
3 the advice and consent of the Senate. Not more than 3 of the
4 appointments shall be of the same political party at the time
5 of the appointment. No person shall be appointed as a State
6 Board member if that person has served, after the effective
7 date of Public Act 93-41, 2 3-year terms as a State Board
8 member, except for ex officio non-voting members.
9     The Secretary of Human Services, the Director of Healthcare
10 and Family Services, and the Director of Public Health, or
11 their designated representatives, shall serve as ex-officio,
12 non-voting members of the State Board.
13     Of those members initially appointed by the Governor under
14 this amendatory Act of the 93rd General Assembly, 2 shall serve
15 for terms expiring July 1, 2005, 2 shall serve for terms
16 expiring July 1, 2006, and 1 shall serve for a term expiring
17 July 1, 2007. Thereafter, each appointed member shall hold
18 office for a term of 3 years, provided that any member
19 appointed to fill a vacancy occurring prior to the expiration
20 of the term for which his or her predecessor was appointed
21 shall be appointed for the remainder of such term and the term
22 of office of each successor shall commence on July 1 of the
23 year in which his predecessor's term expires. Each member
24 appointed after the effective date of this amendatory Act of
25 the 93rd General Assembly shall hold office until his or her
26 successor is appointed and qualified.



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1     State Board members, while serving on business of the State
2 Board, shall receive actual and necessary travel and
3 subsistence expenses while so serving away from their places of
4 residence. A member of the State Board who experiences a
5 significant financial hardship due to the loss of income on
6 days of attendance at meetings or while otherwise engaged in
7 the business of the State Board may be paid a hardship
8 allowance, as determined by and subject to the approval of the
9 Governor's Travel Control Board.
10     The Governor shall designate one of the members to serve as
11 Chairman and shall name, with the advice and consent of the
12 House of Representatives and the Senate, as full-time Executive
13 Secretary of the State Board, a person qualified in health care
14 facility planning and in administration. The Agency shall
15 provide administrative and staff support for the State Board.
16 The State Board shall advise the Director of its budgetary and
17 staff needs and consult with the Director on annual budget
18 preparation.
19     The State Board shall meet at least once each quarter, or
20 as often as the Chairman of the State Board deems necessary, or
21 upon the request of a majority of the members.
22      Three members of the State Board shall constitute a
23 quorum. The affirmative vote of 3 of the members of the State
24 Board shall be necessary for any action requiring a vote to be
25 taken by the State Board. A vacancy in the membership of the
26 State Board shall not impair the right of a quorum to exercise



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1 all the rights and perform all the duties of the State Board as
2 provided by this Act.
3     A State Board member shall disqualify himself or herself
4 from the consideration of any application for a permit or
5 exemption in which the State Board member or the State Board
6 member's spouse, parent, or child: (i) has an economic interest
7 in the matter; or (ii) is employed by, serves as a consultant
8 for, or is a member of the governing board of the applicant or
9 a party opposing the application.
10 (Source: P.A. 95-331, eff. 8-21-07.)
11     Section 99. Effective date. This Act takes effect upon
12 becoming law.