Full Text of HB3814 96th General Assembly
HB3814eng 96TH GENERAL ASSEMBLY
|
|
|
HB3814 Engrossed |
|
LRB096 03796 RPM 13826 b |
|
| 1 |
| AN ACT concerning public health.
| 2 |
| Be it enacted by the People of the State of Illinois,
| 3 |
| represented in the General Assembly:
| 4 |
| Section 1. Short title. This Act may be cited as the Public | 5 |
| Health Advocates Act. | 6 |
| Section 5. Statement of intent. The purpose of this Act is | 7 |
| to insure effective and democratic representation of Illinois | 8 |
| residents before federal, State, and local regulatory | 9 |
| agencies, legislative bodies, and other public bodies, and to | 10 |
| establish a practical means so that consumers can be provided | 11 |
| with education and advice related to public health issues and | 12 |
| decent health care services and products by: | 13 |
| (1) creating a nonprofit organization to represent the | 14 |
| interests of Illinois residents before federal, State, and | 15 |
| local regulatory agencies, legislative bodies, and other | 16 |
| public bodies on matters relating to access to affordable | 17 |
| prescription drugs and insurance, education and | 18 |
| consultation relating to hospital and insurance billing | 19 |
| and collection, and education about potential | 20 |
| environmental and pharmaceutical dangers; | 21 |
| (2) providing for democratic accountability of the | 22 |
| board of directors of the
organization through open | 23 |
| elections of directors with thorough financial disclosure |
|
|
|
HB3814 Engrossed |
- 2 - |
LRB096 03796 RPM 13826 b |
|
| 1 |
| requirements and campaign spending limitations; | 2 |
| (3) encouraging active citizen participation in the | 3 |
| regulatory process through
involvement in the activities | 4 |
| of the organization; and | 5 |
| (4) creating an efficient method of funding for the | 6 |
| organization, involving no
burden on the taxpayers of this | 7 |
| State.
| 8 |
| Section 10. Definitions. In this Act: | 9 |
| "Campaign contribution" means: | 10 |
| (1) a gift subscription, loan, advance, deposit of | 11 |
| money, or anything of value made for the purpose of | 12 |
| electing a candidate to the board of directors of the | 13 |
| Corporation; or | 14 |
| (2) a contract, promise, or agreement, express or | 15 |
| implied, whether or not legally enforceable, to make any | 16 |
| campaign contributions. | 17 |
| "Campaign contribution" does not include (A) the value of | 18 |
| services provided without compensation by individuals who | 19 |
| volunteer a portion or all of their time on behalf of a | 20 |
| candidate or political committee, or (B) the use of real or | 21 |
| personal property and the cost of invitations, food, and | 22 |
| beverages voluntarily provided by an individual to a candidate | 23 |
| in rendering voluntary personal services on the individual's | 24 |
| residential premises for activities related to the candidate's | 25 |
| campaign if the cumulative value of the activities by the |
|
|
|
HB3814 Engrossed |
- 3 - |
LRB096 03796 RPM 13826 b |
|
| 1 |
| individual on behalf of any candidate does not exceed $100 for | 2 |
| any election.
| 3 |
| "Campaign expenditure" means: | 4 |
| (1) a purchase, payment, distribution, loan, advance, | 5 |
| deposit, or gift of money or anything of value made for the | 6 |
| purpose of electing a candidate to the board of directors | 7 |
| of the Corporation; or | 8 |
| (2) a contract, promise, or agreement, express or | 9 |
| implied, whether or not legally enforceable, to make any | 10 |
| campaign expenditure. | 11 |
| "Campaign expenditure" does not include the use of real or | 12 |
| personal property and the cost of invitations, food, and | 13 |
| beverages voluntarily provided by an individual to a candidate | 14 |
| in rendering voluntary personal services on the individual's | 15 |
| residential premises for activities related to the candidate's | 16 |
| campaign if the cumulative value of the activities by the | 17 |
| individual on behalf of any candidate does not exceed $100 for | 18 |
| any election. | 19 |
| "Corporation" means the Public Health Advocates. | 20 |
| "Director" means any person serving on the board of | 21 |
| directors of the Corporation. | 22 |
| "District" means a corporation district, the boundaries of | 23 |
| which are congruent with the boundaries of the State's | 24 |
| Congressional districts. | 25 |
| "District director" means a director elected from a | 26 |
| district.
|
|
|
|
HB3814 Engrossed |
- 4 - |
LRB096 03796 RPM 13826 b |
|
| 1 |
| "Health care company" means a corporation or other entity | 2 |
| engaged in the business of providing health care services, | 3 |
| health care products, or both health care services and products | 4 |
| within this State. | 5 |
| "Health care products" means products for the diagnosis, | 6 |
| prevention, treatment, cure, or relief of a physical or mental | 7 |
| health condition, illness, or injury or any other matter | 8 |
| concerning the provision and delivery of products to maintain | 9 |
| good health. | 10 |
| "Health care services" means services for the diagnosis, | 11 |
| prevention, treatment, cure, or relief of a physical or mental | 12 |
| health condition, illness, or injury or any other matter | 13 |
| concerning the provision and delivery of services to maintain | 14 |
| good health.
| 15 |
| "Health insurance" means a contract relating to health care | 16 |
| where a person or entity undertakes to indemnify or to pay a | 17 |
| specified or determinable amount or benefit upon determinable | 18 |
| contingencies. | 19 |
| "Immediate family" means a person's spouse and legal | 20 |
| dependents. | 21 |
| "Member" means any person who meets the requirements for | 22 |
| membership in the Corporation set forth in subsection (b) of | 23 |
| Section 15 of this Act.
| 24 |
| "Political committee" means any committee, club, | 25 |
| association, or other group of persons that makes campaign | 26 |
| expenditures or receives campaign contributions during the |
|
|
|
HB3814 Engrossed |
- 5 - |
LRB096 03796 RPM 13826 b |
|
| 1 |
| year before an election of the board of directors.
| 2 |
| Section 15. Creation of Corporation; membership. | 3 |
| (a) There is created a nonprofit membership corporation to | 4 |
| be known as the Public Health Advocates, referred to as the | 5 |
| Corporation. | 6 |
| (b) The membership of the Corporation shall consist of all | 7 |
| Illinois residents who have contributed money to the | 8 |
| Corporation in at least an amount set by the board of directors | 9 |
| in either its preceding or its current fiscal year as a minimum | 10 |
| fee. Any person may resign from membership. The fee shall be no | 11 |
| lower than $5.
| 12 |
| Section 20. Duties and powers.
| 13 |
| (a) It shall be the duty of the Corporation to effectively | 14 |
| represent and protect the interests of Illinois health care | 15 |
| consumers on matters affecting access to affordable | 16 |
| prescription drugs and insurance, hospital and insurance | 17 |
| billing and collection, and potential environmental and | 18 |
| pharmaceutical dangers. All actions that it undertakes under | 19 |
| the provisions of this Act shall be directed toward these | 20 |
| duties. | 21 |
| (b) The Corporation shall have all powers accorded | 22 |
| generally to, and shall be subject to all duties imposed | 23 |
| generally upon, non-profit membership corporations under the | 24 |
| laws of this State. |
|
|
|
HB3814 Engrossed |
- 6 - |
LRB096 03796 RPM 13826 b |
|
| 1 |
| (c) The Corporation may seek tax-exempt status under State | 2 |
| and federal law. | 3 |
| (d) The Corporation may solicit and accept gifts, grants, | 4 |
| and loans, except as prohibited in this Act. | 5 |
| (e) The Corporation may conduct, support, and assist | 6 |
| research, surveys, investigations, planning activities, | 7 |
| conferences, demonstration projects, counseling, and public | 8 |
| information activities concerning the interests of Illinois | 9 |
| health care consumers. | 10 |
| (f) The Corporation may contract for services that cannot | 11 |
| reasonably be performed by its employees. | 12 |
| (g) The Corporation may represent the interests of its | 13 |
| members before federal, State, and local regulatory agencies, | 14 |
| legislative bodies, and other public bodies on matters | 15 |
| affecting health care consumers. The Corporation's | 16 |
| representation shall be on behalf of Illinois residents as a | 17 |
| whole or substantial numbers and is subject to the rules and | 18 |
| regulations of the governing agency or body.
| 19 |
| (h) The Corporation may support or oppose initiatives or | 20 |
| referenda concerning matters affecting public health. | 21 |
| (i) The Corporation shall have, in addition to the rights | 22 |
| and powers enumerated in this Act, any other incidental rights | 23 |
| and powers as are reasonably necessary to carry out the | 24 |
| foregoing powers and duties.
| 25 |
| Section 25. Board of directors.
|
|
|
|
HB3814 Engrossed |
- 7 - |
LRB096 03796 RPM 13826 b |
|
| 1 |
| (a) The affairs of the Corporation shall be managed by a | 2 |
| board of directors. | 3 |
| (b) There shall be one
director for each board district. | 4 |
| Corporation districts shall be divided into 2 groups for the | 5 |
| purpose of establishing terms for which the directors shall be | 6 |
| elected in each group. One group shall be comprised of the | 7 |
| even-numbered board districts and the odd-numbered board | 8 |
| districts shall comprise the other group. | 9 |
| (c) The interim board, within 60 days after its | 10 |
| appointment,
shall meet and publicly determine by lot which | 11 |
| group shall be the first group and which group shall be the | 12 |
| second group. The Governor shall appoint the interim board | 13 |
| members. | 14 |
| (d) The first election of directors of the board is to be | 15 |
| held in accordance with Section 45 of this Act. Subsequent | 16 |
| elections of directors of the board shall be held every 2 years | 17 |
| after the first election. The board may change the election | 18 |
| date for the second election to up to one month before or after | 19 |
| the second anniversary of the first election. All subsequent | 20 |
| elections shall occur every 2 years on the anniversary of the | 21 |
| second election. If the election day falls on a weekend or | 22 |
| holiday, the election shall occur on the next business day. In | 23 |
| the year following a decennial redistricting, all directors' | 24 |
| terms shall end and elections for directors from the redrawn | 25 |
| board districts shall be held. Until the election that follows | 26 |
| the first redistricting after the effective date of this Act, |
|
|
|
HB3814 Engrossed |
- 8 - |
LRB096 03796 RPM 13826 b |
|
| 1 |
| all elected members of the board shall be elected for terms of | 2 |
| 2 years. | 3 |
| (e) Interim and elected board members shall serve until | 4 |
| their successors are elected and have qualified. | 5 |
| (f) Within 45 days after the redistricted board districts | 6 |
| are enacted, the board shall publicly allocate terms by lot | 7 |
| between the 2 groups of districts as provided in paragraph (b) | 8 |
| of this subsection. Board members or their successors from the | 9 |
| first group shall be elected for successive terms of 2 years, 4 | 10 |
| years, and 4 years and members or their successors from the | 11 |
| second group shall be elected for successive terms of 4 years, | 12 |
| 4 years, and 2 years. In the year following a decennial | 13 |
| redistricting, all directors' terms shall end and elections for | 14 |
| directors from the redrawn board districts shall be held. | 15 |
| (g) In the event that board districts are redrawn for | 16 |
| reasons other than a decennial redistricting, within 45 days | 17 |
| after the redistricted county board districts are enacted, the | 18 |
| board shall publicly allocate terms by lot between the 2 groups | 19 |
| of districts as provided in paragraph (b) of this subsection. | 20 |
| The board shall select terms for both groups in a manner | 21 |
| consistent, to the extent possible, with subsection (f) of this | 22 |
| Section to ensure staggered elections until a decennial | 23 |
| redistricting occurs. | 24 |
| (h) Directors shall be residents of the State of Illinois | 25 |
| and members of the Corporation. No director may hold any | 26 |
| elective position in federal, State, or local government. |
|
|
|
HB3814 Engrossed |
- 9 - |
LRB096 03796 RPM 13826 b |
|
| 1 |
| (i) No director nor member of his or her immediate family | 2 |
| may be, either directly or indirectly, employed for | 3 |
| compensation as a staff member or consultant of the | 4 |
| Corporation. | 5 |
| (j) The board shall hold regular meetings at least once | 6 |
| every 3 months on the dates and at the places as it may | 7 |
| determine. Special meetings may be called by the president or | 8 |
| by a majority of the directors upon at least 7 days prior | 9 |
| written notice. Unless otherwise provided in the bylaws of the | 10 |
| Corporation, a majority of the board of directors shall | 11 |
| constitute a quorum. In no event, however, shall a quorum | 12 |
| consist of less than one-third of the board of directors. The | 13 |
| act of the majority of the directors present at a meeting at | 14 |
| which a quorum is present shall be the act of the board of | 15 |
| directors unless the act of a greater number is required by | 16 |
| this Act or the Corporation's bylaws. A summary of the minutes | 17 |
| of every board meeting shall be made available to each public | 18 |
| library in the State upon request and to individuals upon | 19 |
| request. | 20 |
| (k) A director may not receive any compensation for his or | 21 |
| her services, but shall be reimbursed for necessary expenses, | 22 |
| including travel expenses incurred in the discharge of duties. | 23 |
| The board shall establish standard allowances for mileage, | 24 |
| room, and meals and the purposes for which allowances may be | 25 |
| made. The board shall determine the reasonableness and | 26 |
| necessity for reimbursements.
|
|
|
|
HB3814 Engrossed |
- 10 - |
LRB096 03796 RPM 13826 b |
|
| 1 |
| (l) Directors and employees eligible to disburse funds | 2 |
| shall be bonded. The costs of the bonds shall be paid by the | 3 |
| Corporation. | 4 |
| (m) The appointed directors shall: | 5 |
| (1) inform Illinois residents, by the means provided | 6 |
| for in this Act, of the existence, nature, and purposes of | 7 |
| the Corporation, and shall encourage Illinois residents to | 8 |
| participate in the Corporation's activities and to | 9 |
| contribute to its operating funds; | 10 |
| (2) elect officers as provided in Section 50 of this | 11 |
| Act; | 12 |
| (3) employ such staff as the directors deem necessary | 13 |
| to carry out the purposes of this Act; | 14 |
| (4) make all necessary preparations for the first | 15 |
| election of directors, oversee the election campaign, and | 16 |
| tally the votes, as provided in Section 45 of this Act; and | 17 |
| (5) carry out all other duties and exercise all other | 18 |
| powers accorded to the board of directors in this Act. | 19 |
| (n) One director shall be elected from each district in the | 20 |
| State under procedures established in Section 45 of this Act. | 21 |
| Each director shall have one vote in the board of directors. | 22 |
| Elected directors shall be installed in office by the president | 23 |
| of the outgoing board of directors. | 24 |
| (o) When a director dies, resigns, is disqualified, or | 25 |
| otherwise vacates his or her office, the board of directors | 26 |
| shall select within 3 months after the vacancy occurs a |
|
|
|
HB3814 Engrossed |
- 11 - |
LRB096 03796 RPM 13826 b |
|
| 1 |
| successor from the same district as the director for the | 2 |
| remainder of the director's term of office. Any director may | 3 |
| nominate any qualified person as successor. The board of | 4 |
| directors shall select the successor from among those nominated | 5 |
| by a two-thirds majority of the remaining directors present and | 6 |
| voting. The successor shall be installed in office by the | 7 |
| president of the board of directors. | 8 |
| (p) The elected board of directors shall have the following | 9 |
| duties: | 10 |
| (1) maintain up-to-date membership rolls and to keep | 11 |
| the rolls in confidence; | 12 |
| (2) maintain minutes, books, and records that shall | 13 |
| reflect all the acts and transactions of the board of | 14 |
| directors that shall be open to examination by any member | 15 |
| during regular business hours; | 16 |
| (3) make (i) all reports, studies, and other | 17 |
| information compiled by the Corporation under subsection | 18 |
| (e) of Section 20 of this Act and (ii) all data pertaining | 19 |
| to the finances of the Corporation available for public | 20 |
| inspection during regular business hours; | 21 |
| (4) prepare quarterly statements of the financial and | 22 |
| substantive operations of the Corporation, and make copies | 23 |
| of the statements available to the general public; | 24 |
| (5) cause the Corporation's books to be audited by a | 25 |
| certified public accountant at least once each fiscal year, | 26 |
| and make the audit available to the general public; |
|
|
|
HB3814 Engrossed |
- 12 - |
LRB096 03796 RPM 13826 b |
|
| 1 |
| (6) prepare and mail, as soon as practicable after the | 2 |
| close of the Corporation's fiscal year, an annual report of | 3 |
| the Corporation's financial and substantive operations to | 4 |
| each member; | 5 |
| (7) report to the membership meeting the past and | 6 |
| projected activities and policies of the Corporation; | 7 |
| (8) employ an executive director and direct and | 8 |
| supervise his or her activities; and | 9 |
| (9) carry out all other duties and responsibilities | 10 |
| imposed upon the Corporation and the board of directors by | 11 |
| this Act. | 12 |
| The Corporation treasurer shall reimburse directors for | 13 |
| actual expenses necessarily incurred by them in the performance | 14 |
| of their duties.
| 15 |
| Section 30. Director statement of financial interest.
Each | 16 |
| director shall file annually with the Corporation a current | 17 |
| statement of financial interest that provides all the | 18 |
| information required to be in reports submitted by candidates | 19 |
| for election to the board pursuant to subsection (d) of Section | 20 |
| 45 of this Act.
| 21 |
| Section 35. Nonpartisan Corporation.
The Corporation may | 22 |
| not sponsor, endorse, or otherwise support or oppose any | 23 |
| political party or the candidacy of any person for public | 24 |
| office. |
|
|
|
HB3814 Engrossed |
- 13 - |
LRB096 03796 RPM 13826 b |
|
| 1 |
| Section 40. Mailing procedure. | 2 |
| (a) As used in this Section: | 3 |
| "Enclosure" means a card, leaflet, envelope, or | 4 |
| combination thereof furnished by the Corporation under this | 5 |
| Section. | 6 |
| "Mailing" means any communication by a State agency or unit | 7 |
| of local government that is sent through the United States | 8 |
| Postal Service to more than 500 persons within a 12-month | 9 |
| period. | 10 |
| "Agency" means any officer, department, board, commission, | 11 |
| institution, or entity of the executive or legislative branches | 12 |
| of the State and any unit of local government. | 13 |
| (b) To accomplish its powers and duties under this Act, the | 14 |
| Corporation may prepare and furnish to any agency an enclosure | 15 |
| to be included with a mailing by that agency subject to the | 16 |
| following limitations: | 17 |
| (1) An agency furnished with an enclosure shall include | 18 |
| the enclosure within the mailing designated by the | 19 |
| Corporation.
| 20 |
| (2) An enclosure furnished by the Corporation under | 21 |
| this Section shall be provided to the agency in a | 22 |
| reasonable period of time in advance of the mailing. | 23 |
| (3) An enclosure furnished by the Corporation under | 24 |
| this Section shall be limited to informing the reader of | 25 |
| the purpose, nature, and activities of the Corporation as |
|
|
|
HB3814 Engrossed |
- 14 - |
LRB096 03796 RPM 13826 b |
|
| 1 |
| set forth in this Act and informing the reader that it may | 2 |
| become a member in the Corporation, maintain membership in | 3 |
| the Corporation, and contribute money to the Corporation | 4 |
| directly.
| 5 |
| (c) The Corporation shall reimburse each agency for all | 6 |
| reasonable incremental costs incurred by the agency in | 7 |
| complying with this Section above the agency's normal mailing | 8 |
| and handling costs, provided that the agency shall first | 9 |
| furnish the Corporation with an itemized accounting of the | 10 |
| additional cost and the Corporation shall not be required to | 11 |
| reimburse the agency for postage costs if the weight of the | 12 |
| Corporation's enclosure does not exceed 0.35 ounce | 13 |
| avoirdupois. If the Corporation's enclosure exceeds that | 14 |
| weight, then it shall only be required to reimburse the agency | 15 |
| for postage cost over and above what the agency's postage cost | 16 |
| would have been had the enclosure weighed only 0.35 ounce | 17 |
| avoirdupois. | 18 |
| (d) In the event that an agency is furnished with an | 19 |
| enclosure by the Corporation and by the Citizens Utility Board, | 20 |
| as provided in Section 9 of the Citizens Utility Board Act, | 21 |
| designated for the same mailing, the agency shall include | 22 |
| whichever enclosure it received first within the designated | 23 |
| mailing. The agency shall notify the Corporation or the | 24 |
| Citizens Utility Board, as the case may be, that its mailing | 25 |
| will not go out until the next mailing. It shall include the | 26 |
| other enclosure with the next mailing designated by the entity |
|
|
|
HB3814 Engrossed |
- 15 - |
LRB096 03796 RPM 13826 b |
|
| 1 |
| that furnished it. | 2 |
| Section 45. Election of directors. | 3 |
| (a) The time of elections shall be as follows: | 4 |
| (1) When the membership of the Corporation has reached | 5 |
| 1,000 persons and the Corporation has received $10,000 in | 6 |
| contributions, the appointed directors shall promptly fix | 7 |
| a date for the first election of directors. The election | 8 |
| shall be held not less than 4 months and not more than 6 | 9 |
| months after the membership and contributions have reached | 10 |
| the prescribed levels. | 11 |
| (2) Subsequent elections of directors shall be held at | 12 |
| 2 year intervals after the first election as provided in | 13 |
| Section 25 of this Act. The dates of the elections shall be | 14 |
| fixed not less than 4 months in advance by the board of | 15 |
| directors. | 16 |
| (b) To be eligible for election to the board of directors, | 17 |
| a candidate must: | 18 |
| (1) be a resident of the district that he or she seeks | 19 |
| to represent; | 20 |
| (2) have his or her nomination certified by the board | 21 |
| of directors under subsection (c) of this Section; | 22 |
| (3) submit to the board of directors a statement of | 23 |
| financial interests in accordance with subsection (d) of | 24 |
| this Section and a statement of personal background and | 25 |
| positions in accordance with subsection (e) of this |
|
|
|
HB3814 Engrossed |
- 16 - |
LRB096 03796 RPM 13826 b |
|
| 1 |
| Section; and | 2 |
| (4) make the affirmation prescribed in paragraph (5) of | 3 |
| subsection (f) of this Section. | 4 |
| (c) A candidate for election to the board of directors | 5 |
| shall submit to the board, not later than 60 days prior to the | 6 |
| election, a statement of intent to be a candidate. Upon receipt | 7 |
| of the statement of intent, the board shall certify the | 8 |
| nomination of the candidate. | 9 |
| (d) A candidate for election to the board of directors | 10 |
| shall submit to the board, not later than 60 days prior to the | 11 |
| election, a statement of financial interest upon a form | 12 |
| approved by the board of directors. The statement of financial | 13 |
| interests shall include the following information: | 14 |
| (1) the occupation, employer, and position at place of
| 15 |
| employment of the candidate and of his or her immediate | 16 |
| family members; | 17 |
| (2) a list of all corporate directorships or other | 18 |
| offices, and
of all fiduciary relationships, held in the | 19 |
| past 3 years by the candidate and by his or her immediate | 20 |
| family members; | 21 |
| (3) the name of any corporation in which the candidate | 22 |
| holds a
security, the current market value of which is | 23 |
| $2,500 or more; | 24 |
| (4) the name of any corporation in which the | 25 |
| candidate's
immediate family members hold a security, the | 26 |
| current market value of which is $2,500 or more; |
|
|
|
HB3814 Engrossed |
- 17 - |
LRB096 03796 RPM 13826 b |
|
| 1 |
| (5) an affirmation, subject to penalty of perjury, that | 2 |
| the information contained in the statement of financial | 3 |
| interest is true and complete. | 4 |
| (e) A candidate for election to the board of directors | 5 |
| shall submit to the board, not later than 60 days prior to the | 6 |
| election, a 2 page statement concerning his or her personal | 7 |
| background and positions on issues relating to public health | 8 |
| initiatives, health care services, health care products, or the | 9 |
| operations of the Corporation. The statement shall contain an | 10 |
| affirmation, subject to penalty of perjury, that the candidate | 11 |
| meets the qualifications prescribed for directors in | 12 |
| subsection (d) of this Section and is a resident of the | 13 |
| district that he or she seeks to represent. The board of | 14 |
| directors may limit the number of words a candidate may use on | 15 |
| the statement. | 16 |
| (f) Restrictions on and reporting of campaign | 17 |
| contributions and expenditures shall be as follows: | 18 |
| (1) each candidate may accept no more than $100 in
| 19 |
| campaign contributions from any person or political | 20 |
| committee from one year before the date of an election | 21 |
| through the date of the election; | 22 |
| (2) each candidate shall keep complete records of all
| 23 |
| contributions to his or her campaign of $25 or more made | 24 |
| from one year before the date of an election through the | 25 |
| date of the election; | 26 |
| (3) each candidate who avails himself or herself of the
|
|
|
|
HB3814 Engrossed |
- 18 - |
LRB096 03796 RPM 13826 b |
|
| 1 |
| Corporation's distribution of his or her statement of | 2 |
| personal background and positions under subparagraph (C) | 3 |
| of paragraph (1) of subsection (g) may incur no more than | 4 |
| $1,000 in campaign expenditures from the time he or she | 5 |
| commences circulation of petitions for nomination or from 4 | 6 |
| months prior to the election, whichever is earlier, through | 7 |
| the date of the election; | 8 |
| (4) each candidate shall keep complete records of his | 9 |
| or
her campaign expenditures, and shall make the records | 10 |
| available for inspection by the Corporation; and | 11 |
| (5) no earlier than 14 days and no later than 8 days | 12 |
| preceding the election and no earlier than 21 days and no | 13 |
| later than 30 days after the election, each candidate for | 14 |
| election to the board shall submit to the board an accurate | 15 |
| statement of his or her campaign contributions, swearing | 16 |
| that he or she has fully complied with the requirements of | 17 |
| this subsection. | 18 |
| (g) Election procedures shall be as follows: | 19 |
| (1) The board of directors shall send by first class | 20 |
| mail to each member in districts where more than one | 21 |
| candidate has been certified no sooner than 21 days and not | 22 |
| later than 14 days before the date fixed for the election: | 23 |
| (A) an official ballot listing all candidates for | 24 |
| district director from the member's district whose | 25 |
| nominations the board has certified and who have | 26 |
| complied with the requirements of subsections (d) and |
|
|
|
HB3814 Engrossed |
- 19 - |
LRB096 03796 RPM 13826 b |
|
| 1 |
| (e) of this Section; | 2 |
| (B) each candidate's statement of financial | 3 |
| interest; and | 4 |
| (C) the statement of personal background and | 5 |
| position of each candidate who requests the mailing of | 6 |
| his or her statement at the time he or she submits it | 7 |
| to the board. | 8 |
| (2) Each member may cast a vote in the election by | 9 |
| returning
his or her official ballot, properly marked, to | 10 |
| the head office of the Corporation by 8 p.m. of the date | 11 |
| fixed for the election or, if it is sent by mail, the | 12 |
| ballot shall be deemed to have been received on time if it | 13 |
| is postmarked on the date of the election. | 14 |
| (3) Voting shall be by secret ballot. | 15 |
| (4) The board of directors shall tally votes with all | 16 |
| reasonable speed and shall inform the membership promptly | 17 |
| of the names of the candidates elected. | 18 |
| (5) In each district, the district director candidate | 19 |
| with the most votes shall be declared elected. | 20 |
| (h) The president of the board of directors shall install, | 21 |
| within 30 days after the election, all elected candidates who | 22 |
| meet the qualifications under subsection (b) of this Section. | 23 |
| (i) The board of directors may prescribe rules for the | 24 |
| conduct of elections and election campaigns not inconsistent | 25 |
| with this Act.
|
|
|
|
HB3814 Engrossed |
- 20 - |
LRB096 03796 RPM 13826 b |
|
| 1 |
| Section 50. Officers. | 2 |
| (a) At the first regular meeting of the board of directors | 3 |
| at which a quorum is present subsequent to the initial | 4 |
| appointments of Directors and at the first regular meeting of | 5 |
| the board at which a quorum is present subsequent to the | 6 |
| installation of new directors following each election, the | 7 |
| board shall elect by majority vote of members present and | 8 |
| voting from among the directors a president, a vice president, | 9 |
| a secretary, and a treasurer. The board shall also have the | 10 |
| power to elect a comptroller and any other officers as it deems | 11 |
| necessary. | 12 |
| (b) Officers shall be installed by the president | 13 |
| immediately upon their election. The term of office of officers | 14 |
| shall be one year. An officer may resign or may be removed from | 15 |
| office by a two-thirds vote of all the directors. After an | 16 |
| officer's term of office has expired, the officer shall | 17 |
| continue to serve until his or her successor is installed. When | 18 |
| an officer dies, resigns, is removed, or otherwise vacates his | 19 |
| or her office, the board of directors shall elect a successor | 20 |
| to serve out the officer's term of office. | 21 |
| (c) Officers shall exercise the powers and perform the | 22 |
| duties as are prescribed by this Act or as delegated to them by | 23 |
| the board of directors.
| 24 |
| Section 55. Annual membership meeting. | 25 |
| (a) An annual meeting of the membership shall be held once |
|
|
|
HB3814 Engrossed |
- 21 - |
LRB096 03796 RPM 13826 b |
|
| 1 |
| each year on a date and at a place within the State to be | 2 |
| determined by the board of directors. | 3 |
| (b) All members shall be eligible to attend, participate | 4 |
| in, and vote in the annual membership meeting. | 5 |
| (c) The form of the annual membership meeting shall be as | 6 |
| provided in the law of this State regarding nonprofit | 7 |
| membership corporations. | 8 |
| (d) The annual membership meeting shall be open to the | 9 |
| public.
| 10 |
| Section 60. Corrupt practices and conflicts of interest. | 11 |
| (a) The Corporation and its directors, employees, or agents | 12 |
| shall not accept anything of monetary value above $100 from any | 13 |
| public official or official or employee of any health care | 14 |
| company or employer covered by this Act or agent thereof, | 15 |
| except as otherwise provided in this Act. | 16 |
| (b) No public official or official or employee of a health | 17 |
| care company or employer covered by this Act or agent thereof | 18 |
| shall offer anything of monetary value to, or accept anything | 19 |
| of monetary value from, the Corporation or its directors, | 20 |
| employees, or agents except as otherwise provided in this Act. | 21 |
| (c) The office of a director found in violation of | 22 |
| subsection (a) or (b) of this Section shall be declared vacant.
| 23 |
| Section 65. Initial expenses. For the purposes of meeting | 24 |
| the necessary expenses of postage, preparing and printing |
|
|
|
HB3814 Engrossed |
- 22 - |
LRB096 03796 RPM 13826 b |
|
| 1 |
| enclosures, initial organization, and operation of the | 2 |
| Corporation for the period commencing on the effective date of | 3 |
| this Act and continuing until the first election of the board | 4 |
| of directors under Section 45, the Corporation or any | 5 |
| individual may borrow such moneys as it requires, including | 6 |
| moneys which may be loaned by the State from funds appropriated | 7 |
| for that purpose by law. Moneys borrowed by the Corporation or | 8 |
| any individual shall subsequently be repaid with appropriate | 9 |
| interest over a reasonable period of time. Any loans that may | 10 |
| be made to the Corporation by the State shall be repaid within | 11 |
| 24 months from the date the loan is made. | 12 |
| Section 70. Construction of the Act. | 13 |
| (a) The provisions of this Act shall be construed in a | 14 |
| manner to enable the Corporation to effectively represent and | 15 |
| protect the interests of Illinois residents on matters | 16 |
| affecting public health. | 17 |
| (b) Nothing in this Act shall be construed to limit the | 18 |
| right of any person to initiate, intervene in, or otherwise | 19 |
| participate in any regulatory agency proceeding or court | 20 |
| action, nor to relieve any regulatory agency or court of any | 21 |
| obligation, or to affect its discretion, to permit intervention | 22 |
| or participation by any person in any proceeding or action.
| 23 |
| Section 75. The Citizens Utility Board Act is amended by | 24 |
| changing Section 9 as follows:
|
|
|
|
HB3814 Engrossed |
- 23 - |
LRB096 03796 RPM 13826 b |
|
| 1 |
| (220 ILCS 10/9) (from Ch. 111 2/3, par. 909)
| 2 |
| Sec. 9. Mailing procedure.
| 3 |
| (1) As used in this Section:
| 4 |
| (a) "Enclosure" means a card, leaflet, envelope or | 5 |
| combination thereof
furnished by the corporation under | 6 |
| this Section.
| 7 |
| (b) "Mailing" means any communication by a State | 8 |
| agency, other than
a mailing made by the Department of | 9 |
| Revenue under the Senior Citizens and
Disabled Persons | 10 |
| Property Tax Relief and Pharmaceutical Assistance Act,
| 11 |
| that is sent through the United States Postal Service to | 12 |
| more than 50,000
persons within a 12-month period.
| 13 |
| (c) "State agency" means any officer, department, | 14 |
| board, commission,
institution or entity of the executive | 15 |
| or legislative
branches of State government.
| 16 |
| (2) To accomplish its powers and duties under Section 5 | 17 |
| this Act, the
corporation, subject to the following | 18 |
| limitations, may prepare and furnish
to any State agency an | 19 |
| enclosure to be included with a mailing by that agency.
| 20 |
| (a) Except as provided in Section 40 of the Public | 21 |
| Health Advocates Act, a A State agency furnished with an | 22 |
| enclosure shall include the
enclosure within the mailing | 23 |
| designated by the corporation.
| 24 |
| (b) An enclosure furnished by the corporation under | 25 |
| this Section shall
be provided to the State agency a |
|
|
|
HB3814 Engrossed |
- 24 - |
LRB096 03796 RPM 13826 b |
|
| 1 |
| reasonable period of time in advance of
the mailing.
| 2 |
| (c) An enclosure furnished by the corporation under | 3 |
| this Section shall be
limited to informing the reader of | 4 |
| the purpose, nature and activities of the
corporation as | 5 |
| set forth in this Act and informing the reader that it may
| 6 |
| become a member in the corporation, maintain membership in | 7 |
| the corporation
and contribute money to the corporation | 8 |
| directly.
| 9 |
| (d) Prior to furnishing an enclosure to the State | 10 |
| agency, the
corporation shall seek and obtain approval of | 11 |
| the content of the enclosure
from the Illinois Commerce | 12 |
| Commission. The Commission shall approve the
enclosure if | 13 |
| it determines that the enclosure (i) is not false or
| 14 |
| misleading and (ii) satisfies the requirements of this Act. | 15 |
| The Commission
shall be deemed to have approved the | 16 |
| enclosure unless it disapproves the
enclosure within 14 | 17 |
| days from the date of receipt.
| 18 |
| (3) The corporation shall reimburse each State agency for | 19 |
| all reasonable
incremental costs incurred by the State agency | 20 |
| in complying with this
Section above the agency's normal | 21 |
| mailing and handling costs, provided that:
| 22 |
| (a) The State agency shall first furnish the | 23 |
| corporation with an
itemized accounting of such additional | 24 |
| cost; and
| 25 |
| (b) The corporation shall not be required to reimburse | 26 |
| the State agency
for postage costs if the weight of the |
|
|
|
HB3814 Engrossed |
- 25 - |
LRB096 03796 RPM 13826 b |
|
| 1 |
| corporation's enclosure does not
exceed .35 ounce | 2 |
| avoirdupois. If the corporation's enclosure exceeds that
| 3 |
| weight, then it shall only be required to reimburse the | 4 |
| State agency for
postage cost over and above what the | 5 |
| agency's postage cost would have been
had the enclosure | 6 |
| weighed only .35 ounce avoirdupois.
| 7 |
| (Source: P.A. 87-205.)
| 8 |
| Section 99. Effective date. This Act takes effect upon | 9 |
| becoming law.
|
|